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HomeMy WebLinkAbout07-3379 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Oren Klein, Esquire Attorney ID#s 59264 and 90684 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Vs. Plaintiff, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2007 /? / `--?-' . No.: p7 -- .33 7 / (.: l : CIVIL ACTION Jeremy S. Christian and Sherry Christian : MORTGAGE FORECLOSURE 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERENCE SERVICE Cumberland County Courthouse, 4'h Floor Carlisle, PA 17013 (717) 240-6200 c ? PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Oren Klein, Esquire Attorney ID#s 59264 and 90684 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2007 . No.: 01-33 79 TZ : CIVIL ACTION : MORTGAGE FORECLOSURE Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, First Horizon Home Loan Corporation (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4000 Horizon Way, Irving TX 75063, by way of Complaint says the following. 2. Defendants, Jeremy S. Christian and Sherry Christian (hereinafter jointly and severally collectively referred to as the "Defendants"), are adult individuals and Defendants, Jeremy S. Christian and Sherry Christian, are the real owner of the premises hereinafter described. 3. Defendants, Jeremy S. Christian and Sherry Christian reside at 4502 Woods Way, Mechanicsburg, Pennsylvania 17055. 4. On November 30, 2005, in consideration of a loan in the principal amount of $259,504.00, Defendant, Jeremy S. Christian, executed and delivered to First Horizon Home Loan Corporation, a note (the "Note") with initial interest thereon at 6.250% per annum, payable as to the principal and interest in equal initial monthly installments of $1,351.58 commencing on January 1, 2006. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 5. To secure the obligations under the Note, the Defendants, Jeremy S. Christian and Sherry Christian, executed and delivered to Mortgage Electronic Registration Systems, Inc., solely as nominee for Lender, First Horizon Home Loan Corporation, a mortgage (the "Mortgage") dated November 30, 2005, recorded on December 22, 2005, with the Cumberland County Recorder of Deeds under Book 1935, Page 2139, et seq. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. By Assignment of Mortgage dated on or about June, 2007, Mortgage Electronic Registration Systems, Inc., solely as nominee for Lender, First Horizon Home Loan Corporation, assigned its Mortgage to First Horizon Home Loan Corporation which is in the process of being recorded with the Recorder of Deeds of Cumberland County, Pennsylvania. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 4502 Woods Way, Mechanicsburg, Pennsylvania 17055. A legal description of the Mortgaged Premises is attached hereto and made a part hereof as Exhibit "C". 8. Defendants, Jeremy S. Christian and Sherry Christian, are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become 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. 9. The following amounts are due on the Mortgage and Note: Balance of Principal $259,504.00 Accrued but Unpaid Interest from 11/01/06 - 6/4/07 6.250% $9,596.18 Accrued Late Charges $473.06 Corporate Advance $0.00 Recoverable Balance $0.00 Escrow Advance -$92.65 Title Search Fees $315.00 Reasonable Attorne 's Fees $1,250.00 Less Suspense Balance $0.00 TOTAL as of 6/4/07 $271,045.59 Plus, the following amounts accrued after June 4, 2007: Interest at the current Rate of 6.250% per cent per annum ($45.05 per diem); and 5% late charge fee on any overdue payment of principal and interest; any amounts expended for future taxes and insurance along with additional costs incurred in this foreclosure action. 10. During the course of this action, the plaintiff may be obligated to make advanced for the payment of taxed, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Mortgage, together with interest, will be added to the amount due on the mortgage debt and secured by the plaintiff's Mortgage. 11. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 or 1983 has been sent to the Defendant, Jeremy S. Christian, on February 7, 2007, and to the Defendant, Sherry Christian, on February 8, 2007, via certified and regular mail, in accordance with the requirements of the Act. A true and correct copy of such notice is attached hereto as Exhibit "D" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $271,045.59 plus the following amounts accruing after June 4, 2007, to the date of judgment: (a) interest of $45.05 per diem, (b) late charges of 5% on any overdue payment of principal and interest per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and (f) any amounts expended for future taxes and insurance. PARKS MCCAY, PA Dated: June 4, 2007 By: Oren Kleil Esquire Attorney for Plaintiff VERIFICATION I, Emmanuel J. Argentieri, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. EXHIBIT "A" 0055110951 ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Wall Street Journao - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. November 30th, 2005 STEWARTSTOWN PENNSYLVANIA [Date) (City) ` Istatel 4502 WOODS WAY, MECHANICSBURG, Pennsylvania 17055 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 259, 504.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is FIRST HORIZON HOME LOAN CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.250 %. The interest rate I will pay may change in accordance with Section 4 of this Now, The interest rate required by this Section 2 and Section 4 of this Nate is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay Principal and interest by making a payment every month. I will make my monthly payments on the rust day of each month beginning on January lot , 2006 i will make these payments every month until I have paid all of the principal and interest and any outer charges described below that I may owe under this Note. Each monthly pa meynt will be applied as of its scheduled due date and will be applied to interest before Principal. If, on December lot, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO BOX 809 MEMPHIS, TN 38101 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1, 351.58 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid Principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) . Single Family - Fannie Mae UNIFORM INSTRUMENT (ID-838N (0210) Form 35201! i VMP MORTGAGE FORMS - (800)521-7201 Page 1 of 4 InfllaU: 0055110951 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the rust day of December, 2010 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the rust Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND ONE-QUARTER percentage points ( 2.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid Principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the rust Change Date will not be greater than 12.250 % or less than 2.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two & 00/100 percentage point(s) ( 2.00 %) from the rate of interest 1 have been paying for the preceding 6 months. My interest rate will never be greater than 12.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change, The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. Form 083ON to2iot Page 2 at ? Initiala, 0055110951 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in defaull. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who lakes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Form 3 /0 ®®838N t0210t Pape 3 of 4 Inhlab 0055110951 Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless lender releases Borrower in writing. If Lender exercises the option to require immediate payment in fall, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without farther notice or demand on Borrower. THE H,?MS) AND SEAL(S) OF THE UNDERSIGNED. -(Sea]) -Borrower (Seal) -Borrower _(Seal) -Borrower _(Seal) -Borrower _ (Seal) -Borrower _ (Seal) (Seal) -Borrower -Borrower (Sign Original Only) (Seal) -Borrower Q 838N to2iol rage 4 of 4 Form 35201/01 0055110951 INTEREST ONLY ADDENDUM TO ADJUSTABLE RATE NOTE THIS ADDENDUM is made this 30th day of November . 2005, and is incorporated into and intended to form a pan of the Adjustable Rate Note (the "Note") dated the same date as this Addendum executed by the undersigned and payable to FIRST HORIZON HOME LOAN CORPORATION (the "lender"). THIS ADDENDUM supercedes Section 3(A), 3(B), 4(C) and 7(A) of the Note. None of the other provisions of the Note are changed by this Addendum. 3. PAYMENTS (A) Time and Place of Payments I will pay interest by making payments every month for the first 120 payments (the "Interest Only Period") in the amount sufficient to pay interest as it accrues. I will pay principal and interest by [Waking payments every month thereafter for the next 240 payments in an amount sufficient to fully amortize the outstanding principal balance of the Note at the end of the Interest Only Period over the remaining term of the Note in equal monthly payments. I will make my monthly payments on the first day of each month beginning on January 1st, 2006 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on December lot, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date". I will make my payments at PO BOX 809, KWHIS, TN 38101 , or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S 1, 351.58. This payment amount is based on the original principal balance of the Note. This payment amount tray change. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND ONE-QUARTER percentage points (2.25096) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D), this rounded amount will be my new interest rate until the next Change Date. During this Interest Only Period, the Note Holder will then determine the amount of the monthly payment that would be sufficient to repay accrued interest. This will be the amount of my monthly payment until the earlier of the next Change Date or the end of the Interest Only Period unless I make a voluntary prepayment of principal during such period. If I make a voluntary prepayment of principal during the Interest Only Period, my payment amount for subsequent payments will be reduced to the amount necessary to pay interest on the lower principal balance. At the end of the Interest Only Period and on each Change Date thereafter, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay in full the unpaid principal that I am expected to owe at the end of the Interest Only Period or Change Date, as applicable, in equal monthly payments over the remaining term of the Note. The result of this calculation will be the new amount of my monthly payment. After the end of the Interest Only Period, my payment amount will not be reduced due to voluntary prepayments. Interest Only Addendum to Note Page I of 2 F 6D5 IT 9104 0055110951 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of interest, during the period when my payment is interest only, and of principal and interest thereafter. I will pay this late charge promptly but only once on each late payment. BY SIGNING S. Borrower accepts and agrees to the terms and covenants contained in this Addendum. .30•6c Date Date Date Date Date Date Date Date Interest Only Addendum to Note Page 2 of 2 FH6DSIU 9104 EXHIBIT "B" RECORD AND RETURN TO CENTRAL PROPERTY SEARCH 8 LAWN AVENUE SUITE 200 NORRISTOWN, PA 19403 35U,3tu-(2 Prepared By: FIRST HORIZON HOME LOAN CORPORATION 9515 DEERECO ROAD, STE 302 TIMONIUM, MD 21093 iiewwpT* PHHLC - POST CLOSING MAIL ROOM 1555 W. WALNUT HILL LN. #200 MC 6712 IRVING, TX 75038 ?. C c 22 Fit 2 11 Parcel Number: County: Premises: 4502 WOODS WAY 3-129 ?r ` City: 3 0 0 a 5 MECHANICSBURG, Pennsylvania 17055 (Space Above This Line For Recording Dalai MORTGAGE 0055110951 MIN 100085200551109517 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, it, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 30th, 2005 together with all Riders to this document. (B) "Borrower" is JEREMY S. CHRISTIAN and SHERRY CHRISTIAN Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Sax 2026, Flint M[ 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA - Single Family - Fannie MaelFreddie Mae UNIFORM INSTRUMENT WITH MERS ® 0-6A(PA) -6A(PA) t0502t Form 30301)11 Papa 10116 Initials: &4 1 UP IAonp¦y¦ So1v11ona, Inc. 1900y5 •7291 Iu' 1 81{ i 935PG2139 (D) "Lender" is FIRST HORIZON HOME LOAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E) "Note" means the promissory note signed by Borrower and dated November 30th, 2005 The Note states that Borrower owes Lender TWO HUNDRED FIFTY NINE THOUSAND FIVE HUNDRED FOUR & 001100 Dollars (U.S. $ 299, 504.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2 0 3 S (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ? Condominium Rider 0 Second Home Rider Balloon Rider ® Planned Unit Development Rider 0 14 Family Rider EJ VA Rider 0 Biweekly Payment Rider ® Other(s) [specify] INTEREST ONLY RIDER (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any thud party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument. 0055110951 Inltlals: -GA(PA) (0502) Paps z of 16 Form 3039 1/01 8K1935PG2140 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] of Cumberland IName of Recording Jurisdiction]: BEING KNOWN AND DESIGNATED AS LOT NO. 18, AS SHOWN ON A PLAN ENTITLED "THE MANOR OF WESTPORT", WHICH PLAN IS RECORDED AMONG THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 89, PAGE 143. THE IMPROVEMENTS THEREON BEING KNOWN AS 4502 WOODS WAY. BEING THE SAME PROPERTY WHICH BY DEED OF EVEN DATE HEREWITH AND RECORDED OR INTENDED TO BE RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IMMEDIATELY PRIOR HERETO WHICH WAS GRANTED AND CONVEYED BY RCP&P,LLC (ALSO KNOWN AS ALTIERI ENTERPRISES) UNTO THE SAID BORROWERS IN FEE SIMPLE. which currently has the address of 4502 WOODS WAY lstreetl MECHANICSBURG [Cityl, Pennsylvania 17055 [Zip code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, 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. 0055110951 40-6A(PA) (0502) Papa 9 of 16 Inltlals: Form 3039 1101 BKI935PG2141 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering meal property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Initials' (0•6A(PA) (0502) Page 4 0) 16 Form 3039 1/01 6K1935PG2142_ full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the InNlah: (0-6A(PA) (0502) Page 5 of If Form 3039 1101 BKI935PG2143 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Initials: 40-6A(PA) (0502( Pages of 16 Form 3039 1101 0 iz 41 BK 1935PG2 144 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. -6A(PA) (0502) In ltlalsl? Page 7 01 16 Form 3039 1101 BK 1935FG2 145 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Inltlal t y=- -6A(PA) (0502) Papa B of Is Form 3039 1/01 BX1935PG2146 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. tnitiats: -6A(PA) (0502) Pape 9 of 16 Form 3039 1101 BK 1935PG2147 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During I such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds i shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Inltlals: a-6A(PA) t0sozt Page 10 of 16 Form 3039 1101 0 fA"'f BK 1935PG21 48 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. lnitlab: 40-6A(PA) (0502) Papa 11 of 16 Form 3039 1101 0 BK 1935PG2149 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may requite immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all In IWI: (M•6A(PA) (0502) Page 12 of 18 Form 3039 1101 0 k BK1935PG2150 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Initials 4=•6A(PA) (0502) Page 13 of Ia Form 3039 1101 OKI935PG2151 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent 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. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees. that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Inltlals: (0 -6A(PA) (0502) Pape 14 of t6 Form 3039 1/01 4D t BKI935PG2152 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 0055110951 1-6A(PA) (0502) _ (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower (Seal) orrower (Seal) SHERRY HRISTIAN -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Paps 160118 BKI935PG2153 Form 3039 1/01 COMMONWEALTH OF PENNSYLVANIA, yp /? /,.,?C-ounty ss: On this, the t„30 " ' day of lk?? Men ?6QS . before me, the undersigned officer, personally appeared JEREMY S. CHRISTIAN and SHERRY CHRISTIAN known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: - is Notarial cal EVFrank .1. [luc k. Notary I'uhile cw'Inj wn li??n?, Yorkoan :ommix?ion F.xpirtia DM 23.2106 Member, Pennsylvania Association of Notaries Certificate of Residence •-? 1, '-? , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this J day of //C®Ci??? of Mortgagee 0055110951 40 6A(PA) (osoz) Pape is or to 8K1935PG2154 Initials: Form 3039 1101 EXHIBIT A ' I BEING KNOWN AND DESIGNATED as Lot No. 18, as shown on a Plan entitled "The Manor of Westport", which Plan is recorded among the Office of the Recorder of Dccds in and for Cumberland County, Pennsylvania, in Plan Book 89, Page 143. The improvements thereon to be known as 4502 Woods Way. Parcel ID No. 13-10-0256-062 BK1935PG2155 ADJUSTABLE RATE RIDER 0055110951 (LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 30th day OfNovember, 2005 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to FIRST HORIZON HOME LOAN CORPORATION ("Lender") of the same date and covering the property described in the Security Instrument and located at: 4502 WOODS WAY MECHANICSBURG, PA 17055 [Property Addressi THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.250 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of December, 2010 and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND ONE-QUARTER percentage points ( 2.250 %) to the Current Index. The Note Holder will then round the result of MULTISTATE ADJUSTABLE RArKE RIDER - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOU AL - Single Family - Fannie Mae Uniform instrument =m 8388 (0402) Form 313 Page I of 3 Initials: IIll ll ll II ii (Iff VMP 21rtg291 Solutions, I (800)5 ??I??N????IIII?III?I?I?I???IIIlIII 8K 1935PG2 156 this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 12.250 % or less than 2.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than TWO & 00/100 percentage points ( 2.00 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 12.250 %. (E) Effective Date of Changes y new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender mayy require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. 0055110951 Initials: ?•838R (0402) Page 2 of 3 Form 3138 1/01 6KI935PG2157 i ' I If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNIN BELOW, Borrower accepts and agrees to the terms and covenants 1? ntained in thi djustable Rate Rider. (Seal) (Seat) cHx TIArr -Borrower -Borrower I All , wot (Seal) (Seal) SHERRY HRISTIAN -Borrower -Borrower 0055110951 -838R (0402) _ (Seal) -Borrower T (Seal) -Borrower _ (Seal) -Borrower _(Seal) -Borrower Page 3 of 3 Form 31381/01 BKI935PG2158 INTEREST ONLY ADDENDUM TO ADJUSTABLE RATE RIDER THIS ADDENDUM is made this 30thday of November , 2005 , and is incorporated into and intended to form a pan of the Adjustable Rate Rider (the "Rider") dated the same date as this Addendum executed by the undersigned and payable to FIRST HORIZON HOME LOAN CORPORATION (the "Lender"). THIS ADDENDUM supercedes Section 4(C) of the Rider. None of the other provisions of the Rider are changed by this Addendum. 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND ONE-QUARTER percentage points ( 2.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.12596). Subject to the limits stated in Section 4(D), this rounded amount will be my new interest rate until the next Change Date. During this Interest Only Period, the Note Holder will then determine the amount of the monthly payment that would be sufficient to repay accrued interest. This will be the amount of my monthly payment until the earlier of the next Change Date or the end of the Interest Only Period unless I make a voluntary prepayment of principal during such period, If I make a voluntary prepayment of principal during the Interest Only Period, my payment amount for subsequent payments will be reduced to the amount necessary to pay interest on the lower principal balance. At the end of the Interest Only Period and on each Change Date thereafter, the Note Holder will determine the amount of the monthly payment that would be sufficient to repay in full the unpaid principal that I am expected to owe at the end of the Interest Only Period or Change Date, as applicable, in equal monthly payments over the remaining term of the Note. The result of this calculation will be the new amount of my monthly payment. After the end of the Interest Only Period, my payment amount will not be reduced due to voluntary prepayments. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Addendum. Date Q5 Date Date Date Date Date Qntereest Unly Addendum to ARM Rider Page 1 of I FH6D03U 9/04 BK 1935PG2 159 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 30th day of November, 2005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to FIRST HORIZON HOME LOAN CORPORATION (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 4502 WOODS WAY, MECHANICSBURG, Pennsylvania 17055 (Property Address) The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in Covenants, Conditions and Restrictions of Record (the "Declaration"). The Property is a part of a planned unit development known as THE MANOR OF WESTPORT [Name of Planned Unit Development] (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. 0055110951 MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 31501101 Page 1 of 3 initials: a-7R (0411) VMP Mortgage Solutions, Inc. (800)521-7291 I IiI?N NM>?I INI? Nq III IIII BK1935PG2160 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self•managemeni of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with in st, upon notice from Lender to Borrower requesting payment. 0055110951 Initials: -7R (0411) Page 2 of 3 orm 31501101 8K1935PG2161 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. (Seal) (Seal) R MY S. RIST AN -Borrower -Borrower I (Seal) S ERRY CHRI TIAN -Borrower I (Seal) -Borrower (Seal) .Borrower _ (Seat) -Borrower (Seal) -Borrower (Seal) -Borrower 0055110951 Q-7R (0411) Page 3 of 3 Form 31501!01 1 Certify this to be recorded to Cumberland County PA MI935FG2i62 EXHIBIT "C" Your File No._ 14027-0021 Our File No.: 2007-557481CF Property Owner: Jeremy S. Christian and Sherry Christian LEGAL DESCRIPTION PROPERTY ADDRESS: 4502 Woods Way, Mechanicsburg, PA 17055 PARCEL: 13-10-0256-062 MUNICIPALITY: Township of Lower Allen COUNTY: Cumberland BEING KNOWN AND DESIGNATED as Lot No. 18, as shown on a Plan entitled "The Manor of Westport°, which Plan is recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 89, Page 143. The improvements thereon to be known as 4502 Woods Way. Parcel ID No. 13-10-0256-062, Note: Filed Map Reference EXHIBIT "D" FIRST ? 1 HORIZON. M m& LDUM comp February 7, 2007 JEREMY S CHRISTIAN 4502 WOODS WAY MECHANICSBURG PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YC HOME FROM FORECLOSU THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE BEEN DISCHARGED IN A CHAPTER SEVEN BANKRUPTCY, WE ARE NO SEEKING PERSONAL LIABILITY AGAINST YOU, BUT ARE PURSUING OUR RIGHTS AGAINST THE PROPERTY AS PROVIDED IN THE SECURITY AGREEMENTS. This is an official notice that the mortgage on your hone is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (RM&P} maybe able to help to save your home This notice explains how the grogram works To see if HEMA.P can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY X301 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 this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearins can call (707) 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. ACT 91 Page 1 of 5 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name JEREMY S CHRISTIAN 4502 WOODS WAY AIECHANICSBURG PA 17055 Loan Number :0055110951 Original Lender Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *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. 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 THE NEXT-(301 DAYS.. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE SHE PART OF THIS NOTICE CALLED "HOW TO CURE YO 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 designated consumer credit counseling agencies for the county in which the prOygM is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your 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). If you have tried and are unable to resolve this problem with the lender, 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 Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. ACT 91 Page 2 of 5 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. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMP'T'LY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance arc 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. 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. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date). , NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 4502 WOODS WAY MECHANICSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 2 c@ 1789.96 1 @ 1767.25 UP, 0 Late Charges 202.74 Other charges: Bad Check Fee .00 Other Fees .00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 5,549.91 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): ACT 91 Page 3 of 5 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 5,549.91 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 morteaee 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 proyerty. 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 DAY period. you will not be required to pay attome '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 SHERIF'F'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 WE. at any tie up to one hour before the Sheriff's Sale You may do so by paving 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 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 a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sate. 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. ACT 91 Page 4 of 5 HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-707-9998 /Phone 1-214-441-7392/Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs 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 tender at anytime. 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 attomey'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 NON-EXISTENCE 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 THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-707-9998. Sincerely, First Horizon Home Loans Collections Department ACT 91 Page 5 of 5 14EMAP Consumer Credit Counseling Agencies YORK County Report last updated:12/13/2005 3:20:22 PM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717.637.3768 CCCS of Western PA 2000 l_inglestown Road Harrisburg, PA 17102 888.511.2227 CCCS of Western PA Colonial Shopping Center 970 S. George St York, PA 17403 888.511.2227 Housing Council of York 35 South Duke Street York, PA 17401 717.854.1541 US Post,?I Service Postage t` ra Certified Fee a ail o Return Receipt Fee Receipt (Endorsement Required) N Postmark r Restricted Delivery Fee Here De,ilest"c Only (Endorsement Required) 4 r=1 $ Total Postage & Fees ?• ? ent To: ral t0 .o _ _? ...:. M z PS Form 3800; 8epter&bIr?i 2 'VS -P&tervice Certified Mai! Receipt '• e PA FiRsr ftizm Hoge LM COVOUM February 8, 2007 SHERRY CHRISTIAN 4502 WOODS WAY MECHANICSBURG PA 17055 ACT 91 NOTICE. TAKE ACTION TO SAVE YOL HOME FROM FORECLOSURE - THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE BEEN DISCHARGED IN A CHAPTER SEVEN BANKRUPTCY, WE ARE NO SEEKING PERSONAL LIABILITY AGAINST YOU, BUT ARE PURSUING OUR RIGHTS AGAINST THE PROPERTY AS PROVIDED IN THE SECURITY AGREEMENTS. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Suecific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN (30) DAYS OF THE DATE OF THIS NOTICE Take this notice with ypu when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Coun , are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (707) 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 NOTIICACION EN ED]UNTO 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 IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name SHERRY CHRISTIAN 4502 WOODS WAY MECHANICSBURG PA 17055 Loan Number :0055110951 Original Lender Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT-), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *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. 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 THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO ATE. 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 designated consumer credit counseling agencies for the countr in the oronertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your 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). If you have tried and are unable to resolve this problem with the lender, 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 Mortgage 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 subnutting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 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. 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. (If you have filed bankruptcy you can stilt apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it u to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 4502 WOODS WAY MECHANICSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 2 @ 1789.96 1 @ 1767.25 22,' 0 Late Charges 202.74 Other charges: Bad Check Fee 00 Other Fees .00 Minus Suspense 00 TOTAL AMOUNT PASTDUE: 5,549.91 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 5.549.91 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not ap licable.) IF LOU 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 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 orooerty. 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 (301 DAY yeriod you will not be reauLed to nav 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, cure the default and revent the sale at an tie to one hour before the Sheriff's Sale. You mah do sotb a 'n the total amount then ast due an late or other charges thcn due reasonable attorne 's fees and costs connected with the foreclosure sale and an other costs connected with Sheriff's a as ecified in wrn b the lender and b rformin an other re uirements under the mort a e. 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 approArnately 9 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: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-707-9998 /Phone 1-214-441-7392 /Fax 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 anytime. 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 NON-EXISTENCE 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 THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-707-9998. Sincerely, First Horizon Home Loans Collections Department HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 1 211 3/20 0 5 3:20:22 PM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717.637.3768 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 CCCS of Western PA Colonial Shopping Center 970 S. George St York, PA 17403 888.511.2227 Housing Council of York 35 South Duke Street York, PA 17401 717.854.1541 US Fos*al Service Postage tT' Certif -d Certified Fee m Mail o Return Receipt Fee > N Receipt (Endorsement Required) Postmark Restricted Delivery Fee Pent (Endorsement Required) Total Postage & Fees CO Sent To: Ir 57511 rV161 m 1?` .•?:.. tai L? rfy 1. ..'F.".•!.4P + .. .. t PS Form 3800, Septembef`2602 VS Po tai Service Certified Mail Receipt ,\ V f W V 4- ,Z- c Q_T^? C , -70 ?-C r3 ca cn 0 54 -n r1l i= -r-} i71 C r"7 ?? rrt -?C GO SHERIFF'S RETURN - REGULAR ! -ACASE NO: 2007-03379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS CHRISTIAN JEREMY S ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHRISTIAN JEREMY S the DEFENDANT , at 1817:00 HOURS, on the 8th day of June , 2007 at 4502 WOODS WAY MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.48 Affidavit .00 Surcharge 10.00 00 16?? 40.48 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/11/2007 PARKER MCCAY By: / D ut Sheri f A. D. SHERIFF'S RETURN - REGULAR J`CASE NO: 2007-03379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS CHRISTIAN JEREMY S ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHRISTIAN SHERRY the DEFENDANT , at 1817:00 HOURS, on the 8th day of June , 2007 at 4502 WOODS WAY MECHANICSBURG, PA 17055 JEREMY CHRISTIAN, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 01t;/07 .. 00 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/11/2007 PARKER MCCAY By: Deputy eriff of A. D. PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Oren Klein, Esquire Attorney ID#s 59264 and 90684 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2007 : No.: 07-3379 : CIVIL ACTION : MORTGAGE FORECLOSURE SUGGESTION OF BANKRUPTCY Jeremy s. Christian, Defendant herein, has filed a Voluntary Petition for Chapter 13 Bankruptcy in the United States Bankruptcy Court, Middle District of Pennsylvania on August 26, 2007 under Case No. 07-02654 which stays all further action in this matter. A true and correct copy of the Voluntary Petition evidencing said filing is attached hereto as Ex ' "A". PART{ CAY P. By: EMMA E E I, ESQUIRE Attome for Pla ntif Dated: November 2, 2007 CERTIFICATE OF SERVICE I, Emmanuel J. Argentieri, certify that I have caused to be served copies of Plaintiffs Suggestion of Bankruptcy have been served upon the following persons, by the following means and on the date(s) stated: Name: Means of Service: Date of Service: James M. Bach, Esquire First Class Mail November 2, 2007 352 S. Sporting Hill Rd. Mechanicsburg, PA 17050 PARKERMCCAY P By: ESQUIRE Aey fo Pla?tif? A rney I # 5 264 Three Gre tree Centre 7001 Lincoln Drive We , P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Dated: November 2, 2007 EXHIBIT "A" h1 7....1 L'n..... 1 lA/A'rl United States Bankruptcy Court Voluntary Petition Middle District of Pennsylvania Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Christian, Jeremy S All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): (include married, maiden, and trade names). Last four digits of Soc. Sec./Complete EIN or other Tax ID No. (if more than one, state ell) Last four digits of Soc. Sec./Complete EIN or other Tax ID No. (irmore than one, state a10 xxx-xx-7492 Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Debtor (No. and Street, City, and State): 4502 woods Way Mechanicsburg, PA ZIP Code ZIP Code j7055 County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Cumberland Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): ZIP Code ZIP Code Location of Principal Assets of Business Debtor (if different from street address above): Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which (Form of Organization) (Check one box) the Petition is Filed (Check one box) (Check one box) ? Health Care Business ? Chapter 7 ? Single Asset Real Estate as defined ? Chapter 9 ? Chapter 15 Petition for Recognition 0 Individual (includes Joint Debtors) in 11 U.S.C. § 101 (51 B) of a Foreign Main Proceeding O Chapter 11 See Exhibit D on page 2 of this form. ? Railroad O Chapter 12 ? Chapter 15 Petition for Recognition O Corporation (includes LLC and LLP) ? Stockbroker ? Commodity Broker 0 Chapter 13 of a Foreign Nonmain Proceeding ? Partnership ? Clearing Bank ? Other (If debtor is not one of the above entities, ) check this box and state t pe of entity below ? Other Nature of Debts . y Tax-Exempt Entity (Check one box) (Check box, if applicable) Debts are primarily consumer debts, ? Debts are primarily ? Debtor is a tax-exempt organization defined in I I U.S.C. § 101(8) as business debts. under Title 26 of the United States "incurred by an individual primarily for Code (the Internal Revenue Code). a personal, family, or household purpose." Filing Fee (Check one box) Check one box: Chapter 11 Debtors 0 Full Filing Fee attached ? Debtor is a small business debtor as defined in I 1 U.S.C. § 101(51 D). ? Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51 D). ? Filing Fee to be paid in installments (applicable to individuals only). Must Check if: attach signed application for the court's consideration certifying that the debtor O Debtor's aggregate n liquidated debts (excluding debts owed ingent is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. to insiders or affiliates) ) are are less than $2,190,000. ? Filing Fee waiver requested (applicable to chapter 7 individuals only). Must Check all applicable boxes: attach signed application for the court's consideration. See Official Form 3B. ? A plan is being filed with this petition. ? Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). Statistical/Administrative Information THIS SPACE IS FOR COURT USE ONLY Debtor estimates that funds will be available for distribution to unsecured creditors. ? Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors I- 50- 100- 200- 1000- 5001- 10,001- 25,001- 100,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 ¦ ? o ? o ? ? ? ? ? Estimated Assets ? 50 to ? $10,001 to a $100,001 to ? S1,000,001 to ? More than $10,000 $100,000 $1 million $100 million $100 million Estimated Liabilities ? So to ? $50,001 to 5100,001 to ? 51,000,001 to ? More than $50,000 5100,000 $I million $100 million 5100 million Official Form 1 (4/071 FORM B1. Paae 2 Voluntary Petition Name of Debtor(s): Christian, Jeremy S (This page must be completed and filed in every case) All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet) Location Case Number: Date Filed: Where Filed: - None - Location Case Number: Date Filed: Where Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date Filed: - None - District: Relationship: Judge: Exhibit A Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) (To be completed if debtor is required to file periodic reports (e.g., 1, the attorney for the petitioner named in the foregoing petition, declare that 1 forms l OK and I OQ) with the Securities and Exchange Commission have informed the petitioner that [he or she] may proceed under chapter 7, 11, pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 12, or 13 of title 11, United States Code, and have explained the relief available and is requesting relief under chapter 11.) under each such chapter, I further certify that I delivered to the debtor the notice required by 1 I U.S.C. §342(b). ? Exhibit A is attached and made a part of this petition. X /s/ James M. Bach, Esquire August 27, 2007 Signature of Attorney for Debtor(s) (Date) James M. Bach, Esquire Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? ? Yes, and Exhibit C is attached and made a part of this petition. ¦ No. Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) ¦ Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: ? Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. Information Regarding the Debtor - Venue (Check any applicable box) ¦ Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. ? There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. ? Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. Statement by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes) ? Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) ? Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and ? Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. vntciat corm i oluntary Petition ame of Mentor(s): Christian, Jeremy S page must be completed and filed in every case) Signature(s) of Debtor(s) (Individual/Joint) Ar?;j Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. §342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition. I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition. (Check only one box.) ? 1 request relief in accordance with chapter 15 of title 11. United States Code. Certified copies of the documents required by 1 I U.S.C. §1515 are attached. ? Pursuant to I 1 U.S.C. § 1511, I request relief in accordance with the chapter of title I I specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. X Signature of Foreign Representative X /s/ Jeremy $ Christian Signature of Debtor Jeremy S Christian X Signature of Joint Debtor Telephone Number (If not represented by attorney) August 27, 2007 Date ature X /s/ James M. Bach, Esquire Signature of Attorney for Debtor(s) James M. Bach. Esquire 18727 Printed Name of Attorney for Debtor(s) James M Bach, Attorney at Law Firm Name 352 S Sporting Hill Road Mechanicsburg, PA 17050 Printed Name of Foreign Representative Date Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; (2) 1 prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under I1 U.S.C. §§ I I0(b), I I0(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19B is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social Security number (If the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer)(Required by 11 U.S.C. § 110.) Address 717-737-2033 Fax: 717-737-4220 Telephone Number August 27, 2007 Date Signature I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. X Signature of Authorized Individual Address X Date Signature of Bankruptcy Petition Preparer or officer, principal, responsible person,or partner whose Social Security number is provided above. Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual: Printed Name of Authorized Individual Title of Authorized Individual Date If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer 's failure to comply with the provisions of title I 1 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both I 1 U.S.C. §110; 18 U.S.C. §156. c. r -TI m i - ? PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 810-5815 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY JUNE TERM, 2007 No.: 07-3379 Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : CIVIL ACTION : MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment by Default in favor of Plaintiff, First Horizon Home Loan Corporation and against Defendants, Jeremy S. Christian and Sherry Christian, for failure to answer or otherwise respond to the Complaint in Mortgage Foreclosure. Kindly assess damages in the above matter against Defendant as follows: As set forth in Complaint $271,045.59 Interest - 6/5/07 to 3/28/08 $6.250% per annum ($45.05 pe diem) $13,379.85 Late Charges $540.64 Corporate Advance $1,111.50 TOTAL $286,077.58 Together with interest at the contract rate after the date of judgment, and costs. I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT IN MORTGAGE FORECLOSURE AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT IN MORTGAGE FORECLOSURE. Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was mailed to the Defendant against whom judgment is to be entered more than ten (10) prior to the date of the filing of this Praecipe and a copy of the notice is attached. Dated: March 28, 2008 PAR Y" MCCAY BY: En/Aanol J. Arg tieri, Esquire AttomeyyllD# 592 Three Greentree ntre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 NOW, Aprr/ /[p , 2008, JUDGMENT IS ENTERED AS ABOVE. Parker McCay P.A. Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 ATTORNEYS A T LAW Marlton, N! 08053-0974 P: 856-596-8900 F: 856-596-9631 www.parkermccay.com Emmanuel J. Argentieri, Esquire P: 856-985-4025 F: 856-596-3427 eargentieri@parkermccay.com August 15, 2007 File No. 14027-0021 REGULAR & CERTIFIED MAIL, R.R.R. #7160 3901 9849 8994 5587 Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Re: Christian, Jeremy Ads. First Horizon Docket No. 07-3379 Dear Ms. Christian: Enclosed herewith please find a Notice of Intention to File Praecipe for Entry of Default Judgment. If you have any questions please feel free to call. This letter is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. EJA/dmk Enclosure Marlton, New Jersey , Lawrenceville, New Jersey PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Oren Klein, Esquire Attorney ID#s 59264 and 90684 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 DATE OF NOTICE: August 15, 2007 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 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 LAWYER REFERENCE SERVICE Cumberland County Courthouse, 4`h Floor Carlisle, PA 17013 (717) 240-6200 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. DATE: August 15, 2007 VIA CERTIFIED MAIL - RRR AND FIRST CLASS MAIL Certified Article Number 7160 3901 9849 8994 5S87 SENDERS RECORD. A T T O R N E Y S AT L A W Parker McCay P.A. Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 P: 856-596-8900 F: 856-596-9631 www.parkermccay.com Emmanuel J. Argentieri, Esquire P. 856-985-4025 F: 856-596-3427 eargentieri@parkermccay.com August 15, 2007 REGULAR & CERTIFIED MAIL, R.R.R. #7160 3901 9849 8994 5655 Jeremy Christian 4502 Woods Way Mechanicsburg, PA 17055 Re: Christian, Jeremy Ads. First Horizon Docket No. 07-3379 Dear Mr. Christian: File No. 14027-0021 Enclosed herewith please find a Notice of Intention to File Praecipe for Entry of Default Judgment. If you have any questions please feel free to call. This letter is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. IERI EJA/dmk Enclosure Marlton, New Jersey 11 Lawrenceville, New Jersey PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Oren Klein, Esquire Attorney ID#s 59264 and 90684 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY JUNE TERM, 2007 No.: 07-3379 Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Jeremy S. Christian 4502 Woods Way Mechanicsburg, PA 17055 DATE OF NOTICE: August 15, 2007 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 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 LAWYER REFERENCE SERVICE Cumberland County Courthouse, 4"' Floor Carlisle, PA 17013 (717) 240-6200 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Attorney fbr Plai DATE: August 15, 2007 VIA CERTIFIED MAIL - RRR AND FIRST CLASS MAIL Certified Article Number 71LO 3901 9849 8994 5655 SENDERS RECORD J Esquire Ln Ln 0•' cr No 3 a J a W Z O f- r is c? rn0 U _ in O 00 c ? O c o ?-? C ?l Z 0 J O CO Q M - N L O H r ? ? a w w 0 w Ir t w U W Im 2 oc u; c ?a r H x Q ?. D. Z C (L` 3 L O U O ?, S' cm "CN r ti p U O VJ z ? o 0 - O ^ O _ C`? Lt *t ? iTt n _ W a \"'i woo N. WWI OHO I- CC f G J ZOO ftzj t? r! ? 7 Sll Si' - m :) O C1 u i2 ?r Ln ??¦ Ln o u- 52 .? .9 3 a r a r W 2 C O F H a m d ? m ch U .? tn O _Oc O C O N U O Z c, f O C N CO O N ._J r O O - o a a w u u y w c M r 0 r w m < ? a C,> w L O U z 0 ^ S 3 cu 0 a) LO O iv O p - Q = CV ? ? ck f,? t WOO Zit! OWIL - r! T Ei ZUW st -- IL tn H ? F! u z!' O 1-0 },14 i-6 I;;s 0 ? D ° a M PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION I, Emmanuel J. Argentieri, Esquire, do hereby certify that the Defendants, Jeremy S. Christian and Sherry Christian were served with the Complaint in Mortgage Foreclosure in this action, via the Cumberland County Sheriff on June 8, 2008. A true and correct copy of the Certifications of Service and Affidavits for Posting is attached hereto as Exhibit "A". By: Date: March 28, 2008 P.O. Box 974 Marlton, NJ 08053-0974 EXHIBIT "A" gHERIFF'S RETURN - REGULAR CASE NO: 2007-03379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS CHRISTIAN JEREMY S ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon rT-TR T.qTTAN TR RRMY q the DEFENDANT , at 1817:00 HOURS, on the 8th day of June 2007 at 4502 WOODS WAY MECHANICSBURG, PA 17055 JEREMY CHRISTIAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 12.48 -=$?cs? 00 10.00 R. Thomas Kline .00 40.48 06/11/2007 PARKER MCCAY By: day D ut Sheri f , A.D. I)nr1xl r r , xr 1 uxiv - xnuux CASE NO: 2007-03379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS CHRISTIAN JEREMY S ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon rWP T CTT L1\T gNPPPV the DEFENDANT at 1817:00 HOURS, on the 8th day of June , 2007 at 4502 WOODS WAY MECHANICSBURG, PA 17055 by handing to JEREMY CHRISTIAN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 ??- 10.00 R. Thomas Kline .00 16.00 06/11/2007 PARKER MCCAY Sworn and Subscibed to before me this day By: Deputy eriff of A. D. O b ? p b ? o 0 a `tC PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION OF NON-MILITARY SERVICE I, Emmanuel J. Argentieri, Esquire, hereby certify that I represent Plaintiff in the above entitled case; that I am authorized to make this Verification on behalf of Plaintiff; that the above- named Defendants are over 18 years of age; that the address of the Defendants is 4502 Woods Way, Mechanicsburg, PA 17055; that the occupation of the Defendants is unknown; and that the Defendants are not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I also certify that the address of the Plaintiff is 4000 Horizon Way, Irving, TX 75063 I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. P By: MCCAY, P.C. Date: March 28, 2008 P.O. Box 974 Marlton, NJ 08053-0974 -6?` CD r V '°• PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE Defendant(s) TO: Jeremy S. Christian 4502 Woods Way Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY EMMANUEL J. ARGENTIERI, AT TELEPHONE NO. (856) 596- 8900 4/0/8 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. urtis . ong, Prothonotary A.> oo T1 J b b o O ? i 1? PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) TO: Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 : JUNE TERM, 2007 : No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY EMMANUEL J. ARGENTIERI, AT TELEPHONE NO. (856) 596- 8900 4/4" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. urtis R. , Prothonotary D Rs ? x ? g ? '? A ? p, ? ? } o O ? ? .a ? ? ? ? ? ? ? ? ?'{ 1' PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; and 3. Index this writ against the Defendant(s) as follows: Jeremy S. Christian and Sherry Christian 4. Real Property involved: 4502 Woods Way, Mechanicsburg, PA 17055 . .M a. Amount due $286,077.58 Interest from 3/8/08 $11,577.85 until Date of Sale of 12/10/08 TOTAL $297,655.43 (Costs to be added) $ Respectively submitted, PABXvER MCiCAY PA DATE: August 7, 2008 Attornej for Plain Three Greentree 7001 Lincoln Driv PO Box 974 Marlton, NJ 08053 2 n c:n .3 ) q ? 7 (A 000 00 44 78 .s 5' PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2007 : No.: 07-3379 : CIVIL ACTION : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 First Horizon Home Loans, a division of First Tennessee Bank National Association, Plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property known as 4502 Woods Way, Mechanicsburg, PA 17055 (see property description attached). 1) Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Jeremy S. Christian (a) 4502 Woods Way Mechanicsburg, PA 17055 (b) Sherry Christian (b) 4502 Woods Way Mechanicsburg, PA 17055 V.. 2) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Jeremy S. Christian (a) 4502 Woods Way Mechanicsburg, PA 17055 (b) Sherry Christian (b) 4502 Woods Way Mechanicsburg, PA 17055 3) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) First Horizon Home Loans, a (a) 4000 Horizon Way National Association Irving, TX 75063 4) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) First Horizon Home Loans, a (a) 4000 Horizon Way National Association Irving, TX 75063 5) Name and address of every other person who has any record lien on the property: Same as above 6) Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 2 -w 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: Name (a) Cumberland County (b) Lower Allen Township (c) West Shore School District (d) Cumberland County Domestic Relations (e) Commonwealth of Pennsylvania Department of Welfare (f) Cumberland County Address (if address cannot be reasonably ascertained, please so indicate) (a) Bonnie K. Miller, Collector 1993 Hummel Avenue Camp Hill, PA 17011 (b) Bonnie K. Miller, Collector 1993 Hummel Avenue Camp Hill, PA 17011 (c) Bonnie K. Miller, Collector 1993 Hummel Avenue Camp Hill, PA 17011 (d) 13 North Hanover Street Carlisle, PA 17013 (e) 333 Health and Welfare Building Harrisburg, PA 17105 (f) Tax Claim Bureau 1 Courthouse Sq. 1" Floor, Old Courthouse Carlisle, PA 17013 I verify that I am the attorney for the Plaintiff, First Horizon Home Loans, a division of First Tennessee Bank National Association, in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswyrf?7falsific4ion totutkorities_ EM T-A TIERI, ESQUIRE Att 71st Plaints first Horizon Home Loans, a diTI essee Bank National Association Sworn to and subscribed to before me this 7`h day of August, 2008 NOTARY PUBLIC 3 G Cl f-n { 2 < PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2007 : No.: 07-3379 : CIVIL ACTION : MORTGAGE FORECLOSURE Defendant(s) ACT 91 CERTIFICATION I, Emmanuel J. Argentieri, Esquire hereby certify that an Act 91 Notice was provided to Jeremy S. Christian and Sherry Christian, the Defendants by !p#?r dated February 7, 2007 via regular and certified mail, return receipt requested. Loans, a division National Association Sworn to and subscribed to before me this 7`b day of August, 2008 Ti,1, ESQUIRE t Horizon Home First Tennessee Bank NOTARY PUBLIC .. G3 t t .< 0-1 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT OF LAST KNOWN ADDRESS BEFORE ME, the undersigned authority, personally appeared EMMANUEL J. ARGENTIERI, ESQUIRE, who, being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief that the last known address of Defendants, Jeremy S. Christian and Sherry Christian is 4502 Woods Tyr Mec nicsbu , P 170 EM EL J. R IERI, ESQUIRE Attorne for Plaintiff, First Horizon Home Loans, a division of First Tennessee Bank National Association Sworn to and subscribed to before me this 7th day of August, 2008 NOTARY PUBLIC $r _." PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF THE SALE OF REAL PROPERTY Please be advised that the property and improvements, if any, located at 4502 Woods Way, Mechanicsburg, PA 17055 will be sold by the Sheriff of Cumberland County on December 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. This property and improvements are being sold pursuant to judgment entered on April 10, 2008 in the amount of $286,077.58, plus interest and costs filed in the Court of Common Pleas of Cumberland County, No. 07-3379 in favor of the plaintiff, First Horizon Home Loans, a division of First Tennessee Bank National Association and against the Defendants in the aforesaid judgment. The name of the owner(s), real owner(s), and reputed owner(s) of the aforesaid property are Jeremy S. Christian and Sherry Christian. A schedule of the distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs office, by calling Sheriffs Office Real Estate Division at 1(888)697-0371 x 6390, to determine the actual date and time of the filing of said schedule. Date: August 7.2008 ;?-`zr' lr? ? ?`??i- '"=° ?? ?..:? ?,J "?- ? ??r; :?; w=: -may`. ;? .. ,`? ? ? ?? ? ? '?' ,.?htBY-cJ-LUUI uG 04NI11 riuor - of u 19 mii WGMIT A fr`¢' Hi ,.,?... m -r, F, s i ^ 4"? w ? ? T ! ? f PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: OWNER(S): PROPERTY: IMPROVEMENTS All Parties In Interest And Claimants Jeremy S. Christian and Sherry Christian 4502 Woods Way, Mechanicsburg, PA 17055 Residential Single Family Dwelling The above referenced property is scheduled to be sold on December 10, 2008 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Jt J. AI DE rtto"me'y or Plaintiff, division of First Association Date: August 7, 2008 WERI, ESQUIRE irst Horizon Home Loans, a ennessee Bank National 2 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) JUNE TERM, 2007 No.: 07-3379 : CIVIL ACTION : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Jeremy S. Christian 4502 Woods Way Mechanicsburg, PA 17055 Your real estate located at 4502 Woods Way, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs sale on December 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $286,077.58, plus interest and costs, obtained by First Horizon Home Loans, a division of First Tennessee Bank National Association, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to Emmanuel J. Argentieri, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 596-8900. 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. 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 the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 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 the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 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. 2 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 the 30th day after the sale. 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 of the preparation of the schedule of distribution. 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, 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 (717) 249-3166 (800) 990-9108 3 Muy-co--cuui uc:v4pm rium- i-iov r.viat uia r-uii PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2007 : No.: 07-3379 : CIVIL ACTION : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Your real estate located at 4502 Woods Way, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs sale on December 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $286,077.58, plus interest and costs, obtained by First Horizon Home Loans, a division of First Tennessee Bank National Association, Inc. against you. 2 r NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to Emmanuel J. Argentieri, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 596-8900. 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. 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 the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 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 the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 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. 3 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 the 30th day after the sale. 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 of the preparation of the schedule of distribution. 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, 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 (717) 249-3166 (800) 990-9108 4 etay-c?-cuur uc:u4pm rrunr - i-iov r.uioiuio r-uii WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3379 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, Plaintiff (s) From JEREMY S. CHRISTIAN and SHERRY CHRISTIAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $286,077.58 L.L.$ 0.50 Interest from 3/08/08 until Date of Sale of 12/10/08 - $11,577.85 Atty's Comm % Due Prothy $2.00 Atty Paid $175.48 Plaintiff Paid Other Costs to be Added Date: 8/14/08 (Seal) By: REQUESTING PARTY: Name: EMMANUEL J ARGENTIERI, ESQUIRE Address: PARKER MCCAY PA THREE GREENTREE CENTRE 7001 LINCOLN DRIVE PO BOX 974 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-596-8900 Supreme Court ID No. 59264 Deputy PARKER MCCAY P.A. By: Christine A. Pinto, Esquire Attorney ID#s 205622 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2007 : No.: 07-3379 : CIVIL ACTION : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PaR.C.P. 3129.2 STATE OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Christine A. Pinto, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, 1. True and correct copies of the Sheriff's Sale documents were served on Defendants via the Sheriff of Cumberland County on September 29, 2008, and to Defendants via certified mail and regular mail, return receipt requested on August 13, 2008, as is evidenced by the attached PS Form 3817s and certified mail receipt attached hereto as Exhibit "A". 2. In addition, true and correct copies of the Notice of Sheriffs Sale of Real Estate (Lienholder Notice) and other applicable notices with reference to the scheduled Sheriff's sale were sent to the following parties of interest on August 13, 2008, via first class mail, postage prepaid with certificates of mailing which are attached hereto and made a part hereof as Exhibit "B" I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. CHRISTINE A. PINTO, ESQUIRE Atty ID# 205622 Attorney for Plaintiff Sworn to and subscribed Before me this Imo- day of (' 2008. r1/ --1 AI- . Notary Public VICTORIA HAICH MlIR'1 MKOFNEWJERSEY Co n1dM6##8/10!2011 11 EXHIBIT 11 A Nov, 6. 2008 3:45PM of cuntb'e. R. THOMAS IQJNE ShKW EDWARD L SCHORPP Sokitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 FACSIMME TRANSMITTAL FORM No. 2975 P. 1 RONNY M ANDERSON Chief Deputy JODY S. SMITH Real ESrMte Deputy TO: FROM: DATE: /It o l U NUMBER OF PAGES (IIQCLUDING COVER SHS81) a MessncE: I d-A4? 3 3 [ 9 Office Number (717) 240-6390 FAX Number (717) 240-6397 Nov; 6, 2S'S 45PM No. 2975 P. 2 First Horizon Horne Loan Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeremy S. Christian and-Sherry Christian Writ No. 2007-3379 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2008 at 1855 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jeremy S. Christian and Sherry Christian by making known unto Jeremy Christian, personally and husband of Sherry Christian, at 4525 Woods Way, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 15 15 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeremy S. Christian and Sherry Christian, located at 4502 Woods Way, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jeremy S. Christian and Sherry Christian, by regular mail to their last known address of 4525 Woods Way, Mechanicsburg, PA 17055. These letters were mailed under the date of October 6, 2008 and nova returned to the Sheriffs Office. So Answers: R. Thomas Kline, S ecrff BYvQO 7160 3901 9845 7331 4120 1CC Jeremy S. Christian 4502 Woods Way Mechanicsburg, PA 17055 BIDER: dk ?RENCE:First Horizon v christian notice of MEMM Pomp PINNIPT CerlMsd Fes SEFME Retum Receipt Fee Reshicted DeNve 0.00 ToW Poetape & Fan US Postal Service POSTMARK OR Receipt for . Certified Mail 13., ided No Mnurarce Coverage Prov Do Not Use for Mttematio" MaB t. 7160 3901 9845 7351 4120 3. Sarvice Type CERWIED MAIL 4. Restricted Delivery? (Extra Fee) t. Artlcle Addressed to: Jeremy S. Christian 4502 Woods Way Mechanicsburg, PA 17055 First Horizon v christion notice of sa I ftM Mfr MvMv 3 °n °flG N N r ?? N? 03 D ov1 A -d&?C7 c Q m y a oro Z rT?m b? z m i_ O O 0- N 00 C) 70 m D N n ? ma (D ,p. c d ?segos 8 ooo£? eo £5080 waI pai T ol•lo 3ovlsod sn (if C. swokre`M ?r S ?+?1 X A.Zj?w a is donvm ad*m srrwwK trom bm t? M YES, enter dOwry Iddnee below Ile dk 716D 3901 9845 7351 4137 VW Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 *MOM: dk RN'MtENCE: First horizon v Christian notice of l?RIlrf Noeta e T Cerdlkd Fie >IElIMIOE Rehm Receipt Fee TOM NOW A Fees US Postal Service "TwilKo Receipt for 130 Certified Mail rage Provided a Do Not Use for kiMrmtlone161a0 - ' . 3 7160 3901 9$45 7351 4137 3. Service Type CBRrIF1ED MAIL. 4. Restricted ..livery? (Exbe Fee) 1. Article Addresser} to: Sherry Christian 4502 Woods Way Mechanicsburg, pA 17055 0 o n o _a V O S!i w D Z Z G7 00 O v+ to O Q0 4 3 9 N O O10 ? _oa M :. m m °a? ?n t~R1n c? 7 N ? a A N n n ? o a CA 98008L9000 VLEO ; SOOZ £ P80 £9080 wolf Pai1eW 01,40 X C,ia a I. do "Y"S" ftm own I? baow: No First horizon v Christian notice of sale P6. ,, f. +1r?r.n? flees _ A EXHIBIT "B" ?nx. UNITED STATES Certifical AUPOSTAL SERVICE Ma This Certificate of MaMng provides evidence that maN'has been presented to USPS® for This form may be used ford r PIFMtWCrAY RA. From: 701011 I-INGOLN DRIVE WEST P.O. BOX 974 MARLTON N.J. 08053-0974 To: Lower Allen Township - c/o Bonnie K. Miller, Collector 1993 Hummel Avenue Camp Hill, PA 17011 _ PS Form 3x17, AW 201)7 PSN 753o-m-000-9da ?""? UNITEDSTATES Certifical J POSTAL SERVIC& Ma This Ced ffkate of WON provides evidence that mail has been presented to USPS® for From may be used for dar"KMOUI rC AY Cdd P.A. 7091 1 1GO N DRIVE tA'EST P.O. BOX 974 MARLTON N.J. 08053-0974 To: West Shore School District _ c/o Bonnie K. Miller, Collector 1993 Hummel Avenue Camp Hill, PA 17011 - PS Form 341(, Apr# 2007 PSN 7530-02400-NN L D a ? O a? 0 0 ? vCs ? 1? t?rJ a Om vGQ;' w awl o .? J ° o 40 uCi c°it w C p .? y O ? UNITED STATES Certificai POSTAL SERVICES Ma This Cer"cate of Malling provides evidence that mail has been presented to USPSI& for This form may be used for dorry?tyIRK??K yypo?tipr 6rAY P.A. From: ?+ M -Tiio•F I-lh'GGLN DRIVE WEST P,O_ BOX 974 MARLTON N.J. 08053-0974 _ To: Cumberland County c/o Bonnie K. Miller, Collector - 1993 Hummel Avenue Camp Hill, PA 17011 PS Form 3817, AO 2007 PSN 753 3--QQ-000-9045 UNITEDSTATES Certificate I IWPOSTALSERVICEe Mailit Pole Ceff"Is of Me" provides evidence that mail has been presented to USPS V for malls This forth may be used for donyi?f?R jgUp7ptIffl r?dAY P.A. Film: jt""''//?; MM 7091 LINCOLN DRIVE WEST P.0_ BOX 974 MARLTON N.J. 08053-0974 To: Commonwealth of Pennsylvania Department of Welfare 333 Health and Welfare Building Harrisburg, PA 17105 - PS Form W 7, A 4x* 2007 PSN 7530-02-10100410Q8 >W Qo?t T mo? co 0 40 'C4 o U, ? .o t°ir ? v y Om wpm J DW N O ? ?+ o J ? O fC/1 S cn w ? p ?rj) Om ?. UNITED STATES Certificate JUPOSTAL SERVICEa Mai This Certificate of MaiNng provides evidence that mail has been presented to USPS® for r This form may be used for d7XPV)WR!AY P.A. From: -114GOLN DRIVE WEST P.O BOX 974 MARLTON N.J. 08053-0974 To: Cumberland County Tax Claim Bureau - 1 Courthouse Sq. _ 1St Floor, Old Courthouse Carlisle, PA 17013 - P5 Form 3617, Apt 2007 PSN 7830-02-000-9065 UNITEDSTATES Certificate C POSTAL SERVICE Mailirn To" Cerocate of MaiNng provides evidence that mall has been presented to USPS® for maelint This form may be used for donp?'pgpJgtepopeep?peC(?ryBAY P.A. From: ?rff??ICI???C?r(( MM -unmr-r- ENTREE C-17 Anna i IR T - POBox 974 MARLTON N.J. 08053-0974 To: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 19013 wZ d >;? Dwo. ON -n U, o Co O 0 ? y CO w Oo ? y Om v'!,- z w DwQ O O Q 1 tr. 1 o° o 00 CM w O ? ..a y ? m PS Form 3617, AprN 2007 PSN 7530-02-000-9m ?'"? UNt7EDSTATES Certificate JUPQSTAL SERMEa Maili This Certificate of Mailing provides evidence that mall has????been presented to USPS® for mal This form may be used for donytgt rm I M P.A. From: r?''" r 711f14 i IAIC`f11 Al nDIV ???ir_nT P 0 BOX a7d MARLTON N.J. 08053-0974 To: First Horizon Home Loans, a division of First Tennessee Bank N.A. 4000 Horizon Way Irving, TX 75063 PS Form 381 7, ApN 2007 PSN 7830.02-OW4KM q I u" awl °° CA 0 o ODn cn c 0 7?8 ao ..' q _ cv- r - mac: w COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FIRST HORIZON HOME LOANS is the grantee the same having been sold to said grantee on the 10 day of DEC A.D., 2008, under and by virtue of a writ Execution issued on the 14 day of AUG, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 3379, at the suit of FIRST HORIZON HOME LOAN CORP against JEREMY S CHRISTIAN & SHERRY is duly recorded as Instrument Number FIRST HORIZON HOME LOANS. J)09 U ? q 1V0 IN TESTIMONY WHEREOF, I have2heregnto set my hand and seal of said office this ??/ day of A.D. 620V 9 of Deeds Rt=d #bz:ds, CwrdAftm CoaMy, Cadidk PA My Can w-glon EVkes the fht Mw,* of Jn. A10 First Horizon Home Loan Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Jeremy S. Christian and gherry'Christian Writ No. 2007-3379 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2008 at 1855 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jeremy S. Christian and Sherry Christian by making known unto Jeremy Christian, personally and husband of Sherry Christian, at 4525 Woods Way, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1515 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeremy S. Christian and Sherry Christian, located at 4502 Woods Way, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jeremy S. Christian and Sherry Christian, by regular mail to their last known address of 4525 Woods Way, Mechanicsburg, PA 17055. These letters were mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on Februay 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Emmanuel Argentieri, on behalf of First Horizon Home Loans, a division of First Tennessee Bank National Association. It being the highest bid and best price received for the same, First Horizon Home Loans, a division of First Tennessee Bank National Association,of 4000 Horizon Way, Suite 100, Irving, TX 75063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $915.91 Sheriffs Costs: Docketing $30.00 Poundage 17.96 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 20.00 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 248.03 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $ 915.91 ? 31409 r So Answers: R. Thomas Kline S enf BY ?C.1 a Real Estate Coordinator r7 r_ , c - .. co - cam, r j` d C7,N _.3 ? U PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney 1134 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY JUNE TERM, 2007 No.: 07-3379 CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 First Horizon Home Loans, a division of First Tennessee Bank National Association, Plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property known as 4502 Woods Way, Mechanicsburg, PA 17055 (see property description attached). 1) Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Jeremy S. Christian (b) Sherry Christian (a) 4502 Woods Way Mechanicsburg, PA 17055 (b) 4502 Woods Way Mechanicsburg, PA 17055 2) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Jeremy S. Christian (a) 4502 Woods Way Mechanicsburg, PA 17055 (b) Sherry Christian (b) 4502 Woods Way Mechanicsburg, PA 17055 3) Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: (a) First Horizon Home Loans, a (a) 4000 Horizon Way National Association Irving, TX 75063 4) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) First Horizon Home Loans, a (a) 4000 Horizon Way National Association Irving, TX 75063 5) Name and address of every other person who has any record lien on the property: Same as above 6) Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 2 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: Name (a) Cumberland County (b) Lower Allen Township (c) West Shore School District (d) Cumberland County Domestic Relations (e) Commonwealth of Pennsylvania Department of Welfare (f) Cumberland County Address (if address cannot be reasonably ascertained, please so indicate) (a) Bonnie K. Miller, Collector 1993 Hummel Avenue Camp Hill, PA 17011 (b) Bonnie K. Miller, Collector 1993 Hummel Avenue Camp Hill, PA 17011 (c) Bonnie K. Miller, Collector 1993 Hummel Avenue Camp Hill, PA 17011 (d) 13 North Hanover Street Carlisle, PA 17013 (e) 333 Health and Welfare Building Harrisburg, PA 17105 (f) Tax Claim Bureau 1 Courthouse Sq. I' Floor, Old Courthouse Carlisle, PA 17013 I verify that I am the attorney for the Plaintiff, First Horizon Home Loans, a division of First Tennessee Bank National Association, in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsw alsificion toautkoriti_ es. EM IERI, ESQUIRE st Horion Home Loans, a Att rme r Plairi National Association divFirst Te Bank Sworn to and subscribed to before me this 7`h day of August, 2008 NOTARY PUBLIC 3 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#?s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 Plaintiff, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : JUNE TERM, 2007 : No.: 07-3379 Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : CIVIL ACTION : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Jeremy S. Christian 4502 Woods Way Mechanicsburg, PA 17055 Your real estate located at 4502 Woods Way, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs sale on December 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $286,077.58, plus interest and costs, obtained by First Horizon Home Loans, a division of First Tennessee Bank National Association, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to Emmanuel J. Argentieri, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 596-8900. 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. 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 the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 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 the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 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. 2 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 the 30th day after the sale. 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 of the preparation of the schedule of distribution. 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, 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 (717) 249-3166 (800) 990-9108 3 flay-co-cuuf ucrowpm river PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID#s 59264 Three Greentree Centre 7001 Lincoln Drive West, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, First Horizon Home Loan Corporation First Horizon Home Loan Corporation 4000 Horizon Way Irving TX 75063 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Jeremy S. Christian and Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Defendant(s) : JUNE TERM, 2007 : No.: 07-3379 : CIVIL ACTION : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Sherry Christian 4502 Woods Way Mechanicsburg, PA 17055 Your real estate located at 4502 Woods Way, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs sale on December 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $286,077.58, plus interest and costs, obtained by First Horizon Home Loans, a division of First Tennessee Bank National Association, Inc. against you. 2 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to Emmanuel J. Argentieri, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 596-8900. 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. 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 the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 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 the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 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. 3 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 the 30th day after the sale. 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 of the preparation of the schedule of distribution. 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, 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 (717) 249-3166 (800) 990-9108 4 KUY-ca-cuur uc:Qgpm rrum- _ n LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel, or tract of land situate, lying and being in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, and more fully bounded and described as follows, to wit: BEING KNOWN AND DESIGNATED as Lot No. 18, as shown on a Plan entitled "The Manor of Westport", which Plan is recorded among the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 89, Page 143. The improvements thereon to be known as 4502 Woods Way Commonly known as 4502 Woods Way, Mechanicsburg, PA 17055 Parcel ID No.: 13-10-0256-062. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3379 Civil CIVIL ACTION - LAW TO THE*SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, Plaintiff (s) From JEREMY S. CHRISTIAN and SHERRY CHRISTIAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $286,077.58 L.L.$ 0.50 Interest from 3/08/08 until Date of Sale of 12/10/08 - $11,577.85 Atty's Comm % Due Prothy $2.00 Atty Paid $175.48 Plaintiff Paid Date: 8/14/08 (Seal) Other Costs to be Added OTothon!otary By: Deputy REQUESTING PARTY: Name: EMMANUEL J ARGENTIERI, ESQUIRE Address: PARKER MCCAY PA THREE GREENTREE CENTRE 7001 LINCOLN DRIVE PO BOX 974 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-596-8900 Supreme Court ID No. 59264 Real Estate Sale # 16 On August 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township,'Combetland County, PA Known and numbered as 4502 Woods Way, Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. CV-V Date: August. 18, 20G8 By: jo Real Esta a Sergeant 'he Patriot-News Co. 1312 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Zhe patri"OtwNews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That: he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and Thar he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBL'uCATION COPY This ad ran on the date(s) shown below: 10/29/08 Fleal Estate Salle No. 16 11/05/08 Writ No. 2007-3379 Civil Term First Horizon Home Loan 11112108 Corporation VS , Jeremy S. Christian and Sherry Christian ............. V Attorney Emmanuel Argentieri (LEGAL DESCRIPTION Sworn to and subscribed before me this 25 day of November, 2008 A.D. ALL THAT CERTAIN piece, parcel, or tract of land situate, lying and being in the Township of Lower Allen, County of Cumberland and State - Notary Public of Pennsylvania, and more fully bounded and described as follows, to wit: BEING KNOWN AND DESIGNATED as Lot No.18,asA wnonaPlaneratifled"TheMawr COMMONWEALTH OF PENNSYLVAi4;o of Westport', which Plan is recorded among the Nlotanal Seal Office of the Recorder of heeds in and for l "hear L. tcsner, NirtaryF`ul Public Cumberland County, Pennsylvania, in Plan C yy Of Harrisburg, Dauphin + ountp Book 89, Page 143. MY Commissior ExpEres Nov. 26, 20' The improvements thereon to be known as 4502 Membar Pannsvivania As!;ociaation ?nrs Woody A oa ('ommonly known as 4502 Woods Way Mechanicsburg, P A 17055 Parcel 11) No.: 13-10-0256-062. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, Editor SWORN`WAND SUBSCRIBED befo?e me this 4 day of November 200 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 f" 1W 1s Writ No. 2007-3379 Civil First Horizon Home Loan Corporation VS. Jeremy S. Christian and Sherry Christian Atty.: Emmanuel Argentieri LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel, or tract of land situate, lying and be- ing in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, and more fully bound- ed and described as follows, to wit: BEING KNOWN AND DESIGNAT- ED as Lot No. 18, as shown on a Plan entitled 'The Manor of Westport', which Plan is recorded among the Office of the Recorder of Deals in and for Cumberland County, Pennsylva- nia, in Plan Book 89, Page 143. The improvements thereon to be known as 4502 Woods Way. Commonly known as 4502 Woods Way, Mechanicsburg, PA 17055. Parcel ID No.: 13-10-0256-062.