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HomeMy WebLinkAbout14-4510 Supreme Court of Pennsylvania Court of Common Pleas 1-,or Prothonottuy UseOnk: Civil Cover Sheet Docket No: �� �\ Cumberland County � U The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lmv or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E Lead Plaintiff sName: Lead Defendant's Name: The Unknown Heirs, Executo s C Deutsche Bank Trust Company Americas and Devisees of the Estate of Roger J. Cri t T Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? 0 Yes 0 No (check one) Moutside arbitration limits 0 N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff/Appellant's Attorney: Edward J. McKee, Esquire 0 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) El Employment Dispute: 0 Slander/Libel/Defamation Discrimination C 0 Other: rl Employment Dispute:Other Q Zoning Board T 0 Other: I ❑ Other: O MASS TORT 0 Asbestos N 0 Tobacco Fj Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: ❑ Ejectment El Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute ❑ Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition ❑Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 STEVEN K.EISENBERG,ESQUIRE(75736) ` M.TROY FREEDMAN,ESQUIRE(85165) fly AUC 3 LESLIE J. RASE,ESQUIRE(58365)ANDREW J.MARLEY, yB Q�l . RE(312314) JACQUELINE F MCNALLY,ESQUIRE(201332) P SYtV �'Q(/'�r - r THOMAS F. GALLAGHER,ESQUIRE(316368) Y� qNlq EDWARD J.McKEE,ESQUIRE(31672 1) STERN&EISENBERQ PC 1581 MAIN STREET,SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank Trust Company Americas, as Civil Action Number: Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-QS12, by its servicer Ocwen Loan Servicing, LLC Complaint in Mortgage Foreclosure 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 (Plaintiff) v. The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Crist 107 Grant Street Enola, PA 17025-2529 (Defendant(s)) CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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(2) arK4 S It 9.7� 908�f a#' �� 1'oqa a8 entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle,PA 17013 (800)990-9108 STEVEN K. EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J. RASE,ESQUIRE(58365) ANDREW J. MARLEY,ESQUIRE(312314) JACQUELINE F.MCNALLY,ESQUIRE(201332) THOMAS F. GALLAGHER,ESQUIRE(316368) EDWARD J.MCKEE,ESQUIRE(31672 1) STERN&EISENBERQ PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank Trust Company Americas, as Civil Action Number: Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-QS 12, by its servicer Ocwen Loan Servicing, LLC Complaint in Mortgage Foreclosure 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 (Plaintiff) v. The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Crist 107 Grant Street Enola, PA 17025-2529 (Defendant(s)) CIVIL ACTION —MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si usted defend against the claims set forth in the quiere defenderse de estas demandas expuestas en following pages, you must take action within las paginas siguientes, usted tiene veinte (20) dias twenty (20) days after this complaint and notice de plazo al partir de la fecha de la demanda y la are served by entering a written appearance notificacion. Hace falta asentar una comparencia personally or by attorney and filing in writing escrita o en persona o con un abogado y entregar a with the court your defenses or objections to the la corte en forma escrita sus defensas o sus claims set forth against you. You are warned that objeciones a las demandas en contra de su if you fail to do so the case may proceed without persona. Sea avisado que si usted no se defiende, you and a judgment may be entered against you la corte tomara medidas y puede continuar la by the court without further notice for any money demanda en contra suya sin previo aviso o claimed in the complaint or for any other claim or notificacion. Ademas, la corte puede decidir a relief requested by the plaintiff. You may lose favor del demandante y requiere que usted cumpla money or property or other rights important to con todas las provisiones de esta demanda. Usted you. puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE Lleva esta demanda a un abogado A LAWYER, OR CANNOT AFFORD ONE, GO inmediatamente. Si no tiene abogado o si no tiene TO OR TELEPHONE THE OFFICE SET FORTH el dinero suficiente de pagar tal servicio, vaya en BELOW TO FIND OUT WHERE YOU CAN persona o llame por telefono a la oficina cuya GET LEGAL HELP. THIS OFFICE CAN direccion se encuentra escrita abajo para averiguar PROVIDE YOU WITH INFORMATION donde se puede conseguir asistencia legal. ABOUT HIRING A LAWYER. IF YOU CANNOTAFFORD TO HIREA LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION A B 0 UT A GENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise,the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter,this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY(AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE (OR OTHER SECURED OBLIGATION)AND HAVE NOT REAFFIRMED THE DEBT)THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY(SECURED PROPERTY). STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J. RASE,ESQUIRE(58365) ANDREW J.MARLEY,ESQUIRE(312314) JACQUELINE F.MCNALLY,ESQUIRE(201332) THOMAS F. GALLAGHER,ESQUIRE(316368) EDWARD J. MCKEE,ESQUIRE(31672 1) STERN&EISENBERG,PC 1581 MAIN STREET, SUITE 200 THE SHOPS AT VALLEY SQUARE WARRINGTON,PA 18976 TELEPHONE: (215)572-8111 FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank Trust Company Americas, as Civil Action Number: Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-QS 12, by its servicer Ocwen Loan Servicing, LLC 'Complaint in Mortgage Foreclosure 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 (Plaintiff) V. The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Crist 107 Grant Street Enola, PA 17025-2529 (Defendant(s)) COMPLAINT CIVIL ACTION—MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-QS 12, by its servicer Ocwen Loan Servicing, LLC (hereinafter referred to as "Deutsche Bank Trust Company Americas, by its servicer, Ocwen Loan Servicing, LLC") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. The Defendant(s), The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Crist, adult individuals with a last-known address of 107 Grant Street, Enola, PA 17025-2529. 3. Under the date of 06/20/2005, the defendant, Roger J. Crist,, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Homecomings Financial Network, Inc. a mortgage upon the property 107 Grant Street, Enola, PA 17025 (the "Property") to secure the payment of the sum of$82,650.00. The said mortgage was recorded in the Office for the Recorder of Deeds in and for Cumberland County, Pennsylvania on 06/28/2005, at Book 1912, Page 1697, and is incorporated herein by reference as though set forth at length herein. A true and accurate copy of said Mortgage is attached hereto and made a part hereof as Exhibit "A". 4. Assignment transferring the mortgage originally with Mortgage Electronic Registration Systems, Inc. as Nominee for Homecomings Financial Network, Inc. (Originating Lender) is as follows: i. Assignment from Mortgage Electronic Registration Systems, Inc. as nominee for Homecomings Financial Network, Inc., its successors and assigns to Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-QS 12 was prepared and is in the process of being recorded in The Office Of The Recorder Of Deeds in and for Cumberland County, Pennsylvania. 5. Roger J. Crist has departed his life on 01/17/2013. As a result, defendants The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Crist are the real owners of Property 107 Grant Street, Enola, PA 17025. 6. In accordance with Pennsylvania law, pre-foreclosure notices (Act 91/Act 6 as may be applicable) were not required as mortgagor is deceased 7. The said loan is in default as a result of the failure to pay the monthly installment due on June O1, 2013 and each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE: ..................................................................$82,294.12 INTEREST TO THE DATE OF 07/02/2014 AT THE CURRENT RATE OF 6.6250% (CURRENTLYA PER DIEM OF $15.14) ........................................$6,375.76 ESCROW ADVANCES:....................................................................$2,809.90 BPOS/APPRAISALS: .......................................................................$100.00 PROPERTY INSPECTION:..............................................................$102.00 PROPERTY PRESERVATION:.........................................................$1,030.00 LATE CHARGES ACCRUED TO 07/02/2014:................................$295.32 (LATE CHARGES AFTER 07/01/2014 SHALL ACCRUE AT THE MONTHLY RATE OF $22.72) TOTALDUE:.....................................................................................$93,007.10 Attorney fees and costs are allowed in conformity with the mortgage documents and Pennsylvania law, and Plaintiff reserves the right to recover these amounts incurred and to be incurred in bringing and maintaining this action. WHEREFORE, Plaintiff requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property for the sum of$93,007.10 and all other amounts set forth above, less any suspense as set forth above,together with record costs, and any other amounts that accrue including, but not limited to, attorney fees and costs over the course of the instant matter, and for the foreclosure and sale of the mortgaged property. ReSD=tftilly ubmitted: By: ❑ Steven K. Eisenberg,Esquire(75736) ❑ M.Troy Freedman, Esquire(85165) Andrew J. Marley,Esquire(312314) ❑ Thomas F. Gallagher, Esquire(316368) 1xL Edward J. McKee, Esquire(316721) Stern& Eisenberg, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 Phone: (215) 572-8111 Facsimile: (215) 572-5025 tfreedman@sterneisenberg.com Date: 7/a q/1`1 Re: The Unknown Heirs,Executors and Devisees of the Estate of Roger J. Crist 107 Grant Street, Enola,PA 17025 XXXXX90191 VERIFICATION I, Duane Thompson, Contract Management Coordinator of Ocwen Loan Servicing, LLC ("Ocwen"), the duly authorized servicing agent for Deutsche Bank Trust Company Americas,as Trustee for Residential Accredit Loans,Inc.,Mortgage Asset-Backed Pass-Through Certificates, Series 2005-QS 12, am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record,this verification is based upon a review of the business records regularly created,kept and maintained in the course of Ocwen's mortgage servicing business conducted on Plaintiffs behalf. In making this verification,I understand that it is a crime under 18 Pa.C.S. Section 4904 to make a written statement to a public servant,or to invite a public servant's reliance upon a written statement or instrument,which I do not believe to be true or which I know to be false. ,&,. Name: Duane Thompson Title: Contract Management Coordinator Deutsche Bank Trust Company Americas,as Trustee for Residential Accredit Loans,Inc.,Mortgage Asset-Backed Pass-Through Certificates,Series 2005- QS 12,by its servicer Ocwen Loan Servicing,LLC i E 11 JUN 28 a[I 10 59 Prepared By: HOMECOMINGS FINANCIAL NETWORK, INC. 9 Sylvan Way, Suite. 310 Parsippany, NJ 07054 Return To: HOMECOMINGS FINANCIAL NETWORK, INC. One Meridian Crossing, Ste. 100 Minneapolis MN 55423 Loon Numtror: 042-449n19.1 107 GRANT STREET, ENOLA, PA 17025 Parcel Number: Premises: APN #1: 09-14-0834-142 APN #2: [Space Above 71 is Line For Recording Data] MORTGAGE MIN 100062604244901916 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defuted in Sections 3, 11, 13, 18, 20 and 21.Certain rules regarding the usage of words used in this document are also provided in Section 16- (A)"Security Instrument"means this document,which is dated JUNE 20TH, 2005 together with all Riders to this document, (B)"Borrower"is ROGER J. GRIST, A SINGLE MAN Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument,MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Boa 2026,Flint M148501-2026,tel. (888)679-MERS. PENNSYLVANIA-Single Family•Fannie Mee/Freddie Mee UNIFORM INSTRUMENT WITH MERS Farm 3039 1104 II A7770(04/2005) / 042.449019-1 8AMA1 moll VMp MM9y.SoMion.,Inc.1800182i•71er EXHIBIT BK1912PG1697 E i (D)"Lender"is HOMECOMINGS FINANCIAL NETWORK, INC. Lender is a CORPORATION organized and existing under the laws of DELAWARE Lender's address is 9 SYLVAN WAY, SUITE 100 PARSIPPANY, NJ 07054 (E)"Note"means the promissory note signed by Borrower and dated JUNE 20Th, 2005 The Note states that Borrower owes Lender EIGHTY TWO THOUSAND SIX HUNDRED FIFTY AND NO/100 Dollars (U.S.$ 82,G50.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 1ST, 2035 (P) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (Fn "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider Condominium Rider ❑Second Home Rider ❑Balloon Rider Planned Unit Development Rider 1-4 Family Rider ❑VA Rider 0 Biweekly Payment Rider Other(s)[specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (,I)"Community Association Durr,Fees,and Assessments"[Weans all dues, fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I) "Electronic Funds Transfer" meats any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L)"Escrow Items"means those items that are described in Section 3. (11'17"Miscellaneous Proceeds"means any compensation, settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or(iv)misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (0)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. MFPA7770(042005) / 042-449019-I 1t-GAIPAI loeozi P. 2� ie Form 3039 1101 BK 19 1 2PG 1 698 (P) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.)and its implementing regulation, Regulation X(24 C.F.R. Part 3500), as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that arc imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (Q) "Successor In Interest of Borrower"means any party that has taken title to the Property,whether or not that parry has assumed Borrower's obligations under the(vote and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose,Borrower does hereby mortgage, grant and convey to 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 the COUNTY [Type of Recording Jurisdicaon] of CUMBERLAND [Name of Reeotding Jurlidicrionl: Legal description attached hereto and made a part hereof which currently has the address of 107 GRANT STREET ISveetl ENOLA [City],Pennsylvania 17025 (Zip Code[ ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtertanzes, 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 Instniment 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 thr35e interests, including, but not limited to, the right to foreclose and sell the Property;and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. MPPA777U(0412005) 1 042-449U19.1 CVA(PAI co602i P"3of 16 Farm 3039 1101 BK 19 1 2PG 1 699 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real Property, UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note.Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the'dote and this Security Instrument shall be made in U.S. currency.However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fortes, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.if not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b)principal due under the Note; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the,1textent that, each payment MFYA7770(0412005) 1 042449019-I mew,.Y),�y Ct-6AIPAl Jos021 P.9.a of 19 Form 3039 1101 9K 19 1 2FG 1 700 can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property, if any;(c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal[conte Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Bnrmwer interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lander can agree in writing, however, that interest N%PA7770(OV2005) / 042-449019-1 C-6AWA)mozi e.y.a of ie Farm 3039 1101 BK 191 2PG 1 70 1 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a mariner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by,or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services, or(b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. MFPA777a(04noos) 1 042-449019-1 11111.4; 2 ®-BAWAI 105021 P. a ie Form 3039 1101 EK 19 12 � 11 702 if Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Leader, but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Nate rate from the date of disbursement and shall be payable, with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to LcndCr's right to disapprove such policies, shall include a standard mortgage clause, and shall name Leader as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates.If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,any insurance proceeds, whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Under shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third panics, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will begirt when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. MFPA7770(0412005) J 042-449019-I CVA(PAIpoor o.w r is Form 3039 1101 OK 19 1 2PG i 703 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender tray disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may snake reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Botlrlwer's occupancy of the Property as Borrower's principal residence, 9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions, and have utilities turned on or off.Although Lender may take action under this Section 9,Lender does not have to do so and its not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. MFPA7770(04/2005) / 042-049019-1 ®$A(PA)(oaoz) vase a ai ra Fort 3039 1101 Tv SK 19 1 2FG 1 704 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. "These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Tmurantx,If Lerdcr required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lctlder shall not be required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Morgage Insurance reimburses Larder(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties U1at share or modify their risk,or reduce losses.These agreements an on ttrrrs and conditions that are satisfactory to the mortgage insurer and the other party(or panics)to these agreements.-These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another irsurer, any rcimurer, any other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characicrized as) a portion of Borrower's payments for Mortgage insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing loccet. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premium paid to the insurer,the arrangement is often termed'captive reinsurance.-Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage insurance,or tiny other terms of the Loan. Such agreements will not incase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. M"A7770(0412005) / 042-449019-1 �„nw,:,`f/C -8A(PA)t05021 v.v t o,16 FOTM 3038 1101 BK 19 1 2PG 1 705 (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to rticeive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,fender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or tamings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument, whether or not then due, with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,unless Borrower and Linder otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before.the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, If acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be MFPA7770(04/2005) ! 042-449019-1 i��ri,i,_ J C ®-6AIPAI Io5o2; Pp 10d 16 Form 3039 1101 BK 19 12 FG 17 0 6 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights tinder this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time for payment or modification of amortization of the sures secured by this Security Instrument granted by Leander to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any tight or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13, Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing.and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges, Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but not limited to,attorneys' fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable law_ If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note), Borrower's acceptance of any such refund trade by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to MFPA7770(04/2005) 1 042149019-1 k(l ®-BA(PA)robozi P.Q.a of re Form 3039 1101 BK1912PG1707 have been given to Borrower when mailed by first class[nail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Commuction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations coruained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b)words in the singular shall mean and include the plural and vice versa; and (c)the word "may" gives sole discretion without any obligation to take any action. 17,Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument, 18, Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property, including,but not limited to, those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all starts secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all suns secured by this Security Instrument. If Borrower fails to pay these surra prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law [night specify for the termination of Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenantq or MIYA7770(04/7005) f 042-049019-1 nn+.��✓ CVAMA)M021 Pe 12 of 16 Form 3039 1M BX 19 1 2PG 1 708 agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged. Lender may require that Borrower pay such teinstatetnent stems and expenses in one or more of the following forms, as selected by Lender: (a)cash; (b) money order; (c) certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity;or(d)Electronic Funds Transfer Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall retrain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instmnaeru)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Under may commence,join, or be joined to any judicial action(as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Scetion 15)of such alleged breath and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d) m "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, MFPA7770(0412005) / 042449019-1 1-4._ /r LJC ®-SAIPAIro5ozi en.13016 Forth 3038 1101 BK 19 1 2PG 1 709 Borrower shall not cause or permit the presence,use,disposal,storage, or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do, nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condition,or(c)which,due to the present.use,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the ppresence, use, or storage on the Property of small quantities of Hazardous Substances that are enerall recognized to be appropriate to normal rtsidential uses and to maintenance of the Property(incgluding,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual Imowfedge, (b) any Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any jovemmental or regulatory authority,or any private party,that an removal or other remediation of any E azardous Substance affecting the Property is necessary,Borrower shall promptly take ecall necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lader further covenant and agree as follows: 22.Acceleration;Remedies.Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other things:(a)the default;(b)the action required to cure the default;(e)when the default mutt be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured byy this Security instrument,foreclosure by Judicial proceeding and sale of the Property.Lender shall fturihtr Inform Borrower of the right to reinstate aftr acceleration and the r4;t1 to assert in the foreclosure p the non-existence of a default or any other defense of Borrower to acceleration and foreclosureIf t . he default is not cured as specified,Lender at its option may require Immediate payment in Hull of all scans secured by this Socttrity Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect an experrm Incurred In pursuing the remedies provided in this Section 22, Including, but not timited to, attorneys' fns and costa of title evidence to the extent permitted by Applicable Law. 23. Release.Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. LvWer may charge Borrower a fee for releasing this Sccority Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24.Waivers. Borrower,to the extent(tertrined by Applicable Law,waives and releases any error or defects in proceedings to enforce this Security Instrutncret,and hereby waives the benefit of any presto or future laws providing for stay of cxccution,extension of time,exemption from attachment,levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinsure provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's We or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tide to the Property,this Security Instrument shall be a purchase money mortgage. 27.Interest Rate After Judgment,Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. M"A7770(04/2005) t 042-449019-1 t/C d C (M-GAIPA)mon NO 14.(ee Form 3039 1101 8K1912PG1710 BY SIGNING BELOW, Borrower accepts acid agroes to the terms and covenants contain d in this Security Instrument and in any Rider cx=tod by Borrower and recorded with it. Witnesses: •(/d vN` (Sea]) �L ROG J. RIST -Borman (Seal) -Bortoav (Seal) (Seal) -Borrower -Bor ow r (Seal) (Seal) Borrower -Bormaer (Seal) (Seal) -Borrower -Borrower WTA7770(012005) ! 092.449019.1 Ct-0A(PA)imozi ►.o•raa re Form 3038 1101 BK1912PG171 1 COMMONWEALTH OF PENNSYLVANIA, ♦�/�J�Q � County ss: On this,the day of J v IIJK- 2 005,before me,the undersigned officer,personally appeared ROGER J. CRIST, A SINGLE MAN known to me(or satisfactorily proven) to be the person(s) whose namc(s) is/are subscribed to the within instniment and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SGAL Mlchaol R.Martin,Notaryry Pudic Penn Township,Yong County My Oommisslon Uplres ON:*1,'poo r Title of Officer Certificate of Residence �S��S` 1. T� YJ ,do hereby certify that 0 Boa the correct address of the within-named Mortgagee is 211026,Flint,MI 48501-2026. V Witness my hand this �� day of une-- 2005 . Agcnt of Mongagee MPPA7770(04/2005) 1 042449019-I ®-OA(PAi(05021 pw.16W(s Form 3039 1101 SK { 9i2PGi712 EXHIBIT"A" ALL that certain lot or tract of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a point on the westerly line of Grant Street at a distance of 144.65 feet measured in a southerly direction from the southwest corner of Fulton Street and Grant Street;thence South 79 degrees 30 minutes West along the line of Lot No.8 on the hereinafter mentioned Pian 140 feet to a point on the easterly line of a 15 foot alley;thence South 10 degrees 30 minutes East along said alley 55 feet to a point;thence North 79 degrees 30 minutes East 140 feet to a point on the westerly line of Grant Street;thence along Grant Street North 10 degrees 30 minutes West 55 feet to a point,the place of BEGINNING. BEING Lot No. 7 and the northerly half of Lot No. 6, Section"E",as shown on Plan No. 3 of Hoopy's Addition to Enola,said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 1,Page 97. HAVING thereon erected a one and one-half story frame house known as 107 Grant Street. 1 Certify this to he recorded In Cumberland County PA 6Kl912PG1713 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 1:111U-OFFICE SheriffOF THE PROTHONOT i 's' Jody S Smith Chief Deputy #` `' 20 14 AUG 15 All °9' 31 ? Richard W Stewart rUMBFREANO COUNTY Solicitor OFFICE CF PENNSYLVANIA Deutsche Bank Trust Company vs. The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Cr Case Number 2014-4510 SHERIFF'S RETURN OF SERVICE 08/08/2014 08:09 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: The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Cr, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 107 Grant Street, East Pennsboro, Enola, PA 17025. Residence is vacant. SHERIFF COST: $49.95 SO ANSWERS, August 12, 2014 RONNY R ANDERSON, SHERIFF q CountySuite Sheriff, Toleosoff, Inc. STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) ANDREW J. MARLEY, ESQUIRE (312314) EDWARD J. MCKEE, ESQUIRE (316721) WILLIAM E. GALLAGHER, ESQUIRE (308951) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) JF "ILEO-OFFILL. E PRO-THONO 21111, SEP 17 PH 1:22 CUMBERLAND COUNT)/ PENN° YLVANIA IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset -Backed Pass -Through Certificates, Series 2005-QS12, by its servicer Ocwen Loan Servicing, LLC (Plaintiff) V. The Unknown Heirs, Executors and Devisees of the Estate of Rodger J. Crist (Defendant(s)) 9/15/14 Civil Action No. 14-4510 Civil PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. BY: ED ARD J. MCKEE, E Q. Attorney for Plaintiff J: \ ANGELA \ REINSTATEMENTS \ CUMBERLAND \ CRIST.ROGER.9.14.DOC a,\\.-Iscx Dcl rUO nkk" Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE. F/�� Ty��^" ''` /HONO:TAR - MAp7~/ PW 2:[/ CUMBERLAND COUNTY - yPcNNSY^VAN/A Cirimtlew v `14 • OFFIGE OF 'THE $KERIFF Deutsche Bank TrusCompany vs. The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Cr (et aL) Case Numbe 2O14^4G1O SHERIFF'S RETURN OF SERVICE 09/ 17/2014 Sheriff Ronny R Anderson, being duly sworn accordto lawstates he made diligent search andinquiry for the within named Defendant to wit: The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Cr, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 0EV17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors, an Deviees of the Estate of Roger J. Cri, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 09/22/2014 The Sheriff of Lancaster County, being duly sworn according to law, states he made diligentsearch and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors, an Deviees of the Estate of Roger J. Cri, but was unable to locate the Defendant in his bailiwick. The Lancaster County Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Served" at c/o Edna M. Crist a/k/a Edna M. Eberly, 1815 Litiz Pike, Lancaster, PA 17601. 09/22/2014 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster County upon Jennifer Crist, Wife , who accepted for The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Cr, at c/o James E. Crist, 1815 Litiz Pike, Lancaster, PA 17601. Mark Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, September 25, 2014 RON R ANDERSON, SHERIFF (c) CountySuits Sheriff, Toleosoft, Inc. SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese Brad Harris Sheriff Solicitor Charles Hamilton James Montanez Chief Deputy Lieutenant DEUTSCHE BANK NATIONAL TRUST COMPANY vs. EDNA M CRIST, AKA EBERLY (et al.) Case Number 2014-4510 SHERIFF'S RETURN OF SERVICE 09/22/2014 10:07 AM - I, 'DEPUTY TRAVIS SCHMALHOFER, BEING DULY SWORN ACCORDING TO LAW, STATES I MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: EDNA M GRIST, AKA EBERLY, BUT WAS UNABLE TO LOCATE THE DEFENDANT. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT UNKNOWN HEIRS, EXECUTORS/DEVISEES, 1815 LITITZ PIKE, LANCASTER, PA 17601, JENNIFER CRIST (RESIDENT) KNOWS DEF BUT DOES NOT KNOW HER EXACT ADDRESS (IT IS IN COLUMBIA) AND WILL NOT SEE HER ANYTIME SOON. VIS ALELOFER,_DEPIJTY 09/22/2014 10:07 AM - SERVED THE COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY HANDING A COPY TO JENNIFER CRIST (WIFE), WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR JAMES E CRISTAT UNKNOWN HEIRS. EXECUTORS/DEVISEES, 1815 LITITZ PIKE, LANCASTER, PA 17601. SO ANSWERS: DEPUTY TRAVIS SCHMALHOFER, DEPUTY SHERIFF OF LANCASTER COUNTY, PA. SHERIFF COST: $70.10 September 23, 2014 DATE CATEGORY MEMO 09/19/2014 Advance Fee Advance Fee 09/19/2014 Receiving, Docketing & Return 09/19/2014 Service 09/19/2014 Affidavit 09/19/2014 Deputy Time 2X 09/19/2014 Copies 2X 09/19/2014 Service (Additional Defendant) 09/19/2014 Affidavit - Additional Fees 09/22/2014 Service Mileage 09/23/2014 Not Found Return 09/23/2014 Refund COSTS vis S1CIMALHOFER, DEPUTY SO ANSWERS, 04.404— MARK S. REESE, SHERIFF CHK # DEBIT CREDIT 10919 $0.00 $150.00 $9.00 $0.00 $9.00 $0.00 $2.50 $0.00 $20.00 $0.00 $12.00 $0.00 $6.00 $0.00 $1.00 $0.00 $5.60 $0.00 $5.00 $0.00 $79.90 $0.00 BALANCE: $150.00 $150.00 $0.00 [ Plaintiff Aifoiney: STERNAND EISENBERG, PC, 1581 MAIN STREET SUITE 200, WARRINGTON, PA 18976 (c) CountySuffe Sheriff, Teleosoft. Inc Mark S. Reese Sheriff. Charles Hamilton Chief Deputy SHERIFF'S OFFICE OF LANCASTER COUNTY 0 Brad Harris Solicitor James Montanez Lieutenant DEUTSCHE BANK NATIONAL TRUST COMPANY vs. EDNA M CRIST, AKA EBERLY (et al.) Case Number 2014-4510 SERVICE COVER SHEET I IIIIquesIIII1111111111111111111111111IIIt IIIII IMI[ III re IIIIIIII I 1111111111111111111111111111)111111111 service IIIII n Cl) 111111111111 1 1 1 1 1 1 111 E 111111111111111111111111011 [ I l l m Service Details: Category: Manner: Notes: Origin: Cumberland County Civil Action - Complaint in Mortgage Foreclosure (CIMF) Adult in Charge Expires: 10/17/2014 Zone: Warrant: LCSO CLERK: YVETTE TURCO (717) 723-4519 MISC 2 OF 2 I Serve To: Name: Primary Address: Phone: Alternate Address: Phone: JAMES E CRIST UNKNOWN HEIRS. EXECUTORS/DEVISEES 1815 LITITZ PIKE LANCASTER PA DOB: `Final Service: Served: Personally: Adult In Charge: Relation: Date: Deputy: C - •e • Posted • Other J r d 4, CrkS+ vu,c, IN( Time: Mileage: 10 [Attorney / Originator: Name: STERN AND EISENBERG, PC Phone: 215-572-8111 Service Attempts: Date: Time: Mileage: Deputy:Mall [Service Attempt Notes: 1. 2. 3. 4. 5. 6. (c) CountyStite Sheriff. Teleosoft. Inc. m JNKNOWN HEIRS. EXECUTORS/DEVISEES, 1815 LITITZ F EXP: 10/17/2014 ta nal (0 2 3 4 S 6 [Service Attempt Notes: 1. 2. 3. 4. 5. 6. (c) CountyStite Sheriff. Teleosoft. Inc. m JNKNOWN HEIRS. EXECUTORS/DEVISEES, 1815 LITITZ F EXP: 10/17/2014 [Final Service: SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese Sheriff Charles Hamilton Chief Deputy DEUTSCHE BANK NATIONAL TRUST COMPANY vs. EDNA M CRIST, AKA EBERLY (et al.) Brad Harris Solicitor James Montanez Lieutenant Case Number 2014-4510 SERVICE COVER SHEET IrequIIIIIIIestI IIII1 III 11111 11111 11111 11111 111111111111111111 !Service Details: Category: Manner: Notes: IIIIIIII II 11111111111 IIII! IIIII IIIII IIIII IIIII IIII IIII service Civil Action - Complaint in Mortgage Foreclosure (CIMF) Adult in Charge Expires: 10/17/2014 C) —4 1 1 1 1 1 1 111111 I!! 111 I I I l l l l I I I I! 1111111111 I I I I! I I ledI I I I I 34.ger Origin: Cumberland County Zone: Warrant: LCSO CLERK: YVETTE TURCO (717) 723-4519 MISC 1 OF 2 Serve To: Name: Primary Address: Phone: Alternate Address: Phone: EDNA M GRIST, AKA EBERLY UNKNOWN HEIRS, EXECUTORS/DEVISEES 1815 LITITZ PIKE LANCASTER PA 1760 B: Served: Personally • Adult In Charge Posted • Other Adult In Charge: Relation: Date: Deputy: Time: Mileage: Attorney I Originator: Name: STERN AND EISENBERG, PC Phone: 215-572-8111 Service Attempts: Date: Time: Mileage: Deputy: 1'f - r `Service Attempt Notes: 2 4 5 6 buy; Fee Cr o- kvt 2. .a_djcac a.(I re 5S Les :ez �u 3. 4. 5. 6. (d CaintySuite Sheriff, Teleosott. Inc. m m 0 z N 0 0 JNKNOWN HEIRS, EXECUTORS/DEVISEES, 1815 0 N 0 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) ANDREW J. MARLEY, ESQUIRE (312314) EDWARD J. MCKEE, ESQUIRE (316721) WILLIAM E. GALLAGHER, ESQUIRE (308951) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset -Backed Pass -Through Certificates, Series 2005-QS12, by its servicer Ocwen Loan Servicing, LLC (Plaintiff) v. The Unknown Heirs, Executors and Devisees of the Estate of Rodger J. Crist (Defendant(s)) 10/6/14 Civil Action No. 14-4510 Civil PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STERN & EISENBERG, PC RD J. MCKEE, ESQ. Attorney for Plaintiff BY: J: \ ANGELA \ REINSTATEMENTS \ CUMBERLAND \CRIST.ROGER.10.14.DOC PJ•eAl C/k4, OE a y' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,LEJ-C_ tic THE t ROT HONU'i. 2011i NOV -5 PH 3: 45 CUMBERLAND COUNTY OFFICE Or TN s M iF- PENNSYLVANIA Deutsche Bank Trust Company vs. The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Cr (et al.) Case Number 2014-4510 SHERIFF'S RETURN OF SERVICE 09/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors, an Deviees of the Estate of Roger J. Cri, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 09/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Cr, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 09/22/2014 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster County upon Jennifer Crist, Wife , who accepted for The Unknown Heirs, Executors and Devisees of the Estate of Roger J. Cr, at c/o James E. Crist, 1815 Litiz Pike, Lancaster, PA 17601. Mark Reese, Sheriff, Return of Service attached to and made part of the within record. 09/22/2014 The Sheriff of Lancaster County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors, an Deviees of the Estate of Roger J. Cri, but was unable to locate the Defendant in his bailiwick. The Lancaster County Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Served" at c/o Edna M. Crist a/k/a Edna M. Eberly, 1815 Litiz Pike, Lancaster, PA 17601. 10/23/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: The Unknown Heirs, Executors, an Deviees of the Estate of Roger J. Cri, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 11/05/2014 11:19 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Lancaster County upon The Unknown Heirs, Executors, an Deviees of the Estate of Roger J. Crist, personally, at c/o Edna M. Crist a/k/a Edna M. Eberly, 129 N. 2nd Street, Apt. 1, Columbia, PA 17512. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, -rad, November 05, 2014 RONNY R ANDERSON, SHERIFF (C) CounySui o Shentf, i eleosoit, inc Mark S: Rees Sheriff Charles Hamilton Chief Deputy SHERIFF'S OFFICE OF LANCASTER COUNTY Brad Harris Solicitor James Montanez Lieutenant DEUTSCHE BANK NATIONAL TRUST COMPANY vs. EDNA M CRIST, AKA EBERLY (et al.) Case Number 2014-4510 SHERIFF'S RETURN OF SERVICE 10/28/2014. Previous Address: UNKNOWN HEIRS, EXECUTORS/DEVISEES, COLUMBIA, PA, 17512 10/28/2014 11:19 AM - SERVED THE COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY PERSONAL SERVICE UPON EDNA M CRIST, AKA EBERLY AT UNKNOWN HEIRS, EXECUTORS/DEVISEES, 129 N 2ND STREET, APT 1, COLUMBIA, PA 17512. SO ANSWERS: DEPUTY CHARISSA LEPPLER, DEPUTY SHERIFF OF LANCASTER COUNTY, PA. itt4440aPige CHARISSA LEYPLER, DEPUTY SHERIFF COST: $48.82 SO ANSWERS, October 30, 2014 MARK S. REESE, SHERIFF r • COSTS DATE CATEGORY MEMO CHK # DEBIT CREDIT 10/27/2014 Advance Fee Advance Fee 11825 $0.00 $150.00 10/27/2014 Receiving, Docketing & Return $9.00 $0.00 10/27/2014 Service $9.00 $0.00 10/27/2014 Affidavit $2.50 $0.00 10/27/2014 Deputy Time $10.00 $0.00 10/27/2014 Copies • $6.00 $0.00 10/28/2014 Service Mileage .$12.32 $0.00 10/30/2014 Refund $101.18 $0.00 BALANCE: $150.00 $150.00 $0.00 [M Plaintiff Attorney: STERN AND EISENBERG, PC, 1581.MAIN STREET SUITE 200, WARRINGTON, PA 18976 (c) CountySuite Sheriff, Teleosofl, Inc.