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HomeMy WebLinkAbout14-5643 Supreme Cvtirtf.Pennsylvania Con ' f Commol leas For Prothonotary Use Only: - Cll�il:Cover>SNeet . y � Docket No: CUtviBEFtLANC} ' County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 'xl Complaint 0 Writ of Summons 0 Petition Q E Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: BAYVIEW LOAN SERVICING, LLC KENNETH W. NIEVES Dollar Amount Requested: Qwithin arbitration limits X Are money damages requested? Yes X No O (check one) x outside arbitration limits N Is this a Class Action Suit? l3 Yes ixi No Is this an MDJAppeal? D Yes El No .A Name of Plaintiff/Appellant's Attorney: Alicia M. Sandoval, Esquire 0 Check here if you have no attorney(are a Self-Represented [Pro Sej Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional Q Buyer Plaintiff Administrative Agencies Malicious Prosecution D Debt Collection:Credit Card El Board of Assessment n Motor Vehicle Debt Collection:Other 0 Board of Elections Nuisance E] Dept.of Transportation Q Premises Liability 0 Statutory Appeal:Other S Q Product Liability(does not include mass tort) (� Employment Dispute; � Slander/Libel/Defamation Discrimination C Q Other: El Employment Dispute:Other Q Zoning Board T Other: I '© Other: o MASS TORT 0 Asbestos N n Tobacco Q Toxic Tort-DES n Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other. 0 Ejectment f_i Common Law/Statutory Arbitration Bi 0 Eminent Domain/Condemnation E] Declaratory Judgment Ground Rent [3 Mandamus Q Landlord/Tenant Dispute 0 Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure:Commercial 13 Quo Warranto Dental E]Partition 11 Replevin Legal E] Quiet Title 0 Other: Medical E] Other: Other Professional: Updated 1/1/2011 MATTLEMAN,WEINROTH&MILLER,P.C. ,r BY: ALICIA M. SANDOVAL,ESQUIRE ATTORNEY I.D.NO. 311874 401 ROUTE 70 EAST, SUITE 100 CHERRY SHILL,NJ 08034 F�r�,•V'$�YLI�,C01,11,1o1TY ATTORNEY FOR PLAINTIFF Our File No.: 902.88805 BAYVIEW LOAN SERVICING,LLC COURT OF COMMON PLEAS 4425 Ponce de Leon Blvd. CIVIL DIVISION Coral Gables,FL 33146 CUMBERLAND COUNTY n (,� . • PLAINTIFF DOCKET NO. J C1I VS. KENNETH W. NIEVES A/K/A KENNETH WAYNE NIEVES, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ANNA TRUMP A/K/A ANNA M. TRUMP A/K/A ANNA M. NIEVES A/K/A ANNA MAY NIEVES A/K/A ANNA GRAMM; ANGEL R. NIEVES, JR. A/K/A ANGEL RALPH NIEVES,KNOWN HEIR; MICHAEL J.NIEVES, SR.,KNOWN HEIR; LISA M. BEVAN,KNOWN HEIR 627 Hoot Owl Road Boiling Springs,PA 17007 DEFENDANT(S) COMPLAINT-CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this compliant and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the compliant or for any other claim or relief requested by the Plaintiff. You my lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE 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 REDUCE FEE OR NO FEE. I 1 7� �/ POO LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 (717)249-3166 (800)990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notiticacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demadadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted crumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE AHOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle,PA 17013 (717)249-3166 (800)990-9108 MATTLEMAN, WEINROTH&MILLER,P.C. BY: ALICIA M. SANDOVAL,ESQUIRE ATTORNEY I.D.NO. 311874 401 ROUTE 70 EAST, SUITE 100 CHERRY HILL,NJ 08034 (856)429-5507 ATTORNEY FOR PLAINTIFF Our File No.: 902.88805 BAYVIEW LOAN SERVICING,LLC COURT OF COMMON PLEAS 4425 Ponce de Leon Blvd. CIVIL DIVISION Coral Gables,FL 33146 CUMBERLAND COUNTY PLAINTIFF DOCKET NO. vs. KENNETH W. NIEVES A/K/A KENNETH WAYNE NIEVES, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ANNA TRUMP A/K/A ANNA M. TRUMP A/K/A ANNA M. NIEVES A/K/A ANNA MAY NIEVES A/K/A ANNA GRAMM; ANGEL R. NIEVES, JR. A/K/A ANGEL RALPH NIEVES,KNOWN HEIR; MICHAEL J.NIEVES, SR.,KNOWN HEIR; LISA M. BEVAN, KNOWN HEIR 627 Hoot Owl Road Boiling Springs,PA 17007 DEFENDANT(S) COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Bayview Loan Servicing,LLC authorized to do business in the Commonwealth of Pennsylvania with its principal place of business located at 4425 Ponce de Leon Blvd., Coral Gables,FL 33146. 2. The name and last known address of the Defendant(s)is: Kenneth W.Nieves a/k/a Kenneth Wayne Nieves having a mailing address located at 36 Mill Street,Lot 2,Mount Holly Springs, PA 17065; Angel R. Nieves,Jr. a/k/a Angel Ralph Nieves,Jr. having a mailing address located at 201 Maple Avenue, Apartment 1-1, Marysville,PA 17053;Michael J. Nieves, Sr. having a mailing address located at 101 Andrew Court, Calisle, PA 17015;Lisa M.Bevan having a mailing address located at 409 North Walnut Street,Mechanicsburg,PA 17055. 3. The interest of each individual Defendant(s) is as mortgagor, and/or real owner of the real property subject to the mortgage described below,or both. 4. On or about May 26,2000, in consideration of their indebtedness to Associates Home Equity Services, Inc.,Blair W. Trump and Anna Trump a/k/a Anna M. Trump made, executed and delivered to Associates Home Equity Services, Inc., a Promissory Note in the original principal amount of$96,443.55. The Note was endorsed to Bayview Loan Servicing,LLC by CitiMortgage, Inc. CitiMortgage,Inc. is the successor by merger to CitiFinancial Mortgage Company, Inc. f/k/a Associates Home Equity Services,Inc. Plaintiff is the holder of the Note. A true and correct copy of said Note with Allonge is attached hereto as Exhibit"A"and incorporated herein by reference. 5. On or about May 26, 2000,Blair W. Trump and Anna Trump a/k/a Anna M. Trump made, executed and delivered a Mortgage upon the premises hereinafter described to Associates Home Equity Services, Inc. securing the said Note to the amount of$96,443.55 plus interest and other changes described therein. The subject Mortgage is recorded as follows: Office of the Recorder of Deeds in and for Cumberland Countv DATE OF MORTGAGE: May 26, 2000 DATE RECORDED: August 2,2001 BOOK: 1729 PAGE: 2446 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit"B"and incorporated herein by reference. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee,the legal successor in interest to the original Mortgagee,or the present holder of the Mortgage by virtue of the following assignments, which are a matter of public record and incorporated herein as provided by PaR.C.P. 1019(g): ASSIGNOR: CitiMortgage, Inc. successor in interest by merger to CitiFinancial Mortgage Company,Inc. f/k/a Associates Home Equity Services, Inc. ASSIGNEE: Bayview Loan Servicing,LLC DATE OF ASSIGNMENT: December 5,2013 RECORDING DATE: December 30,2013 INSTRUMENT NUMBER: 201340508 7. The Mortgage is secured by property located at 627 Hoot Owl Road, Boiling Springs,PA 17007, which is more particularly described in the legal description attached hereto as Exhibit"C"and incorporated herein by reference. 8. On or about May 25, 2004,Anna Trump executed a Loan Modification Agreement with CitiMortgage,Inc. successor in interest by merger to CitiFinancial Mortgage Company,Inc. fVa Associates Home Equity Services, Inc. by which the unpaid principle balance was adjusted to a balance of$95,087.41. Borrower's interest rate was adjusted to 6.50%per annum and shall remain fixed for the remaining life of the loan. The maturity date was adjusted to May 5,2034. Said Loan Modification Agreement was recorded in the Office of the Recorder of Deeds in and for Cumberland County on July 23,2004 in Book 710, at Page 726. A true and correct copy of said Loan Modification Agreement is attached hereto as Exhibit"D"and incorporated herein by reference. 9. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Note and Mortgage, due January 5, 2013 and monthly thereafter have not been paid,whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit(if any),and costs of collection including title search fees and reasonable attorney's fees. 10. The following amounts are due on the Mortgage: Principal Balance: $ 81,861.78 6.50% interest from December 5,2012 $ 8,818.59 through August 1, 2014 at$14.58 per day Late Charges $ 60.10 Escrow Advances-Taxes $ 3,725.53 Escrow Advances-Insurance $ 347.70 Corporate Advances-Property Inspections $ 111.00 Corporate Advances-Legal Fees $ 75.00 Foreclosure Attorney's Fees and Costs $ 3,800.00 TOTAL AMOUNT DUE $98,799.70 Interest continues to accrue at the per diem rate of$14.58 for every day after August 1,2014 that the debt remains unpaid. 11. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, and any other lawful foreclosure cost and fees expended by the plaintiff. 12. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sheriff sale,reasonable attorney's fees will be charged. 13. Pursuant to the notice provisions of Act 91, 35 P.S.1680.403 (c)and the notice provisions of Act 6, 41 P.S. 403, as governed by 12 Pa code Section 31.201 et seq. as amended by Act 160 of 1998 effective February 19, 1999,Plaintiff sent the Notice of Intention to Foreclose Mortgage and the Act 91 Notice to Borrowers,Estate of Anna Trump and Blair W. Trump,on January 2, 2014 attached hereto as Exhibit"E." 14. On or about November 14,2000,Blair W. Trump departed this life leaving his wife,Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm,the sole owner of the subject property as the surviving tenant by the entirety. 15. On or about October 31,2012,Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm departed this life leaving a Last Will and Testament in which she devised the rest,residue, and remainder of her estate to be divided amongst her four children,Angel R. Nieves a/k/a Angel Ralph Nieves,Michael J.Nieves, Sr.,Lisa M. Bevan, and Kenneth W.Nieves a/k/a Kenneth Wayne Nieves. 16. On July 31,2013, said Will was admitted to the Reigster of Wills of Cumberland County, Pennsylvania bearing File Number 21-13-0828. 17. On July 31, 2013,Angel R.Nieves,Jr. a/k/a Angel Ralph Nieves,Jr. filed a Renunciation of the right to administer the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M. Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm with the Reigster of Wills of Cumberland County, Pennsylvania and requested the appointment of Kenneth W. Wayne a/k/a Kenneth Wayne Nieves, son of Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm, as Executor of the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M. Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm under File Number 21-13-0828. 18. On July 31, 2013,Michael J. Nieves, Sr. filed a Renunciation of the right to administer the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm with the Reigster of Wills of Cumberland County,Pennsylvania and requested the appointment of Kenneth W. Wayne a/k/a Kenneth Wayne Nieves, son of Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm, as Executor of the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm under File Number 21-13-0828. 19. On July 31, 2013,Lisa M. Bevan filed a Renunciation of the right to administer the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm with the Reigster of Wills of Cumberland County,Pennsylvania and requested the appointment of Kenneth W. Wayne a/k/a Kenneth Wayne Nieves, son of Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm, as Executor of the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M. Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm under File Number 21-13-0828. 20. On July 31,2013,the Reigster of Wills of Cumberland County,Pennsylvania granted Kenneth W.Nieves a/k/a Kenneth Wayne Nieves Letters Testamentary naming him the Executor of the Estate of Anna M. Trump under File Number 21-13-0828. 21. Accordingly,Kenneth W. Nieves a/k/a Kenneth Wayne Nieves is joined herein in his capacity as the Executor of the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M. Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm and individually, as an heir, in order to foreclose all of his interest in the subject property. 22. Accordingly,Angel R.Nieves,Jr. a/k/a Angel Ralph Nieves,Jr. is joined herein in order to foreclose any interest he may have in the subject property as an heir to the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm. 23. Accordingly,Michael J.Nieves, Sr. is joined herein in order to foreclose any interest he may have in the subject property as an heir to the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M.Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm. 24. Accordingly,Lisa M. Bevan is joined herein in order to foreclose any interest she may have in the subject property as an heir to the Estate of Anna Trump a/k/a Anna M. Trump a/k/a Anna M. Nieves a/k/a Anna May Nieves a/k/a Anna M. Gramm. 25. Defendant(s)has failed to cure the default and Defendant(s)has failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 26. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit"F." WHEREFORE,Plaintiff respectfully requests this court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph ten (10)of this complaint$98,799.70,plus additional fees and costs expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance costs or repairs and any and all other advances hereafter made by the Plaintiff,pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property,plus 6% legal rate of interest, from the date of Judgment to the time of sale. MATTLEMAN, WEINROTH&MILLER,P.C. BY: ALICIA M. ANDOVAL,ESQUIRE ATTORA NO. 311874 VERIFICATION The undersigned hereby states that he/she is an authorized officer,representative or agent for Plaintiff, Bayview Loan Servicing,LLC, in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, Bayview Loan Servicing,LLC,and that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff, Bayview Loan.Servicing,LLC, in the ordinary course of business and that those facts are true and correct to the best of his/her knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.'4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: Name: Compan i Title: Document Coordinat r Loan Number: Borrower(s):Estate of Anna Trump fi. EXHIBIT "A" NOTE LENDER: 1 BORROWER: Associates Hmtte Equity Services, Inc. SIAM W. 'InIM and AIA TM4P 8333 Ridgepoint Drive 627 HOOT OWI, ROAD Irving, TX 75063 EOILIDG SPRIlW7S, PA 17007 LOAN DATE PRINCIPAL MATURITY DATE AND FINAL PAYMENT DATE 05/26/2000 $96,443.55 06/05/2030 "1,""toe"and"mv'refer to the borrow-er(s)named above. "You'and";our"refer to the lender named above. REPAYMENT I promise to pay you,at your office,the address of which is shown above,or at a different place if required by you,the Principal stated above together with interest calculated at the Agreed Rate of Interest shown below until fully paid. 1 will repay my loan by making the monthly payments set forth in the Payment Schedule below. Payments will be made on the same date of every month beginning on the First Payment Date until the loan is fully paid.if there is no such date in any month that follows,payment will be made on the last day of that month. My monthly payment-will be applied to interest before principal, If I still owe amount;under this Note on the Maturity Date,1 will pay those amounts in full on that date. Payment(s)in the amount(s)shown below will be due monthly as shown below, AMOUNT DUE DATE(S) $ 707.66 Begirming 07/05/2000 All amounts owed will be due and payable on the Final Payment Date shown above. ❑If this box is checked,the following provision applies. My loan is payable in full at the end of 0 year(s). A payment of$ 0.00 and all other amounts owed will be due and payable on the Final Payment Date shown above. The Alternative Mortgage Transaction Parity Act of 19V-governs this loan. AGREED RATE The Agreed Rate of Interest on my loan is $,000 `.'c except as stated below. OF INTEREST N this box is checked,the following provision applies. From the effective date(s)shown below and for months thereafter,the Agreed Rate of Interest on my loan will be: AGREED RATE OF INTEREST EFFECTIVE DATE Then the Agreed Rate of Interest will be that first stated above. I agree to pay interest on therincipal balance remaining after the Maturity Date shown above at the Agreed Rate of Interest in effect an that date,until the loan is paid in full. DEFAULT I will be in default if I fail to pay any payment or part of a payment on time or if I fail to comply with any of the terms of the Mortrtge Deed on the real estate even as security for this loan. If I default,you have the right to declare the entire unpaid amount of my loan immediately due and payable without giving me notice of the default or asking me to pay. If this Note is secured by a mobile home,I will be given notice of my right to cure the default if I am entitled to this notice. if you declare the balance of my loan due and payable,you have the rights and remedies provided for in the Mortgage Deed that secures this loan,including the right to require me to pay any deficiency. 1111111 111111111!II II i►III f I I!IIIA Ilii II►I11i E NOTICE: See additional pages for additional loan terms. FDPA200137 FIXED RATE NOTE Page 1 of 2 FD909PAI 08/98 660909 (Rev.05-01-98) ATTORNEY I agree to pay reasonable attorney's fees if this Note is ref0d for collection to an attorney who is FEES not vour salaried employee. PREPAYMENT I have the right to make prepayments of principal at any time. When I make a prepayment I will tell YOU on my payment coupon. All prepayments will be applied to applicable charges with the remainder to principal. If 1 make a principal prepayment there will be no changes in the due dates or changes to the amount of my monthly payment unless you agree in writing to those delays or changes. If I prepay in full,no part of the loan fee will be refunded. BAD CHECK if any check or instrument given as payment on this indebtedness is dishonored,l agree to pay a service CHARGE charge of S20.(N). DELAY IN You can delay enforcing your rights under this Note without losing them. If I default in complying ENFORCEMENT with any of the terms of my loan and you do not declare the loan balance immediately due and payable,this does not mean you cannot do so in the future if I default again. SECURITY FOR I give you a Mortgage dated the same date as this Note to assure payment of my loan. THIS LOAN ARBITRATION The parties have on this date entered into a separate Arbitration Agreement,the terms of which are incorporated herein and made a part hereof by reference. BY SIGNING IN THE SPACE BELOW,I ACKNOWLEDGE THAT 1 HAVE RECEIVED A FULLY COMPLETED COPY OF THIS NOTE. O o (Witney) BLAIR W. TRLMp y (Rorno%er)(Date) (�vitnes�) AMR T .1('IQ ----- (Rormw-er)(DNtc) (Rorrow•er)(Dac) (Borra.cr)(Date) NOTICE: See additional pa6". for additional loan terms. FDPA200137 FIXED RATE NOTE Page 2 or 2 98 FD909PA2 08 660909 (Rev.05.01-96) / 7/15/2014 //seci https: mages.bftg.corr✓PVEPrintFile.aspx c�^i� NOTE ,LLON E Stetemeat of PUrpvse:This Note Allonge is attached to and made part of the Mote,for the purpose of Noteholder Endorsements to evidence transfer of interest. Loan Number: Loan Date: 5126/2000 Original Loan Amount:4 96:443.55 Originator., ASSOCIATES HOME EQt7 Ty SERVICES,IsC�. Original Wartgagor BLAIR W. TRUP AIS'#.ANNA TgtMP Property. Addrewn 627 HOOT OWL ROAD,BOILING SPRIlUGS,PA.17007 Pay to The Order of BAYVIEW LOAN SERVICING; LLC A DELAWARE LIMITED LIABILITY COMPANY Without Recourse id No: `13139103` BY: A I Melanie A.Amddt,Vice President . 4i1'1�A'Plglvi`i�S�:O 13 https://secimag es.bftg.comPVEPrintFile.aspx 1/1 EXHIBIT "B " 05-14-'14 16 T-400 P0016/0028 F-132 01 C ROBERT '. ZIECLER RECORDEr, OF DEEDS CUMBERLAND COUNTY—RA '01 AUG Z AM 1-103 Plage Return 7b.- Associates b:Associates Nome Equity Sot-vices, Inc. 8333 Ridge-point Drive Irving, Tic 75063 MORTGAGE THIS MORTGAGE,entered into o0. may 26, 2000 ,between ELXM W. TRUMP and ANIS TRUMP, HUSBAND AND WIPE of 627 FOU' UWL ROAD, $OIL= SPRn=, PA 17007 ,herein called"Mortgagor-,and Associates Hcm > gLti.ty Services, Inc. having an office and place of business at: 8333 Ridgepoint Drive, Irving, T% 75063 herein called"Mortgagee". ';. WTTNESSEIYI,that to secure payment by Mortgagor of a Note dated the same as this Mortgage in the ruxu of$ 96,443.5S together with interest at the rate stated in the Note,Mortgagor dog by these present:. sell,grant and convey to Mortgagee,ALL the following described real estate situated in the of County of CUMBERLAND ,Commonwealth of Pennsylvania, desct117e as fQIlOwS= SEE EXHIBIT 'A' ATTACMD 1UPAIC} AND YADE .A PART IOMF Parcel ID: aISO )CnaWI1 2S_ 627 HOOT OWL ROAD, BOILING SPRINGS, PA 17007 TOGETHER with all the buildings and improvements thereon and-additions and alterations thereto,including all alleys, passageways, rights, liberties, privileges, beTeditaments and appurtenances whatsoever thereunto belonging, or appertaining,herein called the"Mortgaged Premises." TO HAVE AND TO HOLD the Mortgaged premises hereby granted and conveyed unto Mortgagee,to and for the use and behoof of Mortgagee,its succcs,Sors and assigns,forever, TMS MORTGAGE IS MADE subject to the following conditions, and Mortgagor agrees: L Mortgagor will mike all payment-, on the due date thereof and perform all other obligations as required or provided harem and in said Note. 2 Mortgagor will pay when due all taxes and assessments levied or assessed against said premises or any part thereot and will deliver receipt,therefor to the Mortgagee upon request. 3. Mortgagor will keep the improvement-on said property constantly irrsuxed agaimt fire and othex such hazards,in such amount and with such carriers as,Mortgagee shall approve,with loss,if any,payable to Mortgagee as its interest may appear- 4, Mortgagor will neither commit nor suffer anystrip, waste, impairment or detorioratioA of the Mortgaged Premises,and wM maintain the same in good order and repair. 5. In the event the Mortgagor sells, agrees to Sell,conveys,assigns or alienates the Mortgaged Premises, all obligations secured by this Mortgage shall become due and payable at tho option of the Mortgage. 6. In the event the Mortgagor defaults in the making of any payment due and payable under said Note or in the keeping and performance by Mortgagors of any of the conditions of covepants of this Mortgage or said Note,Mortgagee shall be entitled to the rents,issues and profits from the Mortgaged Premises and Mortgagee may forthwith bring an Action of lvMortgagc Foreclosure hereon or institute other foreclosure proceeding.,upon this Mortgage and may proceed to judgment and execution to recover the balauee due on said Note and any other sums that may be due thereunder, including reasonable attorney's fees,costs of suit,and cost,-,of sale,all as allowed by law,together with interest after judgment until the full amount due Mortgagee is paid- FOPIA200137 SEGUAITY INSTRUMENPt 1 rt/2nd Page'] of 3 M519Pg1 01/m 619519 BK 1729PG2446 05-14-'14 16:L- _ T-400 P0017/0028 F-132 In the eventof default or upon abandonment of the Mortgaged Premises,the Mortgagee,is person or by agent, shall be entitled to enter upon, take possession of, and manage the property, and to tollect the rents of the property including those past due. Any rents collected by the Mortgagee shall be applied first to payment of • the costs of management of the property, collection of rents,and reasonable attorney's fees,and then to the sum secured by the Mortgage. BUT PROVIDED ALWAYS,THAT 17 Mortgagor docs pay or cause this Mortgage and the debt hereby secured to be paid in full on the day and in the manner provided in said Note,then this Mortgage and the estate hereby granted shall cease and determine and become void,anything herein to the contrary notwithstanding- The covenants herein contained shall b1nd, and the benefits and advantages shall inure to the respective heirs,executors,administrators,successors,and assigns of the parties hereto. Whenever used, the-ingalar number shall include the plural, the plural the singular,and the use of any gender shall be applicable to all genders. Payment of this Mortgage is subject to the terms and conditions of said Note of even date between Mortgagor and Mortgagee. IN WITNESS WHEREOF,the said Mortgagors have siggned this Mortgage with seal(s)affixed,on the date first above written. Signed Sealed and Delivered in the Presence of �-UJ.OIAA� wilo c BLAIR. W. TOM 414& 4;2� Witness ANNk 71U1V (Mortgagor) – (Mortgagor} (Mortgagor) COMMONWEALTH OF PENNSYLVANIA COUNTY OF L L,-m b VA,—LA,,, t SS. On this day of Q Q 0 ,before me, t came BL,AIR W. '1'1zt7MP and. Alm ` Mv]P �� MertMor(s)above named,and acknowledge the within Mortgage to be %/" act and de to be recorded as such. ~u WITNESS my hand and seal the;day and y=aforesaid. •.obi.�`t.y Y �}\.•,:•r`,. My commission FDW200137 L tdoel wry put m O Public SECURITY INSTRUME1� Page 2 of 3 FD514PA2 01/98 05-14-'14 16; T-400 P0018/0028 F-132 CERTIFICATE OF RESIDENCE i, /✓d P141- 3�>o 'I AJ - ., of �•---�--- CrA r w.a7l..✓ Mortgagee named is the foregoing Mottgne,hereby certify that the address of said Mortgagoe is -V;IP-3k WITNESS my band,this ` r' day of _ r/�7 x"-V (Signature) �Ar t: /1. �4!►.ti.J (Type or print name) (Title) MOR'T'GAGED MEMISkS: Post office COMMOTVWEAJ-TH OF PENNSYLVANX& SS: COUNTY Ofi' RECORDED on this day of in the Office for Recording of Deeds of said Coimty,in Mortgagee Book No. , Page RECORDER SECURITY INSTRUMENT ist/2nd page 3 of 3 FW19PA3 6Y/W 6,85,9 BK 1729PG2448 05-14-'14 16:5- """"" """ '"""""'"'" T-400 P0019/0028 F-132 TRUMP EXHIBIT "A" - LEGAL DESCRIPTION - PAGH 1 of 2 ALL MM TWO (ERTanJ TRACTS OF LAND SITMM IN =MH WWBIP, ClIGERIAND CADNTY, PENNMVANIA, BE= P E PARTICULARLY gOMM AMID DESCRIBED AS FOLl ows, TO WIT: TRACT 1: M,-INNINO AT A POINT AT =ZtM OF LANDS N/F OF HARRY CRTSWELL, ET AL AND tW= fit/F OF WINFRED S. WIlN73ATE; THWC8 FROM SAID BMIIW= POINT BY LANEG N/F OF HARRY CRISWB LL, NORM TWMM AMID CNE-HALF (20 1/2) DBMZE6S WEST A DISMKE-OF NnWN-TWO AND THREE TWIHS (92.3) FEET, MARE OR LESS, M A POST; UMM BY LANDS N/F OF JOW SHU,4lhRT NORM SIM-NINE AMID CNE-HALF (69 1/2) DWREES EAST A DIGIMM OF TWO HLN7RED Nnllk,=-SEVEN AND EIGHT TERMS (297.8) FRET TO A POST; THENCE BY LIM OF LANDS N/F OF JOW NEELY SCAM THIRTY-NINE AM 'THREE VJA� (39 3/4) DBGREES &Wr A DISTANCE OF CNE HUNDRED AND 1IRM (103) FEET, NDRE OR LESS; TMUM BY LANDS N/F OF WINE7M S. WINGATE, SOUTii SIXTY-NINE AND CNE-HALF (69 1/2) DMt WEST A MSMX2 OF THREE HIAMRM 7 EM-NINE (329) F,E6T, MARE OR LESS, 70 THE PLACE OF BWINNING. CDN'TIM= 0.664 ACRES,, MORE OR LESS. TRACT 2: BHG]3 UM AT A POST AT LINE OF LAND N/F OF HARRY CRISWELL, ET AL, AT LINE OF TRACT PREVIOUSLY CONVEYED BY LEVI L. ENCK TO LES M?RRETTE; TIS FROM SA7@ BEGINN= POINT BY LANDS N/F OF HARRY CRI-.SWELL, NORTH 7KENTY AND K ! 729PG244 9 05-14-'14 16:52 """"' """ '"""""^" T-400 P0020/0028 F-132 TRUMP KBIT "A' - LW- L DESCRIPTION - PAGE 2 Of 2 CM-HALF (20 1/2). DIDMEES WEST A DISTANCE OF THRM HIMW (300) FEET M A IVO=; TSE IM BY IANDS NIP OF LEVI L. ENC K, 14ORM qlny-N= AND CNE-HALF (69 1/2) DBMMS EAST A DISTAt:B OF MU= HMDM) -NM (329) Fh'E'I PURE CP- L113S TO A POINT; BY LINE OF IMM N/F OF MM DTBELY, SCSI TMR.TY-N= AVID CNE-HALF (39 1/2) DBMS FAgr A DISTANM OF THIS H UNDpM AND 7MMY (320) FEET, YME OR LESS, M A POINT; TINM BY In= N/j' OF IEE RETIE SOCJIIi SIXTY-NM AND =-HALF (69 1/2) DAA QST A 1)=I;= OF FOUR H[MMM TfIIIrTY-EIGHT (438) F89r, MME OR LESS, 10 TILE PTAM OF BMI NNING. C]Or7I'AINIM 2.645.ACRES, Mm cR LsSS. 7014-TDER WM A RIMIT-OF-WAY Fm = R RPOSF OF MMESS AIS MESS To AND FRONT 'JIM PROPM= JMETN ODNVEM, IN MMM WMH TIS GRANIURS HEREM4 TMIR HEIRS, AMID ASSIGNS, OVER THE PRESEnLY P.XIS= PRIVATE ROAV MCrMWING ALCW. 7M WESTERN SIDE OF TM RIIAINIM TRAGI OF THE GRAWIMS. AS "ORH RJLLY DRSatBD IN DEED WOK Z-35, PAGE 205 AND REOCMm 11-02-92. KNOWN AS 627 M= CWL RD 1 Certify this to be recorded In Cumberland County PA i BK 1729PG2450 Recorder of Deeds EXHIBIT "C" TRUMP EXHIBIT "A" - LEGAL DESCRIPTION - PAGE 1 of 2 ALL Tf3O.SE TWO CERTAIN TRACTS OF LAND SrIUU-E IN M2 ROE TOpgNSHIP, GLEAM CLATTY, PWSYLVANIA, BEING NIJRE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TU WIT: TRACT 1: EMIN = AT A POINT AT aWM R OF LANDS N/F OF HARRY CRISWELL, ET AL AND LANDS N/F OF WINED S. WI MATE; TFC FROM SAID BFXsnw= ROINT BY LANDS N/F OF HARRY C3RISWELL, NORTH 7431'IY AND CNE-HALF (20 1/2) DENS WEST A DISMUM OF ND=-TWO AND TRREE TmnJ s (92.3) FEET, V=' OR LESS, TO A POST; THENCE BY LANDS N/F OF JOHN SHU:iIRT NORM S=-NINE AND ONE-HALF (69 1/2) DTREE9 EAST A DISTANCE OF TJ,RO HUNMED NIN IY-SEVEN AND EIG-PT TENTHS (297.8) FEET TOA POST; THENCE BY LINE OF LANDS N/F OF JOHN NEELY SO(TIH THIRTY-NINE AND THREE QUARTERS (39 3/4) DD:EES EAST A DISMICE OF ONE MMED AND THREE '(103) FEET, MORE OR LESS; THENCE BY LANDS N/F OF WM?M S. WIICATH, SOUTH SIXTY-NINE AMID ONE-HALF (69 1/2) DEGREES WEST A DISTANCE OF MiREE H[ZMM ZAMM-NINE. (329) FFA'!', mmE OR LESS, TU THE PLACE OF EMIN T=. 0XMUN= 0.664 ACRES, NDRE OR LESS. TRACT 2: BEGUVIM AT A POST AT LINE OF LAND N/F OF HARRY ORISWELL, ET AL, AT LINE OF TRACT PREVIOUSLY 02VEYED BY ISVI L. EKK TO LEE MORRFTIS; THENCE FRam SAID BES=Zi POINT BY LANDS N/F OF R4RRY CRISWELL, NORTH TWE= AND 8K ! 729PG2449 tRump EXHIBIT "A" - LEGAL DESCRIPTION - PAGE' 2 OE 2 ONE-HALF (20 1/2) DESREES WEST A DISTANCE OF THREE HMZ)RED (300) FEET TO A POINT; TH= BY LANDS N/F OF LEVI L. ENCK, NMTH SI?CIY-NINE AND ONE-HALF (69 1/2) DEQ EAST' A DISTANCE OF M-1REE HCfiWM 7A -NINE (329) FEET Y= OR LESS TO A POINT; THENCE BY LINE OF LANDS N/F OF JCM NEELY,-SOUTH THIRTY-NINE AND aM-HALF (39 1/2) DEGREES FAST A DIST OF nPEE HUNIDRED AND TWENTY (320) FE9r, MME OR LESS, TO A Polar; THENICE BY LANDS N/F OF LEE mmRETTE SO= SMY-NDE AMID d4E-HALF (69 1/2) DBSREES WEST A DISTANCE OF FOUR BUMMED THIRTY-EIGHT (438) FEET, MORE OR LESS, TO THE PLACE OF BEXaIN7Nr2I�. CJDTfiP� 2.645 ACRES, MORE OR LESS. MGBMMR WIM A RIGffr-0F4AY FOR M PURPOSE OF INGRESS AND E KESS 70 AND FROM THE PROPE7e IY HEREIN CX NEYEO, IN OXfW =.d THE GRMIORS HMEIN,. THEIR HEIRS, AND ASSIGNS, OVER TM PRESENTLY r"'}CSTTNG PRIVATE ROAD EXT E DING ALOIN THE WESTERN SIDE OF THE RENA3IMr TRACT OF THE GRAIIIOR.S. AS MME FULLY DES(3ZMID IN DEEB BOK Z-35, PACE 205 AND RECORDED 11-02-92. KNOWN AS 627 HOOT OWI, RD I Certify this to be recorded In Cumberland County P,A, Recorder of Deeds BK ! 729PG2450 EXHIBIT "D " 05-14-'14 16:-- --- -- - ------ --- T-400 P0021/0028 F-132 - ,alt% MODIFICATION OF LOAN AGREEMENT/NOTE COMMW.OF PENNSYLVANIA SS:KNOW ALL MEN BY THESE PRESENTS: COUNTY OF CUMBERLAND WHEREAS,BLAIR W.TRUMP(deceased,November 14,2000)AND ANNA TRUMP,hereinafter called"Borrower(s)"being legally obligated to pay that certain Loan Agreement/Note in the original principal sum of 596,44355 dated MAY 26,2000,executed by the Rorrower(s)which promissory nate is now held by and payable to CITOINANCIAL MORTGAGE COMPANY,INC.F/K/A ASSOCIATES HOME EQUITY SERVICES,I<NC. VMEREAS,such Loan Agreement/Note is secured by a mel estate dVlattga�gtlAetd _ s Trust,e=uted by grantors or mortgagors("Grantors"),BLAIR W.TRUMP AND AMA �:, TRUMP,recorded on AUGUST 2,2001,IN BOOK 1729,PAGE 2446 inthe Office of the r„ Recorder of Deeds of CUMBERLAND County,State of PENNSYI VANU covering the following described rod estate located in CUMBERLAND County,State of PENNSYLVAN&A, to wit: CDP ==i Legal Description- SIS EXHWIT"A" = irn r r� -� rn Property Address: r 1 o `" 627 Root Owl R02A Bail SPS PA WHEREAS,the Borrower(s)and Coantor(s)now desire to extend or modify the twm or manner of payment of said Loan Agreer»C3tut/Note and to extend and carry forward said lien on said read estate,and WHEREAS,C1T1FiNANCIAL 1vIORT"GE COMPANY,1'NC.,tine legal owner and holder of said Loan Agreement/Note and of the lien wowing the same,at the request of the Borrower(s)and/or Grantor(s)has ag=d to extend or rearrmp the tu=or mama of payment of said Loan Agreemmt/Note as hereinafter provided,and whereas,in consideration of the premises contained herein,the parties desirt to enter into a separate Arbitration Agreement,tine terms of which are to be incorporated by references herein and made a part thereof. NOW,TFIEREFORE,m consideration of the modification of payment of said Loan Agreement/Note as hereinafter set forth by the:legal owner and holder thereof,the$orrower(s) hereby promise to pay to CifiVinancial Morgage Cotqxmy Inc_,the sty of 545,087M(being tho present unpaid principal balance of said Loan Agreemeat/Notc),together with interest thereon at the rate of slz point Ove per cent(6.5%)per annum.after date hereof until maturity,as follows: Tu 359 monthly installments of$601.01 each,and One(1)payment of 5601.01 including interest, the first of such installments which shall be due and payable on the a day o0aue,2004 and,a h1m installowat shall be due and payable on the same day of each succeeding month hereafter until May-S;2034,when the entire-balance consisting of all Unpaid principal and accrued interest shall be due and payable. Each insudirntut shall be applied first to the payment of accrued interest due on the unpaid ptincipal balance and the rem order of each nxvAllir at shall b' - applied to the reduction of principal. Bou 710 PAGE 726 05-14-'14 16:5 T-400 P0022/0028 F-132 The Bormwer(s)and Grantors)acknowledge and agree that in addition to the principal balance described alcove,the Borrowers)are currently obligated to CitiFinancial Mortgage Company Inc.for the following additional charges(hereinafter referred to collectively as the "Additional Amount"),which together with the principal balance described above shall be secured under the real estate mortgage/deed of trust descnbed above: (i) Accrued Interest $0.00 (ii) Yate Charges $0.00 (iii) Advances regarding real Estate taxes $0.00 (iv) Advances regarding prior $0.00 Lien-holder or other claims Against property (v) ,Appraisal fees,attorneys fees, Costs,foreclosure or other Legal expenses(if any) Total/Additional Amount $0.00 In addition to the principal and ingest payments to be made by the Borrower(s)as set forth above,the Borrowcgs)agrees to pay the Additional Amount to CitiFinancial Mortgage Company Inc.without interest on the May S,2034 Maturity Date or if soomr,the date on which the remaining principal balance,or any portion thereof,is prepaid,it being understood that any prepayments shall first be applied to reduce the Additional Amounts(if any)set forth about. Notwithstanding the forcgoirM to the extent the personal liability of either or both of the Borrower(s)(if more than one)has been discharged in baWmVey with respect to any amount payable hereunder,nothing umtained herein shall be construed to impose personal liability to repay any such obligation on the Borrower(s)whose obligations have been so disclisrged.The Borrowers)and Grantor(s)acknowledge that in programming CitiFinaacial Mortgage Company Iris.computer system$o as not to ague interest on the Additional Amount set forth above,such portion of the balance r-uay not be reflected in the loan amotmt reported by Citif inancial Mortgage CoiaVany Inc.,to any credit reporting agency or reported as part of the balance on any receipt or statement issued by CitiFinancial Mortgage Company Inc.Nevertheless,the Borrower(s)and Grantor(s)aclaaowledge that such Additional Amount is a part of the debt which is due and.payable as set forth above. The Grantor(s)hereby extend said lien on said property until said indebtedness and Loan Agreement/Note as so modified and extended has been fully paid,and agrees that such modification shall in no manner affect or impair said roan Agrc=ent/Note or lien securing same and that said lien shall not in any mer be waived,the purpose of this instrument being simply to extend or modify the time or manner of payment of said Loan AV=ment/Note and indebtedness and to carry forward the lien securing same,which is acknowledged by the Borrower(s)and Grantor(s)to be valid and subsisting. The borrower(s)and Gramtor(s)further xgree(s)that all terms and provTidons of the origbuni Lotuu Agreement/Note and of the Instrument secaring same shall be and Tremain in full force and efiFed as writttn,except as otherwise eVressly provided for herein,provided,however,that the$orrowrr(s)and Grantor(S)hereby acknowledge and agree that any adjustable rate,freedom loan or other loan document terms,riders or agreements which may provide the increases or decreases in the applicable interest rate shall no longer be effective and shall be superceded by the terms of this Agreement,which,among other tbungs,establishes a fixed interest rate. BOOK 7.10 PAGE '727 05-14-'14 1E T-400 P0023/0028 F-132 The Dwrowcr(s)and Grantor(s)acknowledge that mq credit insurance which may have been purrchawd in connection with the original Loan AgrcGn=VNott will oontinue to cover only the coverage described in the tett ficate of insurance,such that extending the maturity of the original Loan Agreement/Note dors not extend omit instuance coverage,The Horrowc*)and Gmtor(s)f edior acknowledge that any disability uisurance benefits paid to CiUmancial Mortgage Company Inc.,stall be applied to the debt,de*t*the fact that the amount of the monthly benefit may exceed the amount of the modified payment:. EXECUTED this A5114 Day of y ,700 Agreed to by tht owner and holder of the Loan A.gretmcnt/Note. CrMINANCIAL MORTGAGE COWANY,INC. FM TES HOME EQUITY SERVICES,INC. 3y: I)ate. �+ $ Alma Trump Date: .5--2-5—4 7` WrrNESS- Date: _• �4 /-t Date: BOOK 710 PACE 728 05-14-'14 16;! T-400 P0024/0028 F-132 AC INOWLED►GMEIST STATI;OF ) g " )S5. COUNTY OF ' ) On this y o 2tZEfbefore me, The gned Notary Public or Officer,personally appeared -��-'��U,w as well as the witnesses signing above each of whom arc wn to me{or satisfactorily proven)to be the person whose names we subscribed to the within instrument and acknowledged that he/she executed or witnessed the same for the purposes themm contained. In Witness Whereof I beretudo set my hand and official seal. Public My Commission Exp ir AW Ddxab L Q dwft Nowy ISP � Ja1yf,� CORPORATE AC"OWLEDGEMNT STATE CE TEXAS ) )SS COUNTY OF DAILLAS ) On this day of �ur►�, ,2004,before me, VA04M" @k who aclnowledgod himself/herself to be the of CUIFINANCIAL MORTGAGE COMPANY, INC.F/K/A ASSOCIATES ROME EQUITY SERVICES,INC.,and that he/she,as such,being authorized so W do,executed the foregoing instrument for the purposes therein contained,by signing the mane of said corporation as its Director. In Wimcss Whereof I hcrcnnto set offixCial al. , Notary public My Commission Expires: 'y, w"��-a- GALE ENANS " STATE OF TOM Caren.Eau,0"1-200? BOOK 710 PacE 729 --- ....... . . 05-14-`14 16:53 T-400 P0025/0028 F-132 EXHIBIT"A" One-half(20 '/2)degrees West a distance of Three Hundred(300) feet to a point;thence by lands alf of Levi L. Rnck, North Sixty-uine and one-half (69 %z) degrees East a distance of three Huudred Twenty--nine(329) feet more or less to a point;thence by line of lands n/f of John Neely, South Tbirty Nine and one-Half (39 '/Z) Degrees East a distance of three hundred and twenty(320)feet,more or less,to a point;thence by lands n/f of Lee Morrette South Sixty-nine and one-half(691/x)degrees West a distance of Four Hundred Thirty-eight(43 8)feet,more or less,to the Place of beginning. Contemning 2,645 acres,more or less. Together with a right of way for the purpose of ingress and egess to and from the property herein conveyed, in common with the grantors herein, their helm, and assigns, over the presently existing private road extending along the Western Side of the remaining tract of the grantors,as more fully described in deed book Z-35,page 205 and. recorded 11-02-92. Known as 627 Hoot Owl Road. T Cc to be recorded in C County PA Keeorder of Deeds eaUK 710 PALE 730 EXHIBIT "E" ESTATE OF ANNA TRUMP Blair W Trump 627 Hoot Owl Rd Boiling Springs PA 17007-9300 7190 1128 9261 0011 0582 N I � BAYVIEW LOAN SERVICING January 2,2014 VIA FIRST CLASS MAIL AND CERTIFIED MAIL/R.RR ESTATE OF ANNA TRUMP BLAIR W TRUMP 627 HOOT OWL RD BOILING SPRGS PA 17007 Loan Number: �o Property Address: 627 HOOT OWL RD BOILING SPRINGS PA 17007 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Estate Of Anna Trump&Blair W Trump: The MORTGAGE held by Bayview Loan Servicing,LLC (herein as "BLS") (hereinafter we, us or ours) on your property located at: 627 HOOT OWL RD BOILING SPRINGS PA 17007 IS IN SERIOUS DEFAULT because you have not made the monthly payment (s) and other charges for the months of 01/05/2013 through 01/02/2014 as follows: Next Payment Due Date 01/05/2013 Total Monthly Payments Due $7,212.12 Late Charges $30.05 Other Charges: Uncollected NSF Fees $0.00 Other Fees: $0.00 Corporate Advance Balance: $97.00 Unapplied Balance: 0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $7,339.17 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter,is$7,339.17: You may cure this default within THIRTY(30)DAYS of the date of this letter,by paying to us the above amount of$7,339.17,plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check,certified check or money order. Please include your loan number and property address with your payment and send to: Bayview Loan Servicing,LLC 4425 Ponce De Leon Blvd,5th Floor Miami,FL 33146 PA ACT 6 NOI Page 1 of 3 If you do not cure the default within THIRTY(30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you,you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over$50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period,you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. -o If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due,as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) month from the date of this notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-771-0299.This payment must be in cash,cashier's check,certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE,AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST.YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However,you are not entitled to this right to cure your default more than three times in any calendar year. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, BLS offers consumer assistance programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be eligible for a loan workout plan or other similar alternative. If you would like to learn more about these programs, you may contact the Loss Mitigation Department at 1- 877-205-9958, 9:00 a.m. - 6:00 p.m. Midnight, Monday - Friday, Eastern Standard Time. WE ARE VERY INTERESTED IN ASSISTING YOU Attention Servicemembers and dependents:The Federal Servicemembers' Civil Relief Act("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently in the military service, or have been within the last nine (9)months, AND joined after signing the Note and Security Instrument now in default, please notify BLS immediately. When contacting BLS as to your military service,you must provide positive proof as to your military status. If you do PA ACT 6 NOI Page 2 of 3 not provide this information, it will be assumed that you are not entitled to protection under the above- mentioned Act. If you are experiencing financial difficulty, you should know that there are several options available to you that may help you keep your home. You may contact a government approved housing counseling agency which provides free or low-cost housing counseling. You should consider contacting one of these agencies immediately. These agencies specialize in helping homeowners who are facing financial difficulty. Housing counselors can help you assess your financial condition and work with us to explore the possibility of modifying your loan, establishing an easier payment plan for you, or even working out a period of loan forbearance. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling . agencies,please call 1-800-569-4287 or visit hM://www.hud.gov/offices/hsv-/sffi/hcc/hcs.cfm. You may be eligible for assistance from the Homeownership Preservation Foundation or other foreclosure counseling agency. You may call the following toll-free number to request assistance from the Homeownership Preservation Foundation: 1-888-995-HOPE(4673). If you wish, you may also contact us directly at 1-800-771-0299 and ask to discuss possible options. This matter is very important. Please give it your immediate attention. Sincerely, Bayview Loan Servicing,LLC 4425 Ponce De Leon Blvd,5th Floor Miami,FL 33146 1-800-771-0299 FEDERAL LAW REQUIRES US TO ADVISE YOU THAT BAYVIEW LOAN SERVICING, LLC IS A DEBT COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY,PLEASE PROVIDE US WITH THE ATTORNEY'S NAME,ADDRESS AND TELEPHONE NUMBER. PA ACT 6 NOI Page 3 of 3 W7190,notwil r%- rl-- - M rn OFFICIAL USE �' E:1 Postage $ r-I; r� Certified Fee M Return Raoeipt'l2e Postmark ���""'�'� Q' {Endorsement Required) Here i t3 M Restricted Dafivary Fae Q Q (EJedorsement Required) M M �w 1 U Total Postage$Fees ni M. 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Article Number .7U13` 2630 -0001 0033 7619—_I (Tiansrerfrom S-WCQ labeo PS Fotrn 3811,July?)13 Domestic Return Receipt r r r• i BAYVtEWp LOAN SERVICING II January 2,2014 + VIA FIRST CLASS MAIL AND CERTIFIED MAILIRRR ESTATE OF ANNA TRUMP BLAIR W TRUMP 627 HOOT OWL RD BOILING SPRGS PA 17007 r Loan Number: Property Address: 627 HOOT OWL RD BOILING SPRINGS PA 17007 PA ACT 91 NOI Page 1 of 6 i i .Date:January 2,2014 VIA FIRST CLASS MAIL AND CERTIFIED MAIL/RRR i !i ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEO'WNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM {HEMA-P) may be able to help save your home This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT i COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name,address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice If you have any questions,you may call the Pennsylvania Housing Finance Agency toll-free at(800) 342-2397. (Persons with impaired hearing can call (717) 780-1869).This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA: PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO `HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDDBR SU HIPOTECA. PA ACT 92 NOI Page 2 of 6 i HOMEOWNER'S NAME(S): ESTATE OF ANNA TRUMP BLAIR W TRUMP PROPERTY ADDRESS: 627 HOOT OWL RD BOILING SPRINGS PA 17007 LOAN ACCT.NO.: i i ORIGINAL LENDER: ASSOCIATES HOME EQUITY SERVICES,INC. CURRENT LENDER/SERVICER: BAYVIEW LOAN SERVICING,LLC. i I HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE l PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELp YOU MAKE FUTURE MORTGAGE PAYMENTS. t IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(TIS"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: If • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. ' TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face"meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR , EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT"EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses, and telephone numbers of desi nated consumer credit counseling agencies for the counV in which the propgm is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Adviseyour lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out; sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(3 0)days of your face-to-face meeting with the counseling agency. PA ACT 41 NOI Page 3 of 6 YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A I COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE,IN THE SECTION CALLED"TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty(60)days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its 'decision on your application. j NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 627 HOOT OWL RD BOILING SPRINGS PA 17007 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Next Payment Due Date 01/05/2013 Total Monthly Payments Due $7,212.12 (01/05/2013—01/02/20I4 @$601.01) Late Charges $30.05 Other Charges: Uncollected NSF Fees $0.00 Other Fees: $0.00 Corporate Advance Balance: $97.00 Unapplied Balance: 0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $7,339.17 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,WHIC H IS $7,339.17 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 certified check or money order made payable and sent to: Bayview Loan Servicing,LLC 4425 Ponce De Leon Blvd,5th Floor Miami,FL 33146 PA ACT 91 NO[ Page 4of6 i i 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 1 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 attorneys' 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)DAY 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. 1 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 bypaying 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 as specified 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 Sheriff's Sale of the mortgaged property could be held would be approximately 4-6 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: Bayview Loan Servicing,LLC. Address: 4425 Ponce De Leon Blvd, 5th Floor Miami,FL 33I46 Phone Number: 1-855-422-6865 Fax Number: 786-388-5829 Contact Person: David Purisch E-Mail Address: DavidPurisch@bayviewloanservicing.com 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 furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may 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 other requirements of the mortgage are satisfied. PA ACT 91 NOI Page 5 of 6 1 � YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO E.. BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 1 . • 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(3)TIMES IN ANY CALENDAR YEAR.) E I • 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 r' THE LENDER. i • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. I� I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST PA ACT 91 NOI Page 6 of 6 I HEMAP Consumer Credit Counseling Agencies i CUMBERLAND County I Report last updated:04/23/2013 02:53 PM f Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 1 ' Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 11 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street 4 Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 EXHIBIT "F" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1692 AS AMENDED 1. The law firm may be deemed a debt collector"under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter, or Complaint 3. The Plaintiff named in the attached letter or complaint is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter or complaint will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty(30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verif4bation-6f tba--debt-,bnd.a-copy of�t� ve i#1ca#iora�vtll=6 -- __ ledot�e�.e1 #r��_hyt�� creditor's law firm. - 6. If the creditor named as Plaintiff in the attached letter or complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty(30)days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY (30) DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, THE LAW REQUIRES_ THAT- WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACHED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should addressed to Law Offices of Mattleman, Weinroth & Miller, 401 Route 70 East, Suite 100, Cherry Hill, NJ 08034, Attn: Foreclosure Department. 9. This is attempt to collect a debt, and any information obtained will be used for that-purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED -OFFICE Sheriff r t. THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor Pi Cilifitipt.r r OFFsCE OF THE 'ykF.RIFF. 2014 OCT 13 AM 10: 06 CUMBERLAND COUNTY PENNSYLVANIA Bayview Loan Servicing, LLC vs. Kenneth W Nieves (et al.) Case Number 2014-5643 SHERIFF'S RETURN OF SERVICE 09/23/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Angel R Nieves, Jr., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 09/25/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Angel R Nieves, Jr., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 627 Hoot Owl Road, Monroe Township, Boiling Springs, PA 17007. Deputies were advised by the defendant's brother that he lives in Perry County. 09/25/2014 09:18 PM - Deputy Dawn Kell, 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 Christina Nieves, Wife of defendant, who accepted as "Adult Person in Charge" for Michael J. Nieves, Sr. at 101 Andrew Court, South Middleton, Carlisle, PA 17015. Viz DAWN KELL, DEPUTY 09/25/2014 09:58 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Lisa M Bevan at 627 Hoot Owl Road, Monroe Township, Boiling Springs, PA 17007. N GUTSHALL, DEPUTY 09/25/2014 09:58 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Torrey Jones, Occupant at 627 Hoot Owl Road, Monroe Township, Boiling Springs, PA 17007. GUTSHA L, DEPUTY 10/02/2014 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Perry County, the within named Defendant Angel R Nieves, Jr., not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. 10/03/2014 02:46 PM - Jody S. Smith, Chief Deputy served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kenneth W Nieves at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. (c) Gcuniy Sui,e Shed!, Telhosoti, inc SHERIFF COST: $99.56 SO ANSWERS, October 07, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teieosoft. inc. SHERIFF'S RETURN In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania - Perry County Branch No.: 2014-5643 Cumberland County Bayview Loan Servicing LLC VS Angel R. Nieves, Jr. 201 Maple Ave. Apt 1-I Marysville, Pa 17053 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to Angel R. Nieves, Jr., but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure for the above named Defendant(s) Angel R. Nieves, Jr. at 201 Maple Ave. Apt 1-I Marysville, PA 17053 NOT FOUND. DEFENDANT MOVED 1 YEAR AGO. NO FOWARDING ADDRESS LEFT AT MARYSVILLE, PA POST OFFICE. Sincerely, Carl E. Nace Sworn and subscribed to before me Sheriff of Perry County this 30M day of .5141,(64r2014. leut.d- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F. FUCKINGER, Notary Public Bloomfield Boro, Perry County My Commission Expires February 18, 2016