HomeMy WebLinkAbout14-1763 Court of Common Pleas
Civil Cover Sheet For Prothonotary Use Only:
Docket No:
Cumberland County ✓
The information collected on this form is used solely for court administration purposes. This form does not
su Eplement or replace the filing and service ofpleadings or other pypers as required by 1a141 or rules of court.
Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E Lead Plaintiff's Name: Bank of America, N.A., Lead Defendant's Name: Carol E. Burkett, as the
C successor by merger to BAC Home Loans Servicing, Executrix for the Estate of Gary L. Burkett,
T LP f /k/a Countrywide Home Loans Servicing, LP Deceased
I Dollar Amount Requested: within arbitration limits
Are money damages requested ?: ❑ Yes ® No (Check one) ) ®outside arbitration limits
N Is this a Class Action Suit? ❑ Yes
® No Is this an MDJ Appeal? ❑ Yes ® No
A Name of Plaintiff/Appellant's Attorney: Christopher A. DeNardo, Esquire
❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant)
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
S ❑ Product Liability (does not ❑ Employment Dispute:
include mass tort) Discrimination
E ❑ Slander /Libel /Defamation f^
❑Employment Dispute: Other E] Zoning Board
C ❑ Other:
'I' ❑ Other:
I ❑ Other:
0 MASS TORT
N ❑ Asbestos
❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
B
El Toxic Waste ❑ Ejectment E] Common Law /Statutory Arbitration
❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑ Legal ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
Updated 1/1/2011
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 `'' " ��� Ti
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150 COW TT
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278 -6800
S & D FILE NO. 14- 045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f /k/a CIVIL DIVISION
Countrywide Home Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF ul U
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
2 Apache Drive
Shippensburg, PA 17257
DEFENDANT
COMPLAINT - CIVIL ACTION
MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE
FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU
ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED. WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
S
C
(U 4 '6 1 b-� � p of
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717- 249 -3166
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT YOU ARE ADVISED THAT THIS LAW
FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA
ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU
PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA
MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O
NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA
PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717- 249 -3166
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278 -6800
S & D FILE NO. 14- 045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f /k/a CIVIL DIVISION
Countrywide Home Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF
NO:
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased ;
2 Apache Drive
Shippensburg, PA 17257
DEFENDANT
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, Bank of America, N.A., successor by merger to BAC Home Loans Servicing,
LP f /k/a Countrywide Home Loans Servicing, LP, the address of which is, 400 Countrywide
Way, Simi Valley, California 93065 -6298, brings this action of mortgage foreclosure upon the
following cause of action:
1. (a) Parties to Mortgage
Mortgagee Mortgage Electronic Registration Systems, Inc., as nominee for
Security Atlantic Mortgage Co., Inc., its successors and assigns
Mortgagor(s) Gary L. Burkett
(b) Date of Mortgage April 2, 2008
(c) Place and Date of Record of Mortp-a2e
Recorder of Deeds
Cumberland County Document ID# 200814393
Date: May 2, 2008
The Mortgage is a matter of public record and is incorporated herein as provided
by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached
hereto and marked as Exhibit "A" and incorporated herein by reference.
(d) Assignments
Assignor: Mortgage Electronic Registration Systems, Inc.
Assignee: Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP f /k/a Countrywide Home Loans Servicing, LP
Date of Assignment: November 28, 2011
Recording Date: December 5, 2011
Instrument No.: 201133717
The Assignment(s) is /are a matter a matter of public record and are therefore
incorporated herein as provided by Pa. R.C.P. No. 1019(g).
2. Plaintiff is either the original Mortgagee named in the Mortgage, the legal successor in
interest to the original Mortgagee, or is the present holder of the mortgage by operation of
law.
3. The real property that is subject to the Mortgage is generally known as 132 North Penn
Street, Shippensburg, PA 17257 and is more specifically described as attached as part of
Exhibit "A ".
4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by
the Mortgage (the "Promissory Note "). The Plaintiff, directly or through an agent, has
possession of the Promissory Note. The Promissory Note is either made payable to the
Plaintiff or has been duly endorsed. A true and correct copy of the Promissory Note is
attached and marked as Exhibit "B ".
5. The names and mailing addresses of the Defendants are: Carol E. Burkett, as the
Executrix for the Estate of Gary L..Burkett, Deceased, 2 Apache Drive, Shippensburg,
PA 17257.
6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. Gary L.
Burkett passed away on or about November 5, 2011, thereby vesting title of the
mortgaged property unto Carol E. Burkett, as the Executrix for the Estate of Gary L.
Burkett, Deceased.
7. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as of March 1,
2012 and have not been paid, and upon failure to make such payments when due, the
whole of the principal, together with charges specifically itemized below are immediately
due and payable.
8. The following amounts are due as of February 28, 2014:
Principal Balance Due $87,572.52
Interest Currently Due and Owing at 5.5% $10,034.25
From February 1, 2012 through February 28, 2014
Late Charges $428.88
Escrow Advances $4,505.46
Property Inspection $2,827.15
Property Preservation $280.11
TOTAL $105,648.37
9. Interest continues to accrue for each month that the debt remains unpaid, and Plaintiff
may incur other expenses, costs and charges collectible under the Note and Mortgage.
10. In addition to the above amounts, reasonably incurred attorney's fees and costs as well as
proof of title in conformity with the mortgage documents and Pennsylvania law, shall be
sought by Plaintiff and included in any request for judgment.
11. Notice of Intention to Foreclose with the information required pursuant to 41 P.S. § 403
commonly known as Act 6 and demand for payment was sent to each individual Defendant
by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C ".
12. The Mortgage is insured by the Federal Housing Administration under Title 11 of the
National Housing Act (12 U.S.C. § 1707- 1715z -18). Accordingly, the Homeowners'
Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in
favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together
with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note
and Mortgage and for the foreclosure and sale of the mortgaged premises.
SHAPIRO & DeNARDO, LLC
Date: m
BY:
AttOPeys s for Plainti
CAITLIN A DONNELLY, ES RE
S & D File No. 14- 045170 t
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Prepared By:
YASMIIN ARRAYA
SECURITY ATLANTIC MORTGAGE
CO. INC.
619 AMBOY AVENUE
EDISON, NJ 08837
(732) 738 -7100
Property Address:
132 N. PENN ST
SHIPPENSBURG, PA 1725 tt
PIN: 33- 33 -1WI —o I
[Space Above This Line For Recording Data]
MORTGAGE
BU
Loa
Case
MIN
THIS MORTGAGE ( "Security Instrument ") is given on April 2, 2008. The mortgagor is
GARY L. BURKETT, MARRIED ("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 beneficiary. MERS is organized and existing under the laws of Delaware, and has
an address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MERS.
SECURITY ATLANTIC MORTGAGE CO. INC. ( "Lender " ) is organized and existing under the Iaws of
NEW JERSEY, and has an address of 619 AMBOY AVENUE, EDISON, NJ 08837. Borrower owes Lender
the principal sum of Ninety-Five Thousand Four Hundred Ten And 00/100 Dollars (U.S.
$95, 410.00). 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
April 1, 2038. 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 CUMBERLAND County, Pennsylvania:
SEE ATTACHED SCHEDULE A
PARCEL # 33 -33 -1867 -015
which has the address of 132 N. PENN ST, SHIPPENSBURG, Pennsylvania 17257 ( "Property
Address ");
FHA PENNSYLVANIA MORTGAGE
t—D 400.32 Page t of
t
1'
ALL THAT CERTAIN TRACT OF LAND WITH IMPROVEMENTS THEREON, SITUATE IN THE
BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, MORE FULLY BOUNDED
AND DESCRIBED AS FOLLOWS:
BOUNDED ON THE NORTHEASTWARDLY BY PENN STREET; ON THE NORTHWESTWARDLY BY A
FOURTEEN (14) FOOT ALLEY, AND ON THE SOUTHWESTWARDLY BY A FOURTEEN (14) FOOT
ALLEY; THENCE ON A DIRECT LINE IN THE CENTER OF THE HOUSE BY A PARTITION,
FORMERLY OF MILDRED BURKETT, NOW CHARLES CHAMBERLIN AND SADIE CHAMBERLIN, HIS
WIFE, OF WHICH THIS WAS ORIGINALLY A PART, TO PENN STREET. HAVING A FRONTAGE
ON PENN STREET OF FOURTEEN (14) FEET AND A DEPTH OF TWO HUNDRED FIFTY -SEVEN
(257) FEET, MORE OR LESS.
SUBJECT TO A RIGHT -OF -WAY FOR A SEWER LINE RUNNING FROM THE PROPERTY ON THE
SOUTH TO A JOINDER ON THE ABOVE DESCRIBED PROPERTY AND THENCE IN COMMON WITH
THE OWNER OF THE ABOVE DESCRIBED PREMISES TO THE MAIN SEWER LINE IN NORTH PENN
STREET AS MORE FULLY DESCRIBED IN A CERTAIN DEED OF EASEMENT TO BE RECORDED IN
THE MISCELLANEOUS DOCKETS OF THE RECORDER OF DEED IN AND FOR CUMBERLAND
COUNTY, PENNSYLVANIA.
BEING THE SAME LOT OR PARCEL OF LAND CONVEYED BY DEED DATED 7/23/76 AND
RECORDED IN BOOK S26, PAGE 126 FROM GUY I. BURKETT AND MILDRED M. BURKETT UNTO
GARY L. BURKETT AND CAROL E. BURKETT, THE WITHIN NAMED GRANTORS.
1 y
* 3 .
t r
TOGETHER WITH the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all 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.
UNIFORM COVENANTS. Borrower and Lender covenant agree as follows:
1. Payment of Principal, Interest and Late Charge.. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum
for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or
ground rents on the Property, and (c) premiums for insurance required under paragraph 4. 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 26.01 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 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 I and 2 shall be applied by Lender as
FHA PENNSYLVANIA MORTGAGE
0 400.32 Page 2 of 8
a
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 be 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 (ii) 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 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
conddtnnation, 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
PHA PENNSYLVANIA MORTGAGE
IE> 400.32 Page 3 of 8
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 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 Gam -St Germain Depository Institutions Act of 1982, 12 U.S.C.
17O1j -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 owing 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.
PHA PENNSYLVANIA MORTGAGE
400.32 Page 4 of 8
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions
of this Security Instrument or the Note which can be given effect without the conflicting provision. To this
end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, 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 the 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. I
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender may initiate foreclose by judicial proceedings and/or invoke any other remedies permitted by
applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in
this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence to the
extent permitted by applicable law.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale
PHA PENNSYLVANIA MORTGAGE
40032 Pago 6 of 8
i
(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 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
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 is 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 successors 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 iii the Property
under the terns 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 term 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
FHA PENNSYLVANIA MORTGAGE
400.32 Page 5 of 8
i
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. Waiver. 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 of sale, and
homestead exemption.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to
one hour prior to the commencement of bidding at a Sheriff's sale or other sale pursuant to this Security
Instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
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 in a part of this Security Instrument.
The Following Rider(s) are to be executed by Borrower and are attached hereto and made a part thereof
(check box as applicable):
• Condominium Rider D Growing Equity Rider ❑ Adjustable Rate Rider
• Planned Unit Development Rider D Graduated Payment Rider
• Other(s) (specify)
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages I through 5 of
this Security Instrument and in any rider(s) executed by Borrower and recorded with it.
This is a contract under seal and may be enforced under 42 Pa.C.S. Section 5529(6).
- BORROWER- f7 GARY Ts. BURKETT - DATE -
FHA PENNSYLVANIA MORTGAGE
t7 400.32 Page 7 or 8
1
/ a [ S paaceBelowThisLineForAcknowledgmeng
STATE OF Pen - ! ='' n ,
COUNTY OF-Mt SRZAWI. 00,rro
On this the 2nd day of April, 2008, before me, the
undersigned officer, personally appeared GARY T,. Bu � T � MARRIED, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument and acknowledged that he
executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal. l�f
'All T Armacost
Notary lie
Notary Pudic My Commission Expires: I'
Baltimore Co., M
Commission E 2/1 /1
CERTIFICATE OF RESIDENCE I, 7 a S � � i n C , do hereby certify
that the correct address of the within -na ed Lender is 619 AMBOY A NUE, EDISON, NJ 08837
witness my hand this 2nd day of Apra, 2008.
A of Lender
FHA PENNSYLVANIA MORTGAGE
400.32 Page 8 of 8
w
ROBERT P. ZIEGLER
RECORDER OF J)EEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717 -240 -6370 = ''
Instrument Number - 200814393
Recorded On 5/2 /2008 At 10:59:01 AM *Total Pages -10
* Instrument Type - MORTGAGE
Invoice Number - 20036 User ID - JM
* Mortgagor - BURKETT, GARY L
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
* Customer - COMPETITIVE SETTLEMENT AGENCY INC
* FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $10.00
JUSTICE DO NOT DETACH
RECORDING FEES — $21.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50 This page is now part
COUNTY ARCHIVES FEE $2.00 of this legal document.
ROD ARCHIVES FEE $3.00
TOTAL PAID $48.50
I Certify this to be recorded
in Cumberland County PA
c� u
RECORDER O D EDS'
nao
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
0000zy
IIIIIIIlIIIIIIIIIIIIIIIIIiII
CRPRDNRBS46b 11/29/2011 2:23;29 PM PAGE 142/245 888- 294 -5658
NOTE
ff W RIGINAL evttx
Loan
MRd:
Case:
April 2, 2008 Reisterstown Maryland
[Date] [City] [State]
132 N. PENN ST, SHIPPENSBURG, PA 17257
[Property Address]
I. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means
SECURITY ATLANTIC MORTGAGE CO. INC. and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of Ninety Five Thousand
Four Hundred Ten Dollars (IJ.S. $95, 410. DO), phis interest, to the order of Lender. Interest will be charged on unpaid
principal, from the date of disbursement of the loan proceeds by Lender, at the mte of Six And One - Half percent (6. %) 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 same date as
this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shalt make a payment of principal and interest to Lender on the first day of each month beginning on May 1,
2008. Any principal and interest remaining on the first day of April, 20313, will be due on that date, which is called the "Maturity
Date."
(R) Place
Payment shall be made at 619 AMBOY AVENUE, EDISON, NJ 08837 or at such place as Lender may designate in
writing by notice to Borrower.
(C) Amount
Each monthly of principal and interestwill be in the amount of U.S. $603.06. This amount will be part of a larger
monthly payment required by the Security Instrument, that shall be applied 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 die
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.]
❑ Graduated Payment Allonge ❑ Orowing Equity Allonge EJ Other [Specify]
5. BORROWER'S RIGHT 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 payment unless Lender agrees in writing to those
changes,
� 36.4 Page I of 2 ( FLIA Miiltistalo Fixed Rate Note — 12/01
CRPRDNRBS46b 11/29/2011 2:23:29 PM PAGE 144/245 888- 294 -5658
r
G. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security lnstniment, 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 Pour
percent (4.000 %) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to 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 remaining due and 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 Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs 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.
S. 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, sleety 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.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
WIYHOUT RECOURSE, PAY TO THE ORDER OR
OT Countrywide Bak, t:SB
RRO RR - GARY L. BURKETT - DATE - SECURITY ATLAK M.; mORTGAGE00. INC.
gn Original Only]
1RTA4iT ARY
QP 36.4 Page 2 of 2 FHA Multistate Fixed hate Note —12/01
CRPRDNRBS46b 11/29/2011 2:23:29 PM PAGE 145/245 888 - 294 -5658
Ag
A
io am 31 mavd
CRPRDNRBS46b 11/29/2011 2:23:29 PM PAGE 146/245 888 - 294 -5658
BURKETT 611-
nka erica 610 001 002
Roma Lees
BAC Home Loans Servicing, LP Notice Date: March 16, 2010
100 Beecham Drive Suite 104
Pittsburgh, PA 15205
GARY L BURKETT Account No
132 N Penn St FHA Case N
Shippensburg, PA 17257
Property Address:
132 N PENN ST
SHIPPENSBURG, PA 17257
AMENDED AND RESTATED NOTE.
State of Pennsylvania
Origination Dale: April 2, 200$
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns.
"Lender" means BAC Home Loans Servicing, LP and its successors and assigns.
2. BORROWER'S PROMISE TO PAY INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of ninety six thousand
one hundred sixty one.and 90/100 (Dollars U.S.) $96,161.90 plus interest, to the order of Lender. Interest will
be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of
five and 5000, (5.500 %) 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 same 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 payment of principal and interest to Lender on the first day of each month beginning
on June 1, 2010. Any principal and interest remaining on the May 1, 2040 will be due on that date, which is
called the "Maturity Date."
(B) Place
Payment shall be made to Payment Processing PO Box 650070 Dallas, TX 75265, 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 of U.S. 546.00. This amount will be part
of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and
other Items In the order described in the Security Instrument.
(0) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower togetherwith this Note, the
covenants of the allonge shall be Incorporated Into and shall amend and supptement the covenants of this
Note as If the allonge were a part of this Note. (Check applicable box)
Graduated Payment Allonge El Growing Equity Allonge Other [specify]
CRPRDNRBS46b 11/29/2011 2:23:29 PM PAGE 148/245 888 - 294 -5658
5. BORROWER'S RIGHT 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 payments unless Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in
Paragraph 4(C) of this Note, by the and of fifteen calendar days after the payment Is due, Lender may collect
a late charge in the amount of 4.00% of the overdue amount of each payment. of the overdue amount of each
payment.
(B) Default
If Borrower defaults by failing to 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 remaining due and 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 Costs and Expenses
If Lender has required Immediate payment in full, as described above, Lender may require Borrower to pay
costs 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.
T. WAIVERS
Borrower and any other person who has obligations under this Note waive the right of presentment and notice
of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of
dishonor" means time right to require Lender to give notice to other persons that amounts due have not been
paid.
a. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note
wilf be given by delivering it or by ma €ling 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 Qs 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.
BY SIGNING BELOW, borrower accepts and agrees to the terms and covenants contained in this Note.
10. 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 the Security Instrument and due under this
Note if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Note and the Security
Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a
CRPRDNRBS46b 11/29/2011 2:23:29 PM PAGE 150/245 888- 294 -5658
period of thirty days, to perform any other obligations contained in the Security Instrument securing this
Note.
(6) Sale Without Credit. 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. 1702) -3(d) and with the prior approval of the Secretary,
require immediate payment in full of all the sums due under this Note and secured by the Security Instrument
(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 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 payment, Lender does not waive its right with respect to subsequent events.
(D) Regulations of HUD. 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 foreclosure if not paid. This Note
and the $ecurity Instrument do not authorize acceleration of foreclosure If not permitted by regulations of the
Secretary.
(E) Mortgage Not Insured. Borrower agrees that should the Security Instrument and this Note secured
thereby not be eligible under the National Housing Act within 60 days from the date hereof, Lender may, at its
option and notwithstanding anything in paragraph 10, require immediate payment In full of all sums secured
by the Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
60 days from the date thereof, declining to insure the Security Instrument and this Note secured thereby,
shall be deemed conclusive proof of such Ineligibility. Notwithstanding the foregoing, this option may not be
exercised by tender when the unavailability of insurance is solely due to Lender's failure to remit mortgage
Insurance premium to the Secretary.
BY SIGNING BELOW, borrower accepts and agrees to the terms and covenants contained in this Note.
RY L B RKEI
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sp,wof �Msso PAY TO THE 0RDFR OF
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ESTATE OF GARY L BURKETT
132 N Penn St
Shippensburg, PA 17257 -1312
1
C3_1445 BLQPA2 14091 08/24/2011
January 16, 2013
Account N
ESTATE OF GARY L BURKETT
132 N Penn St
Shippensburg, PA 17257 -1312
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
Dear ESTATE OF GARY L BURKETT,
The MORTGAGE held by BANK OF AMERICA, N.A. and serviced by Bank of America, N.A. (hereinafter we, us or
ours) on your property located at 132 N Penn St Shippensburg, PA 17257, IS IN SERIOUS DEFAULT because you
have not made the monthly payments in the amounts shown below for the months of 03/01/2012 - 01/31/2013.
Monthly Charges: 03/01/2012 - 11/30/2012 @ $765.50 $6,889.50
12/01/2012 - 01/31/2013 @ $766.66 $1,533.32
Late Charges: 03/01/2012 - 11/30/2012 @ $30.62 $275.58
12/01/2012 - 12/31/2012 @ $30.67 $30.67
Other Charges: Additional Uncollected Late Charges: $0.00
Uncollected Costs: $907.85
Partial Payment Balance: 0.00
TOTAL DUE: $9,636.92
Late charges and other charges have also accrued to this date in the amount of $1,214.10. 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
$9,636.92.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of
$9,636.92, plus any additional monthly payments and late charge 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 Bank of
America, N.A.at P.O. Box 15222, Wilmington, DE 19886 -5222.
If you do not cure the 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 still 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 attorney's fees.
t
2269437047
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 still 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 attorneys 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 six (6) 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 - 669.4578.
This payment must be in cash, cashier's check, certified check or money order and made payable to us at the
address stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your fight 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 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."
f
C3_3222_BRECDISC 15352 09/24/12
IMPORTANT DISCLOSURES
If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under
applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a
demand for payment, or an attempt to impose personal liability for that debt. You are not obligated to
discuss your home loan with us or enter into a loan modification or other loan- assistance program. You
should consult with your bankruptcy attorney or other advisor about your legal rights and options.
Bank of America, N,A., the servicer of your home loan, is required by law to inform you that this
communication is from a debt collector.
There has been a payment default or other default on your loan that could result in acceleration of all sums
due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe
Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc.,
LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc.,
ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect
the Noteholder's interest and rights in the property and under the note and security instrument, including any
remedies thereunder (the `Default Related Services "). Bank of America, N.A. will assess fees to your loan
account for the Default Related Services, including those provided by its affiliates. A schedule of fees that
may be charged to your account for Default Related Services is available at the following web address:
htto:// www .bankofamerica.com /defauItfees If you do not have internet access, please contact us at
1- 800 - 669 -6607, Monday through Thursday 8 a.m. - 11 p.m, Eastern, Friday 8 a.m. - 9 p,m, Eastern,
Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a
complete list of the default - related services you could be charged, but does not include a complete list of all
fees or charges that could be assessed on your loan account.
MILITARY PERSONNEL /SERVICEMEMBERS If you or your spouse is a member of the military, please
contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford
significant protections and benefits to eligible military service personnel, including protections from
foreclosure as well as interest rate relief. For additional information and to determine eligibility please
contact our Military Assistance Team toll free at 1- 877 - 430 -5434. If you are calling from outside the U.S.
please contact us at 1- 817 - 685 -6491.
2269437047
DIVULGACIONES IMPORTANTES
Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una
exoneraci6n de esta deuda bajo la ley aplicable sobre quiebra, este no es un intento de recaudaci6n, una
demanda de pago o un intento de imponer una responsabilidad personal por esa deuda. Usted no est6
obligado(a) a hablar de su pr6stamo para vivienda con nosotros ni a participar en un programa de
modificaci6n de pr6stamos u otro programa de asistencia para pr6stamos. Usted debe consultar con su
abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legates.
Bank of America, N.A., el administrador de su pr6stamo para vivienda est6 obligado por ley a informarle a
usted que esta comunicaci6n proviene de un cobrador de deudas.
Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su pr6stamo que podria resultar en
la aceleraci6n de todos las cantidades adeudadas bajo el Pagar6. Como resultado, Bank of America N.A.
utilizar6 companias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe
Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe
Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y Landsafe Appraisal
Services, Inc., para proporcionar servicios necesarios para proteger los intereses del Titular en la propiedad
y sus derechos bajo el instrumento de seguridad y el pagar6, incluyendo cualquiera de sus recursos (los
" Servicios relacionados a un incumplimiento "). Bank of America, N,A. aplicarb cargos a la cuenta de su
pr6stamo por los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados por
sus afiliados. Una lista de los cargos que podrian cobrarse a su cuenta por servicios relacionados a un
incumplimiento estb disponible en el sitio de Internet: [ hfto:// www. bankofamerica.com /defaultfees Si usted
no tiene acceso a internet, por favor comuniquese con nosotros al 1- 800 - 669 -6607 de lunes a jueves de 8 a.
m. a 11 p. m. hora del este, viernes de 8 a. m. a 9 p. m. hora del este, sabados de 9 a. m. a 3 p. m. hora del
este. para pedir que se le envie una lista de cargos por correo. La lista de cargos contiene una lista
completa de los servicios relacionados por incumplimiento que le podian cobrar, pero no incluye una lists
completa de todos los costos y cargos que podrian ser aplicados a la cuenta de su pr6stamo,
PERSONAL MILITAR/ MIEMBROS DE LAS FUERZAS ARMADAS Si usted o su c6nyuge es un miembro
del servicio militar, por favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil
para Miembros de las Fuerzas Armadas y ]as ]eyes estatales comparables otorgan protecciones y beneficios
significativos al personal del servicio militar gue califigue incluidas protecciones contra la ejecuci6n
hipotecaria asi como tambi6n ayuda en la tasa de inter6s. Para obtener m6s informaci6n y determinar su
calificaci6n por favor Ilame sin costo a nuestro Equipo de Asistencia para el Servicio Militar al
1- 877 -430 -5434. Si usted llama desde fuera de los Estados Unidos por favor comuniquese con nosotros al
1- 817 -685 -6491.
2269437047
4
C3_5088 OPTAVDFC 15319 09/24/2012
Options are Available to Help You
Avoid Foreclosure
Call the number on the enclosed notice to learn more.
When you call, please have your income and expense information available
so we can discuss which option(s) could work for you.
Options to consider if your goal is to stay in your home
Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms,
Modification which may include lowering the interest rate, placing past due amounts at the end of the loan,
Program (HAMP) and/or extending the term of the loan. You may be eligible for this program if you meet the
following requirements:
• The amount you owe on the first mortgage is equal to or less than $729,750 for a
single - family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or
$1,403,400 for a 4 unit property
• You have documented a financial hardship and represented that you do not have sufficient
liquid assets to make the monthly mortgage payments.
• Your mortgage was obtained before Jan. 1, 2009.
• The property securing the mortgage loan has not been condemned or is not in such poor
physical condition that it is not habitable even if not condemned
• The mortgage is secured by a one to four unit property
Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the
Reinstatement loan up to date until the day of your foreclosure sale.
Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay
off a portion of the past due amounts over time. This may include principal, interest, fees,
and /or costs assessed to your loan.
Temporary An agreement whereby we agree not to proceed with foreclosure and /or collection of payments
Forbearance for a period of time, to allow you to re- establish your ability to make the required payments.
Agreement
Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could
(non -HAMP) include lowering your interest rate, extending the term or maturity date of the loan, moving
from an adjustable to a fixed -rate loan, deferring some portion of the unpaid principal balance
to the end of the loan, and/or forgiving some portion of the unpaid principal balance.
Partial Claim (FHA If you have a Federal Housing Administration (FHA) loan and your payments are past due but
loans only) you are now able to make your regular monthly mortgage payment, this program is designed to
bring your loan up to date by creating a second mortgage /lien on your property for the amount
that is past due.
Options to consider if you cannot or do not wish to stay in your home
Home Affordable Designed to help borrowers who are eligible for the Home Affordable Modification Program
Foreclosure (HAMP) but were unsuccessful in securing a permanent modification through the program.
Alternatives HAFA provides the option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A
Program (HAFA) short sale is a transaction in which you sell your property for less than the total amount owed
on the loan (subject to agreement by your servicer /lender /investor), resulting in the release of
our lien on your home and avoidance of foreclosure. A deed in lieu of foreclosure is a
transaction in which you agree to voluntarily transfer ownership of your property to us in order
to avoid foreclosure.
Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than
Pre - foreclosure you owe, a short sale may allow you to sell your home to pay off the mortgage. In a short sale,
Sale (non -HAFA) the lender agrees to accept an amount less than what is actually owed on the loan. Offered to
borrowers who are not eligible for HAMP or other home retention alternatives.
Deed in Lieu of Used as an alternative to foreclosure, with a deed in lieu of foreclosure, you transfer ownership
Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total
(non -HAFA) amount due on that mortgage. Offered to borrowers not eligible for HAMP or other home
I retention alternatives, and who were not able to sell the property through a short sale.
We are here to help you. Please call us today.
2269437047
Hay opciones disponibles para ayudarle a
Evitar la Ejecucion Hipotecaria
Llame al numero que aparece en la notificacion adjunta para obtener mas
informacion
Cuando (lame, por favor tenga a la mano la informacion de sus ingresos y gastos para que podamos
discutir cubles opciones podrian funcionar para usted.
Opciones a considerar si su objetivo es permanecer en su casa
:::::
Home Affordable Es un programa del gobierno federal que le permite pagar el pr6stamo bajo los nuevos
Modification t&rminos acordados, que pueden incluir la reducci6n de la tasa de inter6s, agregar
Program (HAMP) cantidades vencidas al final del pr6stamo, y/o extender el plazo del pr6stamo. Usted
puede calificar para este programa si cumple con los siguientes requisitos:
• La cantidad que usted adeuda de su primera hipoteca es igual o menor que $729,750
d6lares para una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2
unidades, $1,129,250 d6lares para una propiedad de 3 unidades o $1,403,400 para
una propiedad de 4 unidades
• Usted ha documentado que atraviesa por una dificultad financiera y declarado que no
tiene suficiente liquidez para hacer los pagos mensuales de la hipoteca.
• Obtuvo su hipoteca antes del 1 de enero de 2009.
• La propiedad que garantiza el pr6stamo hipotecario no ha sido condenada o no est6 en
malas condiciones fisicas como para no poder habitarse incluso si no esta condenada.
• La hipoteca est6 garantizada por una propiedad de una a cuatro unidades.
Restablecimient Si usted puede poner al dia los pagos de su pr6stamo, aceptaremos los fondos necesarios
o del Prestamo para que el pr6stamo est6 al dia hasta la fecha de la venta por ejecuci6n hipotecaria.
Plan de Pago Un plan de pago le permite a usted hater sus pagos hipotecarios regulares, adem6s de
pagar una porci6n de los montos vencidos a trav6s del tiempo. Esto puede incluir capital,
inter6s, cargos o costos aplicados a su pr6stamo.
Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecuci6n hipotecaria y/o el cobro
Temporal de de los pagos por un periodo de tiempo, pars permitirle que restablezca su habilidad de
Tolerancia por hacer los pagos requeridos,
incumplimiento
Modificaci6n de Una modificaci6n del pr6stamo es un cambio en los t6rminos originales de su pr6stamo,
Pr6stamo Las modificaciones podrian incluir reducir su tasa de inter6s, extender el t6rmino o la fecha
(no por medio de pago del pr6stamo, cambiar de un pr6stamo de tasa de inter6s ajustable a uno de tasa
de HAMP) de inter6s fija, diferir una parte del saldo del capital impagado al final del pr6stamo, y/o
condonar una parte del saldo de capital impagadc.
Reclamo Parcial Si usted tiene un pr6stamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos
(solamente est6n vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca,
pr6stamos de la este programa est6 disenado Para que su pr6stamo este al dia mediante la creaci6n de
FHA) una segunda hipoteca / gravamen sobre su propiedad por el monto que est6 vencido.
2269437047
e `
Opciones a considerar si no puede o no desea quedarse en su casa
Home Affordable Disenado para ayudar a los prestatarios que califican para el Programa de Home
Foreclosure Affordable Modification (HAMP), pero no consiguieron obtener una modificaci6n
Alternatives permanente a trav6s del programa. HAFA ofrece la posibilidad de una vents en
Program (HAFA) descubierto y, si no tiene exito, una escritura de traspaso voluntario de propiedad en lugar
de la ejecuci6n hipotecaria. Una venta en descubierto es una transacci6n en la que usted
vende su propiedad por menos de la cantidad adeudada en el pr6stamo (sujeto a previo
acuerdo de su administrador / prestamista / inversionista), resultando en la liberaci6n de
nuestro derecho de retenci6n sobre su propiedad y evitar la ejecuci6n hipotecaria. Una
escritura de traspaso voluntario de propiedad en lugar de la ejecuci6n hipotecaria es una
transacci6n en la que usted est6 de acuerdo de transferir voluntariamente ]as escrituras de
su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria.
Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de to que
descubierto / usted adeuda, una venta en descubierto le podria permitir vender su vivienda para pagar
Venta previa a la la hipoteca. En una vents en descubierto, el prestamista acepta recibir una monto menor
ejecuci6n de to que actualmente se adeuda en el pr6stamo. Se ofrece a los prestatarios que no
hipotecaria (no por califican para HAMP o para otras alternativas de retenci6n de la vivienda.
medio de HAFA)
Escritura de Se usa como una alternativa de la ejecuci6n hipotecaria. Con una escritura de traspaso
traspaso de voluntario de propiedad en lugar de la ejecuci6n hipotecaria, usted transfiere la titularidad
propiedad en lugar de su vivienda y toda la propiedad que garantiza su pr6stamo hipotecario. Esto puede
de la ejecuci6n hacer que el monto total vencido de esa hipoteca se considere como pagado. Se ofrece a
hipotecaria (no por prestatarios que no califican para HAMP u otras opciones de retenci6n de vivienda, y que
medio de HAFA) no pudieron vender la propiedad a trav6s de una vents en descubierto.
Estamos aqui para ayudarle. Por favor Ilamenos hoy.
LEE
a
`` nn (� �j,� VERIFICATION
6 W W � ,►' 1hereb states that he sh' is
y �`� �3S _ t a A I C-
of Bank of America, N.A., Plaintiff in this matter, and is authorized to make this Verification.
The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are
true and correct to the best of hi tr 9nowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Name: (1���((
DATE: �" \V1 1 l � Title: S f
Company: Bank of America. N.A.
S & D FILE NO: 14- 045170
Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased
FORM 1
: IN THE COURT OF COMMON PLEAS OF
Bank of America, N.A., successor by merger to BAC CUMBERLAND COUNTY,
Home Loans Servicing, LP f /k /a Countrywide Home PENNSYLVANIA
Loans Servicing, LP
Plaintiff(s)
Carol E. Burkett, as the Executrix for the ` r
Estate of Gary L. Burkett, Deceased
2 Apache Drive -' ` t t
Shippensburg, PA 17257 y
DEFENDANT
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,
you may be able to participate in a court- supervised conciliation conference in an effort to resolve this
matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact
MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and
request appointment of a legal representative at no charge to you. Once you have been appointed a legal
representative, you must promptly meet with that legal representative within twenty (20) days of the
appointment date. During that meeting, you must provide the legal representative with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
legal representative complete a financial worksheet in the format attached hereto, the legal representative
will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the
Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will have an opportunity to meet with a representative of your
lender in an attempt to work out reasonable arrangements with your lender before the mortgage
foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for
the appointment of a legal representative. However, you must provide your lawyer with all requested
financial information so that a loan resolution proposal can be prepared on your behalf. If you and your
lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60)
days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds
forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND
TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
SHAPIRO & DeNARDO, LLC
Date Heys or a iff
CAITLIN M. DONNELLY, ESQ
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
CUST
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
C O-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household How Long?
FIN ANCIAL •' •
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount:$ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the Loan in Bankruptcy? Yes ❑ No 11
If yes, provide names, location of court, case number & attorney
Assets Amount Owed Value
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model: Year:
Amount Owed: Value:
Automobile #2: Model: Year:
Amount Owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount Owed: Value:
Monthly Income:
Name of Employers:
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortage Food
2 nd Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel /repairs Other prop. Payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Day /Child Care /Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTH ORIZATIO N
I /We, , authorize the above
named to use /refer this information to my lender /servicer for the sole
purpose of evaluating m financial situation for possible mortgage options. I /We
understand that I /We am/are under no obligation to use the services provided by the
above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
Proof of income
y Past 2 bank statements
Proof of any expected income for the last 45 days
Copy of a current utility bill
Letter explaining reason for delinquency and any supporting
documentation
(hardship letter)
Listing agreement (if property is currently on the market)
FORM 3
IN THE COURT OF COMMON PLEAS OF
Bank of America, N.A., successor by merger to BAC CUMBERLAND COUNTY, PENNSYLVANIA
Home Loans Servicing, LP f /k /a Countrywide Home ;
Loans Servicing, LP
Plaintiff(s)
vs.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
2 Apache Drive
Shippensburg, PA 17257
DEFENDANT
Defendant(s) Civil
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated , 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies
as follows:
1. Defendant is the owner of the real property which is the subject of this
mortgage foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure
Diversion Program" and has taken all of the steps required in that Notice to be
eligible to participate in a court- supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Signature of Defendant's Counsel /Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO: 14-1763 Civil
PRAECIPE FOR REINSTATEMENT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above-captioned matter.
Date:
BY:
t.
SHAPIRO & DeNARDO, LLC
201.1 1:PR 21# P L
YLV'A I ,A
g (1.15
CAA ILO/96/.1y
20L-Csio
jt� lt3�..
SHAPIRO & DeNARDO, LLC I :°::14/06
,.R.
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 7844 4 =1' «''
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 ^� � ' l � ;
12169
CBHANDRA M.ARKEMA, ATTORNEY DLEY J. OSBORNE, ATTORNEY II.D. NO. .D. NO. 203437 "EE-NSi'LYL 0UtI r
3600 HORIZON DRIVE, SUITE 150 ����
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f/k/a CIVIL DIVISION
Countrywide Home Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF
NO: 14-1763 Civil
VS.
Carol E. Burkett, as the Executrix for the -
Estate of Gary L. Burkett, Deceased
DEFENDANT
PRAECIPE FOR REINSTATEMENT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above -captioned matter.
Date:
BY:
SHAPIRO & DeNARDO, LLC
CAITLIN M. f r`' N 7LLY, E 7(
Attorneys for Plaintiff
w��1-I 7S pct
aQ-11j
OLw ,
'3DB Ll H q
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
'';71.113 -OFFICE �
CJ THE PRO t HOHO iA
201411 31 MI 10: 33
CUMBERLAND COUNTY
PENNSYLVANIA
OFFICE OF ME „KEP,IFF
Bank of America
vs.
Carol E Burkett (et al.)
Case Number
2014-1763
SHERIFF'S RETURN OF SERVICE
04/02/2014 12:55 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in
his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage
Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 132 North
Penn Street, Shippensburg Borough, Shippensburg, PA 17257. Residence is vacant.
04/22/2014 04:10 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Carol E Burkett, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 2
Apache Drive, South Hampton, Shippensburg, PA 17257. Defendant is blind and in a nursing home in
Shippensburg, daughter Cathy Seiders is POA and resides at 120 Hilltop Drive, Chambersburg, PA
17201 which is located in Franklin County.
04/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Carol Burkett, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
06/20/2014 The Sheriff of Franklin County, being duly sworn according to law, states he made diligent search and
inquiry for the within named Defendant to wit: Carol Burkett, but was unable to locate the Defendant in his
bailiwick. The Franklin County Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at c/o
Cathy Seiders, POA, 120 Hill Top Drive, Chambersburg, PA 17201.
*Per phone call from Cumberland County Sheriffs Office, no return received, no attempts were made.
06/20/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Carol Burkett, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
07/22/2014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure served by the Sheriff of Franklin County upon Carol Burkett, personally, at c/o
Cathy Seiders, POA, Franklin Coutny Sheriffs Office, 157 Lincoln Way East, Chambersburg, PA 17201.
Dane Anthony, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $121.80 SO ANSWERS,
July 22, 2014 RONR ANDERSON, SHERIFF
(0) CauntySuite Sherif(, Teleasoft, Inc.
c}
SHERIFF'S RETURN - REGULAR
CASE NO: 2014-00114 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
BANK OF AMERICA
VS
CAROL E BURKETT
BENJAMIN SITES
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within REINSTATED COMPLAINT was served upon
BURKETT CAROL E the
DEFENDANT , at 0845:00 Hour, on the 1st day of July , 2014
at C/O CATHY SEIDERS POA
55-1 1 -16E -
CH
BERSBURG, PA 17201
F44
CATHY SEIDERS POWER OF ATTY
by handing to
a true and attested copy of REINSTATED COMPLAINT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
Sworn and Subscribed to before
me th
day of
� I
(� A.D.
CO' E'l'i+ F:L2/,/.;
RICHARD D. McCARTY, 'o .ry Public
Chambersburg Bora., Franklin County
My Commission Expires Jan. 29, 2015
So Answers:
BENJAMIN SITES
By
Depu r Sherif
07/18/2014
SHAPIRO AND DENARDO
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO.
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
17:1
CI:£GI1fiCE4OFFicE
HONO TA
SEP 710;
7VNBERLAND COUNTY
PENNS Y/... VAN/A
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:14-1763 Civil
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND ASSESSMENT OF DAMAGES
Enter Judgment IN REM in the amount of $109,462.17 in favor of the Plaintiff and against
the Defendant, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage
Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and
calculated as stated in the Complaint:
Principal of Mortgage Debt Due and Unpaid
Interest Accrued
Late Charges
Escrow Advances
Property Inspection
Property Preservation
Attorney Fees & Costs of Foreclosure
TOTAL
$87,572.52
$12,442.47
$428.88
$2,030.50
$4,500.60
$1,050.65
$1,436.55
$109,462.17
AND NOW, judgment is entered in favor o 4 II
damages are assessed as above in the sum of $109;462.
.
14-045170
\rN
0A. 16. sopd
ca.*31
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
400 Countrywide Way 14-1763 Civil
Simi Valley, CA 93065
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT(S)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
STATE OF: Pennsylvania
COUNTY OF: Montgomery
AFFIDAVIT OF NON-MILITARY SERVICE
THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years
and competent to make this affidavit and the following averments are based upon infoimation
contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above
captioned Defendants last known address is as set forth in the caption and they are not to the best of
our knowledge, information or belief, in the Military or Naval Service of the United States of
America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended.
Date: qhbhq
Sworn to and subscribed
before me this Ito day
of 5924—Cme) her,' 2014.
Plic
BY:
SHAPIRO & DeNARDO, LLC
-S'for Plaintiff
CMDakis; ZZQUEZE,
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer M. Sharkey, Notary Public
Upper merlon Twp., Montgomery County
OnIrnission Expires Oct. 19, 2014
Member, Pennsylvania Association of Notaries
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicernembers Civil Refief Act
Last Name: BURKETT
First Name: CAROL
Middle Name: E.
Active Duty Status As Of: Sep -16-2014
Results as of : Sep -16-2014 04:46:55 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA ,r- -,- - —
' No'.
NA
This response reflects the individualsactive duty status based on the Active Duty Status Date
Left Active Duty Within 3e7 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
r NA - -
No7 .
NA
This response reflects retlecls 4,ere the individual left active duty status within 387days preceding theActive Duty Status Date
The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
• -,No ,
. '
NA
This response reflects whether the individual or his/her unit has recelved 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 uniformedSeryices (Arrny, 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
1.1
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/pisIPCO9SLDR.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: 3DB439063060B80
Department of Defense Manpower Data Center
Status Report
Pursuant to Servieemennbers Civil Relief Act -
Last Name: BURKETT
First Name: GARY
Middle Name: L.
Active Duty Status As Of: Sep -16-2014
Results as of : Sep -16-2014 04:48:16 AM
SCRA 3.0
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 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
i NA . - -- _
i - No"'` � 4
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 Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
•_ NA .
w 'oiNofi' t
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 formation 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(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 (AR.$) 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 (NOM 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: ADBEK946TO5FTDO
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
BRADLEY J. OSBORNE, ATTORNEY LD. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f/k/a CIVIL DIVISION
Countrywide Home Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF
NO: 14-1763 Civil
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1
The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for
the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of
record, if any, after the default occurred and at least (10) days prior to the date of the filing of the
Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto,
September 3, 2014 to the following Defendants:
Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased, 120 Hill Top
Drive, Chambersburg, PA 17201
Theresa Besle Legal Assistant
to Christopher A. DeNardo, Esquire for
Shapiro & DeNardo, LLC
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY LD. NO. 311403
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO: 14-1763 Civil
NOTICE OF INTENTION TO TAKE DEFAULT
UNDER Pa.R.C.P. 237.1
IMPORTANT NOTICE
TO: Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased
DATE OF NOTICE: September 3, 2014
You are in default because you have failed to enter a written appearance personally or by attorney
and file in writing with the court your defenses or objections to the claims set forth against you. Unless you
act within ten (10) days from the date of this notice, a Judgment may be entered against you without a
hearing and you may lose your property or other important rights. You should take this notice to a lawyer at
once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out
where you can get legal help:
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
f .0
NOTIF1CACION IMPORTANTE
Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en
este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta
notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba
alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes.
Debe Ilevar esta notificacion a un abogado immediatamente. Si lasted no tiene abogado o si no
tiene dinero suliciente para tal servicio, vaya en persona o Ilame por telefono a la oficina cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL 13E
USED FOR THAT PURPOSE.
PERSONS TO WHOM RULE 237.1 NOTICE SENT TO:
Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased, 120 Hill Top
Drive, Chambersburg, PA 17201
Date:
BY:
SHAPIRO & DeNARDO, LLC
L .
cys or ia
rc4jy, EZQUIR3
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY LD. NO. 311403
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f/k/a CIVIL DIVISION
Countrywide Home Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF
VS. NO:14-1763 Civil
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
CERTIFICATE OF SERVICE
I, Bradley J Osborne, Attorney for the Plaintiff, hereby certify that I have served by first class
mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or
their attorney of record:
Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased, 120 Hill Top
Drive, Chambersburg, PA 17201
Date Mailed:
Date:
SHAPIRO & DeNARDO, LLC
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f/k/a CIVIL DIVISION
Countrywide Home Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF
VS. NO:14-1763 Civil
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (Plaintiff) is:
Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
c/o Bank of America
400 Countrywide Way
Simi Valley, CA 93065
and that the last known address of the judgment debtor (Defendant) is:
Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased
120 Hill Top Drive
Chambersburg, PA 17201
Date:
14-045170
BY:
SHAPIRO & DeNARDO, LLC
Atto for Plaintiff
EZQUIRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Clerk
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
David D. Buell
Prothonotary
TO: Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased
120 Hill Top Drive
Chambersburg, PA 17201
Bank of America, N.A., successor by merger to
BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the Estate
of Gary L. Burkett, Deceased
DEFENDANT
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
CASE NO. 14-1763 Civil
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
David D. Buell
Prothonotary
[XX] Judgment by Default
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY BRADLEY J OSBORNE AT (610)278-6800.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
PLAINTIFF
vs.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT(S)
TO THE PROTHONOTARY OF THE SAID COURT:
() Confessed Judgment
() Other
File No.
14-1143CV; l
Amount Due $109,462.17
Interest September 18, 2014 to March 4,
2015 is $2,770.32
Atty's Comm
Costs
r-- d
e
kms' t -a ~'
The undersigned hereby certifies that the below does not arise out of a retail installment safe;;coritfact;- or account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed=pursuant to Act
7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
rr; ..:
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon
the following described property of the defendant(s)
See attached Legal Description
PRAECIPE FOR ATTACHEMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date:\,JVA
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Signature:
Print Name:
Address:
J Osborne
Horizon Drive, Suite 150
King of Prussia, PA 19406
Attorney for: Plaintiff
Supreme Court ID # PA Bar # 312169
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SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO,
ESQUIRE, ATTORNEY I.D. NO. 78447
BRADLEY J. OSBORNE, ATTORNEY I.D.
NO. 312169
CHANDRA M. ARKEMA, ATTORNEY
I.D. NO. 203437
LEEANE O. HUGGINS, ATTORNEY I.D.
NO. 85144
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
AFFIDAVIT PURSUANT TO RULE 3129.1
Wit; -1
r rc
i -7 4/i 19, 37
CUll BERL
A ND Eli N Y L VACOUNTYNIA
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
CASE NO. 14-1763 Civil
Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP, Plaintiff in the above action, sets forth, as of the date
the praecipe for the writ of execution was filed, the following information concerning the real
property located at 132 North Penn Street, Shippensburg, PA 17257.
1. Name and address of Owner(s) or Reputed Owner(s)
Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased
120 Hill Top Drive
Chambersburg, PA 17201
2. Name and address of Defendant in the judgment:
Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased
120 Hill Top Drive
Chambersburg, PA 17201
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
400 Countrywide Way
Simi Valley, CA 93065
4. Name and address of the last recorded holder of every mortgage of record:
Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
400 Countrywide Way
Simi Valley, CA 93065
5. Name and address of every other person who has any record lien on the property:
PA Department of Revenue
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania, Department of Revenue Inheritance Tax Division
1131 Strawberry Square, 6th Floor
Harrisburg, PA 17128
Commonwealth of Pennsylvania, Department of Revenue
Inheritance Tax Division
Bureau of Complaince, Dept. 280946
Harrisburg, PA 17128-0946
Department of Public Welfare
Estate Recovery Program, PO Box 8486
Willow Oak Bldg
Harrisburg, PA 17105-8486
Internal Revenue Service
WM S. Moorehead Federal Bldg, Advisory
1000 Liberty Avene, Room 704
Pittsburgh, PA 15222
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
TENANT OR OCCUPANT
132 North Penn Street
Shippensburg, PA 17257
Commonwealth of Pennsylvania
Department of Revenue, Inheritance Tax Division
1131 Strawberry Square, 6th Floor
Harrisburg, PA 17128
Internal Revenue Service
WM S. Moorehead Federal Bldg. Advisory
1000 Liberty Avenue, Room 704
Pittsburgh, PA 15222
Department of Public Welfare
Estate Recovery Program
PO Box 8486
Willow Oak Bldg
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance
Dept. 280946
Harrisburg, PA 17128
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
BY:
14-045170
SHAPIRO & DeNARDO, LLC
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
BRADLEY J. OSBORNE, ATTORNEY LD. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
LEEANE 0. HUGGINS, ATTORNEY I.D. NO. 85144
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 14-045170
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett, Deceased
120 Hill Top Drive
Chambersburg, PA 17201
Your house (real estate) at:
132 North Penn Street, Shippensburg, PA 17257
33-33-1867-015
is scheduled to be sold at Sheriffs Sale on March 4, 2015 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00AM to enforce the court judgment of $109,462.17 obtained by Bank of America, N.A.,
successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans
Servicing, LP against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be cancelled if you pay back to Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP the
amount of the judgment plus costs or the back payments, late charges, costs, and
reasonable attorney's fees due. To find out how much you must pay, you may call:
(610)278-6800.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO: 14-1763 Civil
3. You may be able to stop the sale through other legal proceedings
4. You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice on page two of how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610)278-6800.
6. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call 717-240-6390.
8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
9. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
10. You may be entitled to a share of the money, which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later than
thirty days after the Sheriff Sale. This schedule will state who will be receiving the
money. The money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10)
days after the date of filing of said schedule.
11. You may also have other rights and defenses or ways of getting your house back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
14-045170
ALL THAT CERTAIN tract of land with the improvements thereon, situate in the Borough of
Shippensburg, Cumberland County, Pennsylvania, more fully bounded and described as follows:
BOUNDED on the Northeastwardly by Penn Street; on the Northwestwardly by a fourteen (14)
foot alley; and on the Southwestwardly by a fourteen (14) foot alley; thence on a direct line in the
center of the house by a partition, formerly of Mildred Burkett, now Charles Chamberlin and
Sadie Chamberlin, his wife, of which this was originally a part, to Penn Street. Having a
frontage on Penn Street of fourteen (14) feet and a depth of two hundred fifty-seven (257) feet,
more or less.
SUBJECT to a right-of-way for a sewer line running from the property on the South to a joinder
on the above described property and thence in common with the owner of the above described
premises to the main sewer line in North Penn Street as more fully described in a certain deed of
easement to be recorded in the Miscellaneous Dockets of the Recorder of Deed in and for
Cumberland County, Pennsylvania.
PARCEL No. 33-33-1867-015
BEING the same premises which Gary L. Burkett and Carol E. Burkett, husband and wife, by
Deed dated April 2, 2008 and recorded May 2, 2008 in the Cumberland County Recorder of
Deeds Office as Deed Instrument No. 200814392, granted and conveyed unto Gary L. Burkett,
sole owner.
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717)240-6195
www.ccpa.net
BANK OF AMERICA, N.A.,
SUCCESSOR BY MERGER TO
BAC HOME LOANS SERVICING, LP
F/K/A COUNTRYWIDE HOME LOANS
SERVICING, LP
Vs. NO 14-1763 Civil Term
CIVIL ACTION — LAW
CAROL E. BURKETT, AS THE EXECUTRIX
OF THE ESTATE OF GARY L. BURKETT, DECEASED
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $109,462.17 L.L.: $.50
Interest SEPTEMBER 18, 2014 TO MARCH 4, 2015 IS $2,770.32
Atty's Comm:
Atty Paid: $294.05
Plaintiff Paid:
Date: 10/7/2014
(Seal)
REQUESTING PARTY:
Name: BRADLEY J. OSBORNE, ESQUIRE
Address: SHAPIRO & DENARDO, LLC
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 312169
Due Prothy: $2.25
Other Costs:
David D. Buell, Prothonot
Deputy
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE,
ATTORNEY I.D. NO. 78447
BRADLEY J. OSBORNE, ATTORNEY I.D. NO.
312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO.
203437
LEEANE O. HUGGINS, ATTORNEY I.D. NO.
85144
SARAH K. McCAFFERY, ATTORNEY I.D. NO.
311728
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S&D FILE NO. 14-045170
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP f/k/a-
Countrywide Home Loans Servicing, LP
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
f. i; 711 z/
2015J/411 12 P1-1. 3: 13
',SAYtV C COUNT
PE��,.�
ar�fa r
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:14-1763 Civil
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P 3129.2 (C) (2)
I, Cori Haas, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Bank
of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home
Loans Servicing, LP, hereby certify that Notice of Sale was served on all persons appearing on
Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of
Mailing on January 5, 2015, the originals of which are attached and that each of said persons appears
on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1.
The undersigned understands that the statements herein are subject to the penalties provided
by 18 P.S. Section 4904.
Date:is
14-045170
By:
SHAPIRO & DENARDO, LLC
/013Ut"
Cori Haas
Legal Assistant
U.S. POSTAGE>»PITNEY BOWES
Name and Address of Sender
Shapiro & DeNardo, LLC
3600 Horizon DriveZIP
Suite 150
King of Prussia, PA 19406
Check type of mail or service:
0 Certified 0 Recorded Delivery (International)
0 COD 0 Registered
0 Delivery Confirmation ❑ Return Receipt for Merchandise
❑ Express Mail 0 Signature Confirmation
❑ Insured
Affix Stamp Here
(If issued as a ���
certificate of mailing, wt�+ { 19406
or for additional xr-1. .y 02 11T 004.2
copies of this bill) 0001387362 JAN.
Postmark and
Date of Receipt
05. 2015
Article Number
Addressee (Name, Street, City State, & ZIP Code)
Postage
Fee
Handling
Charge
dual Value if
Registered
Insured
Value
Due Sender
if COD
DC
Fee
SC
Fee
SH
Fee
RD
Fee
RR
Fee
1
14-045170 MW
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania, Department
Inheritance Tax Division
1131 Strawberry Square, 6th Floor
Harrisburg, PA 17128
Commonwealth of Pennsylvania, Department
Inheritance Tax Division
Bureau of Complaince, Dept. 280946
Harrisburg, PA 17128-0946 •
Department of Public Welfare
Estate Recovery Program, PO Box 8486
Willow Oak Bldg
Harrisburg, PA 17105-8486
Internal Revenue Service
WM S. Moorehead Federal Bldg, Advisory..
1000 Liberty Avene, Room 704
Pittsburgh, PA 15222
Tenant or Occupant
132 North Penn Street
Shippensburg, PA 17257
PA Department of Revenue
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
of Revenue
of Revenue
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1131 Strawberry Square, 6th Floor
Harrisburg, PA 17128
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Internal Revenue Service
WM S. Moorehead Federal Bldg. Advisory
1000 Liberty Avenue, Room 704
Pittsburgh, PA 15222
•
Total Number of Pieces
Listed by Sender 9
Total Number of Pieces
Received at Post Office
Postmas -r, P (Name
of receivin employe
1
See Privacy Act Statement on Reverse
PS Form 3877, February 2002 (Page 1 of 2)
Complete by Tjr¢ewriter, Ink or Ball Point Pen
U.S. POSTAGE» PITNEY BOWES
ii rro mmimmw'
Name and Address of Sender
Shapiro & DeNardo, LLC
3600 Horizon Drive
Suite 150
King of Prussia, PA 19406
Check type of mail or service:
❑ Certified 0 Recorded Delivery (International)
0 COD El Registered
0 Delivery Confirmation 0 Return Receipt for Merchandise
1:1 Express Mail I:1 Signature Confirmation
0 Insured
Affix Stamp Here
(If issued as a
certificate of mailing,
or for additional
copies of this bill)
Postmark and
Date of Receipt -
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ZIP 19406 00260
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0001387362 JAN! 05.
Article Number
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Postage
Fee
Handling
Charge
Actual Value if
Registered
Insured
Value
Due Sender
if COD
DC
Fee
SC
Fee
SH
Fee
RD
Fee
RR
Fee
1.
14-045170 MW
Department of Public Welfare
Estate Recovery Program
PO Box 8486
Willow Oak Bldg
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance
Dept. 280946
Harrisburg, PA 17128
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Total Number of Pieces
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Total Number of Pieces
Received at Post Office
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See Privacy Act Statement on Reverse
PS Form 3877, February 2002 (Page 2 of 2)
Comp y Typewriter, Ink or Ball Point Pen
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE,
BRADLEY J. OSBORNE, ATTORNEY I.D. NO.
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S&D FILE NO. 14-045170
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing, LP Vida
Countrywide Home Loans Servicing, LP
PLAINTIFF
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
ATTORNEY I.D. NO. 78447
312169
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO: 14-1763 Civil
MOTION FOR SERVICE PURSUANT
TO SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Shapiro & DeNardo, LLC, moves this Honorable Court for an
Order directing service of the Notice of Sale and all subsequent pleadings that require personal
service only, upon Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations
Claiming Right, Title or Interest from or under Gary L. Burkett, Deceased by publication and by
posting of the subject premises located at 132 North Penn Street, Shippensburg, PA 17257 and,
in support thereof avers the following:
.•
Plaintiff obtained a default judgment against the Defendant on or around
September 17, 2014.
2. Shortly thereafter, Plaintiff caused the Property to be listed for the March 4, 2015
Cumberland County Sheriff's sale.
3 Plaintiff believes, and therefore avers, that Gary Burkett died on or about November
5, 2011. Plaintiff, by and through its agents, has reviewed the appropriate public records to
determine if an estate has been created and, if so, whether a personal representative has been
appointed. The review of these public records indicates that Carol E. Burkett was assigned as the
Personal Representative of the Estate. A true and correct copy of the search is attached hereto as
Exhibit "A," and made a part hereof.
4. Plaintiff had successfully served Carol E. Burkett, through her power of attorney
Cathy Seiders whom accepted service, with the reinstated complaint in mortgage foreclosure. True
and correct copies of the power of attorney and complaint service are attached hereto as Exhibit "B"
and Exhibit "C," respectively.
4. Plaintiff forwarded the Notice of Sheriffs Sale, pursuant to Pa It C.P. 3129.2(a) to the
Cumberland County Process Server in order to effectuate personal service upon Carol E. Burkett.
5. The Cumberland County Process Server's attempts to serve, Carol E. Burkett,
with the Notice of Sheriffs Sale in accordance with Pa R.C.P. 3129.2(c)(1)0(A) have been
unsuccessful, as reflected on the Process Server's Return of Service, attached hereto as Exhibit
"D," and made a part hereof.
6. Plaintiff believes, and therefore avers, that Carol E. Burkett died on or about
November 11, 2014. Plaintiff, by and through its agents, has reviewed the appropriate public records
. to determine if an estate has been created and, if so, whether a personal representative has been
appointed. The review of these public records indicates that no Estate has been opened as of
December 18, 2014. A true and correct copy of the search is attached hereto as Exhibit "E," and
made a part hereof.
7. Therefore, Carol E. Burkett can no longer fulfill her capacity as Executrix of the
Estate of Gary L. Burkett to notify any heirs regarding the Plaintiff's action in the instant mortgage
foreclosure case.
8. Service upon the Unknown Heirs, Successors, Assigns, and All Persons, Firms, or
Associations Claiming Right, Title or Interest from or under Gary L. Burkett, Deceased, is necessary
to ensure there is no prejudice regarding the rights of individuals in the subject premises located at
132 North Penn Street, Shippensburg, PA 17257.
7. Any attempts at personal service of the Notice of Sale in Mortgage Foreclosure upon
Carol E. Burkett would not be successful.
Service of process by publication is permitted by Pennsylvania Rule of Civil
Procedure 430(b).
9. Pennsylvania Rule of Civil Procedure 430 (b) (2) provides: "When service is made by
publication upon the heirs and assigns of a named former owner or party in interest, the court may
permit publication against the heirs or assigns generally if it is set forth in the Complaint or an
affidavit that they are unknown."
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an
Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of Notice of Sale
and all subsequent pleadings that require personal service only, upon Unknown Heirs,
Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest
from or under Gary L. Burkett, Deceased, by publication in a legal publication designated by the
Court for the publication of legal notices and in one newspaper of general circulation within
Cumberland County, and by posting the subject premises located at 132 North Penn Street,
Shippensburg, PA 17257.
Date: I BY:
SIT[APIRO & DeNARDO, LLC
VERIFICATION
Bradley J Osborne, hereby states that he is the Attorney for the Plaintiff in this action, that he
is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR
SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his
knowledge, information and belief.
The undersigned understands that this statement herein is made subject to the penalties of
18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Date: ) BY:
S&D: 14-045170
SHAPIRO & DeNARDO, LLC
or Plaintiff
EY J. OSBORNE, ESQ.
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312 I 69
CHANDRA M. ARKEMA, ATTORNEY I.D. NO, 203437
LEEANE 0. HUGGINS, ATTORNEY I.D. NO. 85144
SARAH K. McCAFFERY, ATTORNEY I.D. NO. 311728
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S&D FILE NO. 14-045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f/k/a CIVIL DIVISION
Countrywide Home Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF
NO: 14-1763 Civil
VS,
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
If service cannot be made under the applicable rule, the Plaintiff may move the court
for a special order directing the method of service. The motion shall be accompanied
by an affidavit stating the nature and extent of the investigation which has been made
to determine the whereabouts of the defendant and the reasons why service cannot be
made.
In real property actions, such as the instant action in mortgage foreclosure, Pennsylvania
Rule of Civil Procedure, 410 (c), sets forth the manner in which service shall be made pursuant
to an Order of Court under Pa R.C.P. 430 (a):
The court shall direct one or more of the following methods of
service: (1) publication as provided by Rule 430 (b),(2) posting a
copy of the original process on the most public part of the property,
(3) registered mail to the defendant's last known address, and (4)
such other methods, if any, as the court deems appropriate to serve
notice to the defendant.
Pennsylvania Rule of Civil Procedure 430 (b) (2) provides: "When service is made by
publication upon the heirs and assigns of a named former owner or party in interest, the court may
permit publication against the heirs or assigns generally if it is set forth in the Complaint or an
affidavit that they are unknown."
The affidavit of good faith investigation of the probate records has set forth and identified
Carol E. Burkett as the Personal Representative of Gary E. Burkett. Further investigation identifies
that Carol E. Burkett is also deceased as of November 11, 2014, and no estate has been.raised. As
such, it is impossible for Plaintiff to properly server everyone on behalf of Defendant.
In order to complete service on the Defendant, Gary L. Burkett, Deceased, so as to move this
action forward to ultimate disposition, the Plaintiff respectfully requests that this Honorable Court,
pursuant to Pennsylvania Rule of Civil Procedure 430, grant a special Order directing service of the
Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, by
publication in a legal publication designated by the Court for the publication of legal notices and in
one newspaper of general circulation within Cumberland County, and by posting the subject
premises located at 132 North Perm Street, Shippensburg, PA 17257 by the Sheriff, competent adult,
or other party allowed by law.
Date:
BY:
Respectfully Submitted,
SHAPIRO & DeNARDO, LLC
Atori or P aintiff
J. OSBORNE, ESQ.
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
BRADLEY J. OSBORNE, ATTORNEY LD. NO. 312 i 69
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
LEEANE 0. HUGGINS, ATTORNEY LD. NO. 85144
SARAH K. McCAFFERY, ATTORNEY I.D. NO. 311728
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S&D FILE NO. 14-045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f/k/a CIVIL DIVISION
Countrywide Horne Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF
NO: 14-1763 Civil
VS.
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the Motion For Service Pursuant
to Special Order Of Court on !MI") to all parties named herein at their last known
address or upon their attorney of record as below listed by regular mail, postage prepaid:
Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right,
Title or Interest from or under Gary L. Burkett, Deceased, 132 North Penn Street, Shippensburg,
PA 17257
Date: 1/0-/i. BY:
SHAPIRO & DeNARDO, LLC
or Plaintiff
EY J. OSBORNE, ESQ.
SHAPIRO & DeNARDO, LLC
BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
BRADLEY J. OSBORNE, ATTORNEY I,D. NO. 312169
CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437
LEEANE 0. HUGGINS, ATTORNEY I.D. NO. 85144
SARAH K. McCAFFERY, ATTORNEY ].D. NO. 311728
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S&D FILE NO. 14-045170
Bank of America, N.A., successor by merger COURT OF COMMON PLEAS
to BAC Home Loans Servicing, LP f/k/a Cl VIL DIVISION
Countrywide Home Loans Servicing, LP CUMBERLAND COUNTY
PLAINTIFF
VS. NO: 14-1763 Civil
Carol E. Burkett, as the Executrix for the
Estate of Gary L. Burkett, Deceased
DEFENDANT
To the Defendants, Carol E. Burkett, as the Executrix for the Estate of Gary L. Burkett,
Deceased: TAKE NOTICE THAT THE Plaintiff, Bank of America, N.A., successor by
merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP
has filed an action Mortgage Foreclosure, as captioned above.
• NOTICE .
IF YOU WISH TO DEFEND, YOU MUST ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE YOUR DEFENSES OR OBJECTIONS
WITH THE COURT. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT FURTHER NOTICE FOR THE RELIEF REQUESTED 13Y THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW,
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
February 25, 2014
CONFIDENTIAL
INVESTIGATIVE
SERVICES INC
Lauren Vandoll
Shapiro & DeNardo, LLC
3600 Horizon Drive, Suite 150
King of Prussia, Pennsylvania 19406
Your File No.: Burkett
Dear Ms. Yandoli:
Pursuant to your request, effort was made to determine if an Estate was raised in Cumberland
County, PA regarding Gary L. Burkett.
Prior to conducting the search, I did perform a search of the Social Security Administration
Death Index and it was learned that Gary Burkett passed away on November 5, 2011.
A request was forwarded to the Cumberland County Register of Wills to determine if an Estate
had been raised. Please see the response received from Cumberland County Register of Wills office
identifying Carol E. Burkett of 2 Apache Drive, Shippensburg, PA 17257 as the Personal Representative of
the Estate.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
Diane L. Cdiman, CLI, CCDI
Enclosure
DLC/jn
235 South 13th Street
Philadelphia, PA 19107
(215) 546-7400
(800) 503-7400
Fax (215) 985-0169
Ey.h.133- 'A
Lisa M. Graysoa, Esq.
Register of WHIN S.1
Clerk ot'Orphans' Court
Marjorie A. NVevocla
First Deputy
Wayne M. Fecht, Esq.
Solicitor
One Courthouse Square. Suite 102
Carlisle, PA 17013
Phone: (7 I 7) 240-6345
Fax: (717)240,7797
OFFICES OF
Regbteit el 'With d&via a? the awn -am' &twit
etwifiextand &until
RESPONSE TO RESEARCH
February 21, 2014
AN ESTATE WAS LOCATED
Decedent Name:
Estate No.:
Date Filed:
Date Granted:
Personal Representative:
Address:
City, State, Zip:
?Wortley Name:
Address:
City State, Zip.:
Telephone:
NO RECORD OF PROBATE
NEED MORE INFORMATIOI
QUEST
GARY L. - II KETT
11/18/2011
11/18/2011
CAROL E. BURKETT
2 APACHE DRIVE
SHIPPENSI3URG PA 17257
1'O CONDUCT SEARCH
FEE REQUIRED.
Please forward a check in the amount of $5 per name to be searched: Make check
payable to Register of Wills and included a self-addressed stamped :envelope.
YOUR RECEIPT IS ENCLOSED.
COMMENTS:
NOTE: The Fce to file a claim against an estate is $10, See our website for the Notice
of Claim form. (www.ccpanet - search for Notice of Claim)
GENERAL POWER OF ATTORNEY
I, CAROL E. BURKETT, currently of Shippensburg, Cumberland County, Pennsylvania 17257,
hereby appoint GARY L. BURKETT, of Shippensburg, Cumberland County, Pennsylvania, and KATHY
SIDERS, of Chambersburg, Franklin County, Pennsylvania, my attomeys in fact [hereinafter called
"attorney") for me and on my behalf; my attorney acting alone shall have full power as my attorney, and
likewise shall have full power as my attorney; and 1 hereby state that this power of attorney shall not be
affected by my subsequent disability or incapacity; in granting this power of attorney and making references
such as "account in my name," "assets belonging to me," and all similar references, I refer not only to
property registered, titled, or deeded to me or otherwise in my name alone, but also to property registered,
deeded, titled, or otherwise in my name and the names of others.
Without limiting the general powers hereby already conferred, which I intend to be as extensive as
those I possess myself, my Attomey shall have the following specific powers which are included in the
foregoing general powers:
1. To engage in real property transactions,
2. • To engage in tangible personal property transactions.
3. To engage in stock, bond, and other securities transactions.
4. To engage.in banking and financial transactions with any and all banks, savings and loans
and/or credit unions.
5. To enter safe deposit boxes.
6. To engage in insurance transactions.
7. To engage in annuity transactions.
B. To engage in retirement plan transactions.
9, To hand interests in estates and trusts.
10. To pursue claims in litigation.
11. To pursue tax matters.
12. To make limited gifts.
13. To create and execute legal documents on my behalf, including without limitation the
exercise of options, elections under or against wills and trusts, releases, disclaimers and
renunciations of Interest, property and powers, contracts, and revocable or irrevocable
trusts for my benefit, and to fund such trusts with property belonging to me.
14. To disclaim inheritances and all other interests in property.
Docurcnt k: 151763.1
Es 11:b3- °'���
16. To take charge of my person in case of illness or disability of any kind; to authorize my
admission to a hospital, nursing home, hospice, residential, rehabilitation, convalescent,
medical or similar facility, and to enter into agreements for my care; to consent to surgical,
therapeutic or other medical procedures; and to remove and place me in such institutions
or places as my attorney may deem best for my personal care, comfort, benefit and safety
after giving consideration to any wishes I have previously expressed on this subject.
Provided, however, that this power of attorney shall not expire and be null and void until revoked by
me in writing.
This power of attorney shall not be affected by disability of me.
I intend that the powers set forth above include all powers pursuant to the Probate, Estates, and
Fiduciaries Code of the Commonwealth of Pennsylvania and pursuant to other applicable law.
I intend that a photocopy of this Power of Attorney shall be as valid as a signed original copy.
IN WITNESS WHEREOF, I, CAROL E. BURKETT, set my hand this /4" day of April, 1999.
Carol E. Burkett
IAA/v,t
Further, the above=mentioned person, on the above date in our presence, signed this and declared
this instrument to be that person's power of attorney which now at the person's request, in the person's
presence, and in the presence of each other, we sign as witnesses.
WITNESS'
Document #: 151763.1
ITNESS:
COMMONWALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On April % ' , 1999, before me, a Notary Public, for the Commonwealth of
Pennsylvania, personally appeared GARY L. BURKETT, who in due form of law acknowledged the foregoing
general power of attorney to be her act and deed and desired that the same might be recorded or filed as
such.
WITNESS my hand and notarial seal the day and year aforesaid.
Document #: 151758.1
Notary Public
Jul. 31. 2014 8:48AM Cumberland County Sher rif No. 0876 P. 3
SHERIFF'S RETURN
CASE NO: 2014-00114 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OP FRANKLIN
BANK OF AMERICA
VS
CAROL E BURKETT
BENJAMIN SITES
REGULAR
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn
says, the within REINSTATED COMPLAINT
BURKETT CAROL E
DEFENDANT , at 0845:00 Hour,
at C 0 CATHY' SEIDERS POA
ERSBBUURG, PA 17201
CATHY SEIDERS POWER OF ATTY
according to law,
was served upon
the
on the 1st day of July , 2014
5i4.4.444,
by handing to
a true and attested copy of REINSTATED COMPLAINT
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's C sts:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
Sworn and Sue
t scribed to before
me th
day of
620(
7 A.D.
RICHARD D. M , o ryiPublio
Chambersburg Dom , Franklin County
My Commission 1:xplres Jon. 29, 2016
So Answers:
BENJAMIN SITES
By S�
Depu'� Sher f
07/18/2014
SHAPIRO AND DENARDO
h ..ia `r.P
:10 CATHY SEWERS, POA, 120 HILL TOP DRIVE, CHAME EXP: 07/1812014
Jul. 31. 2014 8:48AM Cumberland County Sher( if
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
No. 0876 P. 4
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
g_401,Dol C100,4144
st
:.•
'0,i:icier ha ortiirt
Richard W Stewart
Solicitor
Bank of America
vs.
Carol E Burkett (et al.)
SERVICE COVER SHEET
Service DeCi*; ' r,1,-Ts)Arait,ryra•••,* 'tiftartmostttr., •
Case Number
2014.1763
' ' . ..................._, ............___...
Category: Civil Action - Notice of Residential Mortgage Foreclosure Diversion Progrl Zone: 1 -
r. - ...•
Manner: Deputize i
..-.......—.... I Expires: I 07/18/2014 I Warrant:
..,... ... ........................... . .
. .. , .... . .. ........................ ... . . .........„........ .. . . , , . . .. ,
Notes: Please request a copy of tbaciP0A from Ms.Seiders and return to Cumberland
County Sheriff's Office. Thank you.
7-4. :igENTY.n: ; ...ANEW! Ifki
Name: ICarol Bur tett
Primary c/o Cathy. Solders, POA
Address: 120 Hill Top Drive
Chamberiburg, PA 17201
DOB:
Phone:
Alternate
Address:
Phone:
Served:
Adult in
Charge:
Personal!
Relation:
01310:
Deputy:
-Pt
kr" 111:311 tellgt!',111
tin In Charge • Posted • Other
Time:
Mileage:
!Attorney" cietooteuglignsu.pry,; , •, 441fidt9pr:•. t t
• 111)
Nemo: Shapiro lig Denardo
Phone: 1:615:278-8666---
sqrviCe AtiitWriAk'...- -'illM21111111Pe'.1"
Date:
(-7 Time:
t=u) Mileage:
Deputy:
*10.N014.017: *
JUN 2 3 2014
0
r
NO?
"Ai; • RUIN
UffSMICE
4 Now, June 20, 2014 I, Sheriff.' of CUM.rl
Oa. and- County, P-ennSyl-n to
a.le do . .................................... of Franklin CoUnly*
execute service of the documents herewith end make return thereof according lo law.
Return To:
c4 Cumberland County Sheriff Office
m One Courthouse Square
Carlisle, PA 17013
.A",}4'... •
Fmny R Anderson, Sheriff
C/0 CATHY SEIDERS, POA, 120 HILL TOP DRIVE, CHAME EXP: 0512312014
Jul. 31. 2014 8:4?AM Cumberland County Sherrif No. 0816 P. 5
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
of 1))%1 006
.4?
OFFICr pi relE sof EF0F.:
Richard W Stewart
Sofictfor
Bank of America
vs.
Carol E Burkett (et al.)
Case Number
2014-1763
SERVICE COVER SHEET
' Service pitays:. -
Category: Civil Action - Notice of Residential Mortgage Foreclosure Diversion Progrl Zone: I
Manner: Deputize 1 Exp!res j 06/2312014 1 Warrant:
Notes;
, ',PI jil
Serve
Name: Carol Burkett
• : .
Primary do Cathy,Selders, POA
Address: 120 Hill Tp Drive
Chambereburg, PA 17201
Phone: DOB:
_l L[44, ;
Alternate
Address:
Phone:
Name: Shapiro & Denardo
Suiits
Date:
Time:
Mileage:
0 Deputy:
Notes/
:
Served:
Adult In
Charge:
Relation:
Date:
Deputy:
Personally• Adult In Charge • Posted • Other
Time:
Mileage:
PhOhe; ***
*. •
•
................ • • • • • • • - • ....... • ........... . ....... .......... _ERWIN CCM SHERIFF'S OFF/C6 ..........
5 Now, April 25, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Franklin County to
execute service of the Documents herewith and make return thereof according to law.
hd Return To:
te Cumberland County Sheriffs Office
m One Courthouse Square
Carlisle, PA 17013 '
• 1.• 4.. 1 4 " I •
Ronny R Anderson, Sheriff
Jul. 31. 2014 8:4
Ronny R Anderson
Sherif
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
7AM Cumberland County Sherrif No. 0876 P. 2
SHERIFF'S OFFICE OF .CUMBERLAND COUNTY
E..4%1410 of Cnrufitri
404
OCFICE QFTHE 4HSRIFF
Bank of America
VS.
Carol E Burkett (et al.)
Case Number
2014-1783
•
SHERIFF'S RETURN OF SERVICE
04/02/2014 12:55 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiryr the within named Defendant to wit: Occupant, but was unable to locate the Defendant In
his bafliwiek,IThe Sheriff therefore returns the within requested Notice of Residential Mortgage
Foreclosure piversion Program and Complaint In Mortgage Foreclosure as "Not Found" at 132 North
Penn Street,IShippensburg Borough, Shippensburg, PA 17257. Residence is vacant.
04/22/2014 04:10 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search
and Inquiry for the within named Defendant to wit: Carol E Burkett, but was unable to locate the
Defendant In his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program end Complaint In Mortgage Foreclosure es "Not Served" at 2
Apache Drive, South Hampton, Shippensburg, PA 17257. Defendant Is blind and in a nursing home in
Shippensburg, daughter Cathy Seiders is POA and resides at 120 H16top Drive, Chambersburg, PA
17201 which Is located in Franklin County.
04/25/2014 Sheriff Ronni R Anderson, being duly sworn according to law, states he made diligent search end inquiry
for the within'named Defendant to wit: Carol Burkett, but was unable to locate the Defendant In the
Sheriffs bailck. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Notice of Req dentist Mortgaga•Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to faw.
08/2012014 The Sheriff oi Franklin County, being duly awom according to law, states he made diligent search and
inquiry for the, within named Defendant to wit: Carol Burkett, but was unable to locate the Defendant in his
balflwick Tha Franklin County Sheriff therefore returns the within requested Notice of Residential
Mortgage Forlisclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served'' at c/o
Cathy Seidel, POA, 120 Hill Top Drive, Chambersburg, PA 17201.
*Per phone from Cumberland County Sheriff's Office, no retum received, no attempts were made.
08/20/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and Inquiry
for the within named Defendant to wit: Carol Burkett, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure
according to law. •
07/2212014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In
Mortgage Foreclosure served by the Sheriff of Franklin County upon Carol Burkett, personally, at c/o
Cathy Selders, POA, Franklin Coutny Sheriffs Office, 157 Lincoln Way East, Chambersburg, PA 17201.
Dane Anthony, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: 5121.80
July 22, 2014
t1 Co rySkaaShaar,Td v4.
SO ANSWERS,
'1/4V4---------
RONNy R ANDERSON, SHERIFF
B&R
Services for Professionals Inc.
Bank of America, N.A., et al
-vs-
Carol E. Burkett, et al
235 SOUTH 13TH STREET
PHILADELPHIA, PA 19107
PHONE: (215) 546-7400
FAX: (215) 985-0169
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA:
COURT
N RV
National Association of Philadelphia Association
Professional Process Servers of Professional Process Servers
Court of Common Pleas of Pennsylvania
COUNTY Cumberland County
CASE NUMBER 14-1763 Civil
AFFIDAVIT OF SERVICE
B&R Control # CS119356 -1
Reference Number 14-045170
SERVICE INFORMATION
On 28 day of October, 2014 we received the
Notice of Sheriff Sale
for service upon Carol E. Burkett, as Exec of Gary L. Burkett Estate,
deed
at 120 Hill Top Drive Chambersburg, PA 17201
***Special Instructions ***
n Served Date Time
In the manner described below.
Personally served.
Adult family member. Relationship is
Accepted By:
Adult in charge of residence who refused to give name and/or relationship.
Manager/Clerk of place of residence lodging
Agent or person in charge of office or usual place of business
Other
Description of Person Age Height
Other
Not Served Date I1 )1r46,/ Li Time ld :S7 P
Not Served Information
I
Moved
/,lalol o/V.
/1 let ofu{
II
Unknown [� No Answer
//:3S/ 411
S:a/ ,IM
Weight Race
Sex
Vacant Other
n),i/aoi/ /a.!a 5' PPS
f f 1 $lac /V ?:5-7 tali
The Process Server, being duly sworn,
deposes and says that the facts set forth
herein are true and correct to the best of their
knowledge, information and belief.
Process Server .-rt
Tvd kfp n rr
Law Firm Phone (610)278-6800 Fo
Bradley J Osborne, Esquire
Shapiro and DeNardo LLC
3600 Horizon Drive
Suite 150
King of Prussia, PA 19406
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Brittany Edcius, Notary Public
ower Paxton Township, Dauphin County
My commission expires April 11, 2018
Sworn to and subscribed before me this
day of KbVtnem t9tri
J
Notary Public
ServeBy Date 11/27/2014
Filed Date
Sale 3/4/2015
ORIGINAL
EXA,b(t ‘61'
301 IMG
CONFIDENTIAL
INVESTIGATIVE
SERVICES INC
Meghan Williams
Shapiro & DeNardo, LLC
3600 Horizon Drive, Suite 150
Ktng of Prussia, Pennsylvania 19406
Your Fite No.: 14-045170 — Burkett
Dear Ms. Williams:
Pursuant to your request, effort was made to determine if an Estate w
County, PA regarding Carol E. Burkett.
December 22, 2014
-sed in Cumberland
Prior t requesting the search, I did perform a search of the Social Security Administration Death
Index and it was learned that Carol E. Burkett passed away on November 11,2014.
A request was then forwarded to the Cumberland County Register of Wills to determine if ar
Estate had been raised. A response was received indicating no Estate has been opened as of December
18, 2014. Please see enclosed, our correspondence, with notation from the Cumberland County
Register of Wills office.
Should you have any Questions, please do not hesitate to Contact me.
Very truly your;
Diane L. Cowan, CLI, CCDI
Enclosure
DLC/jn
235 South I3th Street
Philadelphia, PA 19107
(215) 546-7400
(800) 503-7400
Fax (215) 985-0169
Lisa M. Grayson, Esq.
RgiserofWi11s &
Clerk ofOrphansCourt
Marjorie A. Wevodau
First Deputy
Wayne M. Peeht, Esq.
Solicitor
One Courthouse Square, Suite 102
Carlisle, PA 17013
Phone: (717) 240-6345
Fax (717)240-7797
OFFICES OF
litegideit af W1� &eeedi af the Oftpfuoto' &twit
etunftedcuui eatutty
RESPONSE TO RESEARCH REQUEST
December 18, 2014
NAME TO BE RESEARCHED CAROL E.
0 AN ESTATE WAS OCATED
Decedent Name:
Estate No.:
Date Filed:
Date Granted:
Personal Representative:
Address:
City, State, Zip:
Attorney Name:
Address:
City, State, Zip:
Telephone:
KET
tS) NO RECORD OF PROBATE
O NEED MORE INFORMATION 1'O CONDUCT SEARCH
O FEE REQUIRED.
Please forward a check in the amount of $5 per name to be searched. Make check
payable to Register of Wills and included a self-addressed stamped envelope.
El YOUR RECEIPT IS ENCLOSED.
O COMMENTS:
NOTE: The fee to file a claim against an estate is 510. See our website for the Notice
of Claim form. (www.ccpa.net - search for Notice of Claim)