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HomeMy WebLinkAbout14-5423 Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: tin Cumberland County 14-503 a-iu I clm The information collected on this form is used solely far court administration purposes. This form does not upplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Z Complaint D Writ of Summons Fj Petition S El Transfer from Another Jurisdiction [] Declaration of Taking E Lead Plaintiff's Name: Bank of America,N.A. Lead Defendant's Name: Michelle L. Davis C T Dollar Amount Requested: El within arbitration limits I Are money damages requested?: n Yes No (Check one) ®outside arbitration limits 0 1 N Is this a Class Action Suit? D Yes No I Is this an MDJ Appeal? D Yes Z 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 duc4gments) CIVIL APPEALS El Intentional n Buyer Plaintiff Administrative Agencies M Malicious Prosecution El Debt Collection: Credit Card D Board of Assessment n Motor Vehicle El Debt Collection: Other EI Board of Elections 0 Nuisance El Dept. of Transportation n Premises Liability El Statutory Appeal:Other S ❑ Product Liability(does not ❑ Employment Dispute: E include mass tort) Discrimination C El Slander/Libel/Defamation F-1 Employment Dispute:Other El Zoning Board ❑ Other: T F1 Other: 1 0 Other: 0 MASS TORT N M Asbestos F-1 Tobacco F1 Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS F1 Toxic Waste El Ejectment El Common Law/Statutory Arbitration B F-1 Other: ❑ Eminent Domain/Condemnation [I Declaratory Judgment ❑ Ground Rent E] Mandamus ❑ Landlord/Tenant Dispute El Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure:Commercial E] Quo Warranto n Dental F1 Partition ❑ Replevin F] Legal El Quiet Title ❑ Other: n Medical M Other: F1 Other Professional: Updated IMI/20_11 ti Y FORM 1 IN THE COURT OF COMMON PLEAS OF Bank of America,N.A. CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff(s) 54a3 �AvilTttm Vs. Michelle L. Davis 814 Bridge Street New Cumberland, PA 17070 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 t III ILI Date ttorneys or Plaintiff cprrtxrt;�.���rrr�LLY,� � FORM 2 V 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: CUSTOMER/PRIMARY 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? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household How Long? FINANCIAL • ' • First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes No If yes,provide names, location of court, case number& attorney i 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): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Ex enses: Please only include ex enses you are currentlya 'n EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. Payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /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: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating in financial situation for possible mortgage options. I/We understand that I/We am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF Bank of America,N.A. CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vS. Michelle L. Davis 814 Bridge Street New Cumberland, PA 17070 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 t FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this'day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendantiborrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendantiborrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendantiborrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the.parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT J. SHAPIRO&DeNARDO LLC 11- BY: CHRISTOPHER A. DeNARDO, ESQUIRE,ATTORNEY I.D.NO. 78447-`, CAITLIN M. DONNELLY, ESQUIRE,ATTORNEY I.D.NO. 311403 �,6 �a ��. 12 Fti1 2 9 BRADLEY J. OSBORNE,ATTORNEY I.D.NO. 312169 CHANDRA M. ARKEMA,ATTORNEY I.D.NO. 20343 7 C U M B E LAND C U'S i Y 3600 HORIZON DRIVE, SUITE 150 P L i�t S Y A KING OF PRUSSIA,PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 14-046716 Bank of America,N.A. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14 — s4a3 tvl( 1en n Michelle L. Davis ; 814 Bridge Street New Cumberland, PA 17070 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. Q 4115.r7-5 P p AT'-P et 140a4ag9 pt , 31/03/ 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 LISTED. 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. 14-046716 Bank of America,N.A. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Michelle L. Davis 814 Bridge Street New Cumberland, PA 17070 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Bank of America, N.A., the address of which is, 400 National 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 Franklin American Mortgage Company, its successors and assigns Mortage.gor(s): Michelle L. Davis (b) Date of Mortgage: August 25, 2010 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Document ID#201024926 Date: September 7, 2010 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., as nominee for Franklin American Mortgage Company, its successors and assigns Assignee: Bank of America,N.A. Date of Assignment: March 31, 2014 Recording Date: April 1, 2014 Instrument No.: 201406536 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 the current holder of the mortgage by operation of law. 3. The real property that is subject to the Mortgage is generally known as 814 Bridge Street, New Cumberland, PA 17070 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: Michelle L. Davis, 814 Bridge Street,New Cumberland, PA 17070. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 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 February 1, 2014 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 September 5, 2014: Principal Balance Due $83,403.02 Interest Currently Due and Owing at 5% $3,127.59 From January 1, 2014 through September 30, 2014 Late Charges $79.25 Escrow Advances $1,108.08 TOTAL $87,717.94 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 II 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 Promissory Note and Mortgage and for the foreclosure and sale of the mortgaged premises. f� SHAPIRO &DeNARDO, LLC Date: "I BY: ttorneys for Plaintiff S &D File No. 14-046716 ^_ T CMMXN M.DGIT QTLLY,ESQ ��. ����-�s Il�llliflllllllllllllllllll 1Jw' 001XT4 l� When Recorded Mail To: Franklin American Mortgage Company 501 Corporate Centre Drive, Suite 400 Franklin, Tennessee 37067 Tax Parcel Identification Number: 26-24-0811-328 [Space Above This Line For Recording Data] DAVIS Loan Numbed Case Numbe MORTGAGE THIS MORTGAGE ("Security Instrument") is given on AUGUST 25, 2010. The mortgagor is MICHELLE L. DAVIS, A SINGLE PERSON ("Borrower"). This Security Instrument is given to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS;INC. ("MERS") (SOLELY AS NOMINEE FOR LENDER, AS HEREIN � �R 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 POST OFFICE BOR 2026, FLINT, MICHIGAN 48501-2026, TELEPHONE (888)679-MFRS. FRANKLIN AMERICAN MORTGAGE COMPANY, a corporation organized and existing under the laws of TENNESSEE,and whose address is 501 CORPORATE CENTRE DRIVE, SUITE 400;FRANKLIN,TENNESSEE 37067("Lender"). Borrower owes Lender the principal sum of EIGHTY-SEVEN THOUSAND NINE HUNDRED NINETY-FIVE AND 00/100ths Dollars (U.S.$87,995.00). 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 SEPTEMBER 1,2040. This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note,with interest, and all renewals, extensions and modifications of the Note; (b)the payment of all other sums, with interest, advanced under Paragraph 7 to protect the security of this Security Instrument; and (e) 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: Rev 9/07 (696) Page 1 of 9 �i/� bit FHA Pennsylvania Mortgage LEGAL DESCrM"T10N ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 814 BRIDGE STREET NEW CUMBERLAND [street] [city] Pennsylvania 17070 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument;but, if necessary to comply with law or custom, MFRS(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 and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a.uniform security instrument covering real property. -2(696) Page 2 of 9 Rev.9/07 83- FHA Pennsylvania Mortgage Rev. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: I. 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. § 2601 et seg, 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 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Furth, to amortization of the principal of the Note; and '�,to late charges due under the Note. Rev2 9893(696) Page 3 of 9 FHA Pennsylvania Mortgage 4• Fite, Flood and Other Hazard Insurance. whether a Borrower shall insure all improvements on the Property, tire, for which in existence or subsequently erected, against any hazards, casualties, and contingencies, including ich Lender requires periods that Lender requires. Binsurance. This insurance shall be maintained in the amounts and for the orrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary.All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to,Lender. In the event of loss. Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly.All or any part of the insurance proceeds may be applied by Lender, at its option, either(a)to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or(b)to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. 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 SecurityInstrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such Proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal.Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2, or change the amount of such payments.Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. GV2083-4(696) Page 4 of 9 Rev.9/07 FHA Pennsylvania Mortgage 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 Iaws 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 Iien 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. 1701j-3(d))and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred(other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property,but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. GV208 -5(696) Page 5 of 9 FETA Pennsylvauia Mortgage (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 fail and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument.This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i)Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii)reinstatement will preclude foreclosure on different grounds in the future, or(iii)reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a)is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. OV2083-6(696) Page 6 of 9 FHA Pennsylvania Mortgage 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the Iaw of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 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. I£Borrower]earns, or is notified by any governmental or regulatory authority, that any removal or other remediation-of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Paragraph 16, "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents.However,prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a)all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b)Lender shall be entitled to collect and receive all of the rents of the Property; and(c)each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon,take control of or maintain the Property before or after giving notice of breach to Borrower.However,Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. OV2083-7(696) Page 7 of 9 FHA Pennsylvania Mortgage 18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph 18, ;-icluding,but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act")(12 U.S.C. 3751 et seq.)by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time,exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in Paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. (Check applicable box(es)] ❑Condominium Rider ❑Growing Equity Rider ❑Planned Unit Development Rider ❑Graduated Payment Rider ❑Other(s) (specify] GV2083-8(696) Page 8 of 9 FSA Pennsylvania Mortgage Rev.9/07 BY SIGNING BELOw, Borrower accepts and agrees to the terns and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. a GCSG � (Seal) (Seal) MICHELLE L.DAVIS -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Witn SeSt COMMONWEALTH OF PENNSYLVANIA, County ss: Vca-- On this, the day of 20jL\_, before me, ,i yvi.be r Q, -L-4-t I— the undersigned officer,personally appeared MICHELLE L. DAVIS known to me (or satisfactorily proven)to be the person whose name subscribed to the within instrument, and acknowledged that_he executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. IN WITNESS WHEREOF,I hereunto set my hand and official seat. (1Z�- Lu My Commission Expires:1V Title of Officer CERTIFICATE OF RESIDENCE I, f do hereby certify that the correct address of the within-named lender is 501 CORPORATE CENTRE DRIVE, SUITE 400,FRANKLIN, TENNESSEE 37067, witness my hand this 25TH day of AUGUST, 2010. ,Utl-NIONWEALTH OF PENNSYLVANIA Agent of Lender. Notortal coal Ambor R.Hop,Notary Public Crty of York,York County ft9y Oommisslon Expires Oct.26,2010 - :+: t'ennsylvania Assmallon of Notaries GV2083-9(696) Page 9 of 9 THA Pennsylvania Mortgage Rev.9107 ALL THAT CERTAIN parcel of land situate in the Borough of New Cumberland, (formerly bower Allen Township), . County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit~ BEING the northern one-half of Lot No. 87 in the addition of New Cumberland known as Plan of Elkwood; having a frontage of 19 Y2 feet on the west side of Bridge Street and extending back an even width throughout, 110 feet to the north side and 112 '/feet on the south side, being bounded on the north by land now or formerly of the Estate of Jacob D. Bentzel, and on the south by the southern half of Lot No. 87 aforesaid, on the east by Bridge Street and on the west by an alley. BEING known and numbered as 814 Bridge Street, New Cumberland, Pennsylvania. BEING THE SAME PREMISES which Meri Jo Hall and Jerry L Griffie, her husband, by deed dated January 31, 2005, recorded February 2, 2005 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 267, Page 2019,granted and conveyed unto David G. Kennedy, Grantor herein. By virtue of her marriage to David G. Kennerly, said Kimberly Kennerly does hereby join in Chic rnnuawanra fn rctinru rich 7nu right of a nr inforacf in cam mmnorhi ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE - CARLISLE,PA 17013 - Q 717-240-6370 Instrument Number-201024926 Recorded On 9/7/2010 At 2:45:18 PM *Total Pages-11 *Instrument Type-MORTGAGE Invoice Number-72245 User ID-ES *Mortgagor-DAVIS,MICHELLE L *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Customer-DETHLEFS *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $23.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES , of this Iegal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $74.00 I Certify this to be recorded in Cumberland County PA Op cu�yeF 0 " RECORDER O ZEDS V1ao *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001XT4 (111111111111111111111111111 t- A6 DAVIS Loan Number Case Number D NOTE AUGUST 25,2010 [Date] 814 BRIDGE STREET,NEW CUMBERLAND, PENNSYLVANIA 17070 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender"means FRANKLIN AMERICAN MORTGAGE COMPANY 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 EIGHTY-SEVEN THOUSAND NINE HUNDRED NINETY- L3 AND 00/100ths Dollars (U.S.$87,995.00), 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 percent(5.000%)per year until the full amount of principal has been paid. 3. PRONXISE 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. AL414NER OF PAYMENT (A)Time Borrower shall make a payment of principal and interest to Lender on the IST day of each month beginning on OCTOBER 1, 2010.Any principal and interest remaining on the IST day of SEPTE A1:BER, 2040, will be due on that date, which is called the "Maturity Date." (B)Place Payment shall be made at 501 CORPORATE CENTRE DRIVE, SUITE 400, FRANIKIAN, TENNESSEE 37067 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. $472.38. 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 the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box.] ❑Graduated Payment Allonge ❑Other[Specify] ❑Growing Equity Allonge FSA PENNSYLVANIA F=D RATE NOTE 6196 GV 1028 (page 1 of 3 pages) Rev.9107 S. 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. i 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 end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent(4.00%) 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 lay. 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. "Nonce of dishonor" means the right to require Lender to give notice to other persons that amounts due have j not been paid. 8. GIVING OF NOTICES Unless applicable lav 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. FHA PENNSYLVANIA FIXED RATE NOTE 6196 GV 1028 (page 2 of 3 pages) Rev.9/07 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) (Seal) MI LLE L.DAVIS -Borroww -B,urm:" (Seal) (Seal) -Borrower •Borrm cr [Sign Original Only] i PAY TO THE ORDER OF WITHOUT RECOURSE FRANKLIN AMR RICAN MORTGAGE COMPANY 33y: A-(4q-o F'emu& J. I-IX411, Or. V. P THA PENNSYLVANIA rXIMD RATE NOTE 6/96 GV1028 (page 3 of pages) Rev.9/07 Bankof America 2tiS PRESORT Home LA First-Class Mail PO Box 9048 U.S.Postage and Temecula,CA 92589-9048 Fees Paid wSO 2282213703 Send Payments to: PO Box 650070 Dallas,TX 75265-0070 Send Con-espondence to: 20140306-213 PO Box 6170 Simi Valley,CA 93082-5170 Michelle L Davis 814 Bridge Street New Cumberland, PA 17070-1625 ON COLH426{FC} s C3_2166 COLH426 16367 07/15/2013 Bankoffterica 4W Home Loans P.0.Box 5170 Simi Valley,CA 93062-5170 Notice Date: March 06,2014 FHA#: Account No.:- Michelle L Davis Property Address: 814 Bridge Street 814 Bridge Street New Cumberland,PA 17070-1625 New Cumberland, PA 17070-1625 BORROWER INFORMATION PACKET COVER LETTER Aviso Importante Para Las Personas Que Hablan Espafiol (Important Notice for Spanish Speaking Persons): Esta notificacion es de suma importancia, porque afecta su derecho a continuer viviendo en su rasa. Si no entiende el contenido de esta carta, obtenga una traduccion inmediatamente. Si usted no llama o responde a Bank of America a este n6mero de telefono 1-800-669-0102, usted puede perder su rasa. O si usted es sordo-mudo, por favor Ilame a uno de los numeros siguientes donde operadoras podran comunicarse con usted y a la vez transmitiran su informacibn a Bank of America. al 1-800-669-0102. Si usted este locaiizado en California por favor flame a la linea gratuity para sordo-mudos al 1-800-735-2929 (California Relay Service). Si se encuentra locaiizado en Texas, por favor Ilame a la linea gratuity para sordo-mudos al 1-800-735-2989 (Texas Relay Service). Si usted se encuentra localizado en cualquier otro estado, por- favor(lame a la linea Nacional gratuita para sordo-mudos al 1-800-855-2880(National Relay Service). IMPORTANT MESSAGE ABOUT YOUR HOME LOAN According to our records, your home loan payments of $1,349.35, which includes any late charges or applicable fees, for the month(s) of February 2014 Through March 2014, are past due. These payments must be received by March 21, 2014. If you have mailed your full payment, please accept our thanks and disregard this letter. WHAT THIS MEANS It is important that we receive full payment as soon as possible so you can avoid foreclosure on your home. Foreclosure is the legal process lenders use to take ownership of a property if payments are not made on the loan. WHAT YOU NEED TO DO Please call us at 1-800-669-0102 as soon as possible so we can discuss your individual situation and option(s)that may work for you. We have enclosed a brochure, Save Your Home, Tips to Avoid Foreclosure, that describes ways to bring your loan payments up-to-date. It offers information about alternatives to foreclosure, in the event that you continue to have difficulty making your payments. If you have a USDA guaranteed loan, the enclosed pamphlet describes some FHA assistance options that may not apply to you. ggw Bank of America,the servicer of your home loan,is required by law to inform you that this communication is from a debt collector. 2282213703 • In addition, a counselor approved by the U.S. Department of Housing and Urban Development (HUD) is available to review your financial situation, and may be able to suggest how you can bring your loan up-to-date and maintain timely mortgage payments in the future. The counselor can also discuss with you other available options. If you would like to contact a HUD-approved housing counseling agency, please call the following: • Housing Counseling Agency: 1-800-569-4287. • Housing Counseling Agency(TDD)number for the Hearing Impaired: 1-800-877-8339. We want to help you. Please read the enclosed information and call us at 1-800-669-0102, Monday- Friday from 9 a.m. - 6 p.m. Eastern. We will need financial information about your current income and expenses so we can evaluate your eligibility for available loss mitigation options. If you have a hearing impairment and need assistance when you contact us, have one of the following services call us at 1-800-669-6607: • If you are located in California, call the California Relay Service at 1-800-735-2929. • If you are in Texas, call the Texas Relay Service at 1-800-735-2989. • If you are in any other state, call the National Relay Service at 1-800-855-2880. Enclosures: FHA"Save Your Home, Tips to Avoid Foreclosure" 2282213?03 Federal Housing Administration . SAVE YOUR HOME Tips to Avoid Foreclosure 1-800-CALL-FHA (1-800-225-5342) www.hud.gov/fha HELPI I CAN'T MAKE MY MORTGAGE PAYMENT. Every day thousands of people like you have trouble making the next mortgage payment. Though things may seem hopeless, help is available. However, you.need to take the first step! If you ignore the problem you may lose your home to foreclosure, possibly affecting your ability to qualify for credit or to rent another home. WHAT SHOULD I DO? 1. Contact your lender right away. You can find a contact number on your mortgage statement. When you call, be prepared to explain: i Why you are unable to make your payment. Whether the problem is temporary or permanent. Details about your income, expenses, and other assets like cash in the bank. 2. If you are uncomfortable talking to your lender, a HUD-approved housing counseling agency can help you understand your options. These services are free of charge. 3. Open all of the mail you receive from your lender. It contains valuable information about repayment options. Later mail may have important legal notices. Failing to read the mail will not prevent a foreclosure action. 4. Look for ways to increase the amount you have available to make your mortgage payments. Can you cancel cable TV, pack lunches, or get a part-time job? While these actions may not replace all of your lost income, they send a strong message to your lender that you are serious about keeping your home. NOTHING IS WORSE THAN DOING NOTHING! WHAT OPTIONS WILL HELP ME KEEP MY HOME? FNA provides, as part of its insurance contract with lenders, loss mitigation actions the lender must evaluate and take, when appropriate, to reduce financial losses on loans in default. Your lender needs information from you to fully evaluate these options. If you want to keep your home, talk to your lender about available workout options for home retention. While the options listed here are for borrowers with FHA-insured loans, most lenders offer similar workout plans designed to help you keep your home. Special Forbearance. Your lender may provide for a temporary reduction or suspension of your payments to allow you time to overcome the problem that reduced your income. Then you may be offered a payment plan so you can pay back the missed payments a little at a time until you are caught up. An extended forbearance period may be provided to unemployed borrowers who are actively seeking employment. Mortgage Modification. A modification is a permanent change to your loan through which the overdue payments may be added to your loan balance, the interest rate may be changed or the number of years you have to pay off the loan may be extended. .I 2282213703 r • Partial Claim. In a'Partial Claim, a borrower receives a second loan in an amount necessary to bring the delinquent loan current. The loan is interest free and does not need to be repaid until you pay off your first mortgage or sell your house. This option is only available to borrowers with FHA-insured loans. However, if you have a conventional loan, ask your lender if they offer an"advance claim." FHA-Home Affordable Modification Program (FHA-HAMP). This option combines an enhanced partial claire with a loan modification. Under the FHA-RAMP, the partial claim loan will not only include any amounts necessary to bring your mortgage current but may also include an amount to reduce your existing loan balance by up to 30%. The reduced loan balance will then be modified to lower your monthly mortgage payment to an affordable level. As described above, the partial claim loan is interest free, but must be repaid when you pay off your first mortgage or sell your house. To qualify for any of these options, you will need to provide your lender with current information about your income and expenses. Also, your lender may require that you agree to a payment plan for three or more months to demonstrate your commitment before you are approved for a modification or partial claim. WHAT OPTIONS DO I HAVE IF I CAN'T KEEP MY HOME? If your income or expenses have changed so much that you are not able to continue paying the mortgage even under a workout plan offered by your lender, you should consider the options below. Pre-foreclosure sale. With your lender's permission you can offer your house for sale and sell it at fair market value even if the amount you receive from the sale is less than the amount you owe. If you meet certain conditions, you may be eligible to receive relocation expenses. Deed-in-lieu of foreclosure. As a last resort, you may be able to voluntarily give your property back to your lender. If you leave the property clean and undamaged you may be eligible to receive relocation expenses. There could be income tax consequences to any plan that reduces the amount of debt you owe so check with a tax advisor before accepting these workout options. Contact FHA Struggling homeowners with FHA-insured loans can get assistance by contacting HUD's National Servicing Center at (877) 622-8525. Persons with hearing or speech impairments may reach this number via TDD/TTY by calling (800)877-8339. Beware of Scams! If It Sounds Too Good To Be True...It Usually Is. Report mortgage fraud. Call 1-800-347-3735. v SHOULD I BE AWARE OF ANYTHING ELSE? Beware of foreclosure prevention scams! You may be approached by organizations with official sounding names offering a quick fix to your mortgage problems. They often charge hefty fees or require that you "temporarily" sign over your deed to them. Remember -- solutions that sound too good to be true usually are. These precautions will help you avoid being taken by a scam artist: 1. Never sign any papers you don't fully understand. 2. Check with a lawyer, your lender or trusted advisor, or a HUD-approved housing counselor before entering into any deal involving a loan assumption, contract of sale or a transfer of the deed to your home. 3. If you can't afford your current mortgage, don't be talked into refinancing into a new loan with a higher payment. To find a HUD counselor in your area call: 1-800-569-4287 or TDD 1-800-877-8339. WHAT IS FHA? The Federal Housing Administration is part of the U. S. Department of Housing and Urban Development (HUD). To learn more about FHA's programs, please visit: www.hud.gov/fha or contact the FHA Resource Center: 1-800-CALL-FHA(1-800-225-5342) Federally Insured, Always There! 2282213703 J �1 IMPORTANT DISCLOSURES Bank of America,the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. 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. MILITARY PERSONNEUSERVICEMEMBERS: If you or your spouse is a member of the military, please contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford significant protections and benefits to eligible military service personnel, including protections from foreclosure as well as interest rate relief. For additional information and to determine eligibility please contact our Military Assistance Team toll free at 1.877.430.5434. If you are calling from outside the U.S. please contact us at 1.817.685.6491. DIVULGACIONES IMPORTANTES Bank of America, el administrador de su prestamo para vivienda esti obligado por ley a informarle a usted que esta comunicaci6n proviene de un cobrador de deudas. 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 esti 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 prestamos. Usted debe consultar con su abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legates. 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 las leyes estatales comparables otorgan protecciones y beneficios significativos al personal del servicio militar gue califigue, incluyendo protecciones contra la ejecuci6n hipotecana as( como tambien ayuda en la tasa de interes. Para obtener mas informaci6n y determinar su caiificaci6n 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. 2282213703 f r (� VERIFICATION Mac�1 ill JuM�S J`-o hereby states thalphe is Ass t-'s n t Ott 4&) f 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 o hz�' 'ber knowledge,information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE:. ` �/ I Name: H"CAa w l �w WS'Scn A-.- Title: 46j;,,qVn-A f/rre&ef;,L4.4_ Company: Bank of America,N.A. S &D FILE NO: 14-046716 Michelle L. Davis Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r r\ 0 THOh OFFCE cr ME ,:HER ::= 2014 OCT - I PH 2: 35 CUMBERLAND COUNTY PENNS YLA N I,� Bank of America N.A. vs. Michelle Lynne Davis Case Number 2014-5423 SHERIFF'S RETURN OF SERVICE 09/19/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michelle Lynne Davis, 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 814 Bridge Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant and deputies were advised by neighbors that it has been for approximately 3 to 4 months. Per the New Cumberland Postmaster mail is still delivered to the address provided. 09/26/2014 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 814 Bridge Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant and deputies were advised by neighbors that it has been for approximately 3 to 4 months. SHERIFF COST: $68.21 SO ANSWERS, September 26, 2014 RONN ( R ANDERSON, SHERIFF (c) CountySui!e Sheriff, Teieosoft, Inc 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. 14-046716 Bank of America, N.A. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14-5423 Michelle L. Davis DEFENDANT PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above -captioned matter. Date: 10122111i SHAPIRO & DeNARDO, LLC BY: Nittapft `Attorneys' for `laiiitiff CHANDRA M. AMNIA, ESQUIRE Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,.,LED -GFS 10 THE PRoTtioNr 'i'AR 2014 NOV 13 PM 3: ( 1 CUMBERLAND COUNTY PENNSYLVANIA OF,F ICE, OF TNw $1 E.R1FF Bank of America N.A. vs. Michelle Lynne Davis Case Number 2014-5423 SHERIFF'S RETURN OF SERVICE 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: Michelle Lynne Davis, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 11/12/2014 09:28 AM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Michelle Lynne Davis, personally, at 301 N. Progress Avenue, Apt. 0- 7, Harrisburg, PA 17109. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, November 14, 2014 RONNY R ANDERSON, SHERIFF (C) Ccun.IyiSuite Sher,ti, Teleosori. i�,c. Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy BANK OF AMERICA, N.A. VS MICHELLE LYNNE DAVIS Sheriffs Return No. 2014-T-2868 OTHER COUNTY NO. 2014-5423 And now: NOVEMBER 12, 2014 at 9:28:00 AM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon MICHELLE LYNNE DAVIS by personally handing to MICHELLE LYNNE DAVIS 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 301 NORTH PROGRESS AVENUE, APT. 0-7 HARRISBURG PA 17109 Sworn and subscribed to before me this 13TH day of November, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 10/29/2014 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. 14-046716 Bank of America, N.A. PLAINTIFF VS. Michelle L. Davis DEFENDANT NO:14-5423 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $90,330.35 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 Attorney Fees & Costs of Foreclosure TOTAL BY: B AND NOW, judgment is entered in favor of the damages are assessed as above in the sum of $90,300.35. SBORNg ESQ. f and aiainst rod Proiy. 14-046716 $83,403.02 $4,170.12 $79.25 $1,255.21 $1,422.75 $90,300.35 ttorne for Plaintiff nt and ..p qA %Q':+afimcc cv14 sAik ai_w Iwy6-2v SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY T.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. 14-046716 Bank of America, N.A. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14-5423 Michelle L. Davis 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, December 26, 2014 to the following Defendants: Michelle L. Davis, 301 N. Progress Avenue, Apt 0-7, Harrisburg, PA 17109 slie Thomas, Legal Assistant to Sarah McCaffery for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 BRADLEY .1. OSBORNE, ATTORNEY M. NO, 312169 CHANDRA M. ARKEMA, ATTORNEY 1.0. NO. 203437 LEEANE 0. HUGGINS, ATTORNEY 1.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. 14-046716 Bank of America, N.A. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. Michelle L. Davis DEFENDANT NO: 14-5423 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Michelle L. Davis DATE OF NOTICE: December 26, 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 WELL BE USED FOR THAT PURPOSE. NOTWICACION IMPORTANTE Usted se cneuentra cn estado de rebelclia poi. no haber tornado Ia accion requiricla de $11parte en este caso. Al no tomar Ia accion debida dentro de in termino de diez (10) dias de Ia .feella de esta notificacion, ci iribuna poclra, sin necesidad de compararecer ustcd in carte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder biencs y otros dercehos imporiantcs. i)cbe l.Ievai cst:a notification a un abogado immediatamentc. Si listed no liene abogado o si no .tiCrle diner° suficienic para tal scrvicio, vaya en persona o ila:mc por tcicfono a la oficina cuya direction se eneuentra escrita abajo para averiguar donde sc puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM JS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING To COLLECT A DEBT. ANY IN FORMA7rioN OPTAINED WILL BE USED FOR. THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Michelle L. Davis,301 N. Progress Avenue, Apt 0-7, Harrisburg, PA 17109 Date: I 2-1 11,41V BY: SH.AP1120 & DeNARDO, LLC • for Plaintiff DIIEY 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 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. 14-046716 Bank of America, N.A. COURT OF COMMON PLEAS Bank of America CUMBERLAND COUNTY 400 Countrywide Way Simi Valley, CA 93065 14-5423 PLAINTIFF VS. Michelle L. Davis DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery AFFIDAVIT OF NON-MILITARY SERVICE Affiant has performed a search of the records maintained by the Department of Defense, Defense Manpower Data Center (DMDC), and has determined that according to DMDC records (attached hereto as Exhibit "A") Defendant Michelle L. Davis is not presently engaged in active duty military service as contemplated by the Servicemembers Civil Relief Act at 50 U.S.C. App. §521. Date: I iq 116 BY: Sworn to and subscribed before me this �1 day of _ J ,2015. ublic SHAPIRO & DeNARDO, LLC s for Plaintiff EY J. OSBORNE, ESQ. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Jennifer M. Sharkey, Notary Public Upper Merlon Twp., Montgomery County My Commission Expires Oct 19, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Depament of Defense Manpower Data Center Status Report Pursuant to Sereicemembe.rs Civil Relic Act Last Name: DAVIS First Name: MICHELLE Middle Name: L. Active Duty Status As Of: Jan -09-2015 Results as of : Jan -09-2015 05:16:49 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 387 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a 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 No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit rece.ving 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 Defuse Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would exteno SCRA protections. Persons seeking t� 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: 11 K3NO3B11 F5QE0 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. 14-046716 Bank of America, N.A. PLAINTIFF VS. Michelle L. Davis DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:14-5423 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Bank of America, N.A. 400 Countrywide Way Simi Valley, CA 93065 and that the last known address of the judgment debtor (Defendant) is: Michelle L. Davis 301 N. Progress Avenue Apt 0-7 Harrisburg, PA 17109 Date: 1-C1/1 14-046716 BY: SHAPIRO & DeNARDO, LLC for Plaintiff 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 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. 14-046716 Bank of America, N.A. COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Michelle L. Davis DEFENDANT NO:14-5423 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: Michelle L. Davis, 301 N. Progress Avenue, Apt 0-7, Harrisburg, PA 17109 Date Mailed: Date: \-1(K \c°1'S BY: SHAPIRO & DeNARDO, LLC for Plaintiff Y J. OSBORNE, ESQ. 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: Michelle L. Davis 301 N. Progress Avenue Apt 0-7 Harrisburg, PA 17109 Bank of America, N.A. PLAINTIFF VS. Michelle L. Davis DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CASE NO. 14-5423 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 +5, [ ] 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.