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HomeMy WebLinkAbout08-1510 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 170370 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 68-1611) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 170370 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 170370 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 170370 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 170370 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/28/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1950, Page: 3896. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 170370 6 The following amounts are due on the mortgage: Principal Balance $94,599.37 Interest $3,997.85 09/01/2007 through 03/03/2008 (Per Diem $21.61) Attorney's Fees $1,250.00 Cumulative Late Charges $107.58 04/28/2006 to 03/03/2008 Cost of Suit and Title Search 550.00 Subtotal $100,504.80 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $100,504.80 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 170370 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $100,504.80, together with interest from 03/03/2008 at the rate of $21.61 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP A? B. FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 170370 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a land subdivision for Constantinos J. Mallios dated August 1989, revised through November 14, 1989, and recorded in Cumberland County Plan Book 59, at Page 117, as follows: BEGINNING at an iron pin on the right-of-way line of Trine Avenue (50 feet right-of-way) at corner of Lot No. 2 on the draft of survey hereinabove referred to; thence along the right-of-way line of Trine Avenue, North 00 degrees 15 minutes East, 24.00 feet to an iron pin at corner of Lot No. 4 on said draft of survey; thence along Lot No. 4 and in the centerline of the party wall of Lots Nos. 3 and 4, South 89 degrees 45 minutes 00 seconds East, 114.15 feet to land now or formerly of United Telephone Company of Pennsylvania (23-G-950); thence along said land, South 00 degrees 15 minutes 00 seconds West, 24.00 feet to an iron pin at corner of Lot No. 2 on aforesaid draft of survey; thence along Lot No. 2 and through the centerline of party wall of Lots Nos. 3 and 2, North 89 degrees 45 minutes 00 seconds West, 114.15 feet to an iron pin on the right-of-way line of Trine Avenue, the Place of BEGINNING. CONTAINING 2,740 square feet. DESIGNATED as Lot No. 3 on draft referred to above and being improved with a townhouse known as and numbered 6 Trine Avenue. File #: 170370 BEING TAX PARCEL NUMBER: 23-32-2336-391 BEING the same premises, which Douglas B. Bohn, single man, by deed dated August 25, 2003 and recorded August 25, 2003 in Cumberland County in Deed Book Volume 258 at Page 4350, granted and conveyed unto Lisa A. Reed, single woman. PROPERTY BEING: 6 TRINE AVENUE File #: 170370 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. R Attorney for Plaintiff DATE re ? ?U J O U W ? ID D J ?" D 1 c' p - ' ^G 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01510 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS KINER JERRY L ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-- MORT FORE was served upon VTTTWT? .7PT?T?V T. the DEFENDANT , at 1405:00 HOURS, on the 14th day of March 2008 at 6 TRINE AVENUE MT HOLLY SPRINGS, PA 17065 JERRY KINER 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 6.72 Affidavit .00 Surcharge 10.00 00 34.72 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/17/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A.D. . .. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 Plaintiff VS. JERRY L. KINER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1510-CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorn for Plaintiff By ?K& 2 log Francis S. Hallinan, Esuire Date: PHS #: 170370 A. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 Plaintiff VS. JERRY L. KINER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-1510-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 Date: '5'? 1 0z Phelan Hallinan & Schmieg, LLP Attorney or Plaintiff By' A. ?-? Francis S. Hallinan, Esq ire Vice President VERIFICATION SUSAN OSTDIEK hereby states that he/she is of CHASE HOME FINANCE LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. A 4 Zd= &2-14t-4" Ka'-me: SUSAN OSTDIEK DATE: MAR 0 6 ZOOS Title: Vice President Company: CHASE HOME FINANCE LLC Loan: 23462393 File #: 170370 ?131(QT20 NA2U2 , )131OT20 OAZUR Inn, 4.ol{ :j%)i, r t l y,? .tz PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquistion Corporation JPMAC 2006-NC2 Court of Common Pleas 10790 Rancho Bernanrdo Road San Diego, CA 92127 Plaintiff Civil Division vs. Jerry L. Kiner 6 Trine Avenue Mount Holly, PA 17065 Defendant Cumberland County : No. 08-1510 Civil Term MOTION FOR APPOINTMENT OF COUNSEL Plaintiff, U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquistion Corporation JPMAC 2006-NC2, by its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order appointing counsel for Defendant, Jerry L. Kiner, in the above-captioned action for the following reasons: On or about April 28, 2006, Defendant Jerry L. Kiner made, executed and delivered a mortgage to New Century Mortgage Corporation in the principal sum of $95,680.00 for the property at 6 Trine Avenue, Mount Holly, PA 17065, which mortgage was recorded on May 16, 2006 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1950, Page 3896. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 2. Plaintiff is now the holder of the mortgage. 3. The mortgage is in default because monthly payments of principal and interest upon said mortgage due October 1, 2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default of such payments for a period of one month, the entire principal balance and all interest due thereon are collectable forthwith. 4. Plaintiff filed a mortgage foreclosure action against Defendant on or about March 6, 2008. A true and correct copy of the Complaint is attached hereto and made part hereof as Exhibit "B". 5. Plaintiff has recently learned that Defendant, Jerry L. Kiner, may be on active duty in a branch of the United States Armed Forces. Plaintiff inquired of the Department of Defense and received notification on March 8, 2008 confirming that Defendant is on active duty. A true and correct copy of the notification is attached hereto and made part hereof as Exhibit "C". 6. Title 50 U.S.C.A. §521 (b)(2) requires the Court to appoint an attorney to represent a Defendant who is in the military service, and for the appointed attorney to satisfy the Court by protecting the Defendant's interests prior to the entry of judgment. 7. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy- of its proposed Motion to Appoint Counsel and Order to the Defendant on June 3, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "D". 8. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court appoint an attorney to represent Defendant Jerry L. Kiner, in order to inquire into the Defendant's military service and to file a report with the Court within 30 days from the date of the Court's Order as to what impact, if any Defendant's military service has had on his ability to pay his mortgage and counsel's recommendations. Date: 5 3U bt Respectfully Submitted: PHELAN HALLINAN & SCHMIEG, LLP By: M hele M. Bradford, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenne R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquistion Corporation JPMAC 2006-NC2 Court of Common Pleas 10790 Rancho Bernanrdo Road San Diego, CA 92127 Plaintiff Civil Division VS. Jerry L. Kiner 6 Trine Avenue Mount Holly, PA 17065 Defendant : Cumberland County No. 08-1510 Civil Term PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR APPOINTMENT OF COUNSEL The Servicemembers Civil Relief Act, 50 Appendix U.S.C.A §501 et seq., provides that a plaintiff may not enter a default judgment against a defendant who is on active duty in the military. 50 App. U.S.C.A. §521(c)(2). Section 521(b)(1) provides that any default judgment filed against a defendant shall have an affidavit of non-military service attached to it. Therefore, when a defendant is on active military duty, a default judgment cannot be filed against him. Section 521(b)(2) states, "the court may not enter a judgment until after the court appoints an attorney to represent the defendant." Accordingly, Plaintiff is unable to proceed with its foreclosure action until the Court appoints an attorney for the Defendant. To ensure that the interests of Defendant, Jerry L. Kiner, who is presently believed to be in military service, are properly represented, an attorney should be appointed to represent him to inquire into his military service, and to file a report with the Court with counsel's recommendations. The appointed counsel would need to make contact with the defendant, either through the defendant's family, or by contacting the defendant directly where he is stationed. Once contact has been made, the appointed counsel would need to ascertain the defendant's ability to meet his mortgage obligations and whether the defendant's military service adversely affected his ability to make monthly mortgage payments. WHEREFORE, Plaintiff respectfully requests that this Honorable Court appoint an attorney to represent Defendant Jerry L. Kiner, in order to inquire into the Defendant's military service and to file a report with the Court within 30 days from the date of the Court's Order as to what impact, if any Defendant's military service has had on his ability to pay his mortgage and counsel's recommendations. Date: ??3o?pg Respectfully submitted: PHELAN HALLINAN & SCHMIEG, LLP By: Mic le M. Bradford, Esquire Jenine R. Davey, Esquire Attorneys for Plaintiff EXHIBIT A F,i,.,..RT P. ZIE3LER ri 2CC6 114y 16 PM 12 35 Prepared By: New century mortgage Corporation 18400 Von Karman, Ste 1000 rrvine, CA 92612 800-961-7623 Return To: VICTORY SETTLEMENT, LLC 341 NORTH SCIENCE PARK ROAD SUITE 2051)gKfn STATE COLLEGE, PA 168030q-7 Pli:814-272-1411 FAX: 8 14-272-1412 Premises: 6 Trine AVG. Parcel Number: Mount Holly springs 23-32-2336-391 15paca Above This Line For Rueurdlnp Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document arc defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in ibis document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated April 28, 2006 together with all Riders to this document. (B) "Borrower" is Jerry L. Kiner Borrower is the mortgagor under this Security Instrument. (C)"lender"is New Century Mortgage Corporation Lender is a Corporation 100755981 PENNSYLVANIA - Single Family - Fannie Ma*W-ddia Mae UNIFORM INSTRUMENT 1101- -8(PA) Maul m PIG. I of to IMmI.: VNP M-6.0. BOW-& Mc lauapi21J2a 1 BK 1950pG3B96 organized and existing under the laws of California Lender's address is 18400 von Kerman, suite 3000, Irvine, CA 92612 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated April 28, 2006 The Note states that Borrower Owes Lender NINETY-FIVE THOUSAND SIX HONORED EIGHTY AND 00/100 Dollars (U.S. S 95, 600.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 05/01/2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." M "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. (G) "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 1-4 Family Rider VA Rider Biweekly Payment Rider @ Other(s) [specify] Prepayment Rider ARM Rider Addendum (117 "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (drat have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "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. (J) "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-sate transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceods paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor condition or the Property, (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, pits (ii) any amounts under Section 3 of this Security Instrument. 1007559812 iau.a: Iiqi(PA) tosax) Plus t of Is Fonn 3039 l/at 8K195OPG3897• (0) 'VMPA" 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 Loon.docs not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest or 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 Lender the following described property located in the county ]Typu or Retarding Iurisd"aal of Cumberland (Name of Reeordiag Jurisdiction); See Legal Description Attached Hereto and Made a Part Hereof which currently has the address of 6 Trine Ave. (street) Mount Holly Sprinqs (City], Pennsylvania 17065 [Zip Coda] ("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." 1007559812 uYU.r: 44%i(PA) to6o21 Py? ] al 19 Form 3039 1101 BK 1950PG3898 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 nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal. Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the 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 arc insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments arc 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 timr. 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; (e) 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 cha * rgc 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 Tcpayment of tho Periodic Payments if, and to the extent that, each payment can be 1001559812 Me.h' a.6(PA) (0502) Pq. 4 of l! Form 3030 1101 is BX 195OPG3899 paid in full. To the extent that any excess exists alter the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 1. 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 duo for; (a) taxes and assessments and outer items which can attain priority over this Security Instrument as a 1 lien or encumbrance on the Property; (b) leasehold payments or ground rants 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 sutras 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 mount 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'intcrest 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 1007559912 u+u.a ck'8(PA) tsurf vraa s ar ra Form 3039 1101 BK-1950PG39OG shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RL-SPA, 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 matte 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 oyer this Security lnstrumtait, 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 an pending, but only until such proceedings arc 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 Fedlral Emergency Management Agency in connection witb the review of any flood zone determination resulting from an objection by Borrower. ?/ 1007559812 uw?mY{ ®.6(PA) tosa2l PgHI J 10 Foam 3039 7101 BK 195OPG390 R 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 Icsscr 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 Borrawer. Unless Lender acid 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 bold 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 [lie 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 Uris 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. 1007559812 PA wa wW? ?'? 1 ro f r'q.7 0< ea Foan 3076 1101 9K 1950PG390Z 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 (cast one year after the date of occupancy, unless Leader otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds arc paid in connection with damage to, or the taking of, the Property, Borrower shall he responsible for repairing or restoring the Property only if Leader 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 Leader'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 Lenders interest in the Properly 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 hoard 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. \ 1007559812 Ewa:-1___ gq-a(PA) (06021 ay.I .( Is Form 7039 1101 BK 1950K3903 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 least. 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 die 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 affect, 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 lice of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that die 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 sucb termination or until termination is required by Applicable Law. Nothing in this Section 10 effects 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 pgreed. 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 usurer 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 sliming 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. 1007559812 InaYlc ®i(PA1lasoxt r,a"s m In Fom, 3039 1101 BK 1950PG390L?- (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 o 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 feasibic and Lender's security is not lessened. During 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 sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds stealI be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the 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 lass 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 Properly 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 31) 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 1007559812 e/fltJ.a(PA) psazt P.O. to or to Fom, 3039 1101 8K ( 950PG3905 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lendee 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 Leader 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 tarns 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 la%v 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. 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 1007559812 InM.U: ®-SIPA) psoil PV. 1 r .r la Form 3039 1101 8K 195OPG3906 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 specifics 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 berein 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 Low; Severabllity; 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. M Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section Is, "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 decd, 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 Low. 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 cnfaroement 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 We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrowers 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 1007559812 ® mxri ® (PA) (a5az) Pia" tz d to Foam 9039 1101 BK 195OPG3907 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expanses 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 die 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 Gom 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 19 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 rigger an Environmental Cleanup. 1007559812 wir A-siPAI t -1 a,a" 13 a Form 3039 1101 BX 1950PG39O& 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, duc to the presence, use, or release or 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 an 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 Lcndcr 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 Bovironinarita) 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 teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of coy 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 Borrowees 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 or, 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 or 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 casts of title evidence to die 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 occuffmce, Lender shall discharge and satisfy this Security Instrument Borrower shall pay an recordation costs. Leader may charge Borrower a ree for releasing this Security Instrument, but only itYthe fax is paid to a thud parry 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 at 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 how 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. 1007559912 InW l? dft-6(PA) ras-) P." 14 r na Form 3039 1101 9KI950P63909 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: (seal) err L. Xiner -Darrower (Sea)) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) .0wrower -Borrower (Seal) (Seal) -Borrower -Bwmwcr 1007559812 Ck-s(PA) Imp P.a. 15 d 16 Form 3038 IMI 9K 1950PG3910 COMMONWEALTH OF PENNSYLVANIA, cuottbU 3j1S•C County ss: On this, the ? day of 71Lt?? ?t? lr? before me, the undersigned officer, personally appeared UUU 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: `01617 COMMONWEALTH OF PENNSYLVANIA Title of Officer Notarial Seal Kelly J. Kopalrtrart, wAw Public East Lampeler TW, Laneu-4or County My Camllsabn Expires Mar. 24, 2t)09 Member. P9nnaylvanla Assoelauon of Noterl9a Certifiente of Residence + 1, do hereby certify that the correct address of the with' ed Mo ce is 18400 Von Barman, Suite 1000, Irvine, CA 92612 Witness my hand this day of cf?G(7 Agent or Mongagee 1007559812 Inah4 4%-6iP A) tDs021 Pp I Get Is Fawn 3039 1101 BK 195OPG39 I I EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a land subdivision for Constantinos J. Mallios dated August 1989, revised through November 14 „ 1989, and recorded in Cumberland County Plan Book 59, at Page 117, as follows: BEGINNING at an iron pin on the right-of-way line of Trine Avenue (50' right-of-way) at corner of Lot No. 2 on the draft of survey hereinabove referred to; thence along the right-of-way line of Trine Avenue, North 00 degrees 15 minutes East, 24.00 feet to an iron pin at corner of Lot No. 4 on said draft of survey; thence along Lot No. 4 and in the centerline of the party wall of Lots Nos. 3 and 4, South 89 degrees 45 minutes 00 seconds East, 114.15 feet to land now or formerly of United Telephone Company of Pennsylvania (23--G-950); thence along said land, South 00 degrees 15 minutes 00 seconds West, 24.00 feet to an iron pin at corner of Lot No. 2 on aforesaid draft of survey; thence along Lot No. 2 and through the centerline of party wall of Lots Nos. 3 and 2, North 89 degrees 45 minutes 00 seconds West, 114.15 feet to an iron pin on the right-of-way line of Trine Avenue, the place of BEGINNING. CONTAINING 2,740 square feet. DESIGNATED as Lot No. 3 on draft referred to above and being improved with a townhouse known as and numbered 6 Trine Avenue. BEING TAX PARCEL NUMBER: 23-32-2336-391 BEING the same premises, which Douglas B. Bohn, single man, by deed dated August 25, 2003 and recorded August 25, 2003 in Cumberland County in Deed Book Volume 258 at Page 4350, granted and conveyed unto Lisa A. Reed, single woman. I Certify this to be recorded In Cumberland County PA 0 Recorder of Deeds on [ 95OP63912 ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Published In Tlie Wall Street Joarnan - Rate Caps) THIS ADJUSTABLE RATE RIDER Is made this 28th day of April, 2006 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 New Century Mortgage Corporation ("Lender") of the same date and covering the property described In the Security Instrument and located at: 6 Trine Ave. , Mount Holly Springs, PA 17065 [Property Address] 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, Borrowe r and Lender further covenant and agree as follows : A. INTERESTRATE AND MONTHLY PAYMENT CHANGES The Note provides for an Initial Interest rate of 8.225 %. 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 wll I pay may change on the first day of May, 2006 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 Walt Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month In whic h the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a now 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 Six And Three Tenth(s) percentage points ( 6.300 %) to the Current Index. The Note Holder will then round the result of 1007559912 MULTISTATE ADJUSTABLE RATE RIDER - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREETJOURNAL - Single Family - Fannie Mae Uniform Instrument IIE838R 0402) Foun 3111 !01 Pape 1 of 3 Initials: VMP Mortgage Solutions, 1 (800)527 -7291 BK 1950PG3913 this addition to the nearest one-eighth of one percentage point (0.125% ). Subject to the limits stated In Section 4(0) 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 gate 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 e Interest rate I am required to pay at the first Change Date will not be greater than 9.125 % or less than 8.225 %. Thereafter, my Interest rate will never be Increased or decreased on any single Change Date by more than one And One-half percentage points ( 1.500 %) from the rate of interest I have been paying for the preceding 6 months. My Interest rate will never be greater than 15.225 %. fE) Effective Date of Changes of my my now Interest rate will beg effective first each Change Date. I will pay the amount now month Date until the amountp mmonth or my monntt by pg on changes again payment date after the Change F) Notice of Changes The Note Holder wil I 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 a nswer any question I may have regarding the notice. B. TRANSFER CF THE PROPERTY OR A BENEFCIAL INTEREST N BORRONER 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 Ilmited 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 data 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 Lenders 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 Lander releases Borrower in writing. 1007559812 Initials 40-83aR (040 2) Page 2 of 3 Form 3138 1101 8K 195OPG3914 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 Securlty Instrument without further notice or demand on Borrowe r. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained V11tIs stabie Rata Rider. (Seal) (Seal) iciner-Borrowe r -Borrowe r (Seal) (Seal) -Borrowe r -Borrowe r (Seal) (Seal) -Borrowe r -Borrowe r (Seal) (Seal) -Borrowe r -Borrowe r 1007559812 Ck-838R (0402) Page 3 of 3 Form 3138 1/01 8K 1950PG3915 ADJUSTABLE RATE RIDER ADDENDUM (Libor Index - Rate Caps) This Adjustable Rate Rider Addendum is made this 28th day of April 2006 and is incorporated into and shall be deemed to amend and supplement the Promissory Note (the "Note") and Mortgage, Deed of Trust or Security Dead (the "Security Instrument") and Adjustable Rate Rider (the "Rider") of the same date given by the undersigned (the "Borrower") to secure repayment of Borrowers Note to New Century Mortgage Corporation (the "Lender"), Property securing repayment of the Note is described in the Security instrument and located at: 6 Trine Ave., Mount Holly Springs, PA 17065 Memo Addrass) To the extent that the provisions of this Adjustable Rate Rider Addendum are inconsistent with the provisions of the Note and/or Security Instrument and/or Rider, the provisions of this Addendum shall prevail over and supersede any such inconsistent provisions of the Note and/or Security Instrument and/or Rider. In addition to the covenants and agreements made in the Note, Security Instrument, and Rider, Borrower and Lender further covenant and agree as follows: 4. (D) LIMITS ON INTEREST RATE CHANGES The interest rate I am required to pay at the first change date will not be greater than 9,725% or less than 6.225%. Thereafter, my Interest rote will never be increased or decreased on any single Change Date by more than One And Otte-half percentage point(s) ( 1.500%) from the rate of interest t have been paying for the preceding 6 months. My interest rate will never be greater than 15.225 % or less then g.225 %. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider Addendum. 9 J rry . Kiner Kcetc 1007559812 Adjustable Ram Rider Addendum RE-103 (0821%) Pnee 1 ur I BK 1950PG3916 i PREPAYMENT RIDER ADJUSTABLE RATE LOAN This Prepayment Rider is made this 2611h daY of April 2006 , and is incorporated j into and shall be deemed to amend and supplement the Promissory Note (the "Note") and Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure repayment of Borrower's Notc to New Century Mortgage Corporatlon (the "Under'). To the extent that the provisions of this Prepayment Rider arc inconsistent with the provisions of the Note and/or Security Instrument, the provisions of this rider shall prevail over and shall supersede any such inconsistent provisions of the Note and/or Security Instrument In addition to the covenants and agreements made in the Note and Security Instrument, die Borrower and Lendcr further covenant and agree as follows: S. BORROWERS RIGHT TO PREPAY 1 have the right to make prepayments of principal any time before they are due. A payment of principal only is known as a "prepayment". When 1 make a prepayment, I will tell the Note Holder in writing I am doing so. The Note Holder will use all of my prepayments to reduce the amount of principal that 1 owe under this Note. If I make a partial prepayment, there will be no changes in the due dates or 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. If within 2 year(s) from the date of execution of the Security Instrument, I make a full prepayment or, in certain cases a partial prepayment, and the total of such prepayment(s) in any 12-month period exceeds TWENTY PERCENT (20%) of the original principal amount of this loan, I will pay a prepayment charge in an amount equal to the payment of 6 months advance interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds TWENTY PERCENT (20%) of the original principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this P sym der. rry m-rrer rrcMc 1007559812 Pmpsy Rider - ARM (Muiasunel RE-103 (020500) Pose i or i & 1950PG3917 EXHIBIT B PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id: No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 170370 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 Defendant c c' r- `'? CJ -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- 1510 (2 i' i (T',' CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 4TTOR{VE, FILE copy PLEASE RETURN We ?eaebY ee Sue sod ®0% corr 00,Py ° t osd or t.oid Ot ?e or?gina File #: 170370 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 15) 563-7000 170370 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 170370 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 170370 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 170370 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 170370 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/28/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1950, Page: 3896. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 170370 6. The following amounts are due on the mortgage: Principal Balance $94,599.37 Interest $3,997.85 09/01/2007 through 03/03/2008 (Per Diem $21.61) Attorney's Fees $1,250.00 Cumulative Late Charges $107.58 04/28/2006 to 03/03/2008 Cost of Suit and Title Search 550.00 Subtotal $100,504.80 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $100,504.80 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 170370 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $100,504.80, together with interest from 03/03/2008 at the rate of $21.61 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP B . ,? 1FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff 6,)-0'r File #: 170370 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a land subdivision for Constantinos J. Mallios dated August 1989, revised through November 14, 1989, and recorded in Cumberland County Plan Book 59, at Page 117, as follows: BEGINNING at an iron pin on the right-of-way line of Trine Avenue (50 feet right-of-way) at corner of Lot No. 2 on the draft of survey hereinabove referred to; thence along the right-of-way line of Trine Avenue, North 00 degrees 15 minutes East, 24.00 feet to an iron pin at corner of Lot No. 4 on said draft of survey; thence along Lot No. 4 and in the centerline of the party wall of Lots Nos. 3 and 4, South 89 degrees 45 minutes 00 seconds East, 114.15 feet to land now or formerly of United Telephone Company of Pennsylvania (23-G-950); thence along said land, South 00 degrees 15 minutes 00 seconds West, 24.00 feet to an iron pin at corner of Lot No. 2 on aforesaid draft of survey; thence along Lot No. 2 and through the centerline of party wall of Lots Nos. 3 and 2, North 89 degrees 45 minutes 00 seconds West, 114.15 feet to an iron pin on the right-of-way line of Trine Avenue, the Place of BEGINNING. CONTAINING 2,740 square feet. DESIGNATED as Lot No. 3 on draft referred to above and being improved with a townhouse known as and numbered 6 Trine Avenue. File #: 170370 BEING TAX PARCEL NUMBER: 23-32-2336-391 BEING the same premises, which Douglas B. Bohn, single man, by deed dated August 25, 2003 and recorded August 25, 2003 in Cumberland County in Deed Book Volume 258 at Page 4350, granted and conveyed unto Lisa A. Reed, single woman. PROPERTY BEING: 6 TRINE AVENUE File #: 170370 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE -?- re EXHIBIT C Request for Military Status . Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act 1W Page 1 of 1 APR-29-2008 05:57:41 Last Name First/Middle Begin Date Active Duty Status Service/Agency KINER JERRY MAR 08-2008 Active Duty Army Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. &MY, Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defense]ink.mil/faq/pis/PC09SLDR.btml WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: GVFQQQPWYO https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/29/2008 _,... ?_ PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-3459 Email: michele.bradfordkf`edphe.com jenine.daveykfedphe.com Michele M. Bradford, Esquire Jenine R. Davey, Esquire Representing Lenders in Pennsylvania & New Jersey Jerry L. Kiner 6 Trine Avenue Mount Holly, PA 17065 RE: U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquistion Corporation JPMAC 2006-NC2 vs. Jerry L. Kiner Cumberland County CCP, No. 08-1510 Civil Term Dear Mr. Kiner, Enclosed please find a true and correct copy of my proposed Motion to Appoint Counsel and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Tuesday, June 10, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve truly yours, Mi ele M. Bradfor , Esquire Jenine R. Davey, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure r r p r r W r. G oWa e .n a p, C b K O? mo ?N ro 0 's. oo?g2' iy o ? coo y o < 2 a N N A. o ? ? R a N p. N ? N• w y",1 y N k w ?. ?'N n yT W NC A g- 5 o 4 4 fl ? r O , 3 N W N ? ? t o ?' ego O 00 A K to A W '-? tf O K b O tv C' p U r ?' n rti p N G .AY a d 6? ^d ? Vi 00 ? ? t ell O, a ?d p o r. ° 0 a s a .t to 0 TA cIr W m 0 F t 'I P,RTffY HOWtES VERIFICATION Michele M. Bradford, Esquire/ Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Appointment of Counsel and Brief, are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 5 b? PHE N HALLINAN & SCHMIEG, LLP By: M c e e . Bradford, E /quire Je ' e R. Davey, Esquire Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquistion Corporation JPMAC 2006-NC2 Court of Common Pleas 10790 Rancho Bernanrdo Road San Diego, CA 92127 Civil Division Plaintiff Cumberland County vs. No. 08-1510 Civil Term Jerry L. Kiner 6 Trine Avenue Mount Holly, PA 17065 Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the Plaintiff's Motion for Appointment of Counsel and Memorandum of Law in support thereof were served by regular mail on Defendant on the date listed below: Jerry L. Kiner 6 Trine Avenue Mount Holly, PA 17065 Date: d 3. d PHELAN HALLINAN & SCHMIEG, LLP By: ?. M' h le M. Bradford Esquire Jenii4k R. Davey, Esquire Attorneys for Plaintiff I ILs, JUN 13 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquistion Corporation JPMAC 2006-NC2 Court of Common Pleas 10790 Rancho Bernanrdo Road San Diego, CA 92127 Civil Division Plaintiff No. 08-1510 Civil Term Vs. Jerry L. Kiner 6 Trine Avenue Mount Holly, PA 17065 Defendant ORDER AND NOW, this Z4rtl day of , 2008, upon consideration of Plaintiff's Motion for Appointment of Counsel for Defendant, Jerry L. Kiner, and Brief in support thereof, and any response thereto, it is hereby ORDERED AND DECREED that the Court appoints appropriate counsel as follows: ll tcwlq EEL '-r. wH u g, L-S' CQ &? E . /v--9o o7,P)e &--I- ,f , ?? o i 3 ??9-?2 << 5 1- i U N 1 9 Al"i I I.95 to represent Jerry L. Kiner and to inquire into Defendant's military service. Counsel shall file a report within 30 days of the date of this Order as to what impact, if any, Defendant's military service has had on his ability to pay his mortgage and counsel's recommendation. ORDERED AND DECREED that Plaintiff shall pay counsel the total sum of $250.00 due to said appointment, upon appointed counsel's submission of an invoice to counsel for Plaintiff. BY THE COURT: ? Jenine R. Davey, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 jen ne.daveya,fedphe.com m W TI ec r'e4 m4r ?CL ??l4lc.?$ Jerry L. Kiner 6 Trine Avenue Mount Holly, PA 17065 Tel: (717) 486-4617 on yi n.,j U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Corporation JPMAC 2006-NC2 10790 Rancho Bernanrdo Road San Diego, CA 92127 Plaintiff V. Jerry L. Kiner, 6 Trine Avenue Mt. Holly, PA 17065 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law : No. 08-1510- Civil Term STATUS REPORT Undersigned counsel was appointed by the Honorable Kevin A. Hess to inquire into Defendant's military service and what impact, if any, Defendant's military service has had on his ability to pay his mortgage. 2. Undersigned counsel attempted to locate any next of kin that could provide any information as to Defendant's military service. However, no family members could be located. 3. Undersigned counsel contacted Plaintiffs attorney, Jenine R. Davey, Esquire, and asked for more information that could help locate Defendant. 4. Attorney Davey's law firm provided Defendant's social security number and a phone number. 5. The phone number provided was no longer a good number for the Defendant. 6. Undersigned counsel attempted through various online military sites to determine Defendant's military service and/or location but was unsuccessful. 7. The only online site that undersigned counsel could locate Defendant on was the Department of Defense Manpower Data Center, the same document as provided by Plaintiffs Exhibit C. 8. This document does provide that as of August 29, 2008, Defendant's military status is listed as Active Duty in the United States Army (attached as exhibit "A") 9. The Service Members Relief Act, 50 Appendix U. S.C.A. §501 et seq., provides that a plaintiff may not enter a default judgment against a defendant who is on active duty in the military. 10. Specifically, in regards to Mortgage actions, Section 533 of the act provides that In an action filed during, or within 90 days after a service member's period of military service to enforce a mortgage obligation, the court may after a hearing and on its own motion and shall upon application by a service member when the service member's ability to comply with the obligation is materially affected by military service; (1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties 11. According to Department of Defense records, Defendant is on active duty in the military. Unfortunately, undersigned counsel was unable to directly speak to Defendant to determine whether or not his ability to pay his mortgage obligation has been materially affected by his military service. 12. Based on the above information, it is undersigned counsel's recommendation that this Honorable Court stay the proceedings for a period of time as justice and equity require. Respectfully submitted, Date: Michael I Whar , Esquire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Request for Military Status Department of Defense Manpower Data Center °u Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 AUG-29-2008 08:18:07 Last Name First/Middle Begin Date Active Duty Status J Service/Agency KINER JERRY L MAR 08-2008 Active Duty Armv Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ffpk? LW?- A JM4- , Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: WARNING This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:IKD%EDDOMI https://www.dmdc.osd.mil/scra/owa/scm.prc_Select 8/29/2008 CAA" 4- ,.A ,' U.S. Bank National Association, : IN THE COURT OF COMMON PLEAS OF as Trustee for J.P. Morgan Mortgage : CUMBERLAND COUNTY, PENNSYLVANIA Acquisition Corporation JPMAC 2006-NC2 10790 Rancho Bemanrdo Road San Diego, CA 92127 Plaintiff V. Jerry L. Kiner, 6 Trine Avenue Mt. Holly, PA 17065 Defendant : Civil Action- Law : No. 08-1510- Civil Term CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire do hereby certify that I this day delivered a copy of the within Status Report upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jenine R Davey, Esquire Phelan, Hallinan & Schmieg, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 Jerry Kiner 6 Trine Avenue Mt. Holly Springs, PA 17065 Dated: "t 1,,, Michael J. W4 ,Esquire r-.a ?. ? ?? r-• rya -`; r t.G? ..,., ,' 7 :: ?_ -. . ,.?? ? ? FlLED--OfIr CE' in'TARY I,b SFP 1,' PM I-1 - :32 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 VS. JERRY L. KINER CUt? BE j' -@ COUNTY PENNSYLVANIA Attorney for Plaintiff 4"i'Y• a D ?d ``?? G?c ?' ldd0 8S?( !?/rl•??? 5 h. ?l e : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-1510-CIVIL TERM 170370 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JERRY L. KINER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $100,504.80 Interest - 03/04/2008 to 09/07/2010 $19.837.98 TOTAL $120,342.78 I hereby certify that (1) the Defendant's last known address is 6 TRINE AVENUE, MOUNT HOLLY, PA 17065, and (2) that notice has been given in accordance with Rule 237.1, copy attached. // /` / A ? La ?n L.Hza helan, sq., Id. No. 32227 ? Fr cis linanq.,Id. No. 62695 ? Daniel msq., Id. No. 62205 ? MichelEsq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: C/O Michael J. Whare, Esq. C/O Michael J. Whare, Esq. 37 East Pomfret Street 155 South Hanover Street Carlisle, PA 17013-3313 Carlisle, PA 17013 Pxs # 170370 PROTHONOTARY 170370 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. JERRY L. KINER : No. 08-1510-CIVIL TERM 170370 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JERRY L. KINER is over 18 years of age and his last known residence is 6 TRINE AVENUE, MOUNT HOLLY, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?U ? Lawreq#e UBr ., Id. No. 32227 ? Franc S. , Id. No. 62695 ? Daniel G. , Id. No. 62205 ? Michele M. adford, Esq., Id. No. 698 49 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 170370 (Rule of Civil Procedure No. 236) - Revised U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- COURT OF COMMON PLEAS NC2 CIVIL DIVISION VS. : No. 08-1510-CIVIL TERM JERRY L. KINER Notice is given that a Judgment in the above captioned matter has been entered against youon 9-/3-/U By: If you have any questions concerning this mg ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 R Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 170370 U.S. BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS "TRUSTEE FOR J.P. MORGAN MORTGAGE CIVIL DIVISON ACQUISTION CORPORATION JPMAC 2006-NC2 NO. 08-1510-CIVIL TERM v Plaintiff CUMBERLAND COUNTY ,TERRY L. KINER Defendant(s) THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COL.LI;CT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPFIZTY. IMPORTANTNOTICE TO: JERRY L. KINER C/O MICHAEL J. WHARE, ESQUIRE 37 EAST POMFREI' STREET CARLISLE, PA 17013-3313 DATE OF NOTICE: August 24, 2010 YOU ARE W DEFAULT 13ECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 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 S1301JLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE I-HE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. P11S # 170370 e I iF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE "1'0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 1'0 ELIGIBLI; PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelai No. 32227 Francis S. 1-lallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano. Esq., Id. No. 58745 heetal R. Shah-Jani, IEsq„ Id. No. 81760 Jenine R. Davey, L sq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courfenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phclan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS it 170370 r A- U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUIS"TION CORPORATION JPMAC 2006-NC2 v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-1510-CIVIL TERM CUMBERLAND COUNTY JERRY L. KINER Defendant(s) THIS FIRM IS A DE13T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE TO: JERRY L. KINER 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 DATE OF NOTICE: August 24, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 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 "1'0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 170370 Ollice of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Ph an, sq., Id. No. 32227 Francis S, Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano. Esq., Id. No. 58745 /eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 V ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter ,l, Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 170370 U.S. BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR J.P. MORGAN MORTGAGE. CIVIL DIVISON ACQUISTION CORPORATION JPMAC 2006-NC2 NO. 08-1510-CIVIL TERM v Plaintiff CUMBERLAND COUNTY JERRY L. KN ER Defendant(s) THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT' PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRE:SPONDF,NCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEB"I', BU]' ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE TO: JERRY L. KINER CIO MICHAEL J. WHAIUE, ESQUIRE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 DATE OF NOTICE: August 24, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANC:E PERSONALLY OR I3Y ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. PFIS 11 170370 ,. . 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 ELIGIBLF, PERSONS AT A REDUCED FEE OR NO FEE. Olt ice of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUI CARLISLE;, PA 17013 (717) 249-3166 t By: CA& Lawrence T. Ph an Esq., Id. No. 32227 Francis S. 1-tallin , Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 11?heetal R. Shah-Jam, Esq., Id, No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter .1. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brarnblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PNS # 170370 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVT? U.S. BANK NATIONAL ASSOCIATION,AS Court of Common Pleas TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- Civil Division NC2 Plaintiff CUMBERLAND County VS. No.: 08-1510-CIVIL TERM JERRY L. KINER Defendant ORDER ' AND NOW,this � L day of 2013,upon coniieration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: 1 Principal Balance $94,036.07 Interest Through February 22,2013 $38,709.53 Legal fees $1,950.00 1 Cost of Suit and Title $1,187.50 Property Inspections $499.25 Property Preservation $2,395.00 Appraisal/Brokers Price Opinion $750.00 Escrow to be paid prior to $saleDate $691.00 Escrow Deficit $10,459.55 I i i 170370 Suspense/Misc. Credits ($596) TOTAL `,$150,156.94 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. B THE COURT: J. � r C") r-j -T,; G -- -•i rn C:)-n -C 1 I V" �r'ry L• � yt>°� �� 170370 4f„eT� Ian /eV �l�<I/3 PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER COURT OF COMMON PLEAS U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE CIVIL DIVISION ACQUISTION CORPORATION JPMAC 2006- NC2 No.: 08-1510-CIVIL TERM Plaintiff C-3 c' CUMBERLAND COUNTY X . =M M -..v , i--m- -- p JERRY L.KINER 3d"" ` Defendant(s) aL-; PRAECIPE TO ENTER THE JUDGMENT PURSUANT TO COURT ORDER -� To the Prothonotary: Kindly Enter the Judgment per the Court Order dated 03/20/22013 in favor of the Plaintiff and against JERRY L.KINER,defendant(s). As Set Forth in the Order $150,156.94 a-qx� of f .Phelan Hallinan & Schmieg,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff AAV s�5 N� INoh� �1�"lat lec� c5t) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVA� U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- Civil Division NC2 Plaintiff CUMBERLAND County vs. No.: 08-1510-CIVIL TERM JERRY L. KINER Defendant ORDER AND NOW,this � L day of Wlcte-�, 2013,upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $94,036.07 Interest Through February 22,2013 $38,709.53 Legal fees $1,950.00 Cost of Suit and Title $1,187.50 Property Inspections $499.25 Property Preservation $2,395.00 Appraisal/Brokers Price Opinion $750.00 Escrow to be paid prior to $saleDate $691.00 Escrow Deficit $10,459.55 170370 Suspense/Misc. Credits ($520,96) TOTAL ' $150,156.94 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Bq THE COURT: / J. c� ® rn CD w c- tv ._ Eo sr o -c 44 170370 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P. COURT OF COMMON PLEAS MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- NC2 CIVIL DIVISION Plaintiff NO.: 08-1510-CIVIL TERM V. JERRY L.KINER CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $150,156.94 Interest from 02/23/2013 to Date of Sale $4,787.92 ($24.68 per diem) TOTAL $154,944.86 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. own PHS# 170370 Q a; rnco M_ O kn Cs �-CD O •� tLi 4, wags� 1 . SC)L[� CIt-alag3�ai ad ERs s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 Plaintiff V. JERRY L. KINER Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Address where papers may be served: JERRY L.KINER Phelan Hallinan,LLP 6 TRINE AVENUE Adam H.Davis,Esq.,Id.No.203034 MOUNT HOLLY,PA 17065 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a land subdivision for Constantinos J. Mallios dated August 1989, revised through November 14, 1989, and recorded in Cumberland County Plan Book 59, at Page 117, as follows: BEGINNING at an iron pin on the right-of-way line of Trine Avenue (50 feet right- of-way) at corner of Lot No. 2 on the draft of survey hereinabove referred to; thence along the right-of-way line of Trine Avenue, North 00 degrees 15 minutes East, 24.00 feet to an iron pin at corner of Lot No. 4 on said draft of survey; thence along Lot No. 4 and in the centerline of the party wall of Lots Nos. 3 and 4, South 89 degrees 45 minutes 00 seconds East, 114.15 feet to land now or formerly of United Telephone Company of Pennsylvania (23-G-950); thence along said land, South 00 degrees 15 minutes 00 seconds West, 24.00 feet to an iron pin at corner of Lot No. 2 on aforesaid draft of survey; thence along Lot No. 2 and through the centerline of party wall of Lots Nos. 3 and 2, North 89 degrees 45 minutes 00 seconds West, 114.15 feet to an iron pin on the right-of-way line of Trine Avenue, the Place of BEGINNING. CONTAINING 2,740 square feet. DESIGNATED as Lot No. 3 on draft referred to above and being improved with a townhouse known as and numbered 6 Trine Avenue. TITLE TO SAID PREMISES VESTED IN Jerry L. Kiner, single person, by Deed from Lisa A. Reed, single person, dated 04/28/2006, recorded 05/16/2006 in Book 274, Page 2770. PREMISES BEING: 6 TRINE AVENUE,MOUNT HOLLY,PA 17065 PARCEL NO.23-32-2336-391 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 �.,�. $`+ `�-OFFICE One Penn Center Plaza �° THE PROTN�1Pd-TA R t. Philadelphia, PA 19103 _•� A � : 215-563-7000 CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION,AS Tftk#JtMV4RAI•P• COURT OF COMMON PLEAS MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 CIVIL DIVISION Plaintiff NO.: 08-1510-CIVIL TERM V. JERRY L. KINER CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 1 :. This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ! � Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 4 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE COURT OF COMMON PLEAS FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 CIVIL DIVISION Plaintiff NO.: 08-1510-CIVIL TERM V. JERRY L. KINER CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 6 TRINE AVENUE,MOUNT HOLLY,PA 17065. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JERRY L.KINER 6 TRINE AVENUE MOUNT HOLLY,PA 17065 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JERRY L.KINER 6 TRINE AVENUE MOUNT HOLLY,PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: e ma C',: Name Address(if address cannot be `�'--' ° reasonably ascertained,please indicate) r-nCO z.Yf NEW CENTURY MORTGAGE 18400 VON KARMAN CORPORATION SUITE 1000 'r"' IRVINE,CA 92612 Ems_ '� o NEW CENTURY MORTGAGE 341 NORTH SCIENCE PARK ROAD =o CORPORATION SUITE 2051 AAM-097 5;c= C7 Cs C-';; C/O VICTORY SETTLEMENT,LLC STATE COLLEGE,PA 16803 .. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PHS # 170370 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 Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 6 TRINE AVENUE MOUNT HOLLY,PA 17065 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING JERRY L.KINER 37 EAST POMFRET STREET C/O MICHAEL J.WHARE,ESQUIRE CARLISLE,PA 17013-3313 JERRY L.KINER 155 SOUTH HANOVER STREET C/O MICHAEL J.WHARF,ESQUIRE CARLISLE,PA 17013-3313 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: aiz � - Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHS # 170370 U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR COURT OF COMMON PLEAS J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-N.C2 CIVIL DIVISION Plaintiff NO.: 08-1510-CIVIL TERM VS. CUMBERLAND COUNTY JERRY L. KINER Defendant(s) N C� rn NOTICE OF SHERIFF'S SALE OF REAL PROPERTY =M � -0 M, ,.,r- > � C) TO: JERRY L. KINER r-c 6 TRINE AVENUE MOUNT HOLLY, PA 17065 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate) at 6 TRINE AVENUE,MOUNT HOLLY, PA 17065 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$150,156.94 obtained by U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a land subdivision for Constantinos J. Mallios dated August 1989, revised through November 14, 1989, and recorded in Cumberland County Plan Book 59, at Page 117, as follows: BEGINNING at an iron pin on the right-of-way line of Trine Avenue (50 feet right- of-way) at corner of Lot No. 2 on the draft of survey hereinabove referred to; thence along the right-of-way line of Trine Avenue, North 00 degrees 15 minutes East, 24.00 feet to an iron pin at corner of Lot No. 4 on said draft of survey; thence along Lot No. 4 and in the centerline of the party wall of Lots Nos. 3 and 4, South 89 degrees 45 minutes 00 seconds East, 114.15 feet to land now or formerly of United Telephone Company of Pennsylvania (23-G-950); thence along said land, South 00 degrees 15 minutes 00 seconds West, 24.00 feet to an iron pin at corner of Lot No. 2 on aforesaid draft of survey; thence along Lot No. 2 and through the centerline of party wall of Lots Nos. 3 and 2, North 89 degrees 45 minutes 00 seconds West, 114.15 feet to an iron pin on the right-of-way line of Trine Avenue, the Place of BEGINNING. CONTAINING 2,740 square feet. DESIGNATED as Lot No. 3 on draft referred to above and being improved with a townhouse known as and numbered 6 Trine Avenue. TITLE TO SAID PREMISES VESTED IN Jerry L. Kiner; single person, by Deed from Lisa A. Reed, single person, dated 04/28/2006, recorded 05/16/2006 in Book 274, Page 2770. PREMISES BEING: 6 TRINE AVENUE,MOUNT HOLLY,PA 17065 PARCEL NO.23-32-2336-391 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-1510-CIVIL TERM U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 V. JERRY L. KINER owner(s) of property situate in the BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND County, Pennsylvania,being 6 TRINE AVENUE,MOUNT HOLLY, PA 17065 Parcel No. 23-32-2336-391 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $150,156.94 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT'OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 08-1510 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 Plaintiff(s) From JERRY L.KINER (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 gamishee(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: 150,156.94 L.L.1.50 Interest FROM 2/23/2013 TO DATE OF SALE($24.68 PER DIEM)-$4,787.92 Atty's Comm: Due Prothy:$2.25 Atty Paid: 5 1114. 7a Other Costs: Plaintiff Paid: Date: 5/7/13 David D. Buell,Pro onota Deputy R'EQUIESTING PARTY: Name: ADAM H. DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.203034 n � � rn rn M G PHELAN HALLINAN,LLP Attorney for Plaintiff r ' Adam H.Davis,Esq.,Id.No.203034 – 1617 JFK Boulevard,Suite 1400 <CD sMI CD-n One Penn Center Plaza C CZ)c 1 Philadelphia,PA 19103 > c r Adam.Davis @PhelanHallinan.com -i ry 215-563-7000 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS CUMBERLAND COUNTY TRUSTEE FOR J.P.MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 08-1510-CIVIL TERM JERRY L.KINER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". z�� -Y–Z21� — Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Date: // IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#664383 Nalne and Phelan Ilollimn,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender Onc Peml Center Plaza n _— _____ __ _Philadelp a,.PA 14103 A7K,(MAN-09104/2.013 SALE: �m Linn Aftielc l;uinber Name of Addressee Street,and Post Office Address - Posta e y 1 *"•* TFNAN'T/0CC,IJPANT SOAS n 45 s 6 TRINE AVENUE 7, MOUNT HOTLY PA 17065 2 «•' : NEW CENTURY MORTGAGECO'RPORATION SOAS 18400 VON KATL12AlY fn ,,, +Lao 1 SUITE 1000 -� ""' ^"J° i IRVINE CA 92612 =.�+ 3 *'i" NEWCENTURY MORTGAGE CORPORATION C/O VICTORY SETTLEMENT,LLC SOAS ; 341 NORTH SCIENCE PARK ROAD SUITE 2051 AAM-097 ' STATE COLLF,GE PA 1.6803 a. 4 **** DOMESTIC RELATIONS OF $0.45 CUMBERLAND COUNTY l 13 NORTH HANOVER STREET ` 1 CARLISLE PA 17013 r1�i 11E1;�1', COMMON WEALTH OF FENNSYLVANIA $0.45 + DEPARTMENT OF WELFARE P.O,BOX 2675 HARRISBURG,PA 17105 A **+* INTERNAL REVENUE SERVICE ADVISORY SOAS 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 7 `"•* U.S.DEPAR'T'MENT OF JUSTICE SOA5 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNLT STREET,SUITE 220 PO BOX 11754 HARRISBURG PA 17108-1754 R +«•* JERRY 1„KIINF.R C!O MICHAEL J.WHARE,ESQUIRE SOAS 37 EAST POMFRET STREET CARLISLE PA 17013-3313 9 •*'" TERRY L.KINER C/O MICHAEL J.WHARE,ESQUIRE $0.45 155 SOUTH H"OVERSTREET CARLISLE,PA 17013-3313 RE:JERRY L.KTNER CUMBERLAND PIS#170370/1021 Page 1 of I Wrlt Team 54.05 Total Nurba of Total Namtert(Pixel PaaSmnra,Pu(Nameof The Ail dmboikn of vales a tt9uicd on all 6otait.aM'ive4mtioulteciut"d aao.Tit no:iaatn indmmitvvavbk pkimA Etmd"der EacivdttPogolrve Rtmivingln*yte) forthercem twtionofmmegotiatle 4oturcdswWuEWtMMuidauntM-.MnlmcionmonyaisSS).00rw plc t wbjtet tau MM on-Ko.41a R{mcam ee.The.tmxtmum in&mutypopbk vn uNwrss Mail m mhaadtt:1933M. 7trc rroximtm indemtiey M7M1b1,u S2S.09P far relvtSered mni.ocnt rhhoperorol i,ouanee,See Goraatk Mail Nsraat JIM 59U ant Ml f-5.*A—.,fm—pr 3877 Facsimile �.�+rewsrrea een�e Nantc and Phelan liallinan,LLP Address 1617 JFK Boulevard,Suite 1400 � Of Sender One Penn Center Plaza u Phi?adel hie,PA 19103 AZK1.%I LX-09?0412013 SALE �� 0 ca Line ArticleNamber Nome of Addressee,Street.rnd Post Office Address Postage v^, 1 TENANTIOCCUPA,*7T $0.45 - 0 6TRIN£AVFNTJF. t , MOUNT POLLY.PA 17065 u 2 NI FW CENTURY MORTCACE CORPORATION SOAS t rNO 18400 VON KARMAN SUITE 3000 IRVINE,CA 92612 3 *'*^ NEwCl;NI'URY MORTGAL;ECORPORATION 00 VWFOHY SE7.7'LEMENT,.LLC $0.45 341 NORTH SCIENCE PARK ROAD SUITE 2051 AAM-097 STATE COLLEGE PA 16803 4 **** DOMESTIC RELATIONS OF SOASv CUMBERLAND COUNTY 13 NORTH HANOVER STREET y CARLISLE PA 17013 5 " °` COMMONNTA.LTII OF PENNSYLVANIA 50.45 DEPARTIITENT OF NVELFARE w F.O.BOX 2675 HARRISBURG,PA 17105 6 **** INTERNAL REVENUE SERVICE ADVISORY 50.45 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH PA 15222 7 U.S.DEPARTMENT OF JUSTICE 40.45 U.S.ATTORNEY FOR THE MIDDLE DISTRICT 0'F PA i FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO B01 11754 t IIARRISBUK(.' PA 17108-1754 8 *'"* JERRY L.KINER CIO MICHAEL J.'NVHARE;ESQUIRE SOAS 37 EAST POM.FRET STREET CARLISLE.PA 17013-3313 9 **** JERRY L.KINER CIO MICHAEL J.WHA.RE,ESQUIRE BOAS ISS SOU'T'H HANOVER STREET CARLISLE PA 1.7013-3313 RE:JE Y ..XINER CUMBERLAND PIES 9 17037011021 Pare I of I writ Team $4AS Tdal 14umbe ra( Tom Ntadxr ofYieetr kK[avtsYg rtrfNww"t, 'IM ruildtclarttialo+•afire is requGed of al'tidxstic:nl rttc,vl'argil rtgiucrcd mail.the maNnumitdcmrify pawbk Vktes t.httd ay 5coer ptcwwc al tosl orkx A"twois Evto)v) lot ft amutnetm ut*rEyF=a Moil dwolow-n rrcomrwkn ltaunner is 3300A pet pwce subjm tea I:nieo/350G.0a)ixr arcueoree.1he.mnsirr.m vdamnly ra)•abk on tynrre Uwl ncectrNise w 55aa Ttxtmsitmm Hdamty nayaSk is S23.IX/U for;egntzr<4 maii,sen a7h ugiarpil frtturardt.See 17tm:atk Magi F1 rnul ! R!>OQS9f3andS92 trorlitduti0rt5nteoren Form 3877 Facsimile ,rC J PHELAN HALLINAN,LLP Attorney for Plaintiff L 3 ` 2 6 9: 4 3 One Penn Center Plaza � RL 1617 HK Boulevard, Suite 1400 �,CUMBERLAND COUNTY Philadelphia, PA 19103 LVA,Nfq Adam.Davis @PhelanHallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE CUMBERLAND COUNTY ACQUISTION CORPORATION JPMAC 2006- COURT OF COMMON PLEAS NC2 CIVIL DIVISION Plaintiff NO. 08-1510-CIVIL TERM V. JERRY L. KINER Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan, LLP,petitions'this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, JERRY L. KINER, by certified mail and regular mail to JERRY L. KINER at 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 and posting 6 TRINE AVENUE, MOUNT HOLLY,PA 17065 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 4, 2013 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.)'3129.2 requires that the Defendant be served with a notification of Sheriff s Sale at least thirty (30) days prior to the scheduled sale date. 4 s 3. Attempts to serve Defendant, JERRY L. KINER, with the Notice of Sale at the mortgaged premises, 6 TRINE AVENUE, MOUNT HOLLY, PA 17065, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of July 23, 2013, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on August 12, 2013 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of August 12, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, JERRY L. KINER, but has been unable to do so. K s WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JERRY L. KINER at 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 and posting 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 and by publication. Phelan Hallinan, LLP DATE: Z���� By: Phelan Hallinan, LLP Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 S PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE CUMBERLAND COUNTY ACQUISTION CORPORATION JPMAC 2006- COURT OF COMMON PLEAS NC2 CIVIL DIVISION Plaintiff N0. 08-1510-CIVIL TERM V. JERRY L. K1NER Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, JERRY L. KINER, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1). inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories,voter registration records, local tax records and motor vehicle records. As indicated by the of return of service,hereto as Exhibit "A",the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JERRY L. KINER at 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 and posting 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LLP DATE: jilt By: � Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff Y PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE CUMBERLAND COUNTY ACQUISTION CORPORATION JPMAC 2006- COURT OF COMMON PLEAS NC2 CIVIL DIVISION Plaintiff NO. 08-1510-CIVIL TERM V. JERRY L. KINER Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 JERRY L. KINER C/O MICHAEL J. WHARE, ESQUIRE 37 E. POMFRET STREET CARLISLE, PA 17013 Phelan Hallinan, LLP DATE: l%/ Z•1 �I� By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ����t►of Cunrbry��s Jody S Smith Chief Deputy Richard W Stewart - solicitor OFWA OF TO*SWRIFF U S Bank, N.A. Case Number Jervsry.L Kiner 2008-1510 SHERIFF'S RETURN OF SERVICE 06/27/2013 06:01 PM-Deputy Tim Black,being duly swom according to law,states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description,and Sale Handbill in the above titled action,upon the property located at 6 Trine Avenue, Mount Holly Borough, Mount Holly Springs,PA 17065,Cumberland County. 07/16/2013 Ronny R.Anderson,Sheriff,being duly swom according to law,states that he made a diligent search and inquiry for the within named Defendant,to wit:Jerry L. Kiner,but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ,Notice and Description,in the above titled action,as"Not Found"at 6 Trine Avenue, Mount Holly Springs,PA 17065,property is vacant,did not leave a forwarding at post office. SHERIFF COST: $920.03 SO ANSWERS, July 16,2013 ROW?R ANDERSON,SHERIFF (C)CoWySute ShMM.TMeoson,Inc EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 170370 Attorney Firm: Phelan Hallinan,LLP Subject: Jerry L.Kiner Property Address: 6 Trine Avenue,Mount Holly,PA 17065 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jerry L.Kiner-xxx-xx-5592 B. EMPLOYMENT SEARCH Jerry L.Kiner-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jerry L.Kiner reside(s) at:6 Trine Avenue, Mount Holly Springs,PA 17065. 11. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Jerry L. Kiner,however did provide a listing for Tammy J.Wagner at:8 Trine Avenue,Mount Holly Springs,PA 17065.On 07-25-13 our office made a telephone call to the.phone number(717)486-4632 and received the following information:not in service. B. On 07-25-13 our office made a telephone call to a possible phone number of the subject(s) (717)486-4617 and received the following information:not in service. Ill. INQUIRY OF NEIGHBORS On 07-25-13 our office made several phone calls in an attempt to contact Suzanne J. King(717)486-3493,10 Trine Avenue,Mount Holly Springs,PA 17065:answering machine. On 07-25-13 our office made a phone call in an attempt to contact Tara R.Shindel (717)486-7470,2 Trine Avenue,Mount Holly Springs,PA 17065:not in service. On 07-25-13 our office made several phone calls in an attempt to contact Brian H. Robertson(717)486-5704,12 Trine Avenue,Mount Holly Springs,PA 17065: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-25-13 we reviewed the National Address database and found the following information:Jerry L.Kiner-6 Trine Avenue,Mount Holly Springs,PA 17065. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. V.OTHER INQUIRIES A. DEATH RECORDS As of 07-25-13 Vital Records and all public databases have no death record on file for Jerry L.Kiner. VI.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Jerry L.Kiner-not available B. A.K.A. Jerry Lee Kiner *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to authorities. C7J ' The above information is obtained from available public records and we are only liable for the cost of the affidavit. EVLTT�TT i �.6Lf�"9) l9.ira a Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 ' One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@phelanhallinan.com LILY HAINEY, Legal Assistant,Ext. 1401 Representing Lenders in Service Department Pennsylvania August 12, 2013 JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 RE: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 v. JERRY L. KINER Premises Address: 6 TRINE AVENUE,MOUNT HOLLY,PA 17065 CUMBERLAND County,No. 08-1510-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by August 19, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 664383 Name and Phelan Hallinan,LLP O cn Address y 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza $ N N Philadelphia,PA 19103 LXH Line Article Number Name of Addressee,Street,and Post Office Address Postage S 1 p 1 **** TENANT/OCCUPANT $0.46 w 0 - 1 4 i � 6 TRINE AVENUE MOUNT HOLLY,PA 17065 2 **** JERRY L.KINER $0.46 0, 6 TRINE AVENUE •• °—N° h10 0 MOUNT HOLLY,PA 17065 RE:JERRY L.KINER CUMBERLAND TEAM 4 PH#664383/1021 Page 1 of 1 $0.92 'W - a Total Number of Total Number of Pieces Postmaster,Per(Name of The full declaration of value is required on all domestic and international registered mail. The maxis Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insu. piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable on Express M. The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance. See D+ ? R900 5913 and S921 for limitations of covers e. Form 3877 Facsimile 1.",01 s r 664383 j A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE CIVIL DIVISION ACQUISTION CORPORATION JPMAC 2006- NC2 NO. 08-1510-CIVIL TERM Plaintiff C..) r V. C o - I3- .w --I r-nfm z JERRY L. KINER X::0 r rn Defendant r `� ORDER AC: AND NOW,this Zf ' day of ojJ - 12013, of r Cn 5 r, consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant JERRY L. KINER by: REGULAR MAIL TO JERRY L. KINER at 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO JERRY L. KINER at 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 Service by mail is complete upon the date of mailing y POSTING 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE URT: J. PH # 664383` A+' T L31j rS l ;it. ijRi.ifl.ICNO TAR f Phelan Hallinan, LLP , Jonathan M. Etkowicz, Esq., Id. No.208786 t 3`3 OCT -3 Aitibli8EY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CtJ4iERLAUD COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 j onathan.etkowicz @phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS : Court of Common Pleas • TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- • Civil Division • NC2 Plaintiff • CUMBERLAND County v. : No.: 08-1510-CIVIL TERM JERRY L. KINER Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 6, 2008. 2. Judgment was entered on September 13, 2010 in the amount of$120,342.78. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated March 20, 2013, amending the judgment amount to $150,156.94. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 664383 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. A Sheriffs Sale of the mortgaged property at 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant,JERRY LEE KINER A/K/A JERRY L. KINER, filed a Chapter 07 Bankruptcy at Docket Number 1:10-10212 on December 22, 2010. The Bankruptcy stay ended when the Bankruptcy Court entered an Order dated March 28, 2011 discharging the defendants of personal liability. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 6. The Property is listed for Sheriffs Sale on December 4, 2013. 7. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $94,036.07 Interest Through December 4, 2013 $45,421.57 Legal fees $1,950.00 Cost of Suit and Title $2,348.96 Property Inspections $592.72 Property Preservation $3,035.00 Appraisal/Brokers Price Opinion $1,065.80 Escrow Deficit $13,799.53 Suspense/Misc. Credits ($520.96) TOTAL $161,728.69 8. Plaintiff paid the following in property preservation during the time the loan was in default: 10/3/2008 LOCK CHANGE $40.00 4/27/2009 YARD MAINTENANCE $95.00 5/5/2009 YARD MAINTENANCE $90.00 6/3/2009 YARD MAINTENANCE $90.00 664383 6/8/2009 YARD MAINTENANCE $90.00 6/12/2009 YARD MAINTENANCE $90.00 7/13/2009 YARD MAINTENANCE $90.00 7/16/2009 YARD MAINTENANCE $90.00 8/24/2009 YARD MAINTENANCE $90.00 9/1/2009 YARD MAINTENANCE $90.00 9/28/2009 YARD MAINTENANCE $90.00 9/29/2009 YARD MAINTENANCE $90.00 10/9/2009 YARD MAINTENANCE $90.00 10/16/2009 YARD MAINTENANCE $90.00 10/26/2009 YARD MAINTENANCE $90.00 2/25/2012 DRY HEAT $100.00 5/19/2012 YARD MAINTENANCE $95.00 6/7/2012 YARD MAINTENANCE $90.00 6/29/2012 YARD MAINTENANCE $90.00 7/12/2012 YARD MAINTENANCE $90.00 7/27/2012 YARD MAINTENANCE $90.00 8/21/2012 YARD MAINTENANCE $90.00 8/31/2012 YARD MAINTENANCE $90.00 9/7/2012 YARD MAINTENANCE $90.00 10/16/2012 YARD MAINTENANCE $90.00 10/31/2012 YARD MAINTENANCE $90.00 12/1/2012 YARD MAINTENANCE $90.00 5/16/2013 YARD MAINTENANCE $95.00 6/4/2013 YARD MAINTENANCE $90.00 6/13/2013 YARD MAINTENANCE $90.00 7/5/2013 YARD MAINTENANCE $90.00 7/10/2013 YARD MAINTENANCE $90.00 8/6/2013 YARD MAINTENANCE $90.00 8/24/2013 YARD MAINTENANCE $90.00 TOTAL $3,035.00 9. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 4/12/2011 ESCROW BALANCE $5,188.25 4/12/2011 HOMEOWNERS INSURANCE $601.00 4/14/2011 BOROUGH TAX $455.65 664383 8/11/2011 SCHOOL TAX $1,527.15 4/6/2012 BOROUGH TAX $455.65 4/10/2012 HOMEOWNERS INSURANCE $691.00 8/16/2012 SCHOOL TAX $1,540.85 3/26/2013 BOROUGH TAX $536.85 5/25/2013 HOMEOWNERS INSURANCE $1,233.00 8/7/2013 SCHOOL TAX $1,570.13 TOTAL $13,799.53 10. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 11. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 12. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 13. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 14. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Kevin A. Hess entered an order for Service of Notice of Sale Pursuant to Special Order of Court dated August 29, 2013 . 664383 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: t Izits By: lam/ Jong,M. Etkowicz, Esquire AT ra ' EY FOR PLAINTIFF 664383 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas • TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- • Civil Division • NC2 Plaintiff : CUMBERLAND County v. • No.: 08-1510-CIVIL TERM JERRY L. KINER Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JERRY L. KINER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 6 TRINE AVENUE, MOUNT HOLLY, PA 17065. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 664383 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 664383 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment.and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 664383 • Discount Company v. Babuscio, 257 Pa. Super 101, 109. 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 664383 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995).Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 664383 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 664383 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 664383 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan LLP DATE: IL 13 By: Jonas M. 'tkowicz, Esquire Atto ey for Plaintiff 664383 Exhibit "A" 664383 (,)FTE 17: 32 GOU�I CuMpEENNS '�'-�LMA r Phelan Hallinan&Schmieg, LLP By: Lawrence T.Phelan,Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 ;: ' Daniel G. Schmieg, Esq., Id.No 62205 Michele M. Bradford,Esq.,Id. No. 69849 Judith T. Romano,Esq., Id.No. 58745 Sheetal R. Shah-Jani,Esq.,Id. No. 81760 Jenine R. Davey,Esq., Id.No. 87077 Lauren R. Tabas, Esq., Id.No. 93337 Vivek Srivastava, Esq.,Id.No. 202331 Jay B. Jones,Esq., Id.No. 86657 Peter J. Mulcahy,Esq.,Id.No. 61791 Andrew L. Spivack,Esq., Id. No. 84439 Jaime McGuinness,Esq.,Id.No. 90134 Chrisovalante P. Fliakos,Esq., Id.No 94620 < , {. ( {'EE /MyLf. (_, 'pv Joshua I. Goldman, Esq., Id. No. 205047 PLEASE:RETURN Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett,Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 U.S.BANK NATIONAL ASSOCIATION, : CUMBERLAND COUNTY AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION : COURT OF COMMON PLEAS CORPORATION JPMAC 2006-NC2 : CIVIL DIVISION vs. : No. 08-1510-CIVIL TERM ATTORNEY ' JERRY L. KINER PLEASE RET.P' 170370 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JERRY L. KINER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $100,504.80 Interest-03/04/2008 to 09/07/2010 $19.837.98 TOTAL $120,342.78 I hereby certify that(1) the Defendant's last known address is 6 TRINE AVENUE, MOUNT HOLLY,PA 17065,and(2)that notice has been given in accordance with Rule 237.1, copy attached. L ❑ La r nse T.Phelan, :sq., Id.No. 32227 ❑ Fr., cis .. Hallinan, 'sq.,Id.No. 62695 ❑ Daniel I. Schmi-_,Esq.,Id.No. 62205 ❑Michele . : adford,Esq.,Id.No. 69849 ❑Judith T.Romano, Esq.,Id. No. 58745 ❑ Sheetal R. Shah-Jani,Esq.,Id.No. 81760 ❑Jenine R. Davey,Esq.,Id.No. 87077 El Lauren R. Tabas,Esq., Id.No. 93337 ❑ Vivek Srivastava,Esq., Id.No. 202331 ❑Jay B.Jones,Esq., Id.No. 86657 ❑ Peter J. Mulcahy,Esq.,Id.No. 61791 ❑Andrew L. Spivack,Esq.,Id.No. 84439 El Jaime McGuinness,Esq.,Id.No. 90134 ❑I Chrisovalante P. Fliakos,Esq.,Id.No. 94620 Joshua I. Goldman,Esq.,Id.No. 205047 ❑ Courtenay R. Dunn,Esq.,Id.No. 206779 ❑Andrew C. Bramblett,Esq.,Id.No.208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: C/O Michael J. Whare, Esq. C/O Michael J. Whare, Esq. 37 East Pomfret Street 155 South Hanover Street Carlisle,PA 17013-3313 Carlisle,PA 17013 PHS#170370 PROTHONOTARY 170370 • • Exhibit "B" 664383 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- : Civil Division NC2 Plaintiff CUMBERLAND County vs. No.: 08-1510-CIVIL TERM JERRY L. DINER Defendant • ORDER AND NOW, this -24"44 day of A'424. ! , 2013, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $94,036.07 Interest Through February 22, 2013 $38,709.53 Legal fees $1,950.00 Cost of Suit and Title $1,187.50 Property Inspections $499.25 Property Preservation $2,395.00 Appraisal/Brokers Price Opinion $750.00 Escrow to be paid prior to $saleDate $691.00 Escrow Deficit $10,459.55 170370 Suspense/Misc. Credits ($57 0.96) TOTAL $150,156.94 Plus interest at six percent p£anm. Note: The above figure Rntapy 7q me. Sheriffs commission is not includ e in the abo c figure. BY THE COURT:. / : : / £ . . � ,r \ / - •-•� . . 170370 Exhibit "C" 664383 • B18(Official Form 18)(02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s)(name(s)used by the debtor(s)in the last 8 years,including married,maiden,and trade): Jerry Lee Kiner Chapter 7 6 Trine Avenue Case No. 1:10—bk-10212—RNO Mount Holly Spri,PA 17065 Last four digits of Social—Security,Individual Taxpayer—Identification,Employer Tax—Identification No(s)(if any): xxx—xx-5592 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s)is granted a discharge under section 727 of title 11,United States Code, (the Bankruptcy Code). BY THE COURT Dated: March 2$,2Q11 C-r3-1-‘) Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is electronically signed and filed on the same date. Case 1:10-bk-10212-RNO Doc 13 Filed 03/28/11 Entered 03/28/11 11:11:29 Desc Ch 7 Discharge Page 1 of 2 Exhibit "B" 664383 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 23d,2013 JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 RE: U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 v. JERRY L. KINER Premises Address: 6 TRINE AVENUE MOUNT HOLLY,PA 17065 CUMBERLAND County CCP,No. 08-1510-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. ery ul o ur Jon thai Etko 'c-z,Esq., Id. No.208786 At mey for Plaintiff Enclosure 664383 4 n g Name and Phelan Hallinan,LLP Address 1617 MK Boulevard,Suite 1400 Ci Of Sender One Penn Center Plaza h A Phi Philadel i PA 19103 KVM PaPta Line Article Number Name of Addressee,Street,and Post Office Address Postage ( 1. *iO4" .TERRY L.KINER 50.46 me y 6TRINE AVENUE v, °Na MOUNT HOLLY,PA 17065 . _ RE:JERRY L.KINER(CUMBERLAND) PH#664383/1200 Page 1 of 1 50.92 Total Namberof Taal Nordin of Piano Postmaster,Pa(Maroc of The file deeiantion of value is rowing on 118 domestic 11.16 inempioaal registered mail.The mar r:. jPieces fated by Sander !naiad a Pop Q Receiving Patipoyee) for die reconstruction of nonnegoti#e doeumnts,.der Eapran Mot rlc+canyon ae a anaien. �u r piece subject to a limit of$500,000 pa ocemrnnea The maxim m indemmry va.bk on Ewen te.nitd ta. The mawimum indemnity payable is S2S.000 foe resigned nail,tout w th optional niatnKe See .. 8900 S913 and 5921 for 1tnnl$iom of coverer. Form 3877 Facsimile 1 .l 2„34'7 66438' Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas • TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- • Civil Division • NC2 Plaintiff • CUMBERLAND County • v. • No.: 08-1510-CIVIL TERM • JERRY L. KINER Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 Phelan Hallinan,LLP DATE: ,072...-A •By: .�� ei J o nat r.n M. Etkowicz, Esquire A ORNEY FOR PLAINTIFF 664383 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas TRUSTEE FOR J.P. MORGAN MORTGAGE • ACQUISTION CORPORATION JPMAC 2006- Civil Division NC2 • Plaintiff • CUMBERLAND County • v. • No.: 08-1510-CIVIL TERM • JERRY L. KINER Defendant RULE AND NOW, this �� day of Ocia Lr r 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE ••URT (0 J. me `.� rrr c -1�. rte— cc) ;'( C.111 664383 • onathan M. Etkowicz, Esq., Id.No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 CO?t'CZ /12. 1,15c.L /di8/�3 664383 664383 i.; PRO Ti JN0 2013 OCT 17 14M 10: 7 CUMBERLAND COUNT' PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- Civil Division NC2 • Plaintiff : CUMBERLAND County vs. • • No.: 08-1510-CIVIL TERM JERRY L. KINER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 Phel. in LLP DATE: (11) �! By: �� _�� Jonath. ' V tkowicz,Esq., Id.No.208786 Att• ey for Plaintiff 664383 L 1-'1 Q 1-1 O1i01 ,r 20I3 NOV -7 AM IQ: I 9 "'J MCERLA O COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS : Court of Common Pleas • TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- • Civil Division • NC2 Plaintiff • CUMBERLAND County vs. • No.: 08-1510-CIVIL TERM JERRY L. KINER Defendant MOTION TO MAKE RULE ABSOLUTE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 3, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the 664383 Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued on October 8, 2013 directing the Defendant to show cause by October 28, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 16, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 28, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP DATE: ( [ AP /13 By: Jo an Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 664383 Exhibit "A" 664383 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 23`d, 2013 JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 RE: U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P.MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006-NC2 v. JERRY L. KINER Premises Address: 6 TRINE AVENUE MOUNT HOLLY,PA 17065 CUMBERLAND County CCP,No. 08-1510-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 9/28/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. ery ul •ur lei ir Jon hat .Etko 'cz,Esq., Id.No.208786 At .rney for Plaintiff Enclosure 664383 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNS' I.VANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- Civil Division NC2 Plaintiff CUMBERLAND County v. No.: 08-1510-CIVIL TERM JERRY L. KINER Defendant RULE AND NOW, this 4944-- _day of ,__2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT Ail i' A ,1 , +! ` 0_, !_ J J. ;vim .. _ s,, ,(_ . 664383 Jonathan M. Etkowicz, Esq.,Id.No.208786 Phelan I Iallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 664383 . . Exhibit "B" 664383 E_`'' Ut' 'iUt +E.PRO1 H0? OTA 2013 OCT 17 Ali 10: : 7 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz,Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF tie- 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 00goY Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- Civil Division NC2 _' ,„ Plaintiff CUMBERLAND County vs. No.: 08-1510-CIVIL TERM JERRY L. KINER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 8,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY,PA 17065 Phe1: ; `. in A LLP DATE: By: Jonah. f tkuwicz,Esq.,Id.No.208786 At + ey for Plaintiff 664383 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas • TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- • Civil Division • NC2 Plaintiff • CUMBERLAND County • vs. • No.: 08-1510-CIVIL TERM • JERRY L. KINER Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065 Phelan Hallinan, LLP DATE: //be/0 By: athan Lobb, Esq., Id.No.312174 Attorney for Plaintiff 664383 t i n rl,L D OF D I :_ r,r i ICE PR0T1iON0 TA RN``x 20 13 NOV 12 PM 4 GU�PENNS LV ft Y AN A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC 2006- Civil Division NC2 Plaintiff CUMBERLAND County VS. No.: 08-1510-CIVIL TERM JERRY L. K1NER Defendant ORDER AND NOW, this ix,' day of ViC4.44w, 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $94,036.07 Interest Through December 4, 2013 $45,421.57 Legal fees $1,950.00 Cost of Suit and Title $2,348.96 Property Inspections $592.72 Property Preservation $3,035.00 Appraisal/Brokers Price Opinion $1,065.80 Escrow Deficit $13,799.53 Suspense/Misc. Credits ($520.96) 664383 TOTAL $1 61,728.69 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT: J. l0 J . loll 664383 ' 'i..,✓`t7i � 1G` �'' T Hotta TAR , PHELAN HALLINAN, LLP 20?3 DEC -9 a ��. Attorney for Plaintiff 07 1617 JFK Boulevard, Suite 1400 CUMBERLAND Co One Penn Center Plaza PENNS YLVANlq TY Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION, AS • TRUSTEE FOR J.P. MORGAN MORTGAGE • CUMBERLAND COUNTY ACQUISTION CORPORATION JPMAC 2006- COURT OF COMMON PLEAS NC2 • • CIVIL DIVISION Plaintiff • • NO. 08-1510-CIVIL TERM vs. JERRY L. KINER Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to JERRY L. KINER on SEPTEMBER 9, 2013 in accordance with the Order of Court dated AUGUST 28,2013. The property was posted on SEPTEMBER 11, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: /a S I3 By: It'. 1 �l LLP Meredith Wooters, Esq., d. No.307207 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS TRLTSSREE FOR J.P.MORGAN MORTGAGE CIVIL DIVISION ACQUISTION CORPORATION JPMAC 2006- • NC2 NO.08-1510-CIVIL TERM Plaintiff co -`' • c S v. -ems JERRY L.KINER _ Z = z Defendant pc yp c:)rrn ORDER -4 O AND NOW,this afErk.day of ,2013,after • consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is permitted on Defendant JERRY L.KINER by: t/ REGULAR MAIL TO JERRY L.KINER at 6 TRINE AVENUE, MOUNT HOLLY,PA 17065 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO JERRY L.KINER at 6 TRINE AVENUE, -- - --- - - - .. -.MOIINT_H.OLLY,PA.17065._- -- - — - __ - -- Service by mail is complete upon the date of mailing POSTING 6 TRINE AVENUE,MOUNT HOLLY,PA 17065 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2(D). BY THE COURT: le/ J. PH#664383 . , d i � mo. , o CD till Z y 1.4 * 4 4 O N O Q o a y** n tml C �o b bob 0 y z Ili °: a x CA O " '" twill til 0b . Z Wiz l - y t�f° 0 ,.= x co y a ro ° r tll el, /.y y y O O C ° g ?? _n C• r a F. n ro R w ao ° Of r a1 ' '''' I q, U.S.POSTAGE>>PITNEY BOWES y' i . 4,4„ ........... ._. ; L` �„Li 02 19103 $ 001.66° -t ' 0001381191 09 2013 1111111 1111 I I r 7178 2417 6099 0144 7687 LXH/664383 JERRY L. KINER 6 TRINE AVENUE MOUNT HOLLY, PA 17065-0000 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com® - USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register f Sign In 10Uw11 Si'w Search USPS.corn or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mad Shop Business Solutions ga USPS Tracking TM Customer Service> US r S 1 racking Have questions?We're here to help. Tracking Number:71782417609901447687 Scheduled Delivery Day:September 11,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mails Certified Mail" September 18,2013,8:00 Delivered PHILADELPHIA,PA 19103 am September 17,2013, Available for Pickup PHILADELPHIA,PA 19103 11:51 am September 16,2013,9.11 Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility September 15,2013, Processed through LANCASTER,PA 17604 12:44 pm USPS Sort Facility September 15,2013 Depart USPS Sort LANCASTER,PA 17604 Facility September 14,2013,7:34 Processed through LANCASTER,PA 17604 am USPS Sort Facility September 11,2013,9:53 Moved,Left no CARLISLE,PA 17013 am Address September 11,2013,8:18 Arrival at Unit CARLISLE,PA 17013 am September 11,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility September 11,2013,4:28 Processed through HARRISBURG,PA 17107 am USPS Sort Facility September 10,2013,5:57 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility September 10,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility September 9,2013,11:15 Processed at USPS PHILADELPHIA,PA 19176 pm Origin Sort Facility September 9,2013,6:14 Dispatched to Sort PHILADELPHIA,PA 19102 pm Facility September 9,2013,4:17 Acceptance PHILADELPHIA,PA 19102 pm September 9,2013 Electronic Shipping Info Received https://tools.usps.com/go/TrackConfirmAction.action?tLabe1s=71782417609901447687 11/27/2013 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISTION CORPORATION JPMAC PH#664383 2006-NC2 DEFENDANT SERVICE TEAM/sal JERRY L.KINER COURT NO.:08-1510-CIVIL TERM SERVE JERRY L.KINER AT: TYPE OF ACTION 6 TRINE AVENUE XX Notice of Sheriff's Sale MOUNT HOLLY,PA 17065 SALE DATE:12/04/2013 E ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED p 01erved and made known to JERRY L.KINER,Defendant on the 1( day of 5q)-1 1,72 ,at 12 Wclock .M.,at 6 TRINE AVENUE,MOUNT HOLLY,PA 17065,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is . _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX Other: POSTED THE PROPERTY . Description: Age Height Weight Race Sex Other I,f 0C- `-),a competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. �/� DATE: 2013 NAME:s� °r\ r "' ' PR PRINTED ` U1\ r ettt7Q TITLE: i^«s 5pl2 r— NOT SERVED On the day of 20_,at o'clock—M.,I, ,a competent adult hereby state that� endant NOT FOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 n Melissa J.Cantwell,Esq.,Id.No.308912 \ Jf Mario J.Hanyon,Esq.,Id.No.203993 John M.Kolesnik,Esq.,Id.No.308877 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE S RItF j", R 2 7 NI 2: 59 CUMBERLAND COUNTY PENNSYLVANIA A U S Bank, N.A. vs. Jerry L Kiner Case Number 2008 -1510 SHERIFF'S RETURN OF SERVICE 06/27/2013 06:01 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 6 Trine Avenue, Mount Holly Borough, Mount Holly Springs, PA 17065, Cumberland County. 07/16/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Jerry L. Kiner, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 6 Trine Avenue, Mount Holly Springs, PA 17065, property is vacant, did not leave a forwarding at post office. 08/19/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 12/04/2013 Ronny R Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of U.S. Bank, National Association, As Trustee for J.P. Morgan Mortgage Acquistion Corporation Trust 2006 -NC2, Asset Backed Pass - Through Certificates, Series 2006 -NC2, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $859.62 SO ANSWERS, February 18, 2014 RONN1' R ANDERSON, SHERIFF (c) CountySuite Sheriff, Tcleosoft, Inc. ac$ pd - Co- . / So 14- 'de 0_4qC.03T3 Or 4" -3 ©3 $ l On May 20, 2013 the Sheriff levied upon the (- defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, PA, Known and numbered as, 6 Trine Avenue, Mount Holly, as, Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 20, 2013 By: .cLuKO, t Real Estate Coordinator 00 :01 V 8 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2008 -1510 Civil Term U S BANK, N.A. vs. JERRY L. KINER Atty.: Joseph Schalk By virtue of a Writ of Execution No. 08 -1510 -CIVIL TERM, U.S. BANK NA- TIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN MORTGAGE AC- QUISTION CORPORATION JPMAC 2006 -NC2 v. JERRY L. KINER owner(s) of property situate in the BOROUGH OF MOUNT HOLLY SPRINGS, CUM- BERLAND County, Pennsylvania, be- ing 6 TRINE AVENUE, MOUNT HOLLY, PA 17065. Parcel No. 23 -32- 2336 -391. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $150,156.94. 70 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: July 26, August 2 and August 9, 2013 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. sa Marie Coyne, Ed for SWORN TO AND SUBSCRIBED before me this da of Au ust 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 1900 Patriot 0rive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 O13 Zlie atriotXews Now you know THE PATRIOT IO T NEWS THE SUNDAY PATRIOT NEWS E W S Proof of Publication Under Act No. 587, Approved May 16, 19 29 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow being duly sworn according to law deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 That 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. ' `�— — o _ 2008-1e10 Chrll Term m � U S BANK, NA' vs. JERRY L KINER Atty Joseph Schalk By virtue of a Writ of Execution w No. o8-\no-CnoLTEmw ASSOCIATION, AS TRUSTEE FOR LP. MORGAN MORTGAGE ACQUISMON v. JERRY KIwsu owner(s) m ' situate in the BOROUGH MOUNT HOLLY GCUMBERLAND County, being 6 TRINE AVENUE, MOUNT HOLLY, PA 17065 pmcelwu23-32-233+391 Judgment Amount: or street address) 1n1prIemenis thereon: RESIDEN11 DWELLING S150,156.94 This ad ran on the date(s) shown below: 07/28/13 08/04/13 08/11/13 day of Augus , 2013 A.D. CO ONW [IMOFPENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission E ires Dec. 12, 2016 MEMBER, PENNSYLVANIA OCIAT1ON OF NOTA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which US Bank, N.A. as Trustee for JP Morgan Mortgage Acquisition Corporation Trust 2006 -NC2 Asset Backed Pass - Through Cert Series 2006 -NC2 is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 7th day of May, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1510, at the suit of US Bank, N.A. as Trustee for JP Morgan Mortgage Acquisition Corporation JPMAC 2006 -NC2 against Jerry L. Kiner is duly recorded as Instrument Number 201406191. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018