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HomeMy WebLinkAbout08-1657PHELAN 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 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 173362 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 Plaintiff V. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q$ - 11057 1-1 vi l 1&,wl CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 173362 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 #: 173362 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 #: 173362 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 #: 173362 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The name(s) and last known address(es) of the Defendant(s) are: MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/29/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, AS A NOMINEE FOR TAYLOR, BEAN, & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1945, Page: 3623. 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 11/01/2007 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 #: 173362 6 The following amounts are due on the mortgage: Principal Balance $227,429.80 Interest $6,982.92 10/01/2007 through 03/11/2008 (Per Diem $42.84) Attorney's Fees $1,250.00 Cumulative Late Charges $303.64 03/29/2006 to 03/11/2008 Cost of Suit and Title Search 750.00 Subtotal $236,716.36 Escrow Credit $0.00 Defecit $0.00 Subtotal 0.00 TOTAL $236,716.36 7 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 #: 173362 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 $236,716.36, together with interest from 03/11/2008 at the rate of $42.84 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 By. ?A", , -, w, /902 to V 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 #: 173362 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Sconsett Way, a 50 foot wide street, said point being on the corner of Lowell Lane, a 50 foot wide street; thence along the southern line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, North 77 degrees 50 minutes 05 seconds East, a distance of 142.78 feet to a point, said point being on the western line of said lands; thence along the western line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, South 23 degrees 17 minutes 49 seconds East, a distance of 48.86 feet to a point, said point being the northeastern corner of Lot No. 8; thence along the southern line of said lot, South 58 degrees 44 minutes 52 seconds West, a distance of 102.67 feet to a point, said point being the eastern right-of-way line of Sconsett Way, a 50 foot wide street; thence along said right-of-way line along a curve to the left having a radius of 175.00 feet and an arc length of 71.66 feet, said arc being subtended by a chord of North 42 degrees 58 minutes 59 seconds West, a distance of 71.16 feet to a point, thence continuing along said right-of-way line, North 54 degrees 42 minutes 51 seconds West, a distance of 27.59 feet to a point, the place of BEGINNING. CONTAINING 7,929.10 square feet or 0.1820 acres. BEING Lot No. 7 on the Final Subdivision Plan of Heights of Beacon Hill, Phase I, prepared by Melham Associates, P.C., recorded in the Office of the Recorder of Deeds in and for File #: 173362 Cumberland County, Pennsylvania, in Plan Book 75, Page 3. UNDER AND SUBJECT to a Supplemental Declaration of Covenants and Restrictions dated July 14, 1997 and recorded July 15, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 552, Page 361. BEING the same premises which, PAUL E. MYERS and BARBARA A. MYERS, HIS WIFE by Indenture bearing date April 24, 2003 and recorded in the Office of the Recorder of Deeds, in and for the County of CUMBERLAND Deed Book No. , page etc., granted and conveyed unto RONALD F. STODGELL, in fee. The said Joy A. Stodgell is joining in this conveyance to relinquish any right title and interest to said property. PREMISES: 1441 SCONSETT WAY PARCEL: 13-25-0008-389 File #: 173362 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. Attorney for Plaintiff a lJ DATE: - Id-06 n w c c z:) C3 _ c:s "TI t 77 7th ,,^^ ??? O 0 t^ .=tim 7 c i • -1% CASE NO: 2008-01657 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR BEAN & WHITAKER MORTGAG VS JORDAAN MARLENE ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon --- „a . - -1 -ITT the DEFENDANT , at 2018:00 HOURS, on the 14th day of March , 2008 at 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 by handing to GERT JOHANNES DANIEL JORDAAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 3JI 1/0 Sworn and Subscibed to before me this of So Answers: 18.00 16.32 00 ' - 10.00 R. Thomas Kline .00 44.32 03/17/2008 PHELAN HALLINAN SCHMIEG By: day Dep y Sherif A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01657 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR BEAN & WHITAKER MORTGAG VS JORDAAN MARLENE ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE JORDAAN GRET JOHANNNES DANIEL the DEFENDANT at 2018:00 HOURS, on the 14th day of March , 2008 at 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 was served upon by handing to GERT JOHANNES DANIEL JORDAAN ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 3fc,/Uk L?- , 00 16. 00 Sworn and Subscibed to before me this day of , So Answers: r c f _ R. Thomas Kline 03/17/2008 PHELAN HALLINAN SCHMIEG By: -A? eput er ff A.D. Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendants TAYLOR, BEAN & WHITAKER MORTGAGE COMPANY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1657 CIVIL TERM MARLENE JORDAAN and GERT JOHANNES DANIEL JORDAAN, : CIVIL ACTION - LAW Husband and Wife, Defendants : MORTGAGE FORECLOSURE DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT COUNT I - FAILURE TO STATE A CAUSE OF ACTION PURSUANT TO PA.R.CIV.P. 1028(a)(4) 1. Plaintiff's complaint fails to state a claim upon which relief may be granted in that Plaintiff has provided no evidence, as required by the Pennsylvania Rules of Civil Procedure, to show that Plaintiff as opposed to Mortgage Electronic Systems, Inc. or any other entity has standing to bring this action. 2. Specifically, Plaintiff avers (without attaching a copy of the mortgage) that Mortgage Electronic Systems, Inc. is the real entity entitled to payments on the mortgage, states that an assignment is "in progress," but does not attach a copy of the assignment or provide any other evidence of the assignment. 3. The complaint as drafted contains inconsistent averments as described above, and therefore fails to state a claim upon which relief may be granted in that there is no evidence that Plaintiff is actually the entity who is entitled to bring a mortgage foreclosure action against the Defendants. WHEREFORE, Defendants request this Honorable Court to enter an order dismissing Plaintiffs action, and providing any other relief the Court deems appropriate. COUNT 11- MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.R.CIV.P.1028(a)(3) 4. As noted in the previous Count, Plaintiff essentially states that Mortgage Electronic Systems, Inc. is the mortgagee on the mortgage that is the subject of this action, a copy of which Plaintiff avers it is not required to attach to its complaint. 5. Plaintiff has not attached a copy of an assignment, and avers that one is "in process." 6. The averments in the complaint are internally inconsistent as described in the previous paragraph; as such, Defendants are not able to properly defend themselves with the complaint in its current condition, and Plaintiff should be required to amend the complaint so that it contains the proper degree of specificity. WHEREFORE, Defendants request this Honorable Court to enter an order requiring Plaintiff to amend its complaint so that it contains the proper degree of specificity in accordance with the Pennsylvania Rules of Civil Procedure and, upon Plaintiffs failure to do so, dismissing this action; Defendants also request this Honorable Court to provide any other relief the Court deems appropriate. COUNT 111- MOTION TO STRIKE FOR LACK OF CONFORMITY TO LAW OR RULE OF COURT PURSUANT TO PA.R.CIV.P. 1028(a)(2) 7. Plaintiff avers that the notice pursuant to Act 93 was sent to Defendants, and that no Act 6 notice needed to be sent in that the original balance on the mortgage was over $50,000.00. 8. Pennsylvania case law requires that a copy of any pre-foreclosure notices to the Defendants (in this instance, limited to Act 93) must be attached to the foreclosure complaint. 9. Plaintiff has failed to attach the Act 93 notice; therefore, Plaintiffs complaint lacks conformity to law or rule of court, and should be stricken. WHEREFORE, Defendants request this Honorable Court to enter an order striking Plaintiffs complaint for the reasons set forth in this Count, and to provide any other relief the Court deems appropriate. D e p?nthony T. M eth, Esq.- Attorney for a ndants 407 North Fr St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. 53729 TAYLOR, BEAN & WHITAKER IN THE COURT OF COMMON PLEAS OF MORTGAGE COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 08-1657 CIVIL TERM MARLENE JORDAAN and GERT JOHANNES DANIEL JORDAAN, : CIVIL ACTION - LAW Husband and Wife, Defendants MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendants, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: ?o ?,g Da e Francis S. Hallinan, Esquire Phelan Hallinan & Schmieg, LLP Attorneys for Plaintiff One Penn Center Plaza, #1400 Philadelphia, PA 19103 Anthony T. Mc K, Esq. Attorney for D fen ants 407 North Fro t S , First Floor Harrisburg, PA 101 (717) 238-3686 Supreme Court I.D. # 53729 r-a r_aa ? T-7 t 1 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 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 173362 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 Plaintiff V. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08-1657-CIVIL TERM CUMBERLAND COUNTY CIVIL ACTION - LAW AMENDED COMPLAINT IN MORTGAGE FORECLOSURE File #: 173362 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 #: 173362 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 #: 173362 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 #: 173362 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The names and last known address of the Defendants are: MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 who are the mortgagors and/or real owners of the property hereinafter described. 3. On 03/29/2006 mortgagors made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, AS A NOMINEE FOR TAYLOR, BEAN, & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1945, Page: 3623. A true and correct copy of the Mortgage is attached hereto, incorporated herein and marked as Exhibit "A". PLAINTIFF is now the legal owner of the mortgage, by Assignment of Mortgage dated March 20, 2008, the Mortgage was assigned to the Plaintiff, which Assignment has been sent for recording. A true and correct copy of the executed Assignment is attached hereto, incorporated herein and marked as Exhibit "B". 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2007 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 #: 173362 6 The following amounts are due on the mortgage: Principal Balance $227,429.80 Interest $6,982.92 10/01/2007 through 03/11/2008 (Per Diem $42.84) Attorney's Fees $1,250.00 Cumulative Late Charges $303.64 03/29/2006 to 03/11/2008 Cost of Suit and Title Search $750.00 Subtotal $236,716.36 Escrow Credit $0.00 Defecit $0.00 Subtotal $0.00 TOTAL $236,716.36 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 Sheriff s 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 Defendants in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants 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 #: 173362 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 Defendants on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants 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. A true and correct copy of the Notice is attached hereto, incorporated herein and marked as Exhibit "C". 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 $236,716.36, together with interest from 03/11/2008 at the rate of $42.84 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 By: 4", S - a-,-, 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 #: 173362 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Sconsett Way, a 50 foot wide street, said point being on the corner of Lowell Lane, a 50 foot wide street; thence along the southern line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, North 77 degrees 50 minutes 05 seconds East, a distance of 142.78 feet to a point, said point being on the western line of said lands; thence along the western line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, South 23 degrees 17 minutes 49 seconds East, a distance of 48.86 feet to a point, said point being the northeastern corner of Lot No. 8; thence along the southern line of said lot, South 58 degrees 44 minutes 52 seconds West, a distance of 102.67 feet to a point, said point being the eastern right-of-way line of Sconsett Way, a 50 foot wide street; thence along said right-of-way line along a curve to the left having a radius of 175.00 feet and an arc length of 71.66 feet, said are being subtended by a chord of North 42 degrees 58 minutes 59 seconds West, a distance of 71.16 feet to a point, thence continuing along said right-of-way line, North 54 degrees 42 minutes 51 seconds West, a distance of 27.59 feet to a point, the place of BEGINNING. CONTAINING 7,929.10 square feet or 0.1820 acres. BEING Lot No. 7 on the Final Subdivision Plan of Heights of Beacon Hill, Phase I, prepared by Melham Associates, P.C., recorded in the Office of the Recorder of Deeds in and for File #: 173362 Cumberland County, Pennsylvania, in Plan Book 75, Page 3. UNDER AND SUBJECT to a Supplemental Declaration of Covenants and Restrictions dated July 14, 1997 and recorded July 15, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 552, Page 361. BEING the same premises which, PAUL E. MYERS and BARBARA A. MYERS, HIS WIFE by Indenture bearing date April 24, 2003 and recorded in the Office of the Recorder of Deeds, in and for the County of CUMBERLAND Deed Book No. , page etc., granted and conveyed unto RONALD F. STODGELL, in fee. The said Joy A. Stodgell is joining in this conveyance to relinquish any right title and interest to said property. PREMISES: 1441 SCONSETT WAY PARCEL: 13-25-0008-389 File #: 173362 EXHIBIT A ? LA f oR ?? f JF ; E' )S 2005.9PR 9 PM 2 03 [Space Above Tads Line For Recording Data] MORTGAGE MIN: 100029500010349673 DEFINITIONS Words used in multiple sections of this document are 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 this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 29, 2006 together with all Riders to this document. (B) 'Borrower's is GERT JOHANNES DANIEL JORDAAN and MARLENE JORDAAN Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, inc. MERS is a separate corporation th:!+ acting solely as a nominee for Lender and Lender's successors and assigns. MERE is the mortgagee U this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an a:' and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) " Lenders' is Taylor, Bean & Whitaker Mortgage Corp. Lender is a organized and existing an the laws of FL . Lender's add 1417 North Magnolia Ave, Ocala, FL 34475 (E) "Note" means the promissory note signed by Borrower and dated March 29, 2006 . The Nor: states that Borrower owes Lender Two Hundred Thirty One Thousand One Hundred and no1100 Dollars (U.S. S 231,100.00 plus interest. Borrower has promised to pay this debt in regular periodic Payments and to pay the debt ir, k 1.: not later than April 01, 2036 (F) "Property" means the property that is described below under the heading 'Transfer of Rights in the Property.- (G) "Load" 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. PENNSYLVANIA-Single Family-Fannle Mae/Fteddle Mae UNIFORM INSTRUMENT Form 3039 U01 GREATLM rrsMrnWLI(001I)-Mena (Pagel oj/6gages) 7uoroxau:1-000330-93930Fil est4Tel-1,31 111111 Hill IN 111111111111 oil 1111111111111111111111111111 IN 11111 •024ON1034987• 6K 1945PG3623 (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: 0 Adjustable Rate Rider Q Condominium Rider Q Second Home Rider Q Balloon Rider Q Planned Unit Development Rider Q Other(s) [specify] O 1-4 Family Rider Q Biweekly Payment Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electroaie Funds Transfer'' means any transfer of funds, other than a transaction originated by check, draft, or sitnilar 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 deba credit an account Such term includes, but is not limited to, point-of-sale transfers, automated teller max transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Mlseeilaneous Proceeds" means any compensation, settlement, award of damages, or proceeds z, ra by any third party (other than insurance proceeds paid under the coverages described in Section 5) t- damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Pn; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value ww-cn condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 CAR. 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 PENNSYLVANIA--Single Family-Fannie MarJFreddle Mae UNIFORM INSTRUMENT Form 3039 IMI OnEATLAND s ITEM T27601.2 (001 t)--ttEnn (Page 1 of 16 (.mgrs) To Or4w all: 1 aoo-930-WI S o rac 616.791-1131 aK i g45PG3624 "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender_ (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the Count 1Type of Recording risdletton] of Cumberland [Name of Recording Jurisdiction] See Attached Exhibit A. which currently has the address of 1441 SCONSETT WAY [street] New Cumberland Pennsylvania 17070 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easemesio appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall ,!v.,? be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. PENNSYLVANIA--Single Family-Fannie MadFreddle Mac UMFORM INSTRUMENT Form ;W39 1/01 REM 7274013 (oe1 t}-"eaa (Page 3 of 16 peg") to Oraor W; 1-400-530-2163 Oru eieni911101 DUKI945PG362S BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unifonu security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items) Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lander when received at the location designated in the Note < such other location as may be designated by Lender in accordance with the notice provisions in Sectic, Lender may return any payment or partial payment if the payment or partial payments are insuffici-,. bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the 3 current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or µor payments in the 1titure, but Lender is not obligated to apply such payments at the time such payments accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay inter-1 on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the I current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such d!.: or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding prim.;: r balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have nu,A, 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 ,t,:.• under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shwi applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall applied first to hue charges, second to any other amounts due under this Security Instrument. and then reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more PENNSYLVANIA--Single Family-Faunte Mae/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01 OREATLAND 0 ITEM T2769L4 (991 t)-eW.R4 (Page 6 of 16 pages) 70 order Or: 14800 630_93g3 o F=416-791-11 3, HK 1 945PG3626 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 None. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due fore (a) taxes and assessments and other items which can attain priority over this Security Instrument as at lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Ram', for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or itll Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrovre,. shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment tai Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing suctr payment within such time period as Lender may require. Borrower's obligation to snake such payments ana to provide receipts shall for all purposes be deemed to be a covenant and agreemert contained in Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligat, pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Est Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any c:r. Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocat Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3- Lender may, at any time, tolled and hold Funds in an amount (a) sufficient to permit Lender to ar: the Funds at the time specified under. RESPA, and (b) not to exceed the maximum amount a lender . require under RESPA. Lender shall estimate the amount of Funds due on the basis of current datit reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applica.:y! Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, of entity (including Lender, if Lender is an institution whose deposits are so insured) er no any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the sir specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annt^ - I' analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest ore Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writiio; Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to PENNSYLVANIA-Singlo Homily-Fannle MadFreddle Mae UNIFORM INSTRUMENT Form 3639 Irol t3REATLMdD e n mTwo"tooti}-e0ena fPage3ofl6pjf-) T9 Od.,0-11:1-41$0-630-11303 0 rva$10-101-1131 Ou I a1.r,- or_gr, 77 Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund +c. Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rants on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. Tie 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 unles 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 list in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating tt; lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien whi • t can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lieu Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or rnoxz, 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 repo,,: service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter ere:.:; the Property insured against loss by fire, hazards included within the term "extended coverage:" aiw other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance: insurance shall be maintained in the amounts (including deductible levels) and for the periods that i . requires. What Lender requires pursuant to the preceding sentences can change during the term of the I_._. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's rigla, disapprove Borrower's choice, which right shall not be exemiscd unreasonably. Lender may re ; c Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detenninal certification and tracking services; or (b) a one-time charge for flood zone determination and certific..i services and subsequent charges each time remappings or similar changes occur which reasonably rnig: affect such determination or certification. Borrower shall also be responsible for the payment of any fCte"> imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insw coverage, at Lender's option and Borrower's expense. Lender is under-no obligation to purchase particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or migh. protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, h" - or liability and might provide greater or lesser coverage than was previously in effect. Borrow acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost nt insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 sh:a0 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 Lende, to Borrower requesting payment. PENNSYLVANIA-Single Family-Faun a J'Iae/Freddre Mae UNIFORM INSTRUMENT Form 3039 U01 D REM 72r00Le (0011 )?.lERa (Page G Of 16 /wger) To oa.ran: t-eoo-swtxiss o F?,?: etOREA7Leaw-MIiti3at SK ! 945PG3628 All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progre, payments as the work is completed. Unless an agreement is made in writing or Applicable Law require interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest <.. earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied .i, the sums secured by this Security Instrument, whether or not then due, with the excess, if any, pa 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 and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insi .r carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day penoo begin when the notice is given. In either event, or if Lender acquires the Property under Section :. otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amv. not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrobv rights (other than the right to any refund of unearned premiums paid by Borrower) under all incur, policies covering the Property, insofar as such rights are applicable to the coverage of the Property. L may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid undt Note or this Security Instrument, whether or not then due. 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 Pi,- Property as Borrowers principal residence for at least one year after the date of occupancy, unless L:•.r otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extewr circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection oC the Property, Inspections. Borrower sha? destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Prop.- Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevcna 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 Prope-= if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing ca restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is rENNSYLVAMA--Single Family-Faaale Mae/Freddte Mac UNIFORM INSTRUMENT Form 3039 1/01 OREATLANO ¦ MEM TzreoLr (0011 r--elene (Page 7 of 16 pages) Te oidv ar: t-Goo-wo-ww o Fe. ale-791.1131 8K 1945QG362% 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 snake 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 applicatacr 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 representation., include, but are not limited to, representations concerning Borrower's occupancy of the Property fl> Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument, If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under thi-, Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, enforcement of a lien which may attain priority over this Security Instrument or to enforce laws regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatevri reasonable or appropriate to protect Lender's interest in the Property and rights under this Sec:.: Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing t.= Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien w1r; has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' f, protect its interest in the Property and/or rights under this Security Instrument, including its secured tx in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Prol• make repairs, change locks, replace or board up doors and windows, drain water from pipes, efl o building or other code violations or dangerous conditions, and, have utilities turned on or off. Al Lender may take action under this Section 9, Lender does not have to do so and is not under any sit,+; obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authc: s under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Bora secured by this Security Instrument. These amounts shalt bear interest at the Note rate from the d , disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requtr. payment. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the leap If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lcx,!- agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the ! Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any r, , the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insure: previously provided such insurance and Borrower was required to make separately designated payw toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coveraE,r substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent '< the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insure selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower sha continue to pay to Lender the amount of the separately designated payments that were due when they insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a nur refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 7101 (TEM rraau a (oov t)- MFW (Page B of 16 page of io ONr nt: t -BOPa70-9393 o Fl-:616-791-113i 1 945PG3630 nu ork notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such lass 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 c: f making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to paw interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it tray incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance- Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may. enter into agreements with other parties that share or modify their risk, or reduce losses. These agmcme,vr are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) tr these agreements. These agreements may require the mortgage insurer to make payments using any source funds that the mOttgage insurer may have available (which may include funds obtained from Mortga:; Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any coinsurer, s:r , other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that dr i from (or might be characterized as) a portion of Borrower's payments for Mortgage insurance, in exec: for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides tl; affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid 2. insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the atnuoN Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-If any-with respect tc, Mortgage Insurance under the homeowners Protection Act of 1998 or any other law. These rights Include the right to receive certain disclosures, to request and obtain cancellation of the Morty,: Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of a4 Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are he-4- assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair Property, if the restoration or repair is economically feasible and Lender's security is not lessened. D+ such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lew ,ti satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs ,v, restoration in a single disbursement or in a series of progress payments as the worts is completed. Unless :n- agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceecr Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If ih restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellane©•.,t Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with tltc PENNSYLVANIA-Single Family-Fannie Mae,/Fteddle Mac UNIFORM INSTRUMENT Form 3039 L01 awrwnrw0 a REM T278OLa (0011)--rlerw (Page 9 of 16 pagers) To order nt11: 1400-520-9393 0 Fec GIG-791-1131 RV i g45PG363 1 excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by it following fraction: (a) the total amount of the sums secured immediately before the partial takinw 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 mark.,, value of the Property immediately before the partial taking, destruction, or loss in value is less than tl, amount of the sums secured immediately before the partial taking, destruction, or loss in value, unit-s: Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the stir secured by this Security Instrument whether or not the stuns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposmr , Patty (as def-med in the next sentence) offers to make an award to settle a claim for damages, Borrower fai to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured b_, Security Instrument, whether or not then due. "Opposing Party" means the third patty that owes Bor Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscell:.lr Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun Uttt+ Lender's judgment, could result in forfeiture of the Property or other material impairment of Lend.:- interest in the Property or rights under this Security Instrument. Borrower can cure such a default ay.- acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other tnai• impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds o+ award or claim for damages that are attributable to the impairment of Lender's interest in the Property .. s hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be app! in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the tier payment or modification of amortization of the sums secured by this Security Instrument granted by 1, to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrov any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortizatic,a of the sums secured by this Security Instrument by reason of any demand made by the original Borrower •,,r any Successor: in Interest of Borrower. Any forbearance by Lender in exercising any right or remeci including, without limitation, Lender's acceptance of payments from third persons, entities or Successors ,,i Interest of Borrower or in amounts less than the amount then due, shall not he a waiver of or preclude th, exercise of any right or remedy. PENNSYLVANIA..:-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fond 3039 1/01 cREATLANO ¦ REM T278OLIO (00+1 }- IERC (Page 10 of 16 pages) Ta oroer W' t-800-5!0-9!0.7 o ftX 61G791-1131 aKtg45PG3632 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower' obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all « f Borrower's rights and benefits under this Security Instrument. Borrower shall not be released frous Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release ito 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 Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under hr. Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees regard to any other fees, the absence of express authority in this Security Instrument to charge a specific s: to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge 'f.f that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan Is subject to a law which sets maximum loan charges, and that law is finally interpret.: -4 that the interest or other loan charges collected or to be collected in connection with the Loan excee-' permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to redu, charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded per,r limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reductiut, be treated as a ptu'tial prepayment without any prepayment charge (whether or not a prepayment charvy provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Boa 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 InsLm, must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deetn-- have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's nor address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unit Applicable Law expressly requires otherwise. The notice address shall be the Property Address unl+, ; Borrower has designated a substitute notice address by notice to Lender. Borrower shall prompyy 3, _ , . Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's chat, address, then Borrower shall only report a change of address through that specified procedure. There only one designated notice address under this Security Instrument at any one time. Any notice to Lender be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lc::? .: has designated another address by notice to Borrower. Any notice in connection with this Security Instrum er shall not be deemed to have been given to Lender until actually received by Lender. If any notice requires) h v this Security Instrument is also required under Applicable Law, the Applicable Law requirement will sat3>?, the corresponding requirement under this Security Instrument. 16. Governing Law; Severabllfty; Rules or Construction. This Security Instrument shall governed by -federal law and the law of the jurisdiction in which the Property is located. An tights and obligations contained in this Security Instrument arc subject to any requirements and limitations of PENNSYLVANIA-Singic Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form _1039 LOl M T27COLI1 (0011) -?GRS (Page 11 ojl6 pagee) T. Old., C.4; 1-800-530-9393 0 G is m le ITE 131 BK 1 945PG3633 Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section lit. "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract {_:; 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 not a natural person and a beneficial interest in Borrower is sold or transferred) without Lendei s - written consent. Lender may require immediate payment in full of all sums secured by this See o---. Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited ' Applicable Law. If Lander exercises this option, Lender shall give Borrower notice of acceleration. The notice s.i i provide a period of not less than 30 days from the date the notice is given in accordance with Sectict within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay stuns prior to the expiration of this period, Lender may invoke any remedies permitted by this Sc. Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain Bond, r+ Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time ,a to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained ii, -.? Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borro-. right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Ncr .. if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pay,, expenses incurred in enforcing this Security Instrument, including. but not limited to, reasonable attotneys fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender' interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender ?•i., reasonably require to assure that Lender's interest in the Property and rights under this Security Instru-, and Borrower's obligation to pay the stuns secured by this Security Instrument, shall continue unch:ra - Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the fol& forms, as selected by Lender; (a) cash; (b) money order; (c) terrified check, bank check, treasurer's the . r cashier's check, provided any such check is drawn upon an institution whose deposits are insured b. federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrowe+ this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration l h,: occurred. However. this right to reinstate shall not apply in the case of acceleration under Section IS. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interesr , the Note (together with this Security Instrument) can be sold one or more times without prior notice .. 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 PENNSYLVANIA-Single Fatuity-Fanote MaelFreddte Mac UNIFORM INSTRUMENT Form 3039 V61 0"EATLANO . REM T270OLI2 (001 i) -MaRa (Pvge 12 of 16 pages) To Order Colt 1+00-WO.9990 a roc old-791-1131 RIC t 945PG3634 obligations under the Note, this Security Instrument, and Applicable Law. There also [night be one or more changes of the Loan Serviccr unrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Savicer 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 number of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or Lander 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 lit- reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given t13 Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 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 thee, 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 alai herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive ntatca; a (b) `'Environmental Law" means federal laws and laws of the jurisdiction where the Property is locate-? relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any resit action, remedial action, or removal action, as deemed in Environmental Law; and (d) an "Enviromne. Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanut, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardc :,.. , Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not V nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environnie Law, (b) which creates an Environmental Condition, or (c) which, due to the preseacc, use, or release 4 Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardoo. Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, laws-;'' or other action by any governmental or regulatory agency or private party involving the Property any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or thr ., release of any Hazardous Substance, and (c) any condition caused by the presence, use or release o§ Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified r. any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA-Single Family-Faaale Mae/Freddle Mae UNIFORM INSTRUMENT Form 3039 V01 GIREATLAND ¦ rTEM T2700L13(0011}+ ORa (Page l3 aj16r.ge..} To O,dr 6N: 1-006 530-9305 0ftc 616-791.1137 SK 1 945PG3635 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration tender Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-exietence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrumclu and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge an(. satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fre for releasing this Security Instrument, but only if the fee is paid to a third patty for services rendered and thr charging of the fee is permitted under Applicable Lew. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error yr defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any presenr n future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, homestead exemption. 2S. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend v- hour prior to the conunencement of bidding at a sheriffs sale or other sale pursuant to this Sec, Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lew 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 judgmei entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time ,aj the Note. PENNSYLVANIA-Single Family-Faaala MadFreddle Mac UNIFORM INSTRUMENT Form 3039 U01 REM TZ700L14 (0011),-MONO (Page 14 oj16 pages) 100rde r,/: 1200-53043130NY:616-701-1131 BK 1 945PG3636 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it - ?" (Seal) j q d a Cam? -(Seal) MARLS JORDAAN -Borrower GERT ANNES DANIEL JORDAAN -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) Borrower Witness: (Seat -Borrower Witness: PENNSYLVANIA-Single Family-Faaate Maafflveddle Mae UNIFORM INSTRUMENT Form 30" U01 GIgeATUVdD ¦ rTEM 7770OLIG (cot 1) -U);RS (Page 15 0j16 (rages) T. o?dw off: r-roo-s7o-0323 Cl F- e18-791-1131 BKI945PG3637 State of P 11 County of `L Lc M b Cr 1 C` n f'` On this the ;j I) L-f) day of E , before me, P-1,-) 0°-r j L)- J), yM ne-l.) the undersigned officer, personally appeared ??1Glf) Ll)L 7l?'f'ClCt4c? Cillt?.- C tr?t,.- V Cam' 10.J711CS rd 14 a) 7 known to me (or satisfactorily proved) to be the person(s) whose narne(s) p1 n- subscribed to the within instrument and acknowledged that 1) i t? executed the same for the purposes therein contained. J IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL MILDRED M. O'DONNELL, Notary Public City of Harrisburg, Dauphin Co., PA My Commission Expires Aug. 26, 2006 My conunission expires: After Recording Return To: COMMUNITY LAND TRANSFER 2331 MARKET STREET CAMP HILL , PA 17011 CERTIFICATE OF RESIDENCE I, O tr - R C F?G? i? do hereby certify that the correct address of the within named lender is 1417 North Magnolia Ave, Ocala. FL 34475 Witness my hand this 2.1q day of -15,,A- .? I ---- P. i> 1<7 Agent of Lender PENNSYLVANIA-Single Fancily-Faonle Mae/Freddle Use UNIFORM INSTRUMENT Form 3839 1101 OREATLMD ¦ ITEM T27SOLI0 (0011)-..MEr1a (Page 16 of 16 pages) T. area Ca: 1400-630-9392 o car. 61&7o(-1131 SK ? 945PG3638 ALL THAT CERTAIN tract or parcel of land being situate in Lc, Township, Cumberland County, Pennsylvania; more particularly be described as follows, to wit: BEGINNING at a point on the eastern rightrof-way line of Sconsec. 50 foot wide street, said point being on he corner of Lowell L, foot wide street; thence along the southern line of land,: formerly of Future Phase 4 of the Hei hts of Beacon Hill, degrees 50 minutes 05 seconds East, a di tance 142.78 feet to said point being on the western line of, said lands; thence a.: western line of lands now or formerly of! Future Phase 4 of the of Beacon Hill, South 23 degrees 17 minutes 49 seconds East, a .of 48.86 feet to a point, said point be ng the northeastern Lot No. 8; thence along the southern lin of said lot, South s. 44 minutes S2 seconds West, a distance o 102.67 feet to a pc. point being the eastern right-of-way li a of Sconsett Way, wide street; thence along said right-of-hNay line along a cure. left having a radius of 175.00 feet and' an arc length of 71.6, said arc being subtended by a chord of orth 42 degrees 58 miri• seconds West, a distance of 71.16 feet to a point, thence cc-s•- along said right-of-way lire, North 54 jdegrees 42 minutes 51 West, a distance of 27.59 feet to ?. point; the place of BEGINNING. BEING Lot No. 7 on the Final Subdivision Plan of Heights of Beacon,f Phase I, prepared by Melham Associates, .C., recorded.,in the Office} the Recorder of Deeds in and for Cumbetland County, Penneylvar:i Plan Book 75, Page 3. UNDER AND SUBJECT to a Supplemental iDeclaration of Covenants 'A-A Restrictions dated July 14, 1997 and 4ecorded duly 15, 1997 in r,.: office of the Recorder of Deeds in and for Cumberland C(,)A.,° Pennsylvania, in Miscellaneous Book 552, Page 361. -. f Reccrder of L),?e-,_ J.945FG3f 39 0H Vf% 4 PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center, at Suburban Station 1617 John F. Kennedy Boulevard, Ste. 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax: 215-563-5534 Amy.mullen@fedphe.com Amy Mullen Representing Lenders in Pennsylvania and New Jersey April 1, 2008 Office of the Recorder Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Re: Assignment of Mortgage from MERS Inc to Taylor Bean and Whitaker Our File: Marlene .Iordaan Account No: 1034957 Gentlemen: Enclosed please find the above referenced Assignment of Mortgage and our check in the amount of $30.50, representing the recording fee for the same. Please record this assignment and notify the undersigned of the recording dates. We are also enclosing a self-addressed stamped envelope for your convenience for the original recorded assignment, once it comes off record. If there are any discrepancies or problems with recording this document, and there is an opportunity to resolve these issues without returning the document, I would greatly appreciate you contacting my supervisor Ryan Galvin at 215-320-0007, ext. 1344 to try and resolve any issue. Thank you for your prompt attention to this matter. AAM Attachments File No.: 1034957 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean and Whitaker Corporation" hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by Taylor, Bean and Whitaker Corporation, "Assignee," the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Marlene Jordaan and Gert J Jordaan to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean and Whitaker Corporation, bearing the date 3/29/06, in the amount of $231,100.00, together with the Note and indebtedness therein mentioned; said Mortgage being recorded on 4/4/06 in the County of Cumberland, Commonwealth ofPennsylvania, in Mortgage Book 1945 Page 3623, MIN: 1000-2950-0010- 3495-73. Being Known as Premises: 1441 Sconsett Way, New Cumberland, PA 17070 Parcel No: 13-25-0008-389 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest. due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its onlyproper use, benefit and behoof forever;' subject, nevertheless, to the equity ofredemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this 20th day of March , 2008. Mortgage Electronic Registration Systems; Inc., as nominee Sealed-and Delivered in the lirewace of us; State of Florida ss. County of Marion B, On this 20th day of March, 2008, before me, the subscriber, personally appeared Erla Caner-Shaw, who acknowledged him/herself to be the Vice President ofMortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean and Whitaker Corporation, and that he/she, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my nd an ral sea " MARIA ANION -TA MIGWSA t ,MY COMMISSION 1 DO 317927 Stamp/Seat: - EXPIRES: BedtmuNa*kU Notary Public: Maria Antone aMignosa ond?y The precise address of the After recording return to: within named Assignee is: PHELAN HALLINAN & SCHMIEG, L.L.P 1417 Noth Magnolia Avenue One Penn Center Ocala, FL 17181 1617 J.F.K. Blvd., Ste.1400 3/20/08 By: Philadelphia, PA 19103-1814 Document Execution or Assignee) 1034957 All that certain property situated in the Township of Lower Allen, in the County of Cumberland, Commonwealth of Pennsylvania, and being described as follows: 13-25-0008-389. Being more fully described in a deed dated March 29, 2006 and recorded April 04, 2006, among the land records of the County and state set forth above, in Deed Volume 273 and Page 4309. Permanent Parcel Number: 13-25-0008-389 First American Order No: 33553863 . , . .. ?.-n?F^•.?,.?-..,,rte =-=r. 'r fi ... _ EXHIBIT C Ta lor, Fit al,, Mort;; 1417 North Magrnol+I Ocala, Florid=a ' Bus. 888-2.< Fax 888-32"'. ' Web: www.taylorbea.n.co?,;. January 05, 2008 Ms MARLENE JORDAAN Mr GERT JORDAAN 1034957 1441 SCONSETT WAY New Cumberland, PA 17070 Act 91 Notice Take Action To Save Your Home From Foreclosure Loan Number: 1034957 Property Address: 1441 SCONSETT WAY Dear Ms MARLENE JORDAAN : This notice is sent to you in an attempt to collect the indebtedness referred to herein ?- information obtained from you will be used for that purpose. If you have previously re( discharge in Bankruptcy, this correspondence is not and should not be construed to be an to collect a debt, but only enforcement of a lien against property. This is an official notice that the mortgage on your home is in default and the lender into foreclose. Specific information about the nature of the default is provided in the attached The Homeowner's Mortgage Assistance Program (HEMAP) may be able to help sav:- home. This notice explains how the program works. To see if HEMAP can help, you must meet with a Consumer Credit Counseling Agency thirty (30) days of the date of this notice. Take this notice with you when you meet Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving y )i County are listed at the end of this notice. If you have any questions, you may cal- t., Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impairs ,_x hearing can call 1-717-780-1869). This notice contains important legal information. If you have any questions, representative, the Consumer Credit Counseling Agency may be able to help explain it. You may also wan! ? 4 contact an attorney in your area. The local bar association may be able to help you find a lawyer. La notification que antecede es de suma importancia y puede afectar el derecho a cunt??r. ,, viviendo en su casa. Si no comprende el contenido de la misma, obtenga una trail,: inmediatamente llamando sin costo alguno a (Pennsylvania Housing Finance Agency) al n; - arriba indicado. Podrias ser elegible para un prestamo a traves del programa "Homeowners Emergency Mortgage Assistance Program", el cual puede salvar su casa perdida del derecho a redimir su hipoteca. Dd[(PA)v2 1 Act 91 - Save Your Home From Foreclosure -Page 2- Statement of Policv. Homeowner's Name(s): MARLENE JORDAAN & GERT JOHANNES DANIEL J Property Address: 1441 SCONSETT WAY New Cumberland, PA 17070 Loan Number: 1034957 Original Lender: Current Lender/Servicer: Taylor, Bean & Whitaker Mortgage Corp. Homeowner's Emergency Mortgage Assistance Program: You may be eligible for financial assistance which can save your home from foreclosure arid help you make future mortgage payments. If you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Ac + 1983 (The "Act"), you may be eligible for Emergency Mortgage Assistance. ¦ If default has been caused by circumstances beyond your control ¦ If a reasonable prospect of being able to pay the mortgage payments, and ¦ If you meet other eligibility requirements established by the Pennsylvania Finance Agency Temporary Stay of Foreclosure: Under the Act, you are entitled to a Temporary Stay of Foreclosure on your mortg?,,... thirty-three (33) days from the date of this notice. During that time you must arrange and a face-to-face meeting with one of the Consumer Credit Counseling Agencies listed at the , this notice. This meeting must occur within the next thirty-three (33) days. If you do n,_ for Emergency Mortgage Assistance, you must bring your mortgage account current. of this notice called "How To Cure Your Mortgage Default" explains how to briri mortgage account current. Consumer Credit Counseling Agencies: If you meet with one of the Consumer Credit Counseling Agencies listed at the end 4.4 notice, the lender may not take action against your for thirty (30) days after the date -Ii meeting. The names, address and telephone numbers of designated Consumer Co-cii+ Counseling Agencies for the County in which the property is located are set forth at the cs:. i . this notice. It is only necessary to schedule one face-to-face meeting. Advise your ie : se; immediately of your intentions. Application For Mortgage Assistance: Your mortgage is in default for the reasons set forth later in this notice (see following pages 1':Jl specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance froin w Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign von, file a completed Homeowner's Emergency Assistance Program application with one designated Consumer Credit Counseling Agencies listed at the end of this notice, Consumer Credit Counseling Agencies have applications for the program and they wil. you in submitting a complete application to the Pennsylvania Housing Finance Agenc application MUST be filed or postmarked within thirty (30) days of your face-to-face Ddl(R1j;Z 1 Act 91 - Save Your Home From Foreclosure -Page 3- You must file your application promptly. If you fail to do so or if you do not follow, tl' other time periods set forth in this notice, foreclosure may proceed against your ho ni immediately and your application for Mortgage Assistance will be denied. Agency Action: Available funds for Emergency Mortgage Assistance are very limited. They will be disbiit ... by the Agency under the eligibility criteria established by the Act. The Pennsylvania fdc .. . Finance Agency has sixty (60) days to make a decision after it receives your application. that time, no foreclosure proceedings will be pursued against you if you have met the ?. i t,, •. requirements set forth above. You will be notified directly by the Pennsylvania Hclj,,6 Finance Agency of its decision on your application. Note: If you are currently protected by the filing of petition in Bankruptcy, the follow= w,,. < . part of this notice is for information purposes only and should not be considered attempt to collect the debt. (If you have filed Bankruptcy you can still apply Emergency Mortgage Assistance) How To Cure Your Mortgage Default - Bring Your Account Current Nature of the Default: The mortgage debt held by the above lender on your property located at 1441 SCOT,, WAY New Cumberland, PA 17070, is seriously in default because: ¦ You have not made monthly mortgage payments for the following months a,,. following amounts are now past due. You are currently due for 11/1/2007 throuL ; $1,832.50 per month. Monthly payments plus late charges accrued: $ 5,649.32 NSF: $15.00 Other: $.00 (Suspense): $.00 Total Amount To Cure Default: $ 5,664.32 How To Cure The Default: You may cure the default within thirty-three (33) days of the date of this notice by payinrs, total amount past due to the lender, which is $5,664.32, plus any mortgage payments and charges which become due during this thirty-three (33) day period. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Taylor, Bean & Whitaker Mortgage Corp. 1417 North Magnolia Avenue Ocala, FL 34475-9078 Attn: Foreclosure Department You can cure any other default by taking the following action within thirty-three (33) days of th<: date of this notice. Ddl(PA)v,' s Act 91 - Save Your Home From Foreclosure -Page 4- If You Do Not Cure The Default: If you do not cure the default within thirty-three (33) days of the date of this notice, the lec° .iL intends to exercise its rights to accelerate the mortgage debt. This means that the c ( o outstanding balance of this debt will be considered due immediately and you may lost: the chance to pay the mortgage in monthly installments. If full payment of the total amount pas+ 1;.r,,. is not made within thirty-three (33) days, the lender also intends to instruct its attorney to :- legal action to foreclose on your mortgage property. If The Mortgage Is Foreclosed Upon: The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the refers your case to its attorney's, but you cure the delinquency before the lender begins proceedings against you, you will still be required to pay the reasonable attorney's fees that actually incurred, up to $50.00. However, if legal proceedings are started against you, '- have have to pay all reasonable attorney's fees actually incurred by the lender even if they $50.00. Any attorney's fees will be added to the amount due to the lender, which nr:, include other reasonable costs. If you cure the default within the thirty-three (33) day you will not be required to pay attorney's fees. Other Lender Remedies: The lender may also sue you personally for the unpaid principal balance and all other sort a. under the mortgage. Right To Cure The Default Prior To Sheriffs Sale: If you have not cured the default within the thirty-three (33) day period and foredo proceedings have begun, you still have the right to cure the default and prevent the sah-, time up to one hour before the Sheriffs sale. You may do so by paying the total amc due, plus any late or other charges due, reasonable attorney's fees and costs connected foreclosure sale and any other costs connected with the Sheriff s sale as specified in wri? the lender and by performing any other requirements under the mortgage. Curing your a'e` in the manner set forth in this notice will restore your mortgage to the same position as i had never defaulted. Earliest Possible Sheriffs Sale Date: It is estimated that the earliest date that such a Sheriffs sale of the mortgage property could held would be approximately six (6) months from the date of this notice. A notice of the a,,•: , date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed cure the default will increase the longer you wait. You may find out at any time exactly whet the required payment or action will be by contacting the lender. How To Contact The Lender: Taylor, Bean & Whitaker Mortgage Corp. 1417 North Magnolia Avenue Ocala, FL 34475-9078 Attn: Foreclosure Department 1-800-530-2602 Ddl(PA)c2 ' Act 91 - Save Your Home From Foreclosure -Page 5- Effect of Sheriffs Sale: You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs sale, a lawsuit t( remove you and your furnishings and other possess ions could be started by the lender at ail time. Assumption of Mortgage: You may or may not (check one) sell or transfer your home to a buyer or transf4: rcc who will assume the mortgage debt, provided that all the outstanding payments, charges .? attorney's fees and cost are paid prior to or at the sale and that the other requirements t mortgage are satisfied. You may also have the right: ¦ To sell the property to obtain money to pay off the mortgage debt or to borrow rt i ^ o + , from another lending institution to pay off this debt. ¦ To have this default cured by any third party acting on your behalf. ¦ To have the Mortgage restored to the same position as if no default had occurred cure the default. (However, you will not have the right to cure your default more three (3) times in any calendar year). ¦ To assert the non-existence of a default in any foreclosure proceeding or any lawsuit instituted under the mortgage documents. ¦ To assert any other defense you believe you may have to such action by the lender ¦ To seek protection under the Federal Bankruptcy Law. A list of Consumer Credit Counseling Agencies serving your County is attached. Sincerely, Default Management Taylor, Bean & Whitaker Mortgage Corp. Mailed by 1 st Class mail and Certified Mail Attachment: Counseling Agencies for your County Ddl(PA)v 9. VERIFICATION FRANCIS S. HALLINAN, hereby states that he is 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R.C.P. 1024(c) and that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ?/ ? Francis S. Hallinan, Esquire Attorney for Plaintiff ?T7 Co M i zs 1 r PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 Taylor, Bean & Whitaker Mortgage : Corporation ; 1417 North Magnolia Avenue Ocala, FL 34475-9078 V. Marlene Jordaan Gert Johannes Daniel Jordaan 1441 Sconsett Way New Cumberland, PA 17070 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County : No. 08-1657-Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Amended Civil Action Complaint in Mortgage Foreclosure was served by regular and certified mail on the following on the date listed below: Anthony Todd McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 DATE: 5.1 0311 a EEC ' to PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1657 MARLENE JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO FILE AN ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MARLENE JORDAAN and GERT JOHANNES DANIEL JORDAAN, 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 Plaintiffs damages as follows: As set forth in Complaint $236,716.36 Interest from 03/12/2008 to 07/29/2008 $5,997.60 TOTAL $242,713.96 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. I Z z DA IEL G. IE SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8 18/02 PR PROTH 173362 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE v. Plaintiff, MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1657 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARLENE JORDAAN is over 18 years of age and resides at, 1441 SCONSETT WAY, NEW CUMBERLAND, PA 17070. (c) that defendant GERT JOHANNES DANIEL JORDAAN is over 18 years of age, and resides at, 1441 SCONSETT WAY, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL SCHMI W , ESQUIRE Attorney for Plaintiff 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 Philadelphia, PA 19103 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE : COURT OF COMMON PLEAS CORPORATION Plaintiff Vs. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAN Defendants : CIVIL DIVISION : CUMBERLAND COUNTY NO. 08-1657 TO: GERT JOHANNES DANIEL JORDAN 1441 SCONSETT WAY NEW CUMBERLAND PA 17070 DATE OF NOTICE: JULY 9, 2008 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 COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Marlene Powers, Legal Assistant cc: Anthony Todd McBeth, Esquire PHELAN HALLINAN & SCHMIEG, LLP 1$y: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schn ieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE : COURT OF COMMON PLEAS CORPORATION Plaintiff Vs. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAN Defendants CIVIL DIVISION CUMBERLAND COUNTY :NO. 08-1657 TO: MARLENE JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 DATE OF NOTICE: JULY 9, 2008 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 COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Marlene Powers, Legal Assistant cc: Anthony Todd McBeth, Esquire C7 r-a r ,C ? ri- t?? 'D i Ca 2-1 ? Q (?? T 3? ?- ? is 7 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION CUMBERLAND COUNTY 1417 NORTH MAGNOLIA AVE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 08-1657 MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Age. IS;. 200 By: If you have any questions concerning this matter, please contact: D NIEL G. MI , ESQUIRE Attorney for Plaintiff/ ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. No. 08-1657 MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $242,713.96 Interest from 7/30/08 TO 3/4/09 $8,698.20 and Costs (per diem -$39.90) TOTAL $251,412.16 DANIEL G. S IEG, ESQUIRE One Penn Center at Suburban Station E 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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. 173362 O? W az cia a ?, 0 azz O P W H °z 00 ro ?O V F z? "v 70 m 91 0 O a o?a a O W o~ F W "d raa a w 00 Nn 00 nti dd as .. n UV Wz z dd 3E ww 00 ?Qw r, r, v ?r do ' r T,+ M V1 M a ° q C -,O PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1657 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ta i r, M c-n TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, v. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1657 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1441 SCONSETT WAY, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARLENE JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS as nominee for GMAC Mortgage LLC, P.O. Bog 2026 D/b/a Ditech.com Flint, MI 48501-2026 MERS as nominee for GMAC Mortgage LLC, 3200 Park Center Drive, Suite 150 D/b/a Ditech.com Costa Mesa, CA 92626 MERS as nominee for GMAC Mortgage LLC, 3300 S.W. 34th Avenue, Suite 101 D/b/a Ditech.com Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Anthony Todd McBeth, Esquire 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 407 North Front Street Harrisburg, PA 17110 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. Sec. 4904 relating to u'nsw"IEG, orn falsification t es. October 23, 2008 DATE ESQUIRE Attorney for Plaintiff TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. A ARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). CUMBERLAND COUNTY No. 08-1657 October 23, 2008 TO: MARLENE JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 GERT JOE[ANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYBVFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THISISNOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAMST PROPERTY. ** Your house (real estate) at. 1441 SCONSETT WAY. NEW CUMBERLAND,PA 17070, is scheduled to be sold at the Sheriffs Sale on MARCH 4.2409 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $242.713,96 obtained by TAYLOR. BEAN & MUTAKER W&TGAGE CORPORATION (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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: (2151563-7000. 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 Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tractor parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Sconsett Way, a 50 foot wide street, said point being on the corner of Lowell Lane, a 50 foot wide street; thence along the southern line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, North 77 degrees 50 minutes 05 seconds East, a distance of 142.78 feet to a point, said point being on the western line of said lands; thence along the western line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, South 23 degrees 17 minutes 49 seconds East, a distance of 48.86 feet to a point, said point being the northeastern comer of Lot No. 8; thence along the southern line of said lot, South 58 degrees 44 minutes 52 seconds West, a distance of 102.67 feet to a point, said point being the eastern right-of-way line of Sconsett Way, a 50 foot wide street; thence along said right-of-way line along a curve to the left having a radius of 175.00 feet and an arc length of 71.66 feet, said arc being subtended by a chord of North 42 degrees 58 minutes 59 seconds West, a distance of 71.16 feet to a point, thence continuing along said right-of-way line, North 54 degrees 42 minutes 51 seconds West, a distance of 27.59 feet to a point, the place of BEGINNING. CONTAINING 7,929.10 square feet or 0.1820 acres. TITLE TO SAID PREMISES IS VESTED IN Marlene Jordaan and Gert Johannes Daniel Jordaan, w/h, by Deed from Ronald F. Stodgell and Joy A. Stodgell, h/w, dated 03/29/2006, recorded 04/04/2006, in Deed Book 273, page 4309. PREMISES BEING: 1441 SCONSETT WAY, NEW CUMBERLAND, PA 17070 PARCEL NO. 13-25-0008-389 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1657 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff (s) From MARLENE JORDAAN and GERT JOHANNES DANIEL JORDAAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $242,713.96 L.L. $.50 Interest from 7/30/08 to 3/04/09 (per diem - $39.90) -- $8,698.21 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $179.32 Other Costs Plaintiff Paid Date: 10/27/08 1 4' - Prothonota (Seal) By; Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION No. 08-1657 DEFENDANT(S) MARLENE JORDAAN ACCT. #173362 GERT JOHANNES DANIEL JORDAAN Type of Action SERVE MARLENE JORDAAN AT: - Notice of Sheriffs Sale 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Sale Date: MARCH 4, 2009 SERVED Served and made known to /?tAyt1.F-?>` ?QQ OA4W Defendant, on the day of c&4A E 2008 at 7:22 , o'clock -p-m., at 1-133 VV M4,74 F.R 8 y/1 N Dow e E N EA" Cum 9 XL- jw p 1# Commonwealth of Pennsylvania, in the manner described below: of D&*Aw, , 2002. r? No By: PLEASE A MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SE THEODORE J. HARRIS SERVICE ATTEMPTED. NOTARY PUBLIC NOT SERVED OntheSTATE O?FaNE JERSEY MY C019IMiS51DN? 200_, at o'clock _.m., Defendant NOT FOUND because: P Y• Other: Description: Age AQS Height _51 Weight 1 ?S Race W Sex Other 0 Lt-- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. 5.4-. Is V/ "W_r, TNvE-6nW(6N bI1cL0-A0 T"r DFf-"MOT Sworn to and subscribed OU000Ti-Y itSt 66S a 173-3 WEA7-462I3vQt4 bP4vv7 before me this l N ei?twt8jckt.MOn?t} _? daY L Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s c-- Moved Unknovm No Answer 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of -,200- Notary: Vacant 2°d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 7? ?v r r r 7 t tj { t AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION No. 08-1657 DEFENDANT(S) MARLENE JORDAAN ACCT. #173362 GERT JOHANNES DANIEL JORDAAN Type of Action SERVE GERT JOHANNES DANIEL JORDAAN AT: - Notice of Sheriff's Sale 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Sale Date: MARCH 4, 2009 /1 SERVED Served and made known toQoT 10404&ES 4M, Et -TVAPW, Defendant, on the 04h day of 13£ ,200-gat • 00 , o'clock g.m., at a lot' ('Ew Awu DAt v £ , 4P7- 103 , (14m P t} i 1.L -r , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 401 Height Weight 150 Race Sex M Other I, 7?0N" M 0 LL_. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and convect copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. -A S.l._ IS V4-o rri - :[N v&5f16q,,6t4 DISU.os€p -r" r DFPErvo wT Sworn to and subscribed CN (M "Tla/ af-C to" Q 2101 C E049 RUw b0.1 ? r A-T 10 7 before me this 174 day p t ?'Tn e ??1 ??-• oflEgAtb 6? , 200 , / (b 4 n /1 Notary: otary: ? By: C L a,?? ,f/?(\/ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMS. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED W(&MMISSION gyhpS 10/2512012 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 -33 ? _t Xf ? CIA, ?ti PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County MARLENE JORDAAN No. 08-1657-CIVIL TERM GERT JOHANNES DANIEL JORDAAN Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, 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 13, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A,9 2. Judgment was entered on August 12, 2008 in the amount of $242,713.96. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. 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 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. 4. The Property is listed for Sheriffs Sale on March 4, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $227,429.80 Interest Through March 4, 2009 $22,279.17 Per Diem $42.84 Late Charges $1,214.56 Legal fees $1,725.00 Cost of Suit and Title $1,086.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $15.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,966.26 TOTAL $256,716.29 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. 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 Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. 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 February 7, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Z/7 Id S By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff V. Civil Division CUMBERLAND County MARLENE JORDAAN No. 08-1657-CIVIL TERM GERT JOHANNES DANIEL JORDAAN Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MARLENE JORDAAN and GERT JOHANNES DANIEL JORDAAN 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 1441 SCONSETT WAY, NEW CUMBERLAND, PA 17070. The Mortgage indicates that in the event 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, Defendants 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. 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 Defendants credit for monthly payments tendered through bankruptcy, if any. H. 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 Company v. Bums, 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 mortgagors have 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 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 Defendants 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 Sheriff s 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. VI. ATTORNEY'S 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). Recently, 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). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. 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. DATE: ,2 .7 /,o I- BY: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 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 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) 563-70M 173362 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 V. Plaintiff MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN 1441. SCONSETT WAY NEW CUMBERLAND, PA 17070 Defendants t^;? o Co o m? a z z?.. Es o ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - ! (v67 ci v! ! Teri, CUMBERLAND COUNTY ATTORNEY PILE LOPY PLEASE RETURN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ereIo`48 06 o e ?a ,off 40c?`, . . File #: 173362 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 #: 173362 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 #. 173362 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 #: 173362 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The name(s) and last known address(es) of the Defendant(s) are: MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/29/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, AS A NOMINEE FOR TAYLOR, BEAN, & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1945, Page: 3623. 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(8); 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 11/01/2007 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 #: 173362 6. The following amounts are due on the mortgage: Principal Balance $227,429.80 Interest $6,982.92 10/01/2007 through 03/11/2008 (Per Diem $42.84) Attorney's Fees $1,250.00 Cumulative Late Charges $303.64 . 03/29/2006 to 03/ 11 /2008 Cost of Suit and Title Search 750.00 Subtotal $236,716.36 Escrow Credit $0.00 Defecit $0.00 Subtotal 0.00 TOTAL $236,716.36 7. 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. 8. 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 #: 173362 9. Notice of Intention to Foreclose as set forth ill 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 $236,716.36, together with interest from 03/11/2008 at the rate of $42.84 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 By: "tom R, )Lt? tpd-ta qJ"? 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 He #: 173362 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Sconsett Way, a 50 foot wide street, said point being on the corner of Lowell Lane, a 50 foot wide street; thence along the southern line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, North 77 degrees 50 minutes 05 seconds East, a distance of 142.78 feet to a point, said point being on the western line of said lands; thence along the western line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, South 23 degrees 17 minutes 49 seconds East, a distance of 48.86 feet to a point, said point being the northeastern comer of Lot No. 8; thence along the southern line of said lot, South 58 degrees. 44 minutes 52 seconds West, a distance of 102.67 feet to a point, said point being the eastern right-of-way line of Sconsett Way, a 50 foot wide street; thence along said right-of-way line along a curve to the left having a radius of 175.00 feet and an arc length of 71.66 feet, said arc being subtended by a chord of North 42 degrees 58 minutes 59 seconds West, a distance of 71.16 feet to a point, thence continuing along said right-of-way line, North 54 degrees 42 minutes 51 seconds West, a distance of 27.59 feet to a point, the place of BEGINNING. CONTAINING 7,929.10 square feet or 0.1820 acres. BEING Lot No. 7 on the Final Subdivision Plan of Heights of Beacon Hill, Phase I, prepared by Melham Associates, P.C., recorded in the Office of the Recorder of Deeds in and for File #: 173362 Cumberland County, Pennsylvania, in Plan Book 75, Page 3. UNDER AND SUBJECT to a Supplemental Declaration of Covenants and Restrictions dated July 14, 1997 and recorded July 15, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 552, Page 361. BEING the same premises which, PAUL E. MYERS and BARBARA A. MYERS, HIS WIFE by Indenture bearing date April 24, 2003 and recorded in the Office of the Recorder of Deeds, in and for the County of CUMBERLAND Deed Book No. , page etc., granted and conveyed unto RONALD F. STODGELL, in fee. The said Joy A. Stodgell is joining in this conveyance to relinquish any right title and interest to said property. PREMISES: 1441 SCONSETT WAY PARCEL: 13-25-0008-389 File #: 173362 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.RC.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 a tq DATE: d -Q Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1657 MARLENE JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO FILE AN ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against N AUENE JORDAAN and GERT JOHANNES DANIEL JORDAAN. 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 $236,716.36 Interest from 03/12/2008 to 07/29/2008 $5,997.60 TOTAL $242,713.96 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 173362 Exhibit "C" S r? g E. to ,A w N ? O ?• r z Q. r ? rn W W A N W N K M z O n ? !ry y ? ~ Fi y F?yr rD OC y za i o x d c? e? ? " A b Cr1 ?. ? z 0 H m ? o a N ?0 7 " + P , 0 pp pp g G 11, A w ? N 7 g 7 ~ l1 OS Polsk a o. ? BSI WTNEYAA /? ?G 02 1M Z - I ? VL¦ V 000421 801 0 FEB 10 2009 MAILED FROM ZIP CODE 19 103 EE e B ? ono >. :z a? m A a. 12 z x P b C/1 A O c VERIFICATION Michele M. Bradford, 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 to Reassess Damages 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 unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: 7 /OF By: Z Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendants CUMBERLAND County No. 08-1657-CIVIL TERM 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 individuals on the date indicated below. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 ANTHONY TODD MCBETH 407 NORTH FRONT STREET HARRISBURG, PA 17101 / Phelan Hallinan & Schmieg, LLP DATE: ? 'F By: Michele M. Bradford, Esquire Attorney for Plaintiff F C ca . a -' ?-., m . ?z ' N V TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1657 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney forTAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested parry see Exhibit "A" attached hereto. DATE: Febn. as 22, 2009 '-ANIEL G. SCHMIEG, E?QUIRE 7 Attorney for Plaintiff \ to YLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1657 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) TAYLOR. BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1441 SCONSETT WAY, NEW CUMBERLAND. PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARLENE JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS as nominee for GMAC Mortgage LLC, P.O. Box 2026 D/b/a Ditech.com Flint, MI 48501-2026 MERS as nominee for GMAC Mortgage LLC, 3200 Park Center Drive, Suite 150 D/b/a Ditech.com Costa Mesa, CA 92626 MERS as nominee for GMAC Mortgage LLC, 3300 S.W. 34th Avenue, Suite 101 D/b/a Ditech.com Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Anthony Todd McBeth, Esquire GMAC Mortgage LLC 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 407 North Front Street Harrisburg, PA 17110 I verify that the statements made in this affidavit are true and correct a best of my personal knowledge or information and belief. I undgstaW that false stateme is he in made subject to the penaltie of 18 Pa. C.S. Sec. 4904 relating t unswo falsificationAo a?il?ori 'es. , February 3, 2009 jr /?/? U DATE DANIEL G. SCHIVIIEG, Attorney for Plaintiff a w ° x 0 rs; ?° ?n C7 q rn r! 0 ??2U wo Q?a.6, «-1 f?, ? ea a0 °a C O b d a a? zdo o u 11 w ? £0 L6 L 3000dIZ WOW 0311VW $ ° q 8002 SZ AON 0 W9 1Zb000 5 H o VU zo OWN S ? IO! ? 53NA® A3Nlld c Pv E ? y`' ? ? °? d s3ya a ? c ? ?• O C ? rr ? N G? ? ? \p ?' O O ? C/? ^ C E ?, ? vv E • y .5 q ' u el Q :9a d A O ° U 06-n 0> 71 en . 04 a co O p p t? °o > o °vo w it ? a M M d p o w C v? C w - ° w ? " •1 -1 ° O ° ° o E E " 0 1 °° ^E? O I C 00 ?TI N S ? ??E? U ?? ap v u u H i °°a as ? w? 000 gig 9"a a '? s A 3 w > p pqo a s z w a .r o !f U w T a Gsi 0 p W ... v a d aC o d s, 2 RA U U V „ ? a E++ vi a, W l V A w .? - a a W O = H cl rA ' W a° ? ?N v ? i. s.N L v • ^ Ar U WW U O v > > O wGo O U Fr O F' O'er "O u ? d 0 E o a rA a _ a w z e 4 O z M O Z W E ?, o° C .. c. p v .? ?, o as v w a u > z AU?U U H U?a ?-+a AC?, U O d Z ° ? c e d .c Z wzz a M ? ? oT w z$ ^- N M vi ?p °p O N M. ? ?. ?? . , . 'a W 5 x CUl1 00 48 g ? O ? con j N UW•? x goo a C? :° a 'b L q h C q zdo {i T ? V ? • pp Qg ? 'D p ?G V1 £0!6! 3000diZ W0213031ibYV W o _ 6002 ZO 833 0tog lwb D 00i•to s Z t . ? 53AM1pe A3 ® ?M_ a. % 4 yy Fo •? W L ? 1 . 1 U V ? O O ? V Y N N ' v 0 1 w 7 y ? O i ? ?? ? a•Do c o$ 'd g u a y p ? ? o • gOQ ? ?'J 7H cli (ri M ? m 'S a O W ci O a M O O h O O Oa e U ?w m E z df z W N ? N M •ct Y1 ?O (? 00 01 ? ""' N M ?' vl z a F f? I jj? FEB 1 9 2008 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No. 08-1657-CIVIL TERM AND NOW, this -22- day of "'a 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable go 4be- 2009, at --m-dw-Maim - aria. BY THE COURT J. FILED-CH- ? ( q? OF 1HE r hSS 3 2009 FEB 27 Ph 3, 2 ',,.,IViichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele bradford aQfedphe.com ?MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 ZANTHONY TODD MCBETH 407 NORTH FRONT STREET HARRISBURG, PA 17101 ?.ppiE,s rr?J? ?afa?(ter =v1 173362 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which TAYLOR VEAN & WHITAKER MTG CORP is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 27TH day of OCT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1657, at the suit of TAYLOR BEAN WHITAKER MTG CORP against GERT JOHANNES & DANIEL JORDANN & MARLENE JORDAAN is duly recorded as instrument Number 200908514. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this, 3 day of A.D. of Deeds RxGerci, ?, Cu."n and County, C:WW4, PA My Corwi Expim tt & First Monday of Jan. 2010 Taylor, Bean & Whitaker Mortgage Corporation VS Marlene Jordaan and Gert Johannes Daniel Jordaan In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1657 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 08, 2008 at 1055 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Marlene Jordaan, by making known unto Marlene Jordaan personally, at 1441 Sconsett Way, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Gert Johannes Daniel Jordaan, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Gert Johannes Daniel Jordaan. Defendant has not resided at 1441 Sconsett Way, New Cumberland, Cumberland County, Pennsylvania for over two years. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1821 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Marlene Jordaan and Gert Johannes Daniel Jordaan located at 1441 Sconsett Way, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Marlene Jordaan, by regular mail to her last known address of 1441 Sconsett Way, New Cumberland, PA 17070. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Taylor Bean & Whitaker Mortgage Corporation, of, 1417 North Magnolia Avenue, Ocala, FL 34475 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,073.24 Sheriff s Costs: Docketing $30.00 Poundage 21.04 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.60 Levy 15.00 Surcharge 30.00 Post Pone Sale Law Journal 355.00 Patriot News 411.08 Share of Bills 15.52 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $1,073.24 So Answers: R. Thomas Klin??SiT?CI'i?"# ,, -q;,?/tI ?- By s ate Coordinator a , v9 Cj Cf U"7 1 LU (,H C Lf {-'' ` a CJ r TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1657 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1441 SCONSETT WAY. NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARLENE JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS as nominee for GMAC Mortgage LLC, P.O. Box 2026 D/b/a Ditech.com Flint, MI 48501-2026 MERS as nominee for GMAC Mortgage LLC, 3200 Park Center Drive, Suite 150 D/b/a Ditech.com Costa Mesa, CA 92626 MERS as nominee for GMAC Mortgage LLC, 3300 S.W. 34th Avenue, Suite 101 D/b/a Ditech.com Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Anthony Todd McBeth, Esquire 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 66 Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13a` Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 407 North Front Street Harrisburg, PA 17110 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. Sec. 4904 relating to unworn fa?l}sification t ties. October 23, 2008 t DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff TAYLOR, BEAN & WHITAIM MORTGAGE CORPORATION Plaintiff, V. MARLENE JORDAAN GERT JOHANNES DANIEL JORDAAN Defendant(s). CUMBERLAND COUNTY No. 08-1657 October 23, 2008 TO: MARLENE JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 GERT JOHANNES DANIEL JORDAAN 1441 SCONSETT WAY NEW CUMBERLAND, PA 17070 "THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYMFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECE&ED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THISISNOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA MENAGAMST PROPERTY" Your house (real estate) at, 1441 SCONSETT WAY, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $242,713.96 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten 00) days after the distribution is filed. 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. 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Sconsett Way, a 50 foot wide street, said point being on the comer of Lowell Lane, a 50 foot wide street; thence along the southern line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, North 77 degrees 50 minutes 05 seconds East, a distance of 142.78 feet to a point, said point being on the western line of said lands; thence along the western line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, South 23 degrees 17 minutes 49 seconds East, a distance of 48.86 feet to a point, said point being the northeastern comer of Lot No. 8; thence along the southern line of said lot, South 58 degrees 44 minutes 52 seconds West, a distance of 102.67 feet to a point, said point being the eastern right-of--way line of Sconsett Way, a 50 foot wide street; thence along said right-of-way line along a curve to the left having a radius of 175.00 feet and an arc length of 71.66 feet, said arc being subtended by a chord of North 42 degrees 58 minutes 59 seconds West, a distance of 71.16 feet to a point, thence continuing along said right-of-way line, North 54 degrees 42 minutes 51 seconds West, a distance of 27.59 feet to a point, the place of BEGINNING. CONTAINING 7,929.10 square feet or 0.1820 acres. TITLE TO SAID PREMISES IS VESTED IN Marlene Jordaan and Gert Johannes Daniel Jordaan, wth, by Deed from Ronald F. Stodgell and Joy A. Stodgell, hlw, dated 03/29/2006, recorded 04104/2006, in Deed Book 273, page 4309. PREMISES BEING: 1441 SCONSETT WAY, NEW CUMBERLAND, PA 17070 PARCEL NO. 13-25-0008-389 WRIT OF EXECUTION and/or ATTACHMENT CnMMOVWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1657 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff (s) From MARLENE JORDAAN and GERT JOHANNES DANIEL JORDAAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $242,713.96 L.L. $.50 Interest from 7/30/08 to 3/04/09 (per diem - $39.90) -- $8,698.21 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $179.32 Other Costs Plaintiff Paid Date: 10/27/08 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #2 On October 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1441 Sconsett Way, New Cumberland more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2008 By: r r ,?V b1?tC/Ww,u Real E to Sergeant Ti ie Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss e pahiot-News Now you know Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and 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. PUBLICATION COPY REAL ESTATE SALE NO.2 Writ No. 2008-1657 Civil Term Taylor, Bean & Whitaker Mortgage Corporation VS Marlene Jordaan and Gert Johannes Daniel Jordaan Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of- way he of Sconsett Way, a 50 foot wide street, said point being on the comer of Lowell Lane, a 50 foot wide street; thence along the southern line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, North 77 degrees 50 minutes 05 seconds East, a distance of 142.78 feet to a point, said point being on the western line of said lands; thence along the western line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, South 23 degrees 17 minutes 49 seconds East, a distance of 48.86 feet to a point, said point being the northeastern corner of Lot No.8; thence along the southern he of said lot, South 58 degrees 44 minutes 52 seconds West, a distance of 102.67 feet to a point, said point being the eastern right- of-way line of Sconsett Way, a 50 foot wide street; thence along said right-of-way line along a curve to the left having a radius of 175.00 feet and an arc length of 71.66 feet, said arc being subtended by a chord of North 42 degrees 58 minutes 59 seconds West, a distance of 71.16 feet to a point, thence continuing along said right-of-way he, North 54 degrees 42 minutes 51 seconds West, a distance of 27.59 feet to a point, the place of BEGINNING. CONTAINING 7,929.10 square feet or 0.1820 acres. TITLE TO SAID PREMISES IS VESTED IN Marlene Jordaan and Gert Johannes Daniel Jordaan, w/h, by Deed from Ronald F. Stodgell and Joy A. Stodgell, h/w, dated 03/29/2006, recorded 04/04/2006, in Deed Book 273, page 4309. PREMISES BEING: 1441 SCONSETT WAY, NEW CUMBERLAND, PA 17070 PARCEL NO. 13-25-0008-389 This ad ran on the date(s) shown below: 01/21/09 01/28/09 02/04/09 1 Sworn to and subscribed before me this 25 day of February, 2009 A.D. Notary Public COMMONWEALTH. OF PENNSYLVANIA Shaft L, Kisnee sNoUry Public Cky Of tether uq% Oattphin County My C imm y Evims Nov. 26, 2011 Member, Pennsylvania Assoclation of Notaries 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: January 30, February 6, and February 13, 2009 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. Marie SWOFI"O AND SUBSCRIB$D before me this 13 day of February 13, 009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 ». NOMM4" M. 2 Writ No. 2008-1657 Civil Taylor, Bean & Whitaker Mortgage Corporation vs. Marlene Jordaan and Gert Johannes Daniel Jordaan Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land being situate in Lower Al- len Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the p eastern right-of-way line of Scon- sett Way, a 50 foot wide street, said t point being on the corner of Lowell Lane, a 50 foot wide street; thence along the southern line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, North 77 degrees 50 minutes 05 seconds East, a distance of 142.78 feet to a point, said point being on the western line of said lands; thence along the western line of lands now or formerly of Future Phase 4 of the Heights of Beacon Hill, South 23 ` degrees 17 minutes 49 seconds East, y a distance of 48.86 feet to a point, said point being the northeastern corner of Lot No. 8; thence along the southern line of said lot, South 58 degrees 44 minutes 52 seconds West, a distance of 102.67 feet to a point, said point being the eastern right-of-way line of Sconsett Way, a ` 50 foot wide street; thence along said right-of-way line along a curve to the left having a radius of 175.00 feet and an arc length of 71.66 feet, said arc being subtended by a chord of North 42 degrees 58 minutes 59 seconds West, a distance of 71.16 feet to a point, thence continuing along said right-of-way line, North 54 degrees 42 minutes 51 aeoonde West, a dirtfAKe of 27.54 bet to a point, the p%ee of 890MMM. CQNTAINING 7,929.10 square foo or 0.1 620 acres. 1Tf Z TO SAID PRElw IUS IS vyMn IN Marlene Jordaan and Gert Johannes Daniel Jordaan, w/h, by Deed from Ronald F. Stod- gell and Joy A. Stodgell, h/w, dated 03/29/2006, recorded 04/04/2006, in Deed Book 273, page 4309. PREMISES BEING: 1441 SCON- SETT WAY, NEW CUMBERLAND, PA 17070. PARCEL NO. 13-25-0008-389.