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HomeMy WebLinkAbout14-0264 Supreme Court-of Pennsylvania Coul 4 Common Pleas _ I " CCFZ'Pt Sheet For Prattiouota)T Lase 0u11': Cumberlanl sl . Count<< Dos1:Qt�t °: . f The information collected on this form is used solely for court administration purposes. This form does not Supplement or replace thefiling and service ofpleadings or other papers as required by law or rules o court. Commencement of Action: X Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from another Jurisdiction ❑ Declaration of Takin E Lead Plaintiff Name: Lead Defendant's Name: LAKEVIEW LOAN SERVICING, LLC BARBARA A. STAINS C KEVIN W. STAINS T I Dollar Amount Requested within arbitration limits O Are money Damages requested ?: ❑ Yes ® No (Check one) X 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: KML Law Group, P.C. ❑ Check here if you 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 APPEAL ❑ 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 S ❑ Premises Liability ❑ Zoning Board ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) ❑Employment dispute: ❑ Slander/Libel. Defamation Discrimination ❑ Other ❑Employment Dispute: Other T ❑ Other: I 0 MASS TORT ❑ Other ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory ❑ Toxic Waste B ❑Other ❑Eminent Domain/Condemnation Arbitration ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus X Mortgage Foreclosure: Residential ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order • Dental ❑ Partition ❑ Quo Warranto • Legal ❑ Quiet title ❑ Replevin ❑ Medical ❑ Other Professional: ❑ Other ❑ Other Pa.R.C.P. 205.5 Updated 1/1/2011 KML LAW GROUP, P.C. F I L E o l`— RI C SUITE 5000- BNYMELLON INDEPENDENCE CENT ; 1'_ 701 MARKET STREET PHILADELPHIA, PA 19106 f � . (866)413 -2311 2014 JAH LAKEVIEW LOAN SERVICING, LLC LHL t COUNTW THE COURT OF COMMON PLEAS 4425 Ponce De Leon Blvd. P Mailstop MS5/251 OF Cumberland COUNTY Coral Gables, FL 33146 Plaintiff CIVIL ACTION - LAW vs. BARBARA A. STAINS ACTION OF MORTGAGE FORECLOSURE KEVIN W. STAINS Mortgagor(s) and Record Owner(s) CIVIL, ACTION: MORMAGI 609 Brookhaven Road NTOREMOSM New Cumberland, PA 17070 Defendant(s) 1 ( 4 . pZ � N jyl.' 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a 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 continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME O POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA 5�(AJ AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. � � gam' SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717- 243 -9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243 -9400. 2). Call the Consumer Credit Counseling Agency at 1- 800 - 989 -2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http: / /www.phfa.oriz/consumers /homeowners /real.aspx 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http: / /wxvw.philadelpliiafed.ori�/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1- 866 - 413 -2311 or via email at homeretentionCa kmllawgroup.com Call Seth at 215- 825 -6329 or fax 215- 825 -6429. The figure and /or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215- 825 -6318 or Fax: 215- 825 -6418. Please reference our Attorney File Number of 12732017C. Para informacion en espanol puede communicarse con Loretta al 215- 825 -6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is LAKEVIEW LOAN SERVICING, LLC, 4425 Ponce De Leon Blvd., Mailstop MS5 /251 Coral Gables, FL 33146. 2. The name(s) and address(es) of the Defendant(s) is /are BARBARA A. STAINS, 609 Brookhaven Road, New Cumberland, PA 17070 and KEVIN W. STAINS, 609 Brookhaven Road, New Cumberland, PA 17070, who is /are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On December 08, 2009 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR QUICKEN LOANS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on December 30, 2009 as Instrument # 200943023. The mortgage has been assigned to: LAKEVIEW LOAN SERVICING, LLC by assignment of Mortgage recorded on October 11, 2013 as Instrument # 201333545. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ( "Property ") 5. The mortgage is in default because the monthly payments are due and unpaid for June 01, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ............................... ............................... ....................$154,509.84 Interest from 05/01/2013 through 01/01/2014 at 4.8750 % . ......................$5,021.60 Monthly interest at $627.70 LateCharges ........................................ ............................... ........................$241.76 Escrow..... :.................................................................................................... $981.17 Pro Rata MIP ......................................... ............................... ........................$138.88 Escrow- Corporate Breakdowns ............ ............................... .........................$56.00 Reasonable Attorney's Fee .................. ............................... ............ ..........$1,650.00 $162,599.25 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability (or an " personam 'judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re- establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such Notice attached and incorporated as Exhibit `B ". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $162,599.25, together with monthly interest at $627.70 and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By. Z KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua L Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION I, Carrie Marciniak as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the. facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: I S I 1 7 Carrie Marciniak, Vice President #127320FC - BARBARA A. STAINS and KEVIN W. STAINS 609 Brookhaven Road New Cumberland, PA 17070 Ex,hibitA t EXHIBIT A -LEGAL DESCRIPTION Tax 1D Number(s): 26-24 -0609 -320 Land situated in the Borough of New Cumberland in the County of Cumberland in the State of PA ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERLY LINE OF BROOKHAVEN ROAD, SAID POINT BEING LOCATED 145 FEET MEASURED EASTWARDLY ALONG SAID LINE FROM THE NORTHEAST CORNER OF BROOKHAVEN AND CYNWOOD ROADS; THENCE NORTH 46 DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO. 13, BLOCK C, ON THE HEREINAFTER MENTIONED PLAN OF LOTS, 120 FEET TO A POINT; THENCE EASTWARDLY PARALLEL WITH BROOKHAVEN ROAD AND ALONG THE SOUTHERLY LINE OF LOT NO. 3, BLOCK C, 65 FEET TO A POINT; THENCE SOUTH 46 MINUTES EAST ALONG THE WESTERLY LINE OF LOT NO. 11, BLOCK C, 120 FEET TO A POINT ON THE NORTHERLY LINE OF BROOKHAVEN ROAD; THENCE BY THE LATTER LINE, SOUTH 89 DEGREES 14 MINUTES WEST, 65 FEET TO THE PLACE OF BEGINNING. Cornmonly known as: 609 Brookhaven Road, New Cumberland, PA 17070 ``''II 11tBUf1�� *U01072136* 1632 12/23/2009 76150636/1 Page 9 of 10 i Ey� , h ibit ( 13 *Exhibit has been redacted to remove all personally identifiable information or non-public information FM M &T Bank REPRESENT p NT 7107 8381 6542 1783 4843 7- 750- 70937 -0000256 -001 -01 -000 -000 -000 -000 KEVIN W STAINS 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 INTERNET REPRINT IV &T Bank REPRESENT NT 7107 8381 6542 1783 4850 4750- 70937 -0000259 -001 -01 -000 -000 -000 -000 _ BARBARA A STAINS 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 INTERNET REPRINT s REPRESENTATION OF PRINTED DOCUMENT September 20, 2013 KEVIN W STAINS 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 Re: Mortgage No.: _0972 Property Address: 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 ACT 6 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor Customer(s): If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. The mortgage held by M &T Bank on your property located at 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of 06/01/2013 through today. Late charges and other charges have also accrued to this date in the amount of $159.30. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $5,003.22. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $5,003.22 plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at M &T Bank, One Fountain Plaza, 7th Floor, ATTN: Payment Processing, Buffalo, NY 14203. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1- 800 - 724 -1633. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 FOR PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1- 800 - 724 -1633. Sincerely, M &T Bank Homeowner Assistance Center 1- 800 - 724 -1633 XD537 M &T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. INTERNET REPRINT Recording Requested By: Bank of America Prepared By: Gevorg Grigoryants 800 - 444 -4302 101 S. Marengo Ave. Pasadena, CA 91101 When recorded mail to: CoreLogic 450 E. Boundary St (!Ch a in SC 29036 DocM4 13021455334512313 Tax ID: 26-24 -0809 -320 Property Address: 609 Brookhaven Rd New Cumberland, PA 17070 -1706 Property Location: Township of NEW CUMBERLAND PAO-AM 26597733 9nt2013 LAK081C Ibis rce for Reoordefswe � �i ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 1800 TAPO CANYON ROAD, SUM VALLEY, CA 93063 does hereby grant, sell, assign, transfer and convey unto LAKEVIEW LOAN SERVICING, LLC whose address is 4425 PONCE DE LEON BLVD, MAILSTOP MS5251 CORAL GABLES, FL 33146 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon with j interest and all rights accrued or to accrue under said Mortgage. Original Lender: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR QUICKEN LOANS INC. Mortgagor(s): KEVIN W. STAINS AND BARBARA A. STAINS, HUSBAND AND WIFE Date of Mortgage: 12/82009 Original Loan Amount: $163,207.00 Recorded in Cumberland County, PA on: 12/30/2009, book N /A, page N/A and instrument number 200943023 This Mortgage has not been assigned unless otherwise stated below: Assigned From: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Assigned To: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Recording Date: 3/712012 Book/Liber. Page: — instrument Number. 201206777 IN WITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on OCT 02 2013 BANK OF AMERICA, N.A. By: Mattbet De sellers I: Assistant Vice Preshkmt I. i State of California County of Los Angeles On OCT 0 Z 2013 before me, JUdtth HeR6r8- F(@ft1h19 , Notary Public, personally appeared f MarW pa Serie<e , who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their autborized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct JUDITH HERRERA -RMN6 WITNESS my hand and official seal. Commission ! 1986916 Notary Public - CslNomis '9 County Comm Ex urea Ms 16, 2015 Notary Public: Judgh (Seal) My Commission Expires: A+Ity 16, 2015 I hereby certify that the address of the within named assignee is: 4425 PONCE DEE LEON BLVD, MAILSTOP MS5/251 CORAL GABLES, FL 33146 Signature DocID# 13021455334512313 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE ' t CARLISLE, PA 17013 - 717 -240 -6370 _ Instrument Number - 201333545 Recorded On 10 /11/2013 At 11:53:47 AM * Total Pages - 3 • Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 149146 User ID - MSW • Mortgagor - STAINS, KEVIN W • Mortgagee - LAKEVIEW LOAN SERVICING LLC • Customer - CORELOGIC * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $55.50 I I Certify this to be recorded in Cumberland County PA %cy RECORDER O - information denoted by an asterisk may change during the verification process and may not be reflected on this page. i 0 III�I I I III�II II� II I I �I i i r IN THE COURT OF COMMON PLEAS OF,, CUMBERLAND COUNTY, PENNSYLVANa s_ � .3 LAKEVIEW LOAN SERVICING, LLC Plaintiff Case No. VS. yx BARBARA A. STAINS KEVIN W. STAINS Defendant(s) 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 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: (SignafYwe of Counsel for Plaintiff) 1/9/2014 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Fleas 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: 111'. APPLI CANT. Borrower names ): Property Address: City: State. Is the property for sale? Yes EJ_ No EJ Listing elate: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes D 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: ## ofpeople in household: How long? ,"'FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mo rtgage 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 Banl:ruptoy? 'Yes (l No Q Zf yes, provide names, location of court, cnie number & attorney: Assets A mount Owed Value: Horne: $ $ 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.. Z. 3. Additional Income Description (not wages): 1. monthly amount: 2: monthly amount :. Borrower Pay pays: _- Co- borrower Pay Days: Monthly Egggnses: (Please only include expenses you are currently paying) EMNSE AMOUNT EXPENSE AMOUNT Mo a e Food 2r Mort a e Utilities Car Pam, eats Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuellre airs Other p ro p. payment Install. Loan Payment Cable TV Child Su rt/Alim. Spending Money IUa /Child CatelTuit. Other lux eases Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency ?' yes Q No ❑ If yes, please provide the following information: Counseling Agency: Couriselor: Phone.(Offace): Fax: - - Email; Have you trade application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes No If yes, please indicate the status of the application: Have you had any prier negotiations with your tender or lender's loan servicing company to resolve your delinquency? Yes No Q' If yes, please 'indicate the status of those ricgotiations: Please provide the follovrng information, if know, regarding your lender or lender's loan Servicing company: Lender's Contact (Marne): !Phone: Servicing Company (dame): Contact: Phone: 11w , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. `</We understand that Ilwe a under no obligation to use the services provided by the above gamed Borrower Signature Date Co Borrower Signature Date Please forward this document along with the fallowing information to lender and lender's counsel: Proof of income V fast 2 bank statements 1d Proof of any expected income for the last 45 days �t Copy of a current utility bill Y Letter explaining treason for delinquency and any supporting docurtnentatlo.n (bardship letter) Listing agreement (if property is currently on the market) • : SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff , , - xt,nt t!".:00r1 totr Jody S Smith , Chief Deputy l.i i Richard W Stewart , . � Solicitor )p% .. :, :a ry AE _'! Y3 ° - U; Lakeview Loan Servicing, LLC vs. Case Number Barbara A Stains (et al.) 2014-264 SHERIFF'S RETURN OF SERVICE 01/14/2014 03:48 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Barbara Stains,wife, who accepted as"Adult Person in Charge"for Kevin W Stains at 609 Brookhaven Road, New Cumberland Borough, New Cumberland, PA 17070. DAWN KELL, DEPUTY 01/14/2014 03:48 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Barbara A Stains at 609 Brookhaven Road, New Cumberland Borough, New Cumberland, PA 17070. DAWN KELL, DEPUTY SHERIFF COST: $63.21 SO ANSWERS, January 15, 2014 RONNK ANDERSON, SHERIFF Js:;s 12L J-OF F;(", ;. THE PROTHONOTARY 2.114 FEB I 0 PM 2: 5 1 William L. Adler, Esquire CUMBERLAND COUNTY 4949 Devonshire Rd. PENNSYLVANIA Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: BAL @BillAdlerLaw.com Supreme Court ID: 39844 Lakeview Loan Servicing, LLC : IN THE COURT OF COMMON PLEAS Plaintiff : Cumberland COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW Barbara A. Stains and Kevin W. Stains, : NO. 14-264 Civil Defendants : MORTGAGE FORECLOSURE ANSWER of DEFENDANTS AND NOW COME the Defendants, Barbara A. Stains and Kevin W. Stains, through their attorney, William L. Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. This is a conclusion of law to which no responsive pleading is required. 6. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. Proof thereof is demanded at trial. 7. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. Proof thereof is demanded at trial. 8. Denied. This is a conclusion of law to which no responsive pleading is required. 9. Admitted. WHEREFORE, defendants respectfully request that plaintiffs complaint be dismissed. 1 iam L. Adler, Esquire Attorney for Defendants 4949 Devonshire Rd. Harrisburg, PA 17109 717-652-8989 Supreme Court ID Number 39844 BAL@BillAdlerLaw.com February 6, 2014 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO UNS WORN FALSIFICATION TO AUTHORITIES. DATE: Z / v�/. ( i CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendants, hereby certify on the (D day of 1'09 , 2014, I served a copy of the within ANSWER, upon the following person by first class mail, postage prepaid, addressed as follows: Oflazian, Alyk L. KML Law Group Suite 5000 701 Market St. Philadelphia, PA 19106 1 Wil iam L. A le , Esquire KML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 LAKEVIEW LOAN SERVICING, LLC vs. BARBARA A. STAINS and KEVIN W. STAINS ATTORNEY FOR PLAINTIFF PEENS 5'L VA I.1 q`5`i; y , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-264CIVIL PLAINTIFF' S MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is LAKEVIEW LOAN SERVICING, LLC 2. (hereinafter "Plaintiff'). 2. Defendants are BARBARA A. STAINS and KEVIN W. STAINS (hereinafter "Defendants"). 3. Plaintiff filed its Complaint in Mortgage Foreclosure on January 13, 2014. A true and correct copy of the Complaint is attached hereto as Exhibit "A". 4. Defendant filed an Answer on or about February 6, 2014, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit 5. Plaintiff has attached an Affidavit to the instant Motion that avers all facts necessary to prove a prima facie case in Mortgage Foreclosure and that corroborates the facts as plead in Plaintiff's Complaint. See Plaintiff's attached Affidavit and Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, KMIL Law Group, P.C. ATTORNEY FOR PLAINTIFF KML Law Group, P.C. Suite 5000 —BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LAKEVIEW LOAN SERVICING, LLC vs. BARBARA A. STAINS and KEVIN W. STAINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 14-264CIVIL AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Karen M. Clark , being duly sworn according to law, deposes and says: 1. I am employed by M&T Bank , the Mortgage Servicer for the Plaintiff in this matter. I am authorized on behalf of M&T Bank to make the representations contained in this Affidavit. The statements under this Affidavit are based on my personal knowledge, as described in paragraph two (2) below. 2. In my capacity as vice President , I have access to M&T Bank 's business records, including the business records for and relating to Defendants' loan. I make this Affidavit based upon my review of those records relating to Defendants' loan and from my own personal knowledge of how they are maintained. The loan records for the Defendants are maintained by M&T Bank in the course of its regularly conducted business activities. 3. The Defendants, BARBARA A. STAINS, 609 Brookhaven Road, New Cumberland, PA 17070 and KEVIN W. STAINS, 609 Brookhaven Road, New Cumberland, PA 17070 , made, executed and delivered a Mortgage upon the premises, 609 Brookhaven Road, New Cumberland, PA 17070, on December 08, 2009 to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., SOLELY AS NOMINEE FOR QUICKEN LOANS, INC.. 4. The Mortgage is held by Plaintiff, attached hereto as Exhibit "C". The Mortgage has been assigned to LAKEVIEW LOAN SERVICING, LLC through Assignment of Mortgage, attached hereto as Exhibit "D", recorded on October 11, 2013. 5. The Mortgage is in default because monthly payments of principal and interest due June 01, 2013 and each month thereafter are due and unpaid. At no time from June 01, 2013 to the present has/have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose has been sent to Defendants by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on September 20, 2013, set forth in the true and correct copy of such notice attached to Plaintiffs Complaint as Exhibit "B:. 7. The amounts due and owing on the mortgage in question as of the filing of the Complaint are as follows: Principal Balance $154,509.84 Interest from 05/01/2013 $6,904.70 through 04/01/2014 at 4.8750% Attorney's Fees $1,855.00 Late Charges $433.63 Pro Rata MIP $136.24 Costs of Suit and Title Search $416.96 Property Inspections $98.00 Escrow $1,186.85 Total $165,541.22 I hereby verify that any and all exhibits attached to the Motion for Summary Judgment are true and correct copies of the originals and I declare all of the foregoing to be true and correct. SWORN TO AND SUBSCRIBED: before me this 2"`9 - day: Title: Vice President Nicole M McIntosh of rn, 2014:01 MC6256195 Notary Public, State of New York �, IV, f7'f, � // Qualified in Erie County Notary Public, /Vt.co /e M, bl(Iii�*S/ My commission expires FEBRUARY 21st, 20.0 KML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF LAKEVIEW LOAN SERVICING, LLC vs. BARBARA A. STAINS and KEVIN W. STAINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-264CIVIL PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. PROCEDURAL HISTORY This is an Action of Mortgage Foreclosure brought against the Defendants, who are the Mortgagors and Real Owners of the real property located at 609 Brookhaven Road, New Cumberland, PA 17070 ("Property"). Plaintiff filed a Complaint and Defendants filed an Answer. Plaintiff has now moved for Summary Judgment and this Memorandum is offered in support of Plaintiffs Motion. II. LEGAL ARGUMENT Summary Judgment is governed by Pa.R.C.P. 1035.1 et. seq., Rule 1035.2 provides, "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for Summary Judgment...." Summary Judgment is appropriate to be entered, "whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense..." Pa.R.C.P. 1035.2(1). Rule No. 1141 of the Pennsylvania Rules of Civil Procedure provides that the foregoing assumpsit rule applies to actions of Mortgage Foreclosure. Pa.R.C.P. 1035.2(2) requires the party who opposes the Motion to provide the Court, in response to the Motion, with "...evidence of facts essential to the ... defense which, in a jury trial, would require the issues to be submitted to a jury." Specifically, Pa.R.C.P. 1035.3 states, in pertinent part: (a) ...The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the Motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the Motion or from a challenge to the credibility of one or more witnesses testifying in support of the Motion... Plaintiff has included an Affidavit in support of its Motion for Summary Judgment, pursuant to Pa. R. C. P. 1035.4, which rule states in relevant part: Supporting and opposing Affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an Affidavit shall be attached thereto or served therewith. The Court may permit Affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. The only issue before the Court is whether Defendants' Answer raises any legal or factual issue, which provides a basis for denying Plaintiff its request for Summary Judgment. Plaintiff respectfully suggests it does not. Defendants admit paragraphs 1, 2, 3 and 4 of the Complaint, specifically the identities of the parties, the making, execution, delivery, recordation and Assignment of the Mortgage in question and the legal description of the Property. Paragraphs 5 and 6 of the Complaint contain the specific averments of default and amounts due and owing upon the Mortgage required to be averred in Actions of Mortgage Foreclosure as set forth in Pa.R.C.P. No. 1147(a)(4) and (5). Defendants answer these specific averments by stating that these averments are "conclusions of law" making a response unnecessary. Defendants deny the default and dispute the amount owed. Pa.R.C.P. 1029(b) requires Defendants to dispute Plaintiff's allegations with some specificity. Defendants have not done so. Defendants makes no specific response whatsoever regarding Defendants' failure to tender monthly payments or the amounts due and owing. Defendants cannot simply invoke Pa. R.C.P. 1029(c) when Defendants, as well as Plaintiff, have knowledge, or should have independent knowledge of the Mortgage account. Further, as case law assumes that Defendants have knowledge of their own Mortgage account, Defendants are deemed to have admitted these specific allegations of default by failing to deny the allegations with any specificity. First Wisconsin Trust Company vs. Strausser and Perlberger, 439 Pa.Super 192, 653 A.2d 688, 692 (1995); New York Guardian Mortgagee Corporation vs. Dietzel, 524 A.2d 951 (Pa. Super 1987) Cercone vs. Cercone, 386 A.2d 1 (1978); Pa. R. C. P. No. 1029. The lack of specific, detailed response to Plaintiffs specific averments of defaults constitutes an admission of the default and amounts due and owing upon the Mortgage. See, New York Guardian Mortgagee Corporation vs. Dietzel, 362 Pa.Super 426, 524 A.2d 951, 952 (1987). Defendants have never offered the total amount necessary to reinstate the Mortgage. Plaintiff would gladly accept full reinstatement under the Mortgage, as it is likely to suffer a loss if this litigation continues. Defendants' general denials that the damages are incorrectly calculated are not a basis to deny Plaintiff Judgment as a matter of law. Default in an Action of Mortgage Foreclosure is an absolute. Once default under the terms of the Mortgage has been established, the Court must enter Judgment in favor of the Holder of the Mortgage. The question of accounting is saved for another day, specifically, after a sheriffs sale of the Property. The Supreme Court of Pennsylvania held in Landau vs. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d. 335 (1971): The Mortgagors are unquestionably entitled to an accounting, but that accounting is not due until the property is sold at sheriffs sale and distribution of the proceeds is made. Judgment in a Mortgage Foreclosure Action must be entered for a sum certain or no execution could ever issue on it. 445 Pa. at 226, 282 A.d. at 340. In the Landau Supreme Court decision, directs a Court to enter Summary Judgment in favor of the Plaintiff/Mortgagee where the Defendant/Mortgagor admits the default upon the Mortgage. Landau vs. W. Pa. Nat. Bank, 445, Pa. at 225-226, 282 A. 2d at 340 Landau vs. W. Pa. Nat. Bank, 455, Pa. at 225-226, 255-266, 282 A. 2d at 340 (1971). Thus, while Defendants' default is a legal conclusion, Plaintiff respectfully suggests this Honorable Court should conclude, based upon the deemed admissions of the Defendants and the verified facts of Plaintiff in its Affidavit in Support of its Motion, that Plaintiff is entitled to Summary Judgment. Pennsylvania Courts have long and repeatedly upheld the reasonableness and enforceability of a request in an Action of Mortgage Foreclosure for attorney's fees as demanded in Plaintiffs Complaint at paragraphs 6 and 7. Galligan vs. Heath, 103 A. 878, 260 Pa. 457, 462 (1919); Foulke vs. Hatfield Fair Grounds Bazaar, Inc., 173 A.2d 703, 196 Pa. Super, 155, 159-160 (1961); First Federal S&L Assn. vs. Street Road Shopping Center, 68 D & C 2d 751, 755-756 (Bucks County) (1974). Moreover, as further explained in Paragraph 7 of Plaintiffs Complaint, the attorney's fees demanded in Paragraph 6 of Plaintiffs Complaint would only be collected in the event of a third party purchaser at sheriffs sale. Defendants continue to have the option of paying all arrears and costs up to one hour before the Sheriffs Sale in conformity with the provisions of Act 6 in which case attorney's fees will be assessed based on work actually performed. Pennsylvania Act 6 of 1974, 41 P.S. Section 401 et. seq. Regardless, Plaintiff has included actual attorney's fees and costs good through April 2, 2014 in its Affidavit attached to this Motion. Plaintiff's proposed Order requests damages assessed in the amount of $165,541.22, together with interest from May 1, 2013 to the date of Sheriff's Sale, and for Foreclosure and Sale of the Mortgaged premises. Plaintiff is entitled to be reimbursed for its reasonable and actual attorney's fees incurred. It is respectfully suggested that should this Honorable Court find that the reasonable attorney's fees requested raises a genuine issue of fact, Summary Judgment be granted Plaintiff as to all issues except attorney's fees. Certainly, with default deemed to be admitted, it would be unfair and a waste of this Court's valuable resources to conduct a trial in this matter if the only issue of genuine fact is the demand for attorneys fees. Defendants generally deny paragraph 8 of the Complaint. Plaintiff submits, in paragraph 8 of its Complaint that Plaintiff is not seeking a Judgment of personal liability (or in Personam Judgment) against the Defendants in this action but reserves its right to bring a separate action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to Foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. Defendants admit Paragraph 9 of the Complaint that Plaintiff fully complied with Act 160 of 1998. III. CONCLUSION All material averments of the within Motion are verified in the attached signed and sworn Affidavit pursuant to Pa.R.C.P. No. 1035. Defendants cannot simply rely upon the averments of the Answer to raise an issue of fact. Phaff v. Gerner, 303 A.2d 826, 451 Pa. 146 (1973). Accordingly, Defendants' Answer admits all material facts, there are no issues of material fact and the Court should grant Plaintiffs Motion for Summary Judgment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in its favor and against Defendants as prayed for in Plaintiff's Complaint. BY: Respectfully submitted, KML La G i:' 1, P.C. Adi JILL P. J U+ I S, i r QUIRE A ATTORNEY FOR PLAINTIFF KML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 LAKEVIEW LOAN SERVICING, LLC vs. BARBARA A. STAINS and KEVIN W. STAINS A. Complaint B. Answer C. Mortgage D. Assignments of Mortgage E. Note F. Transaction History ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS EXHIBIT LIST** OF CUMBERLAND COUNTY NO. 14-264CIVIL RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 LAKEVIEW LOAN SERVICING LLC (VS) Case Number 2014-00264 Received of PD BY ATTY OFLAZIAN BH Total Non -Cash + 103.75 Total Cash + .00 Change - .00 Receipt total = $103.75 Receipt Date Receipt Time Receipt No. STAINS BARBARA A ET AL 1/13/2014 10.17:19 300379 Check# 756192 Distribution Of Payment Transaction Description Payment Amount COMPLAINT TAX ON CMPLT SETTLEMENT AUTOMATION JCP FEE 65.25 CUMBERLAND CO GENERAL FUND .50 BUREAU OF RECEIPTS AND CONTROL 9.50 CUMBERLAND CO GENERAL FUND 5.00 CUMBERLAND CO AUTOMATION FUND` 23.50 BUREAU OF RECEIPTS AND CONTROL $103.75 LAKEVIEW LOAN SERVICING, LLC Plaintiff vs. BARBARA A. STAINS KEVIN W. STAINS Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. �� • p t •f� 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 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. 1/9/2014 Date Resptfully submitted: (Signa a 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 provide the following information to the best of your knowledge: CUSTOMFAVPRINiARY APPLICANT Borrower name(s): Property Address; City: Is the property for sale? Realtor Name: Ye State: Zip: Price: $ Realtor Phone: Borrower Occupied? Yesfl No Mailing Address (if different): City: Phone Numbers: Home: Office: Cell: Other: State: Zip: # of people in household: How long? Mailing Address; City: State: Zip: Phone Numbers: Home: Office: Cell: Other. Email: # of people in household: How , First Mortgage Lender: Type of Loan: Loan:Number: Second Mortgage Lender: Type of Loan: Loan Number: to You Closed Your Loan; Total Mortgage Payments Amount: $ Date of Lest Payment: Included Taxes & In ce; Primary Reason for Default: Is the loan in Bankruptcy? Yesfl No If_ yes, provide names, location of court, Case number & attorney; Assets Amount Owed: Home: Other Real Estate: $ Retirement Funds; $ Investments: $ Checking: $ Savings: $ Other: $ automobile #1 Model: Amount owed; �Jue• $ $ Year: Value: Automobile #2 Model: Year: Amount owed: Value: Other rans • ortation automobiles boats motore ctes • Model: Value Monthly Income Name of Employers: i. 2.. 3, - Additional Income Description (not wages): I. monthly amount: �... 2. monthly amount: Borrower Pay Days: Co -Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT h10� Food _ z reg g Utilities Car Pa en Auto Insurance Condo!Neigh. Fees lvled. not covered} Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su. • • rt/Alftn. S • . . rn: Mcrae Day/Child Carelruit, Other Expenses Amount Available for Monthly Mortgage Payments Basad on Income & Expenses: Have youbeen working with a Housing Counseling Agency? Yes © No 0 If yes, please provide the fallowing info r nation: Counseling Agency:, Counselor: Phone (Office): Fax:., - --. Email: Have you made application for Homeowners 1✓rnergeney Mortgage Assistance Program .(HEMAP) assistance? Yes' Q 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? YesD No El If yesr please indicate the status of those negotiations: please provide the following infbmiation, if know; regarding your Iender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Naive): Contact: Phone: IlWe, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe 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 11 Proof of any expected income for fire last 45 days Copy of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation f (hardship letter) - V Listing agreement (if property is currently on the market) ATTORNEY COPY1LFJ: 1-1,,r_ KML LAW GROUP, P.C. UF fiC PFS 71;U,�IU iA�i Y SUITE 5000 — BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET 20111 JAN � 3 _ .. _ PIIILADELPIRA,1A 19106 (866)413-2311 CUM13ERLAND LAKEVIEW LOAN SERVICING, LLC ' A 4425 Ponce De Leon Blvd. Maiistop MS5/25 i Coral Gables, FL 33146 Plaintiff vs. BARBARA A. STAINS KEVIN W. STAINS Mortgagor(s) and Record Owner(s) 609 Brookhaven Road New Cumberland, PA 17070 Defendant(s) NOTICE rF„rrrr„ THAT THIS 18 I'r'e, ANO COPY' OP THE ORIGINAL PILED. THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CIVIL ACTION: MORTGAGI N`ORECLOSI RE 61- afi U 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 the 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 claim in the Complaint of 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. THIS OFFICE CAN PROVIDE YOU wmi INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBT .F PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This day of 20 Prothonotary AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a 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 continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://wwwphiladelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(,krnllawggroup.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 127320FC. Para infonuacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. ATTORNEY HEREBY CERTIFY THAT THIS C18 A tgi)0 MC CORRECT COPY PyLAINT IN MORTGAGE FORECLOSURE off tFi(,; ONGINAL FILED. 1. Plaintiff is LAKEVIEW LOAN SERVICING, LLC, 4425 Ponce De Leon Blvd., Mailstop MS5/251 Coral Gables, FL 33146. 2. The name(s) and address(es) of the Defendant(s) is/are BARBARA A. STAINS, 609 Brookhaven Road, New Cumberland, PA 17070 and KEVIN W. STAINS, 609 Brookhaven Road, New Cumberland, PA 17070, who is/are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. 3. On December 08, 2009 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELEC IRONIC REGISTRATION SYS IEMS, INC., SOLELY AS NOMINEE FOR QUICKEN LOANS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on December 30, 2009 as Instrument # 200943023. The mortgage has been assigned to: LAKEVIEW LOAN SERVICING, LLC by assignment of Mortgage recorded on October 11, 2013 as Instrument # 201333545. The Mortgage and Assignment(s) (if any) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments are due and unpaid for June 01, 2013 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiffon the Mortgage: Principal Balance $154,509.84 Interest from 05/01/2013 through 01/01/2014 at 4.8750% $5,021.60 Monthly interest at $627.70 Late Charges $241.76 Escrow $981.17 Pro Rata MIP •$138.88 Escrow- Corporate Breakdowns $56.00 Reasonable Attorney's Fee $1,650 00 $162,599.25 7. If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such Notice attached and incorporated as Exhibit "B". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $162,599.25, together with monthly interest at $627.70 and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Alyk L. Oflazian Pa. ID 312912 Salvatore Filippello Pa. ID 313897 Attorneys for Plaintiff VERIFICATION 1, Carrie Marciniak , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: 11011 eskuAlQ V14,cut,LA.A4t), Carrie Marciniak, Vice President #127320FC - BARBARA A. STAINS and KEVIN W. STAINS 609 Brookhaven Road New Cumberland, PA 17070 r EXHIBIT A - LEGAL DESCRIPTION Tax ID Number(s): 26-24-0809-320 Land situated in the Borough of New Cumberland in the County of Cumberland in the State of PA ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERLY UNE OF BROOKHAVEN ROAD, SAID POINT BEING LOCATED 145 FEET MEASURED EASTWARDLY ALONG SAID UNE FROM THE NORTHEAST CORNER OF BROOKHAVEN AND CYNWOOD ROADS; THENCE NORTH 46 DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO. 13, BLOCK C, ON THE HEREINAFTER MENTIONED PLAN OF LOTS, 120 FEET TO A POINT; THENCE EASIWARDLY PARALLEL WITH BROOKHAVEN ROAD AND ALONG THE SOUTHERLY UNE OF LOT NO. 3, BLOCK C, 65 FEET TO A POINT; THENCE SOUTH 46 MINUTES EAST ALONG THE WESTERLY LINE OF LOT NO. 11, BLOCK C, 120 FEET TO A POINT ON THE NORTHERLY LINE OF BROOKHAVEN ROAD; THENCE BY THE LATTER LINE, SOUTH 89 DEGREES 14 MINUTES WEST, 65 FEET TO THE PLACE OF BEGINNING. Commonly known as: 609 Brookhaven Road, New Cumberland, PA 17070 11111111,1111111111 � A101072136. 1632 12/23/2009 76150636/1 Page 9of10 Efiibit B *Exhibit has been redacted to remove all personally identifiable information or non-public information Fa mail:tank REPRESENT 11111111.......1111NIMNIM KEVIN W STAINS 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 11111111111.11111•1111111111111111111111111111MIMIM INTERNET REPRINT NT 1 1 M&T Balik REPRESENT BARBARA A STAINS 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 L mNT INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT September 20, 2013 KEVIN W STAINS 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 Re: Mortgage No.: Property Address: 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 ACT 6 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor Customer(s): If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. The mortgage held by M&T Bank on your property located at 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of 06/01/2013 through today. Late charges and other charges have also accrued to this date in the amount of $159.30. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $5,003.22. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $5,003.22 plus any additional rnonthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at M&T Bank, One Fountain Plaza, 7th Floor, ATTN: Payment Processing, Buffalo, NY 14203. If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over.$50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attomey's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 10 months from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-724-1633. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 FOR PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. If you have any questions regarding this letter, please feel free to contact our office at 1-800-724-1633. Sincerely, M&T Bank Homeowner Assistance Center 1-800-724-1633 XD537 M&T Bank is attempting to collect a debt and any information obtained will be used for that purpose. If you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. INTERNET REPRINT WILLIAM. L. ADLER ATTORNEY AT LAW 4949 Devonshire Road HARRISBURG, PENNSYLVANIA 17109. PHONE: (717) 652-8989 FAX (717) 307-3343 EMALL:'BAL@BillAdlerLaw.com WEBSITE: BillAdlerlAw.com LEwLi.y. ADLER (,914.141) DAVID S. KOHN (1734490) Louis), ADLER. (1039-1999.), 'CRAIO LADLER Cumberland. County Courthouse Prothonotary One Courthouse Square Carlisle, PA 1701373387 Re: Answer, Stains Dear Prothonotary: February 6, 2014 ANOADLER (1934 -two KOIIN;"AtiLER (j96Nivol)• ADLER &ADLER 999-31,1(I) Enclosed please find op 'ans.‘yafot. tiling. PleaSeelOek the -copy enelosed andreturri ittoine in :the envelope provided. Thank you. William L. Adler WLA William L. Adler, Esquire 4949 Devonshire Rd. Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Email: BAL@BillAdlerLaw.com Supreme Court ID: 39844 Lakeview Loan Servicing, LLC Plaintiff v. Barbara A. Stains and Kevin W. Stains, Defendants : IN THE COURT OF COMMON PLEAS : Cumberland COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 14-264 Civil : MORTGAGE FORECLOSURE ANSWER of DEFENDANTS AND NOW COME the Defendants, Barbara A. Stains and Kevin W. Stains, through their attorney, William L. Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. This is a conclusion of law to which no responsive pleading is required. 6. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. Proof thereof is demanded at trial. 7. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment Proof thereof is demanded at trial. 8. Denied. This is a conclusion of law to which no responsive pleading is required. 9. Admitted. WHEREFORE, defendants respectfully request that plaintiffs complaint be dismissed. lltarn L. Adler, Esquire Attorney.for Defendants 4949 Devonshire Rd. Harrisburg, PA 17109 717-652-8989 Supreme Court ID Number 39844 BAL@BiliAdlerLaw com VERIFICATION I VERIFY THAT THE STATEMENTS MADE fl4 THE FOREGOING PLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO TI -IE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATINGI TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 44, b 4t. c'14. 42+V) CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendants, hereby certify on the C) 1 day of il.A , 2014, I served a copy of the within ANSWER, upon the following person by first class mail, postage prepaid, addressed as follows: Oflazian, Alyk L, IC/vIL Law Group Suite 5000 '70t Market St, Philadelphia; PA 19106 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200943023 Recorded On 12/30/2009 At 1:07:28 PM * Instrument Type - MORTGAGE Invoice Number - 58504 User ID - AF * Mortgagor - STAINS, KEVIN W * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - US RECORDINGS INC * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID * Total Pages - 13 $0.50 $23.50 $27.50 $10.00 $11.50 $2.00 $3.00 $78.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OD EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. M i Ill Prepared By: Diana Moreno 27555 Farmington Road. Suite 300 Farmington. MI 48334 (800)226-6308 ext. 16262 Recording Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive St. Paul, MN 55117 Parcel Number: 26-24-0809-320 Premises: 609 Brookhaven Rd New Cumberland, PA 17070 Commonwealth of Pennsylvania [Space Above This Line For Recording Data) MORTGAGE MIN THIS MORTGAGE ("Security Instrument") is given on December 8, 2009 The Mortgagor is Kevin W. Stains and Barbara A. Stains, husband and wife ('Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and MERS has a mailing address of P.O. Box 2026, Flint, MI 48501-2026 and a street address of 3300 S.W. 34th Avenue, Suite 101, 2104975830 FHA Mortgage with MERS • PA VMP® Wohers Mower Financial Services M=1111111111111111 Revised 4/96 Amended 6/02 VMP4N(PA( (0907).00 Page 1 of 11 Ocala, FL 34494. The MERS telephone number is (888) 679-MERS. Quicken Loans Inc. ("Lender") is organized and existing under the laws of the State of Michigan , and has an address of 20555 Victor Parkway, Livonia. MI 48152 Borrower owes Lender the principal sum of One Hundred Sixty Three Thousand Two Hundred Seven and 00/100 pours (U.S. $ 163, 207.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on January 1, 2040 , This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in Cumberl and County, Pennsylvania: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD., which has the address of 609 Brookhaven Rd [street] New Cumberland (city], Pennsylvania 17070 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of' the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise FHA Mortgage with MERS - PA VMP® .. Wolters Kluwer Financial Services Ilii llllllll I 111111111111111111111111 Revised 4/96 Amended 6/02 • VMP4NIPA) 10907).00 Page 2 of 11 KwS 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 or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1, Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and Late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund FHA Mortgage with NIERS PA VMP® Wolters Kluwer Financial Services !!UiiiIIII 1111111 I UllIlil 111111I IIII i 111111 III Revised 4/96 Amended 8/02 VMP4NIPAl (09071.00 Page 3oftt Kos G01S any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond FHA Mortgage with MERS'• PA VMP Wottera Kluwer Financial Services III III II IIIIII III Revise P4N PPS 071 11 dcirs Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures FHA Mortgage with MERE' PA VMP® Woters Kluwer Financia! Services IIIMMI111111111111111 Recieed 4/95 Amended 6/02 VMP4NIPA) (0907).00 Page 5 of 11 KSS from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (Ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C, 1701j -3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This FHA Mortgage with MERS - PA VMPIe Wolters Kluwer Financial Services Revised 4/98 Amended 8/72 VMP4NIPA) 09071.00 Peso 8 0T 11 right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several, Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. FHA Mortgage with MERS - PA VMP® Wolters Kluwer Financial Services !!!111111111,1,11W21111111111111111 Revised 4/96 Amended 6/02 VMP4N(PAl 109071.00 Page 7 0111 15. Borrower's Copy. Borrower shall he given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and 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. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. FHA Mortgage with MERS • PA VMP® Vyoltere Kluwer Financiei Services 4=2E11111111111111111 iiiiiiiimimiiiiiiiiiiiiiiii11 Revised 4/96 Amended 6/02 VMP4NIPA) 10907).00 Page 8 of 11 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, Including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudlcial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)]. Condominium Rider ❑ Planned Unit Development Rider Growing Equity Rider ® Other [specify] Graduated Payment Rider Legal Attached FHA Mertpens with MRS • PA VMPn Wolters Kluwer Financial Services III 1111111111111111111111111111111II1I I II Revised 4196 Amended 0/02 VMP4N(PA) 109071.00 Page 9 of 11 Ks BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: / 111i41-- - ( 2/08/2009 (Seal) Kevin W. Stains -Borrower �412/08!2009 (Seal) Barbara A. Stains -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower FHA Mortgage with MERS - PA VMP® Wolters Kluwer Financial Services I Revised 4/96 Amended 6/02 VMP4NIPAI 109071.00 Page 10 of 11 r%og �4�S COMMONWEALTH OF PENNSYLVANIA, Cumberl and County ss: On this, 8th day of December 2009 , before me, the undersigned officer, personally appeared Kevin W. Stains and Barbara A. Stains, husband and wife they known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 3 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rebecca Newcomer, Notary Public Hampden Twp.. Cumberland County My Commission Expires Jan. 28, 2013 Member, Pennsylvania Association of Notaries Ze be cock tie-).v\er- Title of Officer Certificate of Residence ,_--- I, Jgs0 f\ �� ` ` 6-A` , do hereby certify that the correct address of the within -named Mortgagee is 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474, P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 8th day of 2009 December /74._ �JQ$on t'.1c•.--4.••-x. Agent of Mortgagee FHA Mortgage with MERS • PA VMP® Wolters Kluwer Financial Services III II IIII I Ill l lI l ilii ilii II 111 III III III RevisedVMP4NI P8tl8090 2 O 6100 EXHIBIT A - LEGAL DESCRIPTION Tax ID Number(s): 26-24-0809-320 Land situated in the Borough of New Cumberland in the County of Cumberland in the State of PA ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERLY LINE OF BROOKHAVEN ROAD, SAID POINT BEING LOCATED 145 FEET MEASURED EASTWARDLY ALONG SAID LINE FROM THE NORTHEAST CORNER OF BROOKHAVEN AND CYNWOOD ROADS; THENCE NORTH 46 DEGREES WEST ALONG THE EASTERLY LINE OF LOT NO. 13, BLOCK C, ON THE HEREINAFTER MENTIONED PLAN OF LOTS, 120 FEET TO A POINT; THENCE EASTWARDLY PARALLEL WITH BROOKHAVEN ROAD AND ALONG THE SOUTHERLY LINE OF LOT NO. 3, BLOCK C, 65 FEET TO A POINT; THENCE SOUTH 46 MINUTES EAST ALONG THE WESTERLY LINE OF LOT NO. 11, BLOCK C, 120 FEET TO A POINT ON THE NORTHERLY LINE OF BROOKHAVEN ROAD; THENCE BY THE LATTER LINE, SOUTH 89 DEGREES 14 MINUTES WEST, 65 FEET TO THE PLACE OF BEGINNING. Commonly known as: 609 Brookhaven Road, New Cumberland, PA 17070 1111111111111 1632 12/23/2009 76150636/1 Page 9 of 10 EXHIBIT "D" ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - W1333545 Recorded On 10/11/2013 At 11:53:47 AM *Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 149146 User ID - MSW * Mortgagor - STAINS, KEVIN W * Mortgagee - LAKEVIEW LOAN SERVICING LLC * Customer - CORELOGIC *FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 FEES COUNTY ARCHIVES s.r. $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $55.50 * Total Pages -3 Certification Page DO NOT DETACH This page is now part of this legal document. Certify this to be recorded in Cumberland County PA ,".:e RECORDER OIi D EDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 3 15 Recording Requested By: Bank of America Prepared By: Gevorg Grigoryants 800-444-4302 101 S. Marengo Ave. Pasadena, CA 91101 When recorded mail to: CoreLogic 450 E. Boundary St. Chati°IItllI SOl I DocID0 13021455334512313 Tax ID: 26-24-0809-320 Property Address: 609 Brookhaven Rd New Cumberland, PA 17070-1706 Property Location: Township of NEW CUMBERLAND PAO-AM 26597733 9!1/013 LAKOt1C 11V J11 ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 1800 TAPO CANYON ROAD, SIMI VALLEY, CA 93063 does hereby grant, sell, assign, transfer and convey unto LAKEVIEW LOAN SF..RVICING, LLC whose address is 4425 PONCE DE LEON BLVD, MAILSTOP MS51251 CORAL GABLES, FL 33146 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein described and the money due and to become due thereon wilt) interest and all rights accrued or to accrue under said Mortgage. Original Lender: • MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR QUICKEN LOANS INC. Mortgagor(s): KEVIN W. STAINS AND BARBARA A. STAINS, HUSBAND AND WIFE Date of Mortgage: 12/8/2009 Original Loan Amount 1163,207.00 Recorded in Cumberland County, PA on: 12/30/2009; book NIA, page N/A and instrument number 200943023 This Mortgage has not been assigned unless otherwise stated below: Assigned From: MORTGAGE ELECTRONIC REGISTRATION SYSEEMS, INC. Assigned To: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE NOME LOANS SERVICING, LP Recording Date: 3/7t2012 Book/Liber:-Page: instrument Number: 201206777 IN WITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on OCT 0 2 2013 BANK OF AMERICA, N.A By: ',bribe! De Soden Assistant Yloe President State of California County of Los Angeles On OCT 02 2013 before me, Judith HerrBre-F emb19 , Notary Public, personally appeared Martbol De Sodom , who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me thatbe/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of ttte State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal._ Notary Public: Judith FMrmra-Rerring ( My Commission Expires: May 18.2015 I hereby certify that the address of the within named assignee is: 4425 PONCE DE LEON BLVD, MA,ILSTOP MS5I251 CORAL GABLES, FL 33146 HERRERA-RI3MN6 Caumdglon 11$38916 Notary Public - Catlan1i Oranpr County sml Comm_ bets M716. 2814 Signature DoclD# 13021455334512313 Inst. # 201206777 - Page 3 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201206777 Recorded On 3/7/2012 At 8:12:35 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -103454 User ID - MSW * Mortgagor - STAINS, KEVIN W *Mortgagee - BANK OF AMERICA N A * Customer - SIMPLIFILE LC E -RECORDING *FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $1.1.50 $10.00 $2.00 $3.00 $50.50 Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF DEEDS - Information denoted by an asterisk may change during the verification process and may not be reflected on thispage. DocID# 41321455334520276 •Y Recording Requested By: Bank of America Prepared By: Diana De Avila 888-603-9011 450 E. Boundary St Chapin, SC 29036 When recorded mail to: CoreLogic 450 E. Boundary St. Attn: Release Dept. Chapin SC 29036 1111111111111111111111111111111111111. DocID# 41321455334520276 Tax ID: 26-24-0809-320 Property Address: 609 Brookhaven Rd New Cumberland, PA 17070-1706 Property Location: Township of NEW CUMBERLAND PAO.AM 17519416 3/212012 Inst. # 201206777 — Page 1 of 3 CERTIFIED PROPERTY IDENTIFICATION'NUMBERS 26-24-0809-320 — NEW COMERLAND2 CCGIS REGISTRY 03/07/2012 BY CM This space ferAecedefe use • MIN #: NIERS Phone #: ASSIGNMENT OF MORTGAGE For Value Received, the undersigned holder of a Mortgage (herein "Assignor") whose address is 1901 E Voorhees Street, Suite C, Danville, IL 61834 docs hereby grant, sell, assign, transfer and convey unto BANK OF - AMERICA, NA., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FICA COUNTRYWIDE HOME LOANS SERVICING, LP whose address is 451 7TH ST.SW #B-133, WASHINGTON DC 20410 all beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein• described and the money due and to become due thereon with interest and all rights. accrued or to accrue under said Mortgage. Original Lender. QUICKEN LOANS INC. • Mortgagor(s): KEVIN W. STAINS AND BARBARA A. STAINS, HUSBAND AND WIFE Date of Mortgage: 12/8/2009 Original Loan Amount $163,207.00 Recorded in Cumberland County, PA on: 12/30/2009, book N/A, page N/A and instrument number 200943023 This Mortgage has not been assigned unless otherwise stated below: WITNESS WHEREOF, the undersigned has caused this Assignment of Mortgage to be executed on MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Bv: aymo &'Marquez Assistant Secretary 11111111111111 �'�a5va1�111111�u�1 EIQIIIVIIIII�I.zoe ee� wz iu Inst. # 201206777 - Page 2 of 3 State of California County of Ventura MAR 0 3 2012CarOl Marie Littleford On before me, , Notary Public, personally appeared Raymond Marquez who proved to me on the bans or satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and. acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary ' ublic: #' (Seal) My Co mon xpires: a ' , 2014 I hereby certify that the address of the within named assignee is: 451;' 7TH ST.SW #B -v, WASHINGTON DC 20410 Signature �Ae—.1 reft CAROL MARIE LITTLEFORO� Commission # 1875468 Notary Public - California D Los Angeles County Lv _ , J My Comm. Expires Jan 2, 2014 DoclD# 41321455334520276 EXHIBIT "E " State of Pennsylvania MERS MIN: December 8. 2009 (Talc] NOTE FHA Case No. 01111111111111111111 609 Brookhaven Rd New Cumberland. PA 17070 [Property Address) MEM Stains. Kevin 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender", means Quicken Loans Inc. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In retum for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Sixty Three Thousand Two Hundred Seven and 00/100 Dollars (U,S. $ 163,2.07.00 ), plus interest, to the order of Lender. Interest wilt be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Four and Seven- El ghths percent ( 4.875 C°o) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the sante date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a paytnent of principal and interest to Lender on the first day of each month beginning on February , 2010 . Any principal and interest remaining en the first day of January . 2040 , will be due on that date, which is called the "Maturity Date." (i3) Place Payment shall be made at P.O. Box 553154, Detroit. MI 48255-3154 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount pf U.S. $ 863.71 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applies[ to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note, [Check applicable box} t� LJGraduated Payment Allonge L JGrnwing Equity Allonge UOther [specify) 5. BORROWER'S RIGA' TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender.and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payrnent unless Lender agrees in writing to those changes. FHA Pennsylvania Irtxed Rate Note - 10/95 Wolters Kluwer Financial Services VMP-1 WA) (0707) K%S 1 of 2 Initlafs: 2104975828 TZc— !liIIIlII1I 1111111 1 I 1 Ili1IIIIIllII1111. 4 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdne Payments If tender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and No -Thousandths percent ( 4.000%) of the overdue amount of each payment. (B) Default e a: ')1 If Bori%wer defaults by failing lb pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaiainvkdue ant all accrued interest, Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of housing and Urban Development or his or her designee. (C) Payment of Casts and Expenses If Lender has required immediate payment in full, as described above, Lender may 'require Borrower to pay coils and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by -applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. 'Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. 121x8/20G9(Sea1) iNL2Ct 12/O8/2009 Mal) - WITHOUT RECOURSE Pay To the Order of Bank of America, NA -Borrower Barbara A. Stains -Borrower (Seal) -Borrower WIC _.G LOANS, INC -Borrower THERESA AOODBEEN CAPTURF IVlAISIAGFR VMP ®-1 RUE'AJ (0707) (Seal) -Dorrowor PAY TO THE ORDER OF y,i b - .; Rti ICING Lie wITNOUT RECOURSE BANK OF AMERICA, N.A. BY (8ea1) -Borrower (Seal) -Dower �►1, • MICHELE, 3C ANDER (.e4) Aorrower Pago 2 of 2 1111EMS1111111111111111 ' Pay To The Order Of WITHOUT RECOURSE LAICEVIEW LOAN SERVICING LLC BY: 941 • Julio Aldecocea, Vice President et: • •"‘f•" 121 .,- REQ BY MLM KEVIN W STAINS BARBARA A STAINS 609 BROOKHAVEN RD NEW CUMBERLAND LOAN NUMBER: ******************************************************************************* CURRENT ACCOUNT INFORMATION DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 06-01-13 1,210.98 863.71 4.87500 154,509..84 1,118.73- 0.00 0.00000 0.00 ******************************************************************************* TOMER ACCOUNT ACTIVITY STATEMENT DATE 02/21/14 PAGE 1 PA 17070 BELOW IS THE ACCOUNT ACTIVITY STATEMENT YOU RECENTLY REQUESTED. PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT 1-800-724-2224 IF YOU HAVE ANY. QUESTIONS REGARDING THIS STATEMENT OR VISIT OUR WEBSITE AT WWW.MTB.COM. 2ND MORTGAGE: PROCESS DUE DATE DATE ACTIVITY FOR PERIOD 01/01/11 - 12/31/14 TRANSACTION TRANSACTION CODE. DESCRIPTION EFFECTIVE DATE OF TRANSACTION TRANSACTION PRIN.. PAID/ ESCROW PAID/ OTHER AMOUNT BALANCE I.NTEREST BALANCE AMOUNT CODE/DESCRIPTION 02-18-14 06-13 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 02-04-14 06-13 161 ESCROW ADVANCE 68.12 0.00 0.00 68.12 a _ U 1 Nr- ._._. �2��'.:.¢4:'--G�1--i=5-....3�.0_:_._.j�;u-.R-TC"-:E:`1=SLr'T.�..:,�=��iS6U!?=SEMiN-T- 68.12- 0.00 0.00 68.12- 1118.73- NEW PRINCIPAL/ESCROW BALANCES 01-28-14 00-00 631 PROPERTY PRESERVATION 14.00 0.00 0.00 0.00 01-16-14 06-13 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 47.95-1 LATE CHARGE 01-06-14 00-00 631 PROPERTY PRESERVATION 14.00 0.00 0.00 0.00 01-03-14 06-13 161 ESCROW ADVANCE 69.44 0.00 0.00 69.44 01-03-14 01-14 310 MORTGAGE INSURANCE DISBURSEMENT 69.44- o.od 0.00 69.44- 1050.61- NEW PRINCIPAL/ESCROW BALANCES 12-16-13 06-13 152 ATE CHARGE ASSESSMENT 0.00 0.40 0.00 0.00 48.02-1 LATE CHARGE 12-04-13 06-13 161 ESCROW ADVANCE 69.44 0. 0 0.00 69.44 12-04-13 01-14 310 ORTGAGE INSURANCE DISBURSEMENT 69.44- 0. 0 0.00 69.44- 981.17- NEW PRINCIPAL/ESCROW BALANCES 47.95-1 LATE CHARGE REQ BY MLM STOMER ACCOUNT ACTIVITY STATEMENT DATE 02/21/14 PAGE 2 KEVIN W STAINS LOAN NUMBER: IMMOMMIMMIO ACTIVITY FOR PERIOD 01/01/11 - 12/31/14 TRANSACTION • TRANSACTION EFFECTIVE DATE CODE DESCRIPTION OF TRANSACTION • PROCESS DATE OUE DATE TRANSACTION AMOUNT PRIN. 1:410/ ESCROW PAID/. OTHER BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 11-18-13 06-13 0.00 11-04-13 06-13 69.44 11-04-13 01-14 69.44- 10-.16-13 06-13 0.00 10-04-13 06-13 69.44 10-04-13 01-14 69.44- 09-16-13 06-13 0.00 09-04-13 06-13 69.44 09-04-13 01-14 152 ILATE CHARGE ASSESSMENT 0.00 0.00 0.00 48.02-1 LATE CHARGE 161 ESCROW ADVANCE 0.00 0.00 69.44 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 69.44- 911.73- NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 48.44-1 LATE CHARGE 161 ESCROW ADVANCE 0.00 0.00 69.44 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 69.44- 842.29- NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 48.44-1 LATE CHARGE 161 ESCROW ADVANCE 0.00 0.00 69.44 310 MORTGAGE INSURANCE DISBURSEMENT 772.85- NEW PRINCIPAL/ESCROW BALANCES 09-03-13 06-13 186 2,505.02 0.00 2,505.02 0.00 6 09-03-13 06-13 186 154,509.84 154,509.84 0.00 0.00 6 154,509.84 NEW PRINCIPAL/ESCROW BALANCES 08-09-13 06-13 703.41 08-09-13 00-00 15.00 08-09-13 00-00 15.00 08-09-13 00-00 15.00 161 ESCROW ADVANCE 0.00 0.00 703.41 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0. 0 0.00 0.00 Payment History Search Page 1 of 4 http://lsdistrapp.mandtbanl .com/APH/Default.aspx 2/21/2014 BankafAmerica History of Payments from Prior Servicer, Bank of America BOA2013 - Mosaic Old LoanINumber ;:stirtswitft; M&T LLoa Number I smiti'wnli , it Invest r L6an Number ;:snits wVh:;_ Ell 1 B r Name (Last First) I:sGirts teltti;: 1 ( Co -B er Name (Last First) starts,wdh :;g' I 1 I d '"" Prope Street Address I staii§.Y ti ; ill Tran on Dates Between I I® And I 1M Loan Details (1) Showing PaymentOrd History Fees Loan Investor Number MTB Number Numbor L Borrower COBorrower Address City Slate Zip Hist: N Fees STAINS KEVIN W STAINS BARBARA A 609 BROOKHAVEN RD NEW CUMBERLAND PA 17070 Transaction Details (113) Showing Transaction Date Transaction Due Date Buydovm Payment Amount Interest Addendum Payment Principal Pald 13'07 _9 Balance To CR Insurance To Escrow ap Bela . ,a c;;;yo BeginningLate Late Care Partial Payment ayrnemt Charge Patd Int Variance B :Ininning Vammr� Assessd Tran Escrow YPaayrimnecerrt Transaction Type SCHOOL PL4T 2013-07-31 2013-05-01 .00 -1466.65 .00 .00 .00 154509.84 .00 -1466.65 763.24 .00 -96.86 .00 .00 .00 .00 .00 .00 HAZARDTAX INS PMT 2013-07-29 2013-05-01 .00 -59.47 .00 .00 .00 154509.84 .00 -594.47 1357.71 .00 -96.86 .00 .00 .00 .00 .00 .00 ASSESSED LATE CHARGE 2013-07-16 2013-07-01 .00 43' .00 .00 .00 154509.84 .00 .00 1357.71 .00 -48.43 .00 .00 -48.43 .00 .00 .00 FHA MIP PMT 2013-07-05 2013-05-01 .00 1 -138.88 .00 .00 .00 154509.84 .00 -138.88 1496.59 .00 -48.43 .00 .00 ..00 .00 .00 .00 ASSESSED LATE CHARGE 2013-06-17 2013-06-01 .00 48 43 ! .00 .00 .00 154509.84 .00 .00 1496.59 .00 .00 .00 .00 -48.43 .00 .00 .00 FHA MIP PMT 2013-06-06 2013-05-01 .00 -69.44 .00 .00 .00 154509.84 .00 -69.44 1566.03 .00 .00 .00 .00 .00 .00 .00 .00 MSC POSTING 2013-05-28 2013-05-01 .00 -15.00 .00 .00 .00 154509.84 .00 .00 1566.03 .00 .00 -15.00 15.00 .00 .00 .00 .00 PAYMENT LAR 2013-05-242013-03-01 .00 12110.98 630.55 .00 233.16 155212.17 .00 347.27 524.22. .00 -145.29 .00 .00 .00 .00 .00 .00 MLTIN POSTING 2013-05-242013-03-01 .00 15.00 .00 .00 .00 154979.01 .00 .00 871.49 .00 -145.29 15.00 .00 .00 .00 .00 .00 TMLAR ENT 2013-05-24 2013-04-01 .00 1210.981 629.60 .00 234.11 154979.01 .00 347.27 871.49 .00 -14529 .00 15.00 .00 .00 .00 .00 2013-05-242013-05-01 .00 1210.98 628:65 .00 235.06 154744.90 _.00 347.27 1213.76 .00 -145.29 .00 15.00 .00 .00 • .00 ... .00 POSTING 2013-05-24 2013-05-01 .00 145.29 .00 .00 .00 154509.84 .00 .00 1566.03 .00 -145.29 .00 15.00 .00 .00 .00 .00 PACY�MENT 2013-05-17 2013-02-01 .00 1210.98 631.49 .00 232.22 15544439 .00 347.27 176.95 .00 -145.29 .00 .00 .00 .00 .00 .00 FHA MIP 2013-05-06 2013-01-01 .00 -69.44 .00 .00 .00 155444.39 .00 -69.44 246.39 .00 -145.29 .00 .00 .00 .00 .00 .00 ASSESSED LATE CHARGE 2013.04-16 2013-04-01 .00 48.41 .00 .00 .00 155444.39 .00 .00 246.39 .00 -96.86 .00 .00 -48.43 .00 .00 .00 FHA P PMT 2013-04-04 2013-01-01 .00 -69.44 .00 .00 .00 155444.39 .00 -69.44 315.83 .00 -96.86 .00 .00 .00 .00 .00 .00 CITY TAX PMT 2073-03-19 2013-01-01 .00 -1015.28 .00 .00 .00 15544439 .00 -1015.28 1331.11 .00 -96.86 .00 .00 .00 .00 .00 .00 ASSESSED LATE CHARGE 2013-03-18 2013-03-01 .00 48.43 .00 .00 .00 155444.39 .00 .00 1331.11 .00 -48.43 .00 .00 -48.43 .00 .00 .00 PMT�P FHALATE 2013-03-06 2013-01-01 .00 -4.44 .00 .00 .00 155444.39 .00 -69.44 1400.55 .00 -48.43 .00 .00 .00 .00 .00 .00 ASSESSED CHARGE 2013-02-19 2013-02-01 .00 .43 .00 .00 .00 15544439 .00 .00 1400.55 .00 .00 .00 .00 -48.43 .00 .00 .00 FHA MIP PMT 2013-02-06 2013-01-01 .00 6 -4.4I .00 .00 .00 15544439 .00 -69.44 14. 69.93 .00 .00 .00 . .00 .00 .00 .00 .00 LAR PPR YM 2013-01-312013-01-01 .00 1326.12 632.43 .00 231.28 155675.67 .00 347.27 1122.72 48.44 -66.70 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2013-01-07 2012-12-01 .00 1 -73.69 .00 .00 .00 155675.67 .00 -70.69 1193.41 .00 -66.70 .00 .00 .00 .00 .00 .00 MLSC POSTING 2012-12-112012-08-01 .00 1 -53.27 .00 .00 .00 156591.46 .00 .00 -44.86 .00 -92.86 -50.27 50.27 .00 .00 .00 .00 REGULAR ENT 2012-12-11 201.2-09-01 .00 1160.11 636.15 .00 227.56 156591.46 .00 297.00 -94.86 .00 -92.86 .00 .00 -46.43 .00 .00 .00 REGULAR PAYMENT 2012-12-11 2012-10-01 .00 1160.1 635.23 .00 228.48 156363.90 .00 297.00 252.14 .00 -13929 .00 .00 -46.43 .00 .00 .00 REGULAR http://lsdistrapp.mandtbanl .com/APH/Default.aspx 2/21/2014 Payment History Search Page 2 of 4 PAYMENT 2012-12-11 2012-11-01 .00 116.71634.30 .00 229.41 156135.42 .00 297.00 549.14 .00 -185.72 .00 .00 -46.43 .00 .00 .00 TME 2012-12-11 2012-12-01 .00 1376.431633.37 111111 .00 230.34 155906.01 .00 347.27 846.14 .00 -232.15 .00 .00 .00 .00 .00 .00 MIPFHA PMTPAYMENT 2012-12-06 2012-08-01 .00 -70.69 .00 .00 .00 156591.46 .00 -70.69 25.83 .00 -92.86 .00' 50.27 .00 .00 .00 .00 2012-12-03 2012-08-01 .00 121C.981637.07 .00 226.64 156818.10 .00 ' 297.00 -271.17 .00 -46.43 50.27 .00 -46.43 .00 .00 .00 FHA MIP PMT 2012-11-06 2012-07-01 .00 -70.69 1 .00 .00 .00 156818.10 .00 -70.69 -200.48 .00 -46.43 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2012-10.04 2012-07-01 .00 -70 691 .00 .00 .00 156818.10 .00 -70.69 -129.79 .00 -46.43 .00 .00 .00 .00 .00 .00 FHA MIP PMTSCH 2012-09-07 2012-07-01 .00 -70 69) .00 .00 .00 156818.10 .00 -70.69 -59.10 .00 -46.43 .00 .00 .00 .00 .00 .00 P�MLf 2012-08-10 2012-07-01 .00 I -1451.09 .00 .00 .00 156818.10 .00 -1451.09 1391.99 .00 -46.43 .00 .00 .00 .00 .00 .00 MIPTAXFHA 2012-08-07 2012-07-01 .00 -70 69 I .00 .00 .00 156818.10 .00 -70.69 1462.68 .00 -46.43 .00 .00 .00 .00 .00 .00 PAYMENTPMT REGULAR 2012-07-31 2012-07-01 .00 1252.85637.99 .00 225.72 157043.82 .00 297.00 1165.68 46.43 -92.14 .00 .00 .00 .00 .00 .00 KS INPMT2012-07-30 2012-06-01 .00 -562.66 .00 .00 .00 157043.82 .00 -562.66 1728.34 .00 -92.14 .00 .00 .00 .00 .00 .00 FHAPhONf P 2012-07-062012-06-01 .00 p-7069 .00 .00 .00 157043.82 .00 -70.69 1799.03 .00 -92.14 .00 92.14 .00 .00 .00 .00 MISC POSTING 2012-07-06 2012-06-01 .00 -92 14. .00 .00 .00 157043.82 .00 .00 1728.34 .00 -92.14 -92.14 92.14 .00 .00 .00 .00 REGULAR PAYMENT 2012-07-02 2012-06-01 .00 1299.28 638.90 .00 224.81 157268.63 .00 297.00 1502.03 46.43 -92.14 92.14 .00 .00 .00 .00 .00 MLSCDaC CREF 2012.06-15 2012-05-01 .00 71111 .00 .00 .00 157268.63 .00 71.11 1430.92 .00 -92.14 .00 .00 .00 .00 .00 .00 MIP PMT 2012-06-06 2012-05-01 .00 -70 69 .00 .00 .00 157268.63 .00 -70.69 1501.61 .00 -92.14 .00 .00 .00 .00 .00 .00 REGULAR MET 2012-05-31 2012-04-01 .00 11610.71 640.72 .00 222.99 157715.52 .00 297.00 907.61 .00 .00 .00 .00 -46.43 .00 .00 .00 PAYMENT 2012-05-312012-05-01 .00 1161.43 639.81 .00 223.90 157492.53 .00 297.00 1204.61 .72 -46.43 .00 .00 -45.71 .00 .00 .00 F MIP PMT 2012-05-042012-03-01 .00 -70 69' .00 .00 .00 157715.52 .00 -70.69 97830 .00 .00 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2012-04-05 2012-03-01 .00 -70 69 i .00 .00 .00 157715.52 .00 -70.69 1048.99 .00 .00 .00 .00 .00 .00 .00 .00 QTY TAX PMT 2012-03-23 2012-03-01 .00 -977.63 .00 .00 .00 157715.52 .00 -977.63 2026.62 .00 .00 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2012-03-06 2012-02-01 .00 -70169' .00 .00 .00 157937.61 .00 -70.69 1800.31 .00 -188.24 .00 .00 .00 .00 .00 .00 REGULAR PAYMENT 2012-03-06 2012-03-01 .00 1348.95 641.62 .00 222.09 157937.61 .D0 297.00 1729.62 .00 -188.24 .00 .00 .00 .00 .00 .00 MLSC' POSTING 2012-03-02 2012-02-01 .00 -4495 .00 .00 .00 157937.61 .00 .00 1800.31 .00 -188.24 -48.95 48.95 .00 .00 .00 .00 Mme' POSTING 2012-03-012012-01-01 .00 -120.14 .00 .00 .00 158158.80 .00 .00 1503.31 .00 -18824 -1207.14 1256.09 .00 .00 .00 .00 PAYMEL T 2012-03-01 2012-02-01 .00 . 1207.14 642.52 .. .. .00 221.19 158158.80 .00 . 297.00 1503.31 46.43 -188.24 r .00.00 48.95 .00 .00 .00 M1S ' POSTING 2012-02-29 2012-01-01 .00 1052.85 .00 .00 .00 158158.80 .00 .00 150331 .00 -188.24 1052.85 203.24 .00 .00 .00 .00 TMENTLAR 2012-02-27 2011-12-01 .00 1160.71 644.31 .00 219.40 158598.49 .00 297.00 909.31 .00 -141.81 .00 .00 -46.43 .00 .00 .00 PAYMENT 2012-02-27 2012-01-01 .00 141.38 643.42 .00 220.29 158379.09 .00 297.00 1206.31 46.43 -188.24 203.24 .00 .00 .00 .00 .00 FHA MIP PMT 2012-02-06 2011-11-01 .00 -7469 .00 .00 .00 158598.49 .00 -70.69 980.00 .00 -141.81 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2012-01-06 2011-11-01 .00 -7 .00 .00 .00 .00 158598.49 .00 -71.88 1051.88 .00 -141.81 .00 ' .00 .00 .00 .00 .00 TM2011-12-19 2011-11-01 .00 1181.80 645.19 .00 218.52 158817.01 .00 318.09 733.79 .00 -94.54 .00 .00 -47.27 .00 .00 .00 MIPPAENT FHA PMTREFUND 2011-12-06 2011-10-01 .00 -71I.88j .00 .00 .00 158817.01 .00 -71.88 805.67 .00 -94.54 .00 .00 .00 .00 .00 .00 2011-11-10 2011-10-01 .00 -741OVERAGE 1 .00 .00 .00 158817.01 .00 -71.11 876.78 .00 -94.54 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2011-11-042011-10.01 .00 71.88, .00 .00 .00 158817.01 .00 -71.88 948.66 .00 -94.54 .00 .00 .00 .00 .00 .00 AOY�MEI4T 2011-10-27 2011-08-01 .00 118 .80 647.84 .00 215.87 159467.26 .00 318.09 -5.61 .00 -141.81 .00 .00 -47.27 .00 .00 .00 PAY�MEt4T 2011-10-27 2011-09-01 .00 1181.80 646.96 .00 216.75 15925139 .00 318.09 312.48 .00 -189.08 .00 .00 -4727 .00 .00 .00 REGULAR PAYMENT 2011-10-27 2011-10-01 .00 1181.80 646.08 .00 217.63 159034.64 .00 318.09 630.57 .00 -23635 .00 .00 .00 .00 .00 .00 POSTING 2011-10-27 2011-10-01 .00 14:.81 .00 .00 .00 158817.01 .00 .00 948.66 .00 -236.35 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2011-10-06 2011-07-01 .00 -7.881 .00 .00 .00 159467.26 .00 -71.88 66.27 .00 -141.81 .00 .00 .00 .00 .00 .00 PA MENf LAR 2011-10-04 2011-07-01 .00 1229.07 648.71 .00 215.00 159682.26 .00 318.09 -251.82 47.27 -141.81 .00 .00 .00 .00 .00 .00 FHA P PMT 2011-09.07 2011-06-01 .00 -711.881 .00 .00 .00 15968226 ' .00 -71.88 -179.94 .00 -141.81 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2011-08-04 2011-06-01 .00 -72.88 .00 .00 .00 159682.26 .00 -71.88 -108.06 .00 -141.81 .00 .00 .00 .00 .00 .00 http://lsdistrapp.mandtbank.com/APH/Default.aspx 2/21/2014 Payment History Search Page 3 of 4 HAZARD INS PMT 2011-07-26 2011-06-01 .00 -48444. .00 .00 .00 15968226 .00 -486.44 37838 .00 -141.81 .00 .00 .00 .00 .00 .00 SCHOOL2011-07-212011-06-01 TAX PMT .00 -140 .78 .00 .00 .00 159682.26 .00 -1401.78 1780.16 .00 -141.81 .00 .00 .00 .00 .00 .00 PAYMENT2011-07-18 2011-06-01 .00 1181.80 649.58 .00 214.13 159896.39 .00 318.09 1462.07 .00 -94.54 .00 .00 -47.27 .00 .00 .00 FHA MIP PMT 2011-07-07 2011-05-01 .00 -71.88 .00 .00 .00 159896.39 .00 -71.88 1533.95 .00 -94.54 .00 .00 .00 .00 .00 .00 PA MENi' LAR 2011-06-09 2011-05-01 .00 1188.80 650.45 .00 213.26 160109.65 .00 318.09 1215.86 .00 -47.27 .00 .00 -47.27 .00 .00 .00 FHA MIP PMT 2011-06-062011-04-01 .00 -711881 .00 .00 .00 160109.65 .00 -71.88 1287.74 .00 -47.27 .00 .00 .00 .00 .00 .00 ELAR PPAYMENT 2011-05-23 2011-04-01 .00 118.80 65131 .00 212.40 160322.05 .00 318.09 969.65 .00 .00 .00 .00 -47.27 .00 .00 .00 FHA MIP 2011-05-05 2011-03-01 .00 -71.88 i .00 .00 .00 160322.05 .00 -71.88 1041.53 .00 .00 .00 .00 .00 .00 .00 .00 RPMTM 2011-04-062011-03-01 .00 -7188 I .00 .00 .00 160322.05 .00 -71.88 1113.41 .00 .00 .00 .00 .00 .00 .00 .00 PEEGULNT R 2011-03-31 2011-03-01 .00' 1229.07 652.17 .00 211.54 160533.59 .00 318.09 79532 47.27 .00 .00 .00 .00 .00 .00 .00 PMT 2011-03-22 2011-02-01 .00 -813.19 .00 .00 .00 160533.59 .00 -813.19 1608.51 .00 .00 .00 .00 .00 .00 .00 .00 FHA P PMT 2011-03-04 2011-02-01 .00 -7188 ' .00 .00 .00 160533.59 .00 -71.88 168039 .00 .00 .00 .00 .00 .00 .00 .00 REGULAR PAYMENT 2011-02-282011-02-01 .00 1229.07.653.02 .00 210.69 160744.28 .00 318.09 136230 47.27 .00 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2011-02-04 2011-01-01 .00 -7188 ! .00 .00 .00 160744.28 .00 -71.88 1434.18 .00 .00 .00 .00 .00 .00 . .00 .00 PSA REGULAR 2011-01-312011-01-01 .00 1229.07 653.88 .00 209.83 160954.11 .00 318.09 1116.09 47.27 .00 .00 .00 .00 .00 .00 .00 FHA P 2011-01-06 2010-12-01 .00 -73 01 ' .00 .00 .00 160954.11 .00 -73.01 1189.10 .00 .00 .00 .00 .00 .00 .00 .00 P GULAR 2010-12-24 2010-12-01 .00 1229.07, 654.73 .00 208.98 161163.09 .00 318.09 871.01 47.27 .00 .00 .00 .00 :00 .00 .00 FHA MIP PMT 2010-12-06 2010-11-01 .00 -73 01 ' .00 .00 .00 161163.09 .00 -73.01 944.02 .00 .00 .00 .00 .00 .00 .00 .00 REGULAR PAYMENT 2010-11-26 2010-11-01 .00 1245.94 655.57 ' .00 208.14 161371.23 .00 289.93 654.09 46.15 -46.15 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2010-11-04 2010-10-01 .00 -73 01 : .00 .00 .00 161371.23 .00 -73.01 727.10 .00 -46.15 .00 .00 .00 .00 .00 .00 REGULAR AYM NT 2010-10-22 2010-08-01 .00 1153.64; 658.09 .00 205.62 161990.61 .00 289.93 -142.69 .00 .00 .00 .00 -46.15 .00 .00 .00 A GULAR 2010-10-22 2010-09-01 .00 1153.64 657.25 .00 206.46 161784.99 .00 289.93 147.24 .00 -46.15 .00 .00 -46.15 .00 .00 .00 REGULAR 2010-10-22 2010-10-01 -.00 1245.94 656.41 .00 207.30 161578.53 .00 289.93 437.17 46.15 -9230 .00 .00 .00 .00 .00 .00 FHA P PMT 2010-10-06 2010-07-01 .00 -73 01' .00 .00 .00 161990.61 .00 -73.01 -69.68 .00 .00 .00 .00 .00 .00 .00 .00 IPMTFtD 2010-09-22 2010-07-01 .00 -476.79, .00 .00 .00 161990.61 .00 -476.79 407.11 .00 .00 .00 .00 .00 .00 .00 .00 FHA MIP2010-09-07 PMi ' 2010-07-01 :..00": " -73 01 ': •.. • .00.' " 00 . . n0.. 151990.61 ..00 . - 73:01..48012.':.00 .::.:00 .00 • .00 .:00 00- :OD. " :m - SCHTAX P�MLT 2010-08-23 2010-07-01 .00 -1403.78 .00 .00 .00 161990.61 .00 -1403.78 1883.90 .00 .00 .00 .00 .00 .00 .00 .00 FHA P PMT 2010.08-05 2010-07-01 .00 -73101; .00 .00 .00 161990.61 .00 -73.01 1956.91 .00 .00 .00 .00 .00 .00 .00 .00 LAR PAYMENT 2010-07-292010-07-01 .00 1245.94 658.92 .00 204.79 162195.40 .00 289.93 1666.98 46.15 -46.15 .00 .00 .00 .00 .00 .00 MIPFHA PMT 2010-07-07 2010-06-01 .00 -73 01 .00 .00 .00 162195.40 .00 -73.01 1739.99 .00 -46.15 .00 .00 .00 .00 .00 .00 REGULAR PAYMENT2010-06-22 2010-06-01 .00 1153.64 659.75 .00 203.96 162399.36 .00 289.93 1450.06 .00 .00 .00 .00 -46.15 .00 .00 .00 F PMTS 2010-06-04 2010-05-01 .00 -73 01; .00 .00 .00 16239936 .00 -73.01 1523.07 .00 .00 .00 .00 .00 .00 .00 .00 PSA M NY 2010-05-24 2010-05-01 .00 1199.79 660.57 .00 203.14 162602.50 .00 289.93 1233.14 46.15 .00 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2010-05-06 2010-04-01 .00 -73 01 .00 .00 .00 162602.50 .00 -73.01 1306.15 .00 .00 .00 .00 .00 .00 .00 .00 aTYt'4X PPRA 2010-04-21 2010-04-01 .00 .04 .00 .00 .00 162602.50 .00 -863.09 2169.24 .00 .00 .00 .00 .00 .00 .00 .00 MINT 2010-04-14 2010-04-01 .00 11 .64 66139 .00 20232 162804.82 .00 289.93 1879.31 .00 .00 .00 .00 .00 .00 .00 .00 FHA MIP PMT 2010-04-06 2010-03-01 .00 -7301 .00 .00 .00 162804.82 .00 -73.01 1952.32 .00 .00 .00 -00 .00 .00 .00 .00 P REGUENT 2010-03-112010-03-01 .00 11 -79 662.21 30 201.50 16300632 .00 289.93 1662.39 .00 -4625 .00 .00 .00 .00 .00 .00 F MP PMT 2010-03-04 2010-02-01 .00 -73 01 AO .00 .00 16300632 .00 -73.01 1735.40 .00 -46.15 30 .00 .00 .00 - .00 .00 TRANSFER 2010-02-25 2010-02-01 .00 -.1 1 .00 .00 -.01 16300632. .00 .00 1735.40 .00 -46.15 .00 30 .00 .00 .00 .00 TRANSFER 2010-02-25 2010-02-01 30 .01 .00 .00 .01 16300633 .00 .00 1735.40 .00 -46.15 .00 .00 .00 .00 .00 .00 LAR PRAME7 i'T 2010-02-17 2010-02-01 .00 115.64 663.03 .00 200.68 163207.00 .00 289.93 1445.47 .00 .00 .00 .00 -46.15 .00 .00 .00 FHA P PMT 2010-02.04 2010-01-01 .00 -73.01 .00 .00 .00 163207.00 .D0 -73.01 1518.48 .00 .00 .00 .00 .00 .00 .00 .00 INITIAL http://lsdistrapp.mandtbank.com/APH/Default.aspx 2/21/2014 Payment History Search TAX DEP 12009-12-2812010-01-011 .00 12 nate 151•.481 .00 1 .00 I .00 1163207.001 .00 11518.481 .00 1 .00 1 .00 e_r_121,12 C o1 t0i 2013 Page 4 of 4 .00 I .00 I .00 I .00 1 .00 1 .00 I http://lsdistrapp.mandtb. . com/APH/Default.aspx 2/21/2014 KML Law Group, P.C. Suite 5000 — BNY Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 LAKEVIEW LOAN SERVICING, LLC BARBARA A. STAINS and KEVIN W. STAINS vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CERTIFICATE OF SERVICE NO. 14-264CIVIL I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers were served by first class mail, postage pre -paid upon the following on the date listed below: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Attorney for Defendants Antoni eceiro Litigation Paralegal Date: May 30, 2014 KML Law Group, P.C. BY: JILL P. JENKINS, ESQUIRE Attorney I.D. #306588 Suite 5000 - BNY Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 • ,.. �� � I," (" AVL AN -5 Flt 2: 09 CUMBERLAND COUNTY PEN N S Y L VA NI A ATTORNEY FOR PLAINTIFF LAKEVIEW LOAN SERVICING, LLC vs. BARBARA A. STAINS and KEVIN W. STAINS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 14-264CIVIL PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA. 17013 (b) for defendant: (Name and Address) 0 ja4 slq 71110,, 12µ ?,OUS 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: LAKEVIEW LOAN SERVICING, LLC vs.BARBARA A. STAINS and KEVIN W. STAINS June 27, 2014 Date: May 30, 2014 Jill P. Jenkins, Esquire Print your name LAKEVIEW LOAN SERVICING, LLC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA A. STAINS AND KEVIN W. STAINS : NO. 14-264 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, J., EBERT, J., AND PECK, J. ORDER OF COURT AND NOW, this 27th day of June, 2014, upon consideration of the Plaintiff's Motion for Summary Judgment, the Plaintiff's memorandum of law in support of the motion, and the Court noting that the Defendants have filed no response to the Motion, no brief, and did not appear for oral argument, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion is GRANTED; and that Summary Judgment in Mortgage Foreclosure is hereby GRANTED in favor of the Plaintiff and against the Defendants, with damages assessed in the amount of $165,541.22 together with interest from April 2, 2014, to the date of the Sheriff Sale, and for foreclosure and sale of the mortgaged premises. By the Court, Jill P. Jenkins, Esquire Attorney for Plaintiff ✓ William L. Adler, Esquire Attorney for Defendants bas Ies ieyLEct oz V �'i CF;,‘ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY cv to LAKEVIEW LOAN SERVICING, LLC 4425.Ponce De Leon Blvd. Mailstop MS5/251 Coral Gables, FL 33146 vs. BARBARA A. STAINS KEVIN W. STAINS (Mortgagor(s) and Record Owner(s)) 609 Brookhaven Road New Cumberland, PA 17070 Plaintiff Defendant(s) PRAECIPE FOR JUDGMENT No. 14-264CIV1L THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL -BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against BARBARA A. STAINS and KEVIN W. STAINS`in accordance with the summary judgment order dated'6/27/14. Assess damages as follows: Debt Monthly Interest - 05/01/2013 to 04/01/2014 Total $165,541.22 (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR' SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM :CERTAIN FROM THE COMPLAINT. By: 1 .. / KML LAW GROUP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein'Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa: ID 306588 Andrew F. Gornall Pa. ID 92382 Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 t% Attorneys forPlaintiff AND NOW J �' t "o t7 , Judgment is entered in favor of LAKEVIEW LOAN SERVICING, LL and against BARBARA A. STAINS and KEVINST S in accordance with the summary judgment order dated 6/27/14and damages assessed in the sum of $165,541 as per ; e abovs' rtification. Prothono aux s .so -ea a Ckkk 111b2c.S `12.k4 30si083 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAKEVIEW LOAN SERVICING, LLC Plaintiff vs. BARBARA A. STAINS KEVIN W. STAINS Defendant(s) NO. 14-264CIVIL VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): BARBARA A. STAINS, has a last known residence of c/o WILLIAM L. ADLER, ESQUIRE, 4949 Devonshire Road, Harrisburg, PA 17109. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date r By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 5612 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa: ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of : Jul -02-2014 10:31:57 AM SCRA 3.0 Status Report Pursuant to Servs cemembe s Civil Relief Act Last Name: STAINS First Name: BARBARA Middle Name: A. Active Duty Status As Of: Jul -02-2014 On Active Duty On Active Duty Status Date 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 This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisiHer Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or hisfher 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. 41°1A - Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 8BC41600R09DD40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAKEVIEW LOAN SERVICING, LLC Plaintiff vs. BARBARA A. STAINS KEVIN W. STAINS Defendant(s) NO. 14-264CIVIL VERIFICATION OF NON-MILITARY SERVICE UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED 1. The undersigned attorney with KML Law Group, P.C., as the representative for the Plaintiff in the above entitled matter, does hereby state to the best of his/her information and belief, as follows: 2. That an inquiry has been made with the Defense Manpower Data Center ("DMDC") website operated by the United States Department of Defense (https://www.dmdc.osd.mil/appj/scra/scraHome.do) for the following individual(s): KEVIN W. STAINS, has a last known residence of do WILLIAM L. ADLER, ESQUIRE, 4949 Devonshire Road, Harrisburg, PA 17109. The following information was used to search the DMDC (check all that apply): X Last Name X First Name X Social Security Number 3. The DMDC search results, .a copy of which is attached, states that based on the information provided, the DMDC does not possess any information indicating that the individual is on active duty or has been on active duty within the last 367 days. The undersigned understands that the statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date i By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 56 i 9 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jay Kivitz Pa. ID 26769 Andrew Gornall Pa. ID 92382 Joshua I. Goldman Pa. ID 205047 )( Salvatore Filippello Pa. ID 313897 Jill P. Jenkins Pa. ID 306588 Alyk L. Oflazian Pa. ID 312912 Jennifer Lynn Frechie Pa. ID 316160 Attorneys for Plaintiff Department of Defense Manpower Data Center Results as of : Jul -02-2014 10:33:11 AM SCRA 3.0 Status Report Pursuant to Sery cemlembers Civil Relief Act Last Name: STAINS First Name: KEVIN Middle Name: W. Active Duty Status As Of: Jul -02-2014 On Active Duty On Active Duty Status Date 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 This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 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/PCO9SLDR.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(0 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: 5BL5H680Y09DZ60 KML LAW GROUP, P.C. Suite 5000 — BNY Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd. Mailstop MS5/251 Coral Gables, FL 33146 vs. BARBARA A. STAINS KEVIN W. STAINS (Mortgagor(s) and Record owner(s)) 609 Brookhaven Road New Cumberland, PA 17070 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 14-264CIVIL ORDER FOR JUDGMENT Please enter Judgment in favor of LAKEVIEW LOAN SERVICING, LLC, and against BARBARA A. STAINS and KEVIN W. STAINS in accordance with the summary judgme or da ed 6/27/14, i the sum o $165,541.22. By: KML LAW GROUP, P.C. Michael McKeever Pa. ID 56 _Jay E. Kivitz Pa. ID 26769 _Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 _David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Andrew F. Gomall Pa. ID 92382 _Salvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is LAKEVIEW LOAN SERVICING, LLC 4425 Ponce De Leon Blvd. Mailstop MS5/251 Coral Gables, FL 33146 and that the name(s) and last known address(es) of the Defendant(s) is/are BARBARA A. STAINS, do WILLIAM L. ADLER, ESQUIRE 4949 Devonshire Road Harrisburg, PA 17109 and KEVIN W. STAINS, do WILLIAM L. ADLER, ESQUIRE 4949 Devonshire Road Harrisburg, PA 17109; By: i LAW GR • UP, P.C. Michael McKeever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Andrew F. Gomall Pa. ID 92382 alvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Monthly Interest from 05/01/2013 through 04/01/2014 $154,509.84 $6,904.70 Reasonable Attorney's Fee. $1,855.00 Late Charges $433.63 Costs of Suit and Title Search $416.96 Escrow $1,186.85 Property Inspections $98.00 Pro Rata MIP $136.24 AND NOW, this ( day of 14-264CIV IL/ 127320FC By: $165,541.22 _A At A KML LAW GROUP, P.C. Michael McKeever Pa. ID 5612 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Jill P. Jenkins Pa. ID 306588 Andrew F. Gomall Pa. ID 92382 alvatore Filippello Pa. ID 313897 Alyk L. Oflazian Pa. ID 312912 Attorneys for Plaintiff , 2014 damages are assessed as above. e\ Pro,Prothy LAKEVIEW LOAN SERVICING, LLC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA A. STAINS AND KEVIN W. STAINS : NO. 14-264 CIVIL IN RE: PLAINTIFFS MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, J., EBERT, J., AND PECK, J. ORDER OF COURT AND NOW, this 27th day of June, 2014, upon consideration of the Plaintiffs Motion for Summary Judgment, the Plaintiffs memorandum of law in support of the motion, and the Court noting that the Defendants have filed no response to the Motion, no brief, and did not appear for oral argument, V IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion is GRANTED; and that Summary Judgment in Mortgage Foreclosure is hereby GRANTED in favor of the Plaintiff and against the Defendants, with damages assessed in the amount of $165,541.22 together with interest from April 2, 2014, to the date of the Sheriff Sale, and for foreclosure and sale of the mortgaged premises. By the Court, Jill P. Jenkins, Esquire Attorney for Plaintiff William L. Adler, Esquire Attorney for Defendants bas