Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
14-5468
09/16/2014 11:03 Stern Eisenberg TAX)2155725025 P.001I001 Supreme C ► t ' , nnsylvania COR .C� ` InOII. IeSS For Prvt/taaotary Use Only:1��C91�1_ s Docket No: 1 'N4 p Cir\ County 1 1 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace 1hefiling and service o leadings or other papers as required by law or rules o court. Commencement of Action: S Q Complaint 0 Writ of Summons I] Petition E Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiff s Name: Lead Derendant's Namc; T Ocwen Loan Servicing, LLC Keith Killian ET.AL. Are money damages requested? ©Yes No Dollar Amount Requested: ❑within arbitration limits (check one) 13outside arbitration limits N Is this a Class Action Stilt? 0 Yes 0 No Is this an MDJAppeal? ❑ Yes n No A Name of Plaintiff/Appellant's Attorney: Edward J.McKee, Esqulre C'heeli here iryou have no attorney(are.a Self-Representcd [Pro Sc) Litigant) Nature of the Case: Place an"X"to the left of the Q t 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 inetude Mess Toi-t) CONTRACT(do not include Judgments) CIVIL APPEALS C3 intentional ©Buyer Plaintiff Administrative Agencies �] Malicious Prosecution ❑ Debt Collection:Credit Card Q Board of Assessment 0 Motor Vehicle rl Debt Collection:Other ❑ board of Flections Nuisance Dept_of Transportation [a Premises Liability Statutory Appeal:Other S Product Liability(does not include mass tort) Employment Dispute: © Slander/Libel/Defamation Discrimination C rl Other ]Employment Dispute:Other ❑ Zoning Board _..._.. _. © Other: ❑ Other: Q MASS TORT ❑ Asbestos N ® Tobacco Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste �] Ejectment © Other: ©Common Law/statutory Arbitration B Q Fminent Domain/Condemnation ❑Declaratory Judgment rl Ground Rent 8Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL IAB.LITY © tMortgage Foreclosure:Commercial ❑Quo Warranto Dental © Partition ©Replevin Legal [ Quiet Title Other: Q Medical © Other: Other Professional: t/pdated 7/1/2011 Cl j P 0 lFF STEVEN K.EISENBERG,ESQUIRE ''75736) M TROY FREEDMAN,ESQUIRE(85165) Lr:SLIE J.RASE,EsquiRE(58365) SPP ANDREW J.MARLEY,EsQuiizE(312314) 0 6 CUt;CERLt.� ( COUP 7`y JACQUELINE F.MCNALLY,ESQUIRE(201332) PELV,,� + TI-ioMAs F. GALLAGHER,ESQUIRE(316368) EDWARD J. MCKEE, ESQUIRE(316721) STERN&EISENBERQ PC 1.581 MAIN STREET, Sulu-:200 Tlil SHOPS AT VALLEY SQUARI WARRINGTON,PA 18976 TELEPHONE: (215)572-811.1. FACSIMILE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Ocwen Loan Servicing, LLC 'Civil Action Number: I� SSI loV( 1100 Virginia Drive Suite 175 Fort Washington, PA 19034 (Plaintiff) 1 Complaint in Mortgage Foreclosure V. Keith L Killian 16 Creek Lane Newville, PA 17241 and Michelle R Killian 16 Creek Lane Newville, PA 17241 i i (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 � 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 ATONCE. 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 ATA REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 STEVEN K.EISENBERq ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) ANDREW J. MARLEY,ESQUIRE(312314) JACQUELINE F. MCNALI..Y,ESQURRt. (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. F4csIM1LE: (215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Ocwen Loan Servicing, LLC Civil Action Number: 1100 Virginia Drive Suite 175 Fort Washington, PA 19034 f E (Plaintiff) 1 Complaint in Mortgage Foreclosure V. i Keith L Killian 16 Creek Lane Newville, PA 17241 and Michelle R Killian } 1.6 Creek Lane Newville, PA 17241 (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 defende.rse 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 ]a#echa de la demanda y la are served by entering a written appearance !notificacion. Hace (alta 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 i objeciones a las demandas en contra de su if you fail to do so the case may proceed without Y p :persona. Sea avisado que si usted no se defiende, you and a judgment may be entered against you la Corte tomara medidas y puede continuer 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 1 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. i f IF YOU CANNOTAFFORD TO HIREA LAWYER, THIS OFFICE MAYBEABLE TO PROVIDE YOU WITHINFORMATION ABOUTAGENCIES 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 INDEI3TEDNESS 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 finn 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 LETTF,R/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). ;ce STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) ANDREW J.MARLEY, ESQUIRE(312314) JACQUELINE F.MCNALLY, ESQUIRE(201.332) THOMAS F. GALLAGHER.,ESQUIRE(316368) EDWARD J.McKEE,ESQUIRE(316721) 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 Ocwen Loan Servicing, LLC Civil Action Number: 1100 Virginia Drive Suite 175 i Fort Washington, PA 19034 (Plaintiff) 1 Complaint in Mortgage Foreclosure V. Keith L Killian 16 Creek Lane Newville, PA 17241 and Michelle R Killian 16 Creek Lane Newville, PA 17241 i (Defendant(s)) ............. COMPLAINT CIVILACTION—MORTGAGE FORECLOSURE 1. Plaintiff is Oewen Loan Servicing, LLC (hereinafter referred to as "Ocwen Loan Servicing, LLC") with offices located at 1100 Virginia Drive, Suite 175, Fort Washington, PA 19034. 2. The Defendant(s), Keith L Killian and Michelle R Killian, adult individuals with a last-known address of 16 Creek I.,ane, Newville, PA 1.724.1 and 16 Creek Lane,Newville, PA 17241 and. 3. Under the date of 10/02/2009, defendants, Keith L Killian and Michelle R Killian, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for NFM, Inc. d/b/a NFM Consultants, Inc. its successors and assigns a mortgage upon the property 1.6 Creek Lane, Newvilie, PA 1.7241 (the "Property") to secure the payment of the sum of$206,552.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 10/19/2009, at Instrument Number: 200935503, , 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. An assignment transferring the mortgage originally with Mortgage Electronic Registration Systems Inc., as nominee for NFM, Inc. d/b/a NFM Consultants, Inc., its successors and assigns to Plaintiff was duly recorded on October 1.6, 2013,. at Instrument Number: 201333936, in the office of the Recorder of Deeds of Cumberland County, Pennsylvania. The recorded assignment is hereby incorporated by reference as a document filed with the County. 5. Defendant(s) are the real owners of Property 16 Creek Lane,Newville, PA 17241. 6. In accordance with Pennsylvania law,the required pre-foreclosure notice (under Act 91/Act 6 as may be applicable), was sent to the defendant(s) and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto,made a part hereof, and marked as Exhibit`B." 7. The said loan is in default as a result of the failure to pay the monthly installment of$1,600.02 due on January, 1 2014 and each month thereafter. 8. The following is due on the loan: PRINCIPAL BALANCE: ..................................................................$193,635.75 INTEREST TO THE DATE OF THE 07/10/2014 AT THE CURRENT RATE OF 5.2500% .............................................$6,777.28 UNCOLLECTED LATE CHARGES.........................................................................$376.90 SUSPENSE FEES............................................................................. .($761 16) TOTAL.D UE: ....................................................................................$200,028.77 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', Oewen Loan Servicing, LLC requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property for the sum of$200,028.77 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. Res 1 Submitted: By: T ❑ 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 (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@stemeisenberg.com stemeisenberg.com Date: September 5, 2014 Re: Keith L Killian Michelle R Killian 16 Creek Lane,Newville, PA 17241 XXXXXX9813 VERIFICATION I, Peter Nocero hereby state that I am Contract Management Coordinator of Ocwen Doan Servicing, LLC, Plaintiff in this matter. Ocwen Loan Servicing, LLC maintains and is in control of all documents and records supporting the statements in the foregoing complaint and therefore is the appropriate entity to make this verification. I have reviewed the business records relating to this account and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Al T /WaR& 1� ame:Peter Nocero Title: Contract Management Coordinator Ocwen Loan Servicing, LLC f ---� 'h q- 0 , Illlllllllllllllil 1411111141 , 000F5U flPM, IHC. ATTNI FINAL DOCUMENT DEPARTMENT After Recording Return To: 505 PROGRESS DRIVE E,L.T.G..LLC LITHICUM, MD- 21090 505 Progress Drive,Suite 113 Lintbl cum,MD 21090 APR Cr 44-07-0487-010 RPN Qr LOAN 41 19209039184 ISPs ea Abova This Una Far RaCording Data] Commonwealth o}Pennsylvania MORTGAGE �jcfo'04270- 410-203B MIN: 1002S91-0000106635-0 THIS MORTGAGE("Security Instrument")is given on OCTOBER 2, 2009, The Mortgagoris KEITH L. RILLIAN AND MICHELLE R. KILLIAN "MERS"is MortgageElectronlcRegistrationSystems,Inc.MERS is a sop aratecorporationthtIs acting solely as a nominee for Lender and Lender's successors and assigns.MERS la the mOrtgagee under this Security Instrument MERS is organized and existing under the laws of Delaware,and has an address and telephone numberol3300 S,W,34th Avenue,Suite 101,Ocala,FL34474 or P.O.Box 2026, Flint,Michigan 48501-2026,tel.(888)679-MERS. NFM, INC. d/b/a HFH CONSULTANTS, INC., A MARYLAND CORPORATION, existing under the laws of MARYLAND, ("Lender")is organized and and has an address of 505 PROGRESS DRIVE,LITHICUM, MD 21090. Borrower owes Lender the principal sum of•••••TNG HUHDRSD FIFTY TWO AND NO/Ioo.*... _................ I% THOUSAND FIVE HUNDRED Dollars (U.S. $206,552.o0 ), FHA Pannsylvanla Mongsga-4/36 On4noOmments.Inc. Page 1 o1 9 Initials �L� PAEFttAD£ PAEFFiA1D Odea ' .E EXHIBIT i LOAN lit 1929039184 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 NOVEMVR 1, 2039. 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 securityof this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security fnstrumentand the Note.For this purpose,Borrower does hereby mortgage,grantand 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 cuMBERLABD County, Pennsylvania: SEE LEGAL, DESCRIPTION ATTACHED HERETO AND 14ADS A PART HEREOF AS EXHIBIT i "A". APN 3r 44-07-0487-010 i i which has the address of 16 creak Lane, Nataville Pennsylvania 17241 (street,Cnyl• (°Property Address"); Izlp codec 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,it necessaryto comply with law or custom, MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including,but not limited to,releasing and canceling this Security Instrument, BORROWER COVENANTS that Borroweris lawfullyseized of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,except forencumbrancesofrecord.Borrower warrants and willdefend generally the title tothe Propertyagainst i 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 byjutisdiction to constitute a uniform security Instrument covering real property, I Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. I. Payment of Principal,Interost and Lato 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. FHA Pennsylvania Mortgago-9196 initials= L Onttno Documents.Inc. Paga 2 Of 9 PAE rn� . 2. Monthly Payment of Taxes,Insurance and Other Charges. LOAN 111 19209039184 monthly payment together with the principal and interest as set forth In theoNo a and anlInclude in each y late charges, 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.l In any year in which the Lendermust pay a mortgage Insurance premium to the Secretary of Housing and Urban Development("Secretary's,or in any year In which such premluntwoutd have been required If Lender still held the Security Instrument,each monthly payment shall also Include either:()a sum for the annual ` mortgage insurance premium to be paid by Lender to the Secretary,or(1)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 t not Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq, and implementing regulations,24 CFR Part 3500,as they may be amended from time to time("RESPA"),except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available In the account may not be based on amounts duefor the mortgage 11 insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, 1 Lender shall account to Borrower forthe excess funds as required by RESPA.If the amounts of funds held by Lender at any time is not su6iiclent 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 safe of the Property or its acquisition by Lender, Borrower's account shall be credited with remaining.for all Installments for Items(a),(b),and(c), any balance 3. Application of Payments.All payments under paragraphs t 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; Secondtoany taxes,special assessments,leasehold payments or ground rents,and fro,flood and other hazard insurance premiums,as required; Third,to Interest due under the Note; Fourth,to amortization of the principal of the Note;and F:th.to late charges due under the Note. 4. Fire,Flood and Other Hazard Insurance.Borrower shall insure all improvements on the Property,whether now in existence or subsequently erected,against any hazards,casualties,and contingencies,including fire,for which Lender requires Insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires.Borrower shall also insure all improvements { on the Property,whether now in existence or subsequently erected,against loss by floods to the extent nsurtred ance by cies and any renewals hall be held by Lender and hAll insurance shall be carded with all nlclude�o0 payable eectauses e favor of,and in a form acceptable to.Lender. in 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 paymentforsuch loss directly to Lender,instead of to Borrower and to Lender)ointly.All Of any pan 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 FMA Ponmylvanle Mertgago-4/98 Online Documents,inc. Initials 1 Page 3 01 9 FAEF14ALD 0676 i rn QQl r I ' I I r LOAN It 19209039284 damaged Property.Any application of the proceeds to the principal shall not extend or Postpone the due date ofthe monthly Payments which are referred to in paragraph 2,orchangethe amountofsuch 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,atlright,title and Interestof Borrowerin and to insurance policies Interco shall pass to the purchaser. S. Occupancy,Preservation,Maintenance and Protection oftho Property;Borrowor'a Loan Application;Leasoholds. Borrower shall occupy, establish,and use the Property as Borrower's Principal residence within sixty days afterthe execution of this Security Instrument(orwithin 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 requirementwill cause undue hardship for Borrower,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. i 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 Propertyis vacant or abandoned orthe loan is in default.Lendermay take reasonable action to protect and preserve such vacant or abandoned Property.Borrower shall also be in default it Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender r (or failed to provide Lender with any material information)in connection with the loan evidenced by the Note, including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence.If-this Security Instrument is on a leasehold,Borrowershail comply withthe provisions of the lease.if Borrower acquires fee title to the Property,the leasehold and fee title shall not be merged unless Lenderagrees to the merger in writing. 6. Condemnation.The proceeds of any award or claim for damages,director consequential,in connection with any condemnation or othortaking 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 underthe 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,whichare referred to in paragraph 2,or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Londoee 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 j bankruptcy,for condemnation or to enforce laws or regulations),then Lender may do and paywhatever is necessary to protect the value of the Propertyand Lender's rights in the Property,including of taxes,hazard insurance and other items mentioned In paragraph 2. payment 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. I Borrower shall promptly discharge anylien which has priority over this Security Instrument unless Borrower:(a)agrees in uniting 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 FMA Ponnsylvinla Mortpapo-4196 OntlnoOocumenrs.Inc. Page 4 of 9 Initialsi PA FHALO eao6 I LOAU 01 (c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the 1 eneto this Security Instrument If Lender determines that any pert 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 mora of the actions set forth above within 10 days of the giving of notice. 8. Foos.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 N: s by Instrument prior touotr on the duce date of the next montll any monthlyhly Payment, nt,orrequired by this Security (ii) Borrower defaults by failing,for a period of thirty days,to perform any other obligations contained in this Security Instrument I (b)Salo 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. 17011-3(d))and with the prior approval of the Secretary,require immediate payment in full of all sums secured by this Security Instrument If: (t) Ali 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 ('i) 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)"Welver.If circumstances Occur thatwould permit Lender torequire immediate payment in full,but Lenderdoes not require such payments.Lenderdoes notwaive its rights with respect to subsequent events, (d)Regulations of HUD Secretary, in many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate Payment in full and foreclose N not paid. This Security Instrument does not authorize acceleration or foreclosure N not permitted by regulations of the Secretary. (e) Mortgage Not Insured.Borrower agrees that N 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,shallbe deemed conclusive proof ofsuch ineligibility.Notwithstanding the foregoing, to Lender's this option may not be exercised by Lender when the unavailability of insurance is solely due lallure to remit e Insurance 10. Reinstatement.Borrower has a right to be reinstated N Lender hasremium to t quired Immediate payment In full because of Borrower's failure to pay an amount due underthe Note or this Security Instrument.This i 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' tees and expenses properly associated with the foreclosure Proceeding.Upon reinstatement by Borrower,thts Security instrument and the obligations that it secures shall remain in effect as if Lender had not required Immediate payment in full.However,tender is not required to permit reinstatement If:()Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding,(to reinstatement will preclude foreclosure ondifferent grounds inthe future,or(ii) reinstatement wilt adversely affect the priority of the Gen 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 FHA Pennsylvania Mortgage-0/96 t Online 0o rnenb.Inc. Page 5 Of 9 Initials: ��- PAEFHALn coo$ . rn , I i i I 9: 1920903984 Lender to any successor in interest of Borrower shall not operate to release theeliability of the original Borrower or Borrower's successor in interest Lendershall 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 ofany demand made by the original Borrower of Borrower's successors in interest.Anyforbearance 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 Soveral Uablllty;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 8(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 Barrowees 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. I 13.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering It or by mailing it byfirst class mall 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 fors this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14.Governing Law;Severabllfty.This Security Instrumentshall be governed by Federallaw and the law of the jurisdiction inwhich 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 olthe 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 shalt not do,norallow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The I 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. I Borrower shell promptly give Lender written notice of any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.if Borrower learns,oris 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 en "Hazardous following ces"are those sstances defined as toxic or hazardous subanes by EvionmentalLaw and the sbstanegasoline,kerosene.other flammable or toxic petroleum products,toxic pesticides and herbicides,vOlatil9 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.Asslgnmont of Rents.Borro•,ver 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 paythe rents to Lender or Lender's agents. FHA Pennsylvania Mmtgaeo-4/66 Onlino Do rnonlc,Inc. Ini tiele r �� PagO 6 Of 9 PAEFHALD o906 m KK I t I I j I ' LOAN 41 19209039184 ) 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 Lendergives notice otbreach to Borrower:(a)allrents received by Borrowershall be held by Borrower as Irusteeforbenefitof Lenderonly,to beapptiedtothe sums secured bytheSecurftylnstrument;(b)Lender shall be entitled to collect and receive all of the rents of the Property;and(c)each tenant of the Property shall j 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 V411 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 18.Foreclosure Procedure.It Lender requires Immediate payment In full under paragraph 9. Lender may foreclose this Securlty Instrument by judicial proceeding.Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this paragraph 18,including, but not limited to,attorneys'fees and coats of title evidence. If the Landees Interest In this Security instrument to held by the Secretary and the Secretary requires Immediate payment In full under Paragraph 9,the Secretary may Invoke the non)udlclal power of sale provided In the Single Family Mortgage Foreclosure Act of 1994("Act")(12 U.S.C. 3751 of seq.)by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to soil the Property as provided In the Act Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lander 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 shalt discharge and satisfy this Sec recordation costs. urity Instrument without charge to Borrower.Borrower shall pay any 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. i 21. Reinstatement Period,Borrower's time to reinstate provided in paragraph 10 shag extend to one I hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security I 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. is 23. Interest Rate After Judgment Borrower agrees that the Interest rate payable after ajudgment entered on the Mote 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 togetherwith this Security Instrument,the covenants of each such ridershall 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)I =Condominium Rider (QGro*ng Equity Rider QPlanned Unit Development Rider =Graduated Payment Rider =Other(s)[specify) I FMA Ponmywanis Mortgayo-4196 Onilno Documonts,Inc. Initials= Page 7 of 9 PAEFHALD 0606 m�K i I 039184 By SIGNING BELOW, Borrower accepts and agrees to the terms contained in this9Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: 1161thKillian a lf2 -(Seal) . Michalre R. Rill n (Seal) i i 1 I I i i i FHA Pennsylvania Mortyape-4/ee [ Online Documents.Inc. Page B of 9 PAEFHALD o8W 4 ' i rE 4 1 f i i LOAN itr 19209039184 I i I Certificate of Residence do hereby certify that the correct address oft a within named Mortgagee is sos pROGRESS DATVE LITHICUM MD 21090 Witness my hand this day of(XV7 aW I i i Commonwealth of PEnSYLVANIA Agent of Mort agee County of CUMBERLA= ��cy�/O—njen7 On this, the day of. Q f the undersigned ff pereonall appeared r before mo, r A. Killian, Y Keith L. Killian AHD Micholle (or satisfactorily proven) to be the persons) whose names ubscribed to the within instrument and acknowledged i that /'00y executed the same for the purposes therein contained. n i A$ whereof I hereunto set my hand and official seal. MY commission expires, i COMMONWEALTH OFpFN4SYLVANIA Title Off car NafaAal Soal Barbara A.RichaNson,Notery public ' North Newton Twp„CumbManO County My Commission Expires Aug.2,2012 Member,P¢nnsylvana AssotlaGon of Notaries FNA Ponhaytv*nle Mongago-419B Onllno Documonic.1ne. Page 9 Of 9 PAEFHAID owe ALL that certain tract of land with the improvements thereon erected situated in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to the survey dated June 14, 1972, made by Noel B.Smith,R.S.,as follows: BEGINNING at a point on the southern line of a private drive leading to Brandy Run Road, L.R. 2100, said beginning point being marked by an existing post on line of property now or formerly of R. Stum; thence by the southern line of said private drive,North 88 degrees 15 minutes East 380.0 feet to an iron pin in the center of a 12 foot private right-of-way; thence by the center line of said 12 foot right-of-way and along property now or formerly of Glenn Franklin, South 17 degrees 20 minutes West 226.70 feet; thence North 72 degrees 40 minutes 5.00 feet to an existing iron pin; thence South 17 degrees 20 minutes West 218.00 feet to a point on the northern bank of the Conodoguinet Creek; thence along said Creek,North 69 degrees 41 minutes West 381.26 feet to an existing iron pin; thence by property now or formerly of R. Stum, North 22 degrees 22 minutes 45 seconds East 302.63 feet to the place of BEGINNING. CONTAWING 3.15 acres,and being improved with a frame cottage. **FOR INFORMATIONAL PURPOSES ONLY** The improvements thereon being known as No.16 Creek Lane,Newville,PA 17241. Being same property,ro er y p ty,which b Deed dated 08/30/2006 and recorded 09/13/2006 in Book 276,Page 3194, among the Land Records of Cumberland County,Pennsylvania, was granted and conveyed by Michelle R. Wirick and Mark J.Bell unto Michelle R. Wirick. Being also the same property,which by Deed dated 04/07/2009 and recorded 04/08/2009 in Instrument No. 200911045, among the Land Records of Cumberland County, Pennsylvania,was granted and conveyed by Michelle R. Wirick, n/k/a Michelle R.Killian unto Keith L.Killian and Michelle R.Killian. ' PARCEL ID NO:44-07-0487-010 I I ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY `' 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 = Q Instrument Number-200935503 Recorded On 10/19/2009 At 11:39:15 AM *Instrument Type-MORTGAGE Total Pages- 11 Invoice Number-54379 User ID- RAI{ *Mortgagor-KILLIAN, KEITH L Mortgagee-MORTGAGE ELECTRONIC REGISTRATION\`SYSTEMS INC *Customer-ELTG LLC *FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO Certification Page JUSTICE $10.00 RECORDING FEES — $23.50 DO NOT DETACH RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES AFFORDABLE HOUSING of this legal document. $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 I I Certify this to be recorded in Cumberland County PA r�4 pe CUNe� 9� RECORDER OD EDS 1750 `-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. [[I[I[[Ill0 1115U Ocwen Loan Servicing,LLC PO Box 780 -, 3451 Hammond Avenue Waterloo ,IA 50704-0780 ACT 6 NOTICE Date: 05/05/14 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the attached Pages. HOMEOWNER'S NAME(S): MICHELLE R KILLIAN ADDRESS: 45 CHERRY GROVE RD SHIPPENSBURG PA 17257-9459 LOAN ACCT. NO.: 0602479813 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it u to date . NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 16 CREEK LANE NEW VILLE PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:01/01/14 through 05/01/14.See attached Exhibit for payment breakdown. Monthly Payments $ 8000.10 Late Charges $ 632.90 NSF $ 0.00 Inspections $ 0.00 Other(Default Expenses and Fees) $ 0.00 Optional insurance $ 0.00 Suspense $ 749.16 TOTAL AMOUNT PAST DUE: $ 7883.84 HOW TO CURE THE DEFAULT—You may cure the default within THIRTY(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,WHICH IS $ 7883.84, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)DAY PERIOD. Payments must be made either by cash,cashier's check or certified check made Payable and sent to: Ocwen Loan Servicing,LLC ATTN: Payment Processing PO Box 780 3451 Hammond Avenue Waterloo IA 50704-0780 EXHIBIT 8 �f 1 V. IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY(30)DAYS of the date of this Notice,the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS,the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However,if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period you will not be required to pay attorney's fees OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by Ruing the total amount then past due.plus any late or other charges then due.reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale asspecified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six(6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Ocwen Loan Servicing,LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas,TX 75204 Phone Number: 800-850-4622 Fax Number: 866-709-4744 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE—You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE—You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan,please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5036 EXHIBIT 01/01/14 through 05/01/14 Mo.Pmt. Amt. $ 1600.02 Ocwen Loan Servicing,LLC , PO Box 780 3451 Hammond Avenue Waterloo ,IA 50704-0780 Date: 05/05/14 ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official ti4t—at the mort a e on your home is in default and the lender intends to foreclos information about the natue. Specific re of the default is rovided in the attached a es. HOMEOWNER'S NAME(S): KEITH L KILLIAN ADDRESS: 16 CREEK LANE NEWVILLE PA 17241 LOAN ACCT.NO.: 0602479813 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN FBANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it— NATURE OF THE DEFAULT–The MORTGAGE debt held by the above lender on your property located at: 16 CREEK LANE NEWVILLE PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:01/01/14 through 05/01/14. See attached Exhibit for payment breakdown. Monthly Payments $ 8000.10 Late Charges NSF $ 632.90 Inspections $ 0.00$ 0.00 Other(Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 749.16 TOTAL AMOUNT PAST DUE: $ 7883.84 HOW TO CURE THE DEFAULT–You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7883.84, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)DAY PERIOD. Payments must be made either by cash.cashier's check or certified check made payable and sent to: Ocwen Loan Servicing, LLC ATTN: Payment Processing PO Box 780 3451 Hammond Avenue Waterloo IA 50704-0780 IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort a e debt. This me outstanding balance of this debt will be considered due immediately and you may lose the cans that the entire hance pay the mortgage in e monthly installments. If full payment of the total amount past due is not made within THI intends to instruct its attorneys to start legal action to foreclose upon your mortgaged proRTY(30)DAYS,the lender also perty. IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees that were actually incurred,up to $50.00. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY 30 DAYS period,you will not be required to pay attorney's fees OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAUL 'PRI )R TO SHERIFF'S SALE—If you have not cured the default within the THIRTY (30)DAY period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time uR to one hour before the Sheriff's Sale. You may do so by payingthe total amount then past due.plus an late or other charges then due reasonable attorne 's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale ass ecified in writing by the lender and by Rerformingany other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six(6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Ocwen Loan Servicing,LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas,TX 75204 Phone Number: 800-850-4622 Fax Number: 866-709-4744 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE—You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale,a lawsuit to remove you and your furnishing and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE—You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. t . YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan,please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5036 �1 EXHIBIT 01/01/14 through 05/01/14 Mo.Pmt.Amt. $ 1600.02 •.. 5a - :;L.? - _ rl::-;<:' r <'.:�11.�:t"Li'�';:?ti.; y!> _ ;' :�0::, :,�.. `vei ri rD )rii. ALt 8. ..ID�;; D, :TI:� `l3+ "'d ent . vsii7''�<g.d. P f-'q - - - ': ;: -. �,'- ." - s, __- - _ RE : J OS :L . . rC .01N T4".Vt31D. `H ..t.: - :; ?F `. •c= ;'iv - iG:2 "i? { >,-i?: ::... ui _ -y.l:: '/': _ =i- ?1 :`ri i'• •:I" ;.l' �' i`.S - _- _ __ _ _ _ _ ^J^ :: - i(: >:ri 1,. . -- - _-lj _iJr _ - i(i =!E;r =S - ;'r' i > :5:= -::. ",ti`. _ ?. '. _ _ -ar=:i - - - _ - _ ;y,_ - f - -_ - - iry " S..c,. :'C✓_ _ St _ _ _j: _.;y _ - - - -_ - _ --a>-, _ -_ - _; _ s`: _ _ - �vl� - r;':` s''- .'i'.. '_ - - _ - - :ii ;. L%; {'•: _ _.5:, is r,_ \i _ '.:Ci' _ ... y ..e: I/.' :;1, ,,. ,'' __ - ::-:"i:: - _ _ - - -- - - :i l: :1:' it„ .*`l !;�.:s 1: __ -•,i— _ _ _ _ ;y '<-` l.^ - :lC:; .. ;.r ?1'4%:,;��:i _ ::.1•- _ �1!' 4(... �l - _ - - =7:��'=- _ - :J% _ _,rf. _ _ _ Ylc .1, %` = _ t' - - - _ y:; •zi i i': :'y:: ;.' _ -,{, `t"• :: _ . - - - - - - - - -- -.c moi:`. ll� _i< z}:F -- - __ - .:yQ4....::: „r_ ,; -S:y<?a' 1% - - - _ ^i_ - "_ - - c - - _::f—-_ _ - _ _ ' i, -:Ji /C - - _- -- �'/: - - f7 .r1: - - - _- - _ - - _ J�_ L_ _ - ' _ __ _ :' _ _- - - _ _ _ _ ,- _ :j_ ,.1 ' "j - ;:'r _ _ _ _ - - '�1,,- _ _ '_1•_ _- _ _ _ _ _ _ _ _ __ _ �..f�.. ,;;: :"1, . r. ��2.:"..: J %.:,,. ':_ `' This booklet C-xplains hmrproperty r-:;:;.i`.:O%Yners con bvold.losing.J72lrh0mes'.-',;_;:;=:<_ ` i:':; s' r ` :: 6ecauseofdelm ucnt a menti -:r`r -nos I's opiela c`�' 0 Ieb ex•li a t...fo I - _. ... P.. ..,-:::; .deegsascomoevifp�neijes.ieg. ,_...t.�-:••;_� >:r_:: .-1s:r -- b'Ao al i'6uri •liiiiienio en'los::.o..os:;'=_:-:1 r-----,' ==,,.5�=z:,._,,:�,f::- dE i p .... P 9 �� .,a;�`3 x 7' u Para 7.imormacion en-espanoJ _ f ti• ''? '. �e. `'1,�� —, j (lame a la enlidod que le dib e'prestarro : www hud goV '^:: -. a.__-_J,sir^`awn"-:y�.•L-}. ,)�,g'lii-l:'i-:.z•^�:::: :t v VMAT HAPPENS WHISM I§MlIss MV MOR'T'GAGE PAYMENTS? Foreclosure may occur.This is the legal means that your lender can use to repossess(tabs over)your home.When this happens,you must move out of your house.If your property is worth less than the total amount you owe on your mortgage loan,a deficiency judgment could be pursued.If that happens,you not only lose your home,you also would owe HUD an additional amount. Both foreclosures and deficiency judgments could seriously affect your ability to qualify for credit in the future.So you should avoid foreclosure if possible. WHAT SHOULD I DO? i_DO NOT IGNGRE THE LETTERS FROIvi YOUR LENDER.If you are having problems making your pay- ments,call or write to your lender's Loss Mitigation Department without delay.Explarn your situation.Be prepared to provide them with financial information, such as your monthly income and expenses.Without this information,they may not be able to help- 2.Stay in your home for now.You may not qualify for assistance if you abandon you property. 3.Contact a HUD-approved housing counseling agency..Call i 1-806-569-4267 or TDO 1-800-877-8339 for the housing counseling agency nearest you:'Ibese agencies are valuable resources.They frequently have information on services and programs offered by Government agencies as well as private and community organisations that could help you.The housing counseling agency may also offer credit counseling.These services are usually free of cbarge. z- 'NAT ARE MY All IBUMTMS? You may be considered for the following. . e.cial Forbea r-a*ice.Your lender may be able to arrange a - '1213 51121111g; repayment plan based on your financial situation and may even provide for a temporary reduction or suspension of your payments You may qualify for this if you have recently experienced a reduction in income or an increase in living expenses.You must furnish information to your lender to shol that you would be We to meet the requirements of the new payment plan. Ylorig �er/lodification.You may be able to refinance the debt and/or extend the term of your mortgage loan.This up by reducing the monthly payments may help You catch to a more affordable level.You may qualify if you have ; recovered from a financial problem and can afford the neva _ payment amount. par.-ial Claim Your lender may be able to work witb you to obtain a one-time payment from the FHA-Insurance Aund to bring your mortgage current. You may qualify if: 1.your loan is at least 4 months delinquent but no more than 12 months delinquent; 2.you are able to begin making full mortgage payments. When your lender files a Partial Claim, the U.S. Department of Housing and Urban Development will pay your lender the amount necessary to bring your mortgage current.You must execute a Promissory Note,and ; a Lien will be placed on your property until the Promissory Note is paid in full- The ullThe Promissory Note is interest-free and is due when you pay off the first mortgage or when you sell the property. r Pre-foreclosure sale.This will allow you to avoid foreclosure by selling your property for an amount less than the amount necessary to pay off your mortgage loan. - You may qualify if - 1.the loan is at least 2 months delinquent; 2.you are able to sell your house-widhin 3 to 5 months;and 3.a new appraisal(that your lender will obtain)shows that the value of your home meets HUD program guidelines. Deed-in lieuofforeclosure.As a last resort,you may be able to voluntarily"give back"your property to the lender. This won't save your house;but it is not as damaging to your credit rating as a foreclosure. You can qualify if- I-you are in default and don't qualify or any of the other options; 2.your attempts at selling the house before foreclosure were unsuccessful;and 3.you don't have another FHA mortgage in default. now Do I KNOW OF A QUALIFY POP 0 ANY OF MESE AUERNMVES? Your lender will determine if you qualify for any of the alternatives.A housing counseling agency can also help you determine which,if-any,of these options may meet your needs and also assist you in interacting with your lender. Call 1-800-569-4287 or TDD 1-800-877-8339. SHOULD I BE AWARE OF AWMING ELS91P Yes.Beware of scams!Solutions that sound too simple or too good to be true usually are.If you're selling your home without professional guidance,beware of buyers r who try to rush you through the process.Unfortunately, - there are people who may try to take advantage of your financial difficult,.Be especially alert to the following.- EquiM skimming.In this type of scam,a"buyer" approaches you,offering to get you out of financial trou- ble by promising to pay off your mortgage or give you a sum of money when the property is sold.The"buyer" may suggest that you move out quickly and deed the property to him or her-The"buyer"then collects rent for a time,does not make any mortgage payments,and allows the lender to foreclose.Remember,signing over your deed to someone else does not necessarily relieve you of your obligation on your loan. Phony counseling:agencies. Some groups calling themselves"counseling agencies"may approach you and offer to perform certain services for a fee.These could well be services you could do for yourself for free,such as negoti- ating anew payment plan with your lender,or pursuing a pre-foreclosure sale.If you have any doubt about paying for such services,call a HUD-approved housing counseling agency at 1.800-569-4287 or TDD 7-800-877-8339. Do this before you pay atone or sign anything. ARE THEM ANY PRECAUTIONS ® 11 CAN TAKE? Here are several precautions that should help you avoid being"taken"by a scam artist: 1.Dont sign any papers you dont fully understand. 2.Make sure you get A"promises"in writing. 3_Beware of any contract of sale or loan assumption where you are not formally released from liability for your mortgage debt. 4•Check with a lawyer or your mortgage company before entering into any deal involving your home. 5.If yodre selling the house yourself to avoid foreclosure, check to see if there are any complaints against the prospective buyer-You can contact your state's Attorney General,the State Real Estate Commission,or the local District Attorney's Consumer Fraud Unit for this type of information. WHAT ARE THE MAIN POINT'S I 6 SHOULD REMEMBER? 1.Don't lose your home and damage your credit history. 2.Call or write your mortgage lender immediately and be honest about your financial situation. ?.Stay in your home to make sure you qualify for assistance. 4.Arrange an appointment with a HUD-approved housing counselor to explore your options at 1-800-569-42$7 : or TIED 1-800-877-8339. 5.Cooperate with the counselor or lender trying to help you- _ 6.Explore every alternative to keep your home. 7.Beware of scams. 8.Do not sign anything you don't understand.And remem- ber that signing over the deed to someone else does not ' necessarily relieve you of your loan obiigacion. Act now.Delaying can't help.If you do nothing,YOU WILL LOSE YOURHOME and your good credit rating. Visit our web site at www.hud.gov. i r i t ,:.1`. .:=;P\•�.. �'�. :oc�Y��•, usi%`Hict'::;�`<i,"•_�S•;�;<:i;_c<"•�.i.f: - �+7?3�.. ?.{•:?•Crr _:i%' :r...;sem _ - - '>t •o1 - E" Au - �ill I, Y .r _ r, } :3. N �. is ���• .n .;�:}.. 1' :3• i•"' i 1� F:' 2, °v .l 7_i!. .Y'.,t,• t'� ,J •f v�4•�i:^I. ,:5.>. "r•tt ''7. `ff. -!•, 6+° ..fir T 't- ..'ll5 ,'t ,�a• �:- :1' ^:: 'F, >r. s,?`w� '-ki .'ll,.•el.. .',: f-• .!.^ �:7•-':}it , ,:':i. r:. v7w, 7i:r., Y�t`��?L,,::•�+� •;�,•',c5 .) 3t: ,,(,,.,-;J L�: .-='t>?^nrr�,, -,i;i�'_ G1 .eE;✓. ., ,xx 4 •r+,. \ r-, a rr--�. .:•1 ,n n ."7fc rr.- •.7!_.,J; , r'Q!:- r r.taT,'. L..IY d1 r-`:-„ n. .,t, �.`n:,. _yr ...-.i. -..7r �'�'�'; .3' .t� •'i. f,J ,tri , mr•2•", .1.'h=�5i'•:i t- tn� ..-.S .S .3 ',.n> C. y ..1„-aJ. a�' Y:�': rF>\c. :�•e'. 5�:: .3 >' :S„�•1 .<. s 1: r'i-,<,-. `Yi='t!. '�i` .•,J7h ..t.S. i::••iia r +7.''t• C;,i r,y ' �io "�•' g'd�a'EI, ., x, t.tr�l=" tyr , :'' )n.,. ,5. Xr.,,,:rs,S•• .5,•+\ sb...n,�C. T.r . r.+',-c'sA,,.,7 -SrZ...,.,,, - G'a1c A :'I C •i\.�, ..r.:�•!I: t',,�:',4 � /..r �t.,,P. <fi•n•r �?'2"'-}. c A_ ^Z� L�:u... `1;"•:, t �\J:4 FJ 1� + ..f:Ci\:' -J ,{'.1:%:3_/"J:4:•- ,�u,>:in.. ^Ir. ti^'�^'kc:J ,-a., .,a+,b �• � � :'.1$r;• ��riU ,� •6). '1.�.t.�'i '\-; S. '!\.ana::aTr,.:4;Y•r, r .Sr'u .tt•r' ,1�\>G:,'r. .,.'J ri.?.:ir•,..q-...1. t•t' ,�I.r, 't hrr. f• i}! ,,. .. '<J:':'S` -:i. yr. ._:t•-•�'_. •:.a?7 .1.ef,. ,_f :t^;1• �r WORN,' .Y.. f,S',ra�'r•i '.° .p',,<rl, ..JtY _et,,,;dd :ifsL,-It„-..-'r...r {�, .•,.fi f:it, .;~C.Sa�° b:„d,,°:�. 1. 7}rt;;�S 1. S'o.- .a S}t:".ar. .... (� ��' (,. � ,t ,!•ti. ,�.. 1. -y3? _.ta.. f Y,If.., tr-?,.7":,,;T:':,U ��:?-_3..71•u7::)!1i. `/.1: _ _ VMS } •..r: ' ti .5. ,,;,s,.'t ,•.,t: t ..�::- r•:J,- 4i .•rr:as:y,; ri?,:,. .E-.;{.,5. _ aR, ,L v�.. `e \ �S(+`'' ,�.;:.;:.c•`.:.J. ,•k",.':>.a.,r4EyA:rf:;a:.a.a lQ,(• r�i ;h�•'j�[Jr y .r.. xf.• �,..a>•I' t.l s\ �i iil-'.r`f „.'(3,�..� 'i+.. �''�::r t!i' .'r4f,14..,1S:�u',r,'}5 �4..• ar.l,.r<. .t.. -�Y-. ,. r , 1. f r,t: .�j a., rJ_j'� .�",, �1L•il:J,...0^,{:;rf;c:...,c•f•:..;j w.trl+;_ a;l'�y'`)r.,lo�.,, 7.1 :•,,t� T n, >`t°�•;L:::,-� :7 ! r ,t:`1 �(,t :: •I, ,!,h ��S• ,,-J, q�{• � .'1t r i1,+- �:"'ir}O::.r:.c-r' -..,.c. .a 1 ..� .7•'�, `:r•1r ( �� h:1![ -<Sw•rt�t.o` i4. �.,,�.', S.: !r.ir,\ -.R .,.s.4 - ..✓S. U, >7.\.. r t..l.k,. -/> .n.. 1 e. .J! 4 ::Ljl 1(`''• <]t 'r'J ,L A'' .I r,^ i�:(i�-:” ):.,�:iJ..r: �Ati1::.✓^,. 55kk , 1''r;.�' "!i�i??1 :'r:•trr ,„�,tt Y! �. „r, w y �YR 1 .F. �/',X•�. ''�� ':.11 :t •.7 •h l,._ ( 1S`:�r:�' ,Z. '1-E 1: - I(:i`•I>•,,:'.:I�:.V. rs:, •'I;q c _�• } /. >., :i1FIr,IIJ.r_ (. '.% 'V ,�b' ,t yr"•,-,•y :5 - t <• Pl 1++L6 ;T" li .•I`F .Ll. , .:\:' pp•'!' �Iil.,d, ri.5'ic;=•'c"'1>n^1:a.., x: ,.,. a., 5•. aL'' ,Jl Vin• •y .,a. �y,:=Jt::rP:r\' f.,,. .Y+ :t Iqr r.A . .?lt r. 73Y '(... 3` _ 'h• l:c_ c }s T ,'F,•.>:3- `j 'rls'l.{t �1,..x°°f ^daF',1 ..F:a�t't� `iFP �•fr�. .� J •:S Jh,> ` .,t: ••T��<. 'iR„1'^'\.,�..•: :,},: a,ti;� er.. ..r.:•,;,<..5, :1...,,.,."C: I•C,,.,r, ,,Lir,', •Y., ,�• .v, It., r10. 1. m f. •r r'ry�v�c ]tl ,>, .4i:'i'Y':_ ..yt i.✓. ..t•.r...✓.c{ry.-<' .-�,nt;_t^:.:1•.h. ,•t c,' •t.1 -�n< E,a tn1 ,1b '._ 2" t<a.i, Jt,lr . l .N is w i�.,-'.,n ;r,._.t,. :,r.. r:a.J L '.2-sl•t\r>''ir. {!.-..{. , Il.:': .T ?.C,r,C,.6 .-... r i1.. ,•1: Jr., t Cd,;:t(, >.1 1- t�].�.rl.`l,?lt. 4t ..r,c..J i .r.,I:q:,,i s cvl3 c sr q.�:fir,,.ff :.t ., ,'.<;: ,Lf .tr �-]. r -a> 4,:44 51^Z'' ,•.q., .A'; ..,5{i�6 .:Jdfs. rt:! 't. MJ:. .b - J„ .1. s .,! �:...- < r yi.. fit .fl, .t 1,�. r=''>'•^ii•^•?+' L'!.. �U'' r�;C: +rc :I,l`c ..J '.(l,.l °f.:�., _ .:1:�:�' ('.n+7T'•.SiJi: .-im 0 i .1.,{OR ..2.. ,t.� i ., ,>q.,.j%!, str. 4. 13U ,! F• 51 •la .rte:`..;.,::a:�:. ).. .._a:r..:' ?' ttF .tFST ri:?. .:til,+x`.. 'rjA•.,2�.'.,.t.<• S, ,.S. 'r :c. °'4” ,';. r{.d., ,,,. �,,::.5: S."a:- "° :rr a' ,� ,.'fit. .. }!_ 2S: .garb.•:"'Silo! .S'` .\�° %r,_ o- .rd. ''^.TrrTS r ,', N'/^C S. !.-� J {; -t'T +i t.. .k4-" .:1,. ti,:. .L'J. ,/4t-'.po ,xn.... .,.l.r, +.0 ';v ,at`tA:d,�ll?.^_44,!.?•t G .[drtast_Z. :rrr't. w a .41 t ,r3'. ^• v S r},. :':(r :.: '.4 lenf7. ':rts, >,:�r:f .r,,vr ,,an. ..Is _.,-'/'"'>_�3�,.:i.l. J•': J,. tt ,.ff ).:. Jo 1 r, �..ea�< i=? 7 e-'IV tun'nFr, ta,I,i �. L,--.!,. f:1?,'• t n l• ` w• 'tt: r- s.cr,t':i' c'� . , ^!:r -„ ' Y,1TP>ar::.:, r.Irr 7'u;•;•i:••rr,3'.-, .1•.. .l 1st;`° •,:.' S vc:.,• $. r-:: ( `5 •i,':'1 `':'yy.r_.7a,-•J :, Z 1 N•,.rr, °�t.. •S,9 .U 7j, y,. '•i ^1T .:,7f ('�'. ;ti,:)'S':.{',Ll7; }..o..,.t-r,, lt,tiu�r.jlJ•.,r,1�., `l:t:1, a.l; -�•,.5,..- .,•:.\.`t'' :,aaP�•.:Yi`,_ ..t. alr,.r�•• I. ii,•.', �r.•a�„'�•,/ t.. n•� ,=;',jr:"6 ,tf;;pr+ .s'1•:. t •.r...�. � r,J't fe. g• f;�rJ” : n.•.:�,^.r=P �,3., '.� rr-G<, :.R<!:. t.�•h::,-•,- J..- ;(�p;.1 1 ^,y.,.'. 4r. - .T�.vof:: ,.y- :t ;t'tF'v�,t-^ C:b.. � •9 Ja t ,., ,..t• e^a 4,^ �1),,r(., ,..n ,.n 'i:fr'.`'s.,,. �n r_.yLJ.• k};c'?r,,..,1r:;y;i;; <,lar,\r�,:, 1 ".a.•.w.. .st '$',-a., .6, -�(r !12�f 1x ./t'�.,.t `1=.,•3i •i•t:'. F, :.�:�,..: _ t PrP. i•a_.pr� J, ,.J.:. :}: St,-lY• -,.f., •.:J' ,.. , q'{,r '<- �r :0 rJi'';Z .1•'' .JR.°-E„l'C Y+I 1 ;v a.'i<'• li .cr::od: "d'!. .Td.r.S:`, >1 '.%. +k].t:C+..> rl -'.'.�=y:• 7+ ;rJt� 1 '+.-.� r-•7;.t .u., { !y: ,a•.,• �`''''�✓ .s.. ,°,li,.,�i�ii5`.i:SGfp.,. ,+„>uA�.,, s , ti J �=t.ti. `i�U• ...nt-S'iJ.. f.�, -!s =F:�F> '�k,. r�(s ,a �• •:c�{y� Y" ::d. 'f.!'s• r�. .::•tr .\ .<r.�-•_lt-..,T ,F'r,,.,. .t?J, �1.:.:t...,. � ,1�• t T Z:u =P:,EG•: ':r. ."� , J't lli` r'4-.X` .T.T; �% •ri,. �,a-:,:..:':;;ti.•l,it'•;�.µ,,,rv.J.�,A':;(:1% t1 =�., .-r1'• ,1' is,.\' :�nl ...,f•..,!^». F ., .t. �¢'iQ..,,'klt.. !7 .fir :.- S :Tr:. ,d,t 5•'.;` :,..Zr ,r, t a•a.. klr..�•• �<.rty 5't�6 pc� � �:{ F. 'tsrf,. <t,•'�).aMi 5S r). � ::i'.' 1' ��,3+\•-, L`. �1 ,� L.,1: \ i ,�..::Y:. '',.,,J\ �!r, � r '?`:;•r(• e MEMO •i,nn ;1, •,'> ��:'''r X" 1 '1. •t' a.c nSi f'�, r'n 1, '-ii ,..E. •.tu tel• -\J. r:l; :oJcifx ..)r .-SFo:•;b:,.q,..,,..r::7r,3 .`i-i? -11n.,.r .t r °73'•,t '� 1'X •i.� Sv .n.': rii� •F, ,.1. ,fin}': \4w1 a•,,: .<.r,�ry. '�t t,>:° ,m .,l.S'„ ..i,., t,'•n.,r s' rrr .) 1kCR;!, \ .2L. G., pp ,}" 'F t •.,r� 1.,. °r. .1�4nt, -,i:�'h'�eJ.. -,trJ,'.9i V ,•.,f+ SS:1,., ,.7!+!t .pp�"''t'• .1 r 1 >nA,'ii rJ^:/. x`•3.,3 a�7C•s i`:: J, •'•,•1^ 1-�,.rY,.�..:z'. i.'•] ':'V•:�'il,:. .I,;f-.,r,. rr.!t i n)i" --.J.r _r. : S. .i1+ :.h., rA`r. r6 Pr...•P,.i�'aJ N cl,,:,.�-. ., .c _t.1. �>I^'tvJi- r.l,.� :\`�„ .�. >t;v ,rF.'u ,t, rdi>.Iti�.., .t: r'Y• r'1;11, w¢ .t.r. J, . ,, ;l3: -cr1 ,�hi'1 n.r .!. r.' ,.1. ,.n. p1± .✓� ,J. �'J•- .n. °•\:i1!'; rrh t,.� .,L_ r s..�. (�y j .(.•J .,41 r,,l.a.>•,, ,.t �a:4: 1, ♦l:4 5�.•r 1•. .)ifJcltC. ..,;:-,. t:tT":\.t,:�,:.-.(':'::r':.::�o;Y'C •.:.,.s,: n '.E? '^.r:,; c,.5..,r!. `s C✓.:). ,r. F',^e/. 1r...t� a .,,a.�u`' .fJ•,.4^ r'."`. ,1 ..t,: .�-.:1,1{, ,laia:i>;.���` ter_1'I' � •r;F•rrxwHo .,t, :�• t:. 1 nh�. . - 11.: n , �!o _� rs� :�,ro.,y.'♦ tr''r:Y`'- `-t- ,yi.r ,a., ,f6 =:,t.,J-:.. ,r. ,:tdE_+, rl. ii.. acct !,-t ) `.F+•° ♦ z .i..3 .r .✓ .{", .;��.� f r`a` .S. „{u.• C.< - v_ ,ff.. ,a. ,.l;,r_..{a,.2` `!)>;. :Pr!'">-•n .r•...,.. _•i: =1':. 1,.. ,r�'�'( 'zY}i:y>;. ..,tj .rJ_ ,5Y 1 y9s ..•,`6:.1r.{{i f - ��pp .?3i✓':tof J .Y, {{ u •t• �•r-l:{i. ..,. ,Jf.yam ., ,1,r.L'7?.,�:,i�;J.�::.r,: ,'.1,vo-:r. ) nl J J?-„r�. .,t, ...,.•. 1 F,r( %'V.i• -( Y f I.:• ,�1' Z\VT. n r:l.f. ?4� .1. .f.: a\^/eh,. It.,.,i ,�,::,'., J "1: �.1�. J��� ¢ :!)” - r.l .1 :I}" .:2. r:t' r:'S,V,'.u�.:.v�T• "` r '.i 5,<C!:c .•I t ..4 d^ .< t,c:•' •.2, .L,a'.tb'P, -rr .:f:::,:' ;ra.c J: :A C':S L'r .,J,.., ..a.7•'. '.t,: F 1 it.,: C1 � ?i. :Y.'. �1 Ya •1 :.tYi, u ,t... , LL��,'J.,' fr'f• J. .:),o r.,4.,�_.r^• :SFS r<, t� _:1. .J. ..0 ,..�✓. 1'3 ::Sr :�+, �, ^t-. i' ..1-.a�'!:, h .•'i 1 ..) �'J+ .5. SJ,• :x ,¢. ::il.,, ,wtr. �,< ,"' �., ;1 f, :rt-Y i,'•e T. J J. r,7f.++. J:,. r,Tr.(.. 4- - 'rl..rJ-r .r', ,t!, ,'.h. .:'t�t „Y.=r "1:'`• , .r•. w•t'rT_, , �'§'. >: ot. a.t-. -,. ,r`:, ^J�;41,... 'i..' l/i o-�' I. 1t' t .4'".4jr.• ��>;1. .r:'7�a.,,,st.,,:..'.. :ri�,. .AC'U. -J1`*!• oli�`r{..,, a.E!n z`^ a. .r.3:.7d •:. ,,(,. .,r.•r;>-- SHERIFF'S OFFICE OF CUMBERLAND COUNTY -~-O-' Ronny ��Anderson F\��� ~' ' '~- ~~ Sheriff ~�AFPROTADG0TAMY c" Jody S Smith 2011i OCT V� AM 10: ~^i'Deputy ^°"u*^ `� "^'^~ -' Richard W Stewart CUMBERLAND COUNTY Solicitor oP,GE CF THE SNERIFF PENNSYLVANIA Ocwen Loan Servicing Center, LLC vs. Keith L Killian (et al.) Case Number 2O14-5468 SHERIFF'S RETURN����U��� OFSERVICE 09/102014 11:48 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Amber [Narpoo. Girlfriend of Michelle Killian son , who accepted as "Adult Person in Charge" for Michelle R Killian at 16 Creek Lane, Upper Mifflin, Newville, PA 17241. ���1 =��' ^ mFmn� GUT � � �'' 09/30/2014 02:35 PM - Deputy Dennis Frybeing duly sworn accoring to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Doris Stum, mother, who accepted as "Adult Person in Charge" for Keith L Killian at 45 Cherry Grove Rd, Southampton, Shippensburg, PA 17257. DENNIS FRY, DEP SHERIFF COST: $8016 SO ANSWERS, October 01, 2014 RONNYRANDERSON, SHERIFF (c) ChuntySuite Sheriff, Teheasoft. inc. STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) 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 Ocwen Loan Servicing, LLC. v. Keith L. Killian Michelle R. Killian Defendant(s) Civil Action Number: 14 -5468 -Civil MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Keith L. Killian Michelle R. Killian , for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE $193,635.75 INTEREST accrued thru 07/10/2014 of $6,777.28 Interest after 07/10/2014 shall accrue at the per diem rate of $28.24.) LATE CHARGES accrued thru 07/10/2014 of $376.90 Late charges after 07/10/2014 shall accrue at the monthly rate of $64.00.) LESS SUSPENSE (If any) ($761.16) Sub -Total Through Date of Complaint ..$200,028.77 ACCRUED INTEREST after 07/10/2014 shall accrue at the per diem rate of $28.24 to November 17, 2014 $3,761.20 TOTAL DUE THROUGH DATE OF REQUEST FOR JUDGMENT $203,789.97 BY: STERN SEN i STEVEN K. ❑ M. TROY F ❑ JACQUE BERG, ESQUIRE MAN, ESQUIRE F. McNALLY, ESQUIRE ❑ LESLIE J • SE, ESQUIRE ❑)WILLIAM E. MILLER, ESQUIRE ®'ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PENNSYLVANIA 18976 TELEPHONE: (215) 572-81.11 FACSIMILE: (215) 572-5025 (COUNSEL FOR .PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing, LLC. v. Keith L. Killian Michelle R. Killian Defendant(s) Civil Action: 14 -5468 -Civil MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF BUCKS I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last -known address is Keith L. Killian 45 Cherry Grove Road Shippensburg, PA 17257 Michelle R. Killian 16 Creek Lane Newville, PA 17241 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. BY: Sworn to and subscribed before me this 17th Day of November, 2014. Notary ' blic ,serma_tatunigusmamm. NOTARIAL SEAL ANGELA HARRIGAN. Notary Public Warrington Twp.. Bucks County My Commission Expires November 26, 2016 STERN & EISENBERG, PC ❑ STEVEN K. EISEN ' , ESQUIRE ❑ M. TROY FREED ►- A , ESQUIRE ❑ JACQUELINE F. I ALLY, ESQUIRE ❑ LESLIE J. RASE, SQUIRE ❑ WILLIAM E. MILLER, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Department'of Defense.Manpower Data Center Status Report Pursuant to Sery icemerbers Civil Relief Act Last Name: KILLIAN First Name: KEITH Middle Name: L Active Duty Status As Of: Nov -17-2014 Results as of : Nov -17-2014 06:02:18 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - -- - No ' NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA -. _ - No 47 NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duly on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,,based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Status Report Pursuant to Serviceinembcs Civil Relief Act. Last Name: KILLIAN First Name: MICHELLE Middle Name: R Active Duty Status As Of: Nov -17-2014 Results as of : Nov -17-2014 06:03:05 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 f - - No \.. NA This response reflects the individuals' active duly slates based on the Active Duly Status Dale Left Active Duty Within 367 Days of Active Duty Status Date Active Duly Statl Date Active Duly End Date Status Service Component NA NA . . No 'NA NA This response reflects where the individual left active duty status within 367 days preceding then 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 x No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) STERN & EISENBERG, PC 1581 MAIN STREET, SurrE 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 Ocwen Loan Servicing, LLC. v. Keith L. Killian Michelle R. Killian Defendant(s) Civil Action: 14 -5468 -Civil MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. BY: STERN & EISENBERG, PC ❑ STEVEN K. ' BERG, ESQUIRE ❑ M. TROY ' DMAN, ESQUIRE ❑ JACQUE E F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ WILLIAM E. MILLER, ESQUIRE [B' ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff 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 Ocwen Loan Servicing, LLC (Plaintiff) v. Keith L Killian Michelle R Killian (Defendant(s)) TO: Keith L Killian 45 Cherry Grove Road Shippensburg, PA 17257 Date of Notice: October 23, 2014 Docket #: 14- 5468 Civil TEN DAY NOTICE NOTICE PURSUANT TO Pa.R.C.P. 237.1 Michelle R Killian 16 Creek Lane Newville, PA 17241 IMPORTANT NOTICE 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: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Edward J. McKee, Esq. STERN & EISENBERG, PC Attorny fof Plainti ngi STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) 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 Ocwen Loan Servicing, LLC. V. Keith L. Killian Michelle R. Killian Defendant(s) Civil Action: 14 -5468 -Civil MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above -captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. BY: STERN & EISENBERG, PC STEVEN KJ NBERG, ESQUIRE M. TROY EDMAN, ESQUIRE ED JACQUE INE F. McNALLY, ESQUIRE O LESLIE J. RASE, ESQUIRE O WILLIAM E. MILLER, ESQUIRE ErANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) 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 Ocwen Loan Servicing, LLC. v. Keith L. Killian Michelle R. Killian Defendant(s) Civil Action: 14 -5468 -Civil MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Ocwen Loan Servicing, LLC: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Keith L. Killian 45 Cherry Grove Road Shippensburg, PA 17257 Michelle R. Killian 16 Creek Lane Newville, PA 17241 (Defendant(s)) BY: STERN & EISEN : RG, PC TEVEN K. ENBERG, ESQUIRE ❑ M. TROY EDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ /WILLIAM E. MILLER, ESQUIRE Bri ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) 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 Ocwen Loan Servicing, LLC. V. Keith L. Killian Michelle R. Killian Defendant(s) Civil Action: 14 -5468 -Civil MORTGAGE FORECLOSURE NOTICE PURSUANT TO RULE 236 Notice is hereby given that a judgment in the above captioned rnater has been entered against Defendants, Keith L. Killian and Michelle R. Killian, on //(V 2014. BY: Deputy If you have any questions concerning the above, please contact: Stern & Eisenberg, PC Attorney for Plaintiff 1581 Main Street, Suite 200 Warrington, PA 18976 Tel: (215) 572-8111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Ocwen Loan Servicing, LLC VS. ❑ Confessed Judgment Plaintiff ❑ Other File No. 14 -5468 -Civil Keith L. and Michelle R. Killian Defendant Address: 16 Creek Lane, Newville, PA 17241 TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $ 203,789.97 Interest Atty's Comm Costs C) The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 16 Creek Lane, Newville, PA 17241 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ❑ (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date November 17, 2014 Signature: sorl ak ?0d MF 115.--)S LI Print Name: Address: Attorney for: (I Telephone: Supreme Court ID No: 312314 pendens fzgainst rte. . e of the 1581 Main Street, Suite 200 Warrington, PA 18976 Plaintiff 215-572-8111 CIC.. vz,-),'lq '�� `313S7s 1 41 • C. All That certain tract of land with the improvements thereon erected situated in Upper Mifflin Township Cumberland County, Pennsylvania, bounded and described according to the Survey Dated. June, 1972, made by Noel B. Smith, R.S., as follows: BEGINNING at a point on the southern Iine of a private drive leading to Brandy Run Road, L. R. 2100, said beginning point being marked by an existing post on line of property now or formerly of R. Stum; thence by the southern line of said private drive, North 88 degrees 15 minutes East 380.0 feet to an iron pin in the center of a 12 foot private right-of-way; thence by the center line of said 12 foot right-of-way and along property now or formerly of Glenn Franklin South l 7 degrees 20 minutes West 226.70 feet; thence North 72 degrees 40 minutes 5.00 feet to an existing iron pin; thence South 17 degrees 20 minutes West 218.00 feet to a point on the northern bank of the Conodoguinet Creek; thence along said Creek North 69 degrees 41 minutes West 381.26 feet to an existing iron pin: thence by property now or formerly of R. Stum North 22 degrees 22 minutes 45 seconds East 302.63 feet to the Place of Beginning. Containing 3.15 acres, and being improved with a frame cottage. BEING KNOWN AS 16 Creek Lane, Newville, PA 17241 PARCEL NO. 10-19-1596-120 BEING the same premises which Michelle R. Wirick, now known as Michelle R. Killi, .by Deed dated April 7, 2009 and recorded April 8, 2009 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Instrument#: 200911045 granted and conveyed unto Keith L. Killian and Michelle R. Killian, husband and wife, as tenants by the Entireties. • r TEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) 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 Ocwen Loan Servicing, LLC. V. Keith L. Killian Michelle R. Killian Defendant(s) Civil Action: 14 -5468 -Civil MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 16 Creek Lane, Newville, PA 17241. 1. Name and address of Owner(s) or Reputed Owner(s): Keith L. Killian 45 Cherry Grove Road Shippensburg, PA 17257 Michelle R. Killian 16 Creek Lane Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Keith L. Killian 45 Cherry Grove Road Shippensburg, PA 17257 Michelle R. Killian 16 Creek Lane Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A_ 4. , Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Tenant(s)/Occupant(s) 16 Creek Lane, Newville, PA, 17241. Tax Claim Bureau Cumberland County Courthouse One Courthouse Street Carlisle, PA 17013 04, I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:. November 17, 2014 Sworn to and subscribed before me This 17th Day of No mber, 2014. 0 ublic COMMON CAL. H O NOTARIAL SEAL Public ANGELA HARRIGAN NotaryNpubPub Warrington Twp. nunty My Commission Expires November 26, 2016 w$VLVANIA BY: STERN & EISENBERG, PC ❑ STEVENv. ENBERG, ESQUIRE ❑ M. TRO ' EDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LLIAM E. MILLER, ESQUIRE I 'ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) 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 Ocwen Loan Servicing, LLC. v. Keith L. Killian Michelle R. Killian Defendant(s) Civil Action: 14 -5468 -Civil MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Keith L. Killian 45 Cherry Grove Road Shippensburg, PA 17257 Michelle R. Killian 16 Creek Lane Newville, PA 17241 Your real estate at 16 Creek Lane , Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on Wednesday, March 4, 2015 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $203,789.97 obtained by Ocwen Loan Servicing, LLC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern & Eisenberg PC, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern & Eisenberg PC, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 STEVEN K. EISENBERG, ESQUIRE (75736) M. TROY FREEDMAN, ESQUIRE (85165) LESLIE J. RASE, ESQUIRE (58365) WILLIAM E. MILLER, ESQUIRE (308951) ANDREW J. MARLEY (312314) 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 Ocwen Loan Servicing, LLC. v. Keith L. Killian Michelle R. Killian Defendant(s) Civil. Action: 14 -5468 -Civil MORTGAGE FORECLOSURE RE: PREMISES: 16 Creek Lane, Newville, PA 17241 Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, March 4, 2015 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $203,789.97 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. November 17, 2014 BY: STE' : VO: P : , PC VEN K. NBERG ESQUIRE ❑ M. TROY F 1 EDMAN, ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ WILLIAM E. MILLER, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff ISE THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net OCWEN LOAN SERVICING, LLC Vs. NO 14-5468 Civil Term CIVIL ACTION — LAW KEITH L. MILLIAN MICHELLE R. KILLIAN WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) . (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $203,789.97 Interest Atty's Comm: Atty Paid: $240.91 Plaintiff Paid: Date: 11/18/14 (Seal) REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 WARRINGTON, PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 312314 L.L.: $50 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota Deputy STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) ANDREW J.MARLEY(312314) EDWARD J.MCKEE(316721) 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 Ocwen Loan Servicing, LLC. v. Civil Action Number: 14-5468-Civil Keith L. Killian Michelle R. Killian MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I, EDWARD J. MCKEE, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail return receipt requested and regular mail on January 9, 2015. I further certify that notice of the Sheriff's Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on January 9, 2015, as evidenced by copy of certificates of mailing attached. STERN &EISENBERG, PC BY: E..) 7' EDWARD J. MCKEE Attorney for Plaintiff 1/13/15 Name and STERN&EISENBERG Address 1581 Main Street,Suite 200 of Sender Warrington,PA 18976 Line Postage Fee I Keith L. Killian, 45 Cherry Grove Road, Shippensburg, PA 17257 2 Michelle R. Killian, 45 Cherry Grove Road, Shippensburg, PA 17257 3 PA Dept. of Revenue, Bureau of Compliance, Box 281230, Harrisburg, PA 17128 4 Domestic Relations—Cumberland County, 13 North Hanover St., Carlisle, PA 17013 5 Tax Claim Bureau, Cumberland County Courthouse, One Courthouse St., Carlisle, PA 17013 6 Tenant(s)/Occupant(s), 16 Creek Lane,Newville, PA 17241 '7 U.S. Postal Service" 1 U.S. Postal Service' - CERTIFIED MAIL® RECEIPT CERTIFIED MAIL® RECEIPT p^ Domestic Mail Only . 4k.'' _ (U Domestic Mail Only .m For deliveryinformation,visit our website at www.usps.com°D. �-. rU co .� ul For delivery information,visit our website at www.usps.com°D. ...p .j r WrIPostage ..D - .y ,a;`--``. _`0 4 tis p p N Postage Ln —e, c Er Certified Fee ° o cr N ro Certified Fee111.111111E a rq .. Postmark w co 13 - M Return Receipt Fee Mr. �r Pos ark O Here cn p Return Receipt Fes H e O (Endorsement Required) ?} rn rn I 1\4 0 (Endorsement Required) (tilt O Restricted Delivery Fee '-;/ o� D - 0 Restricted Delivery Fee L (Endorsement Required) >` { if, 1 rrn r (Endorsement Required) . � � O y 4cr.:9)) I k Y - ru Total Postage&Fees $ — z rl Total Postage&Fees rIIIIIIIIrjru O N 4 z 11.1 Sent To�t�/A� (� p` t��[ 1<6.1\134n m - Sent To = 1 1 kCiht I_\e 2 o III o 11�1Q ra Street&Apt.do., N 1'1 Street&A t. o., El or PO Box No. Rd. �' tS 'IIM p -- lntar_�� � 'UVr - or PO Box No. I-16-_.VheI row._ ziM1 State,ZIP+4 ity,State,ZIP+4 �� i . b.- a. do. A t , i 1i-2. - a • e, s •� . � - PS Form 3d00,July 2014 See Reverse for Instructions PS Form.38J0,July 2014 See Reverse for Instructions 18 17 s - .„q 1 ' >,,---;.--,c, ii?gj,` 1��