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HomeMy WebLinkAbout08-3625PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ?DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 176302 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 Plaintiff V. LEE OESTERLING PAULA OESTERLING 910 LORING LANE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 63- 3(od3 n i w Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 176302 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 #: 176302 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 #: 176302 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 #: 176302 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: LEE OESTERLING PAULA OESTERLING 910 LORING LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/05/2003 ANTONIO ANDREOLI & GIOVANNA ANDREOLI made, executed and delivered a mortgage upon the premises hereinafter described to FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1812, Page 2054. The 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 12/01/2007 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 #: 176302 6. The following amounts are due on the mortgage: Principal Balance $123,940.00 Interest $1.00 11/01/2007 through 06/12/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $185.84 05/05/2003 to 06/12/2008 Cost of Suit and Title Search 550.00 Subtotal $125,926.84 Escrow Credit $0.00 Deficit $7,646.59 Subtotal $7,646.59 TOTAL $133,573.43 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 #: 176302 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. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). 12. Plaintiff hereby releases ANTONIO ANDREOLI and GIOVANNA ANDREOLI from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $133,573.43, together with interest from 06/12/2008 at the rate of $26.68 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 HALLIN & SCHMIEG, LLP By: LAWRENCE T. LAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE -iTANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 176302 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the north side of Sinclair Road, T-568, at the dividing line between Lots 6 and 7 on the hereinafter mentioned plan of lots; thence along the dividing line between Lots 6 and 7, North 17 degrees 02 minutes West, a distance of 144.29 feet to a point; thence along the south side of Loring Lane, North 72 degrees 58 minutes East, a distance of 90.00 feet to a point; thence along the dividing line between Lots 6 and 5, South 17 degrees 02 minutes East, a distance of 143.79 feet to a point; thence along the north side of Sinclair Road, T-568, South 72 degrees 38 minutes 45 seconds West, a distance of 90.00 feet to a point, the place of BEGINNING. BEING Lot #6 on the Final Subdivision Plan for Peachtree Village, as recorded in the Recorder of Deeds Office in and for Cumberland County, PA in Subdivision Plan Book 54, Page 103. PARCEL NO: 42-10-0644-041 PROPERTY ADDRESS: 910 LORING LANE File #: 176302 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 PtairAff C'q'w QCs -#*4G Z 2-o DATE: ( --/ 3' O? w O w co W O TJ J ? -? C-n (D co SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03625 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS OESTERLING LEE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OESTERLING LEE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT OESTERLING LEE 910 LORING LANE NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. THEIR TENANTS ARE IN THE PROCESS OF MOVING OUT. Sheriff's Costs: Docketing 18.00 Service 10.00 Not Found 5.00 Surcharge 10.00 .00 43.00 So ansuv@T-s: / x. rnomas xilne She iff of Cumberland County ?HELAN HALLINAN SCHMIEG 06/23/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03625 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS OESTERLING LEE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OESTERLING PAULA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , OESTERLING PAULA 910 LORING LANE MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. THE NOT FOUND , as to TENANTS ARE IN THE PROCESS OF MOVING OUT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 /07 P - .00 21.00 So ans rnomas x.iine heff?ff'o'f Cumberland County EHALLINAN SCHMIEG 06/23/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS OESTERLING LEE ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OESTERLING PAULA the DEFENDANT , at 0952:00 HOURS, on the 21st day of June 2008 at 659 WILLIAM WAY MECHANICSBURG, PA 17055 by handing to LEE OESTERLING, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 -00 G'?t?+0? ?'" ? 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/23/2008 PHELAN HALLINAN SCHMIEG By: Deputy S?heriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS OESTERLING LEE ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OESTERLING LEE the DEFENDANT , at 0952:00 HOURS, on the 21st day of June 2008 at 659 WILLIAM WAY MECHANICSBURG, PA 17055 LEE OESTERLING a true and attested copy of COMPLAINT - MORT FORE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 d- P ? 26.00 Sworn and Subscibed to before me this day of , So Answers: } R. Thomas Kline 06/23/2008 PHELAN HALLINAN SCHMIEG By: sk, Deputy Sheriff A. D. 0 .. Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. LEE E. OESTERLING PAULA P. OESTERLING Defendants No. 08-3625 Civil Term Civil Action - Law / Foreclosure ANSWER TO COMPLAINT IN FORECLOSURE AND NEW MATTER AND NOW, comes the Defendants, Lee E. Oesterling and Paula P. Oesterling and in support of this Answer and New Matter aver as follows: 1. The Averment in Paragraph 1 is admitted. 2. The Averment in Paragraph 2 is incorrect Defendats address is 659 William Way, Mechanicsburg, PA 17055. Defendants are the equitable and legal owners of 910 Loring Lane, Mechanicsburg, PA 17055. 3. The averments in Paragraph 3 are admitted. 4. The averments in Paragraph 4 are admitted. 5. The averments in Paragraph 5 are admitted subject to the averments in Defendant's New Matter. 6. The averments in Paragraph 6 are denied subject to proof by Plaintiff at time of trial. 7. Paragraph 7 requires no answer. 8. Paragraph 8 requires no answer as it is a statement regarding the in rem rights of Plaintiff. 9. Paragraph 9 is admitted. 10. Paragraph 10 is admitted. 11. Paragraph 11 is admitted. 12. Paragraph 12 requires no answer. To the extent that an answer is required it is hereby denied. NEW MATTER 13. The prior Paragraphs are incorporated by reference. 14. The mortgage liability is in the name of Antonio Andreoli and his wife Giovanna Andreoli. 15. The Antonio Andreoli was deceased on September 4, 2007. 16. Giovanna Andreoli was deceased on February 5, 2008. 17. Defendant's are the legal and equitable titleholders of the property by deed of the decedents' dated September 1, 2004. 18. Defendant's have been hampeed in their ability to pay the mortgage due to the default of a sales Agreement on the subject property and the administration of decedent Giovanna Andreoli's estate. 19. The property is listed for sale with a Realtor. 20. The property has substantial equity. 21. The default sale by foreclosure would subject the titleholders to a substantial loss that could be prevented by allowing the home to sell via a private sale. WHEREFORE, Defendant's respectfully request that the foreclosure proceedings be stayed to allow for a reasonable time to sell the property and cover all outstanding liens. VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: 84-2007 °-? hJ r? ' `,?,r 4 ..K.? ?? ??^ T '-^} ?? t ?. ?? ?.. f. ? ? `'r :' '?, ..?? y ?,'? PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 First Horizon Loans, A Division of First Tennessee Bank National Association Plaintiff vs. Lee Oesterling Paula Oesterling Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 08-3625-Civil Term PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, First Horizon Loans, A Division of First Tennessee Bank National Association, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendants, Lee Oesterling and Paula Oesterling, and in support thereof, states as follows: 13. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through twelve (12) of its Complaint as if set forth herein at length. 14. Admitted. By way of further response, a copy of the Mortgage executed by Antonio Andreoli and Giovanna Andreoli is attached hereto, incorporated herein and marked as Exhibit "A". 15. Admitted. 16. Admitted. 17. Denied as stated. Defendants are the legal and equitable title holders of the property by virtue of a Deed granted by the now-deceased mortgagors, Antonio Andreoli and Giovanna Andreoli dated August 29, 2004. 18. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. Strict proof is demanded. 19. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. Strict proof is demanded. 20. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. Strict is demanded. 21. Denied. The averment of paragraph twenty-one (21) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Defendants have failed to provide any information concerning the potential and alleged substantial loss of equity that would result if the property is exposed to a foreclosure sale. Strict proof is demanded. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: S=temher 9 009 By: Joe P. chalk, Esquire Attorney for Plaintiff EXHIBIT A 04/07/2006 077:23 717 957006 J.C"AD V I I PAGE 17/51 R£CORCED-OFFICE 4r THE R£C4t?DE:; F DEEDS CU962ALA111 COUNTY-M . '90 DEC 27 PM 4 23 pspe Abq 1141 Line hr Rae NMss OM) MORTGAGE TENS MOR7 f3At38 CSetnttity IeitrumaW' 4 given on Asgebate.27........................ ...................... 14.5 .... 77M most?or L ... lDT1?1TQ.AIDRI? I rad.Gp06WNSiYA AIT? I..l wbsnd ad.?dfa .................... I...... ......... . ............ ("Botrowerl. This Security Instrument is Siren to .................................. NA RI. MiIC. ........................ ............... . wbi* is otpultud and Existing under the laws of Abe. Cooprwn aleh. of. BMWIN IVU ............... and *boa address is.400. Ebeth •quasn 9tr94 ..... I.tteascer«.FbrstaYlvasia.12604 ..... ....................................................... ...........•. CLepder'1. Batrw*w owes Lander the principal sum of ..'LIlIItP1C TWUSW-AIID MW J NN 1% .I-DaIon(US.5.30,000.(0.......... ).This debt 6 evidenced byBorrower'snote dated the spnedste as this Security Instrument ("Note', which provides for monthly payments, with the full debt, if not paid earlier, duo send payable on ... Janiary..1".R0M • ................. • •... • • .... • •.....................,........... Ibis Security Imtrument mom to Louder: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower%ovvenanp and agrwments underthis Security Instrument and the Note. Forthis purpose, Borrowerdoes hereby mortgage, grant" convey to Lander the following described property located in, ..... ta,an"p.8f.ALlm........................................ .............• t?mbea7ysnd..?•.County.pansylvania Sm legal description attached hereto aid fa ming a part hereof. MW the same pfroumm ommwed to the within named mortgagors by Deed of even date Fond intended to be recorded siranltaaeoualy herewith. M is a purduse temey mOrtpp given to secure ¦ portion of the purehase price. which has the address of ... 1Q.TMIMT+rM.., .. ............................. • . , • . Peonsylvasift .... )7.0...... ................ ("Property A3drass' A Tomme. Wrm all the improvements now or bereaft Erected on the property, and all oasewwU6 rights, appurtenances, tebts, roydtiw,mineral,oil and gas rights and profits, water rights and stack: and aDfactures now or bersafter a pan of the property. Ali replacematn and additions shad also be covered by this Security Instrumcs. All of the foregoing is refereed to in this Security Instruments as tbe'Pwperty.' BORROWER COVBNAN"that Borroweris lawfully Wood of the caste hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except roreacvmbrances oft word, Borrower warrants and will deftW gonorally the title to the Property against all claims and demands, subject to any encumbrances of record. 77ms SECURnY IN.vmumENT oomb'mc uniform covenants for national usa and man-uniform covenanm with limited variations by jurisdiction to constitute a uniform security instrament covering real property. PENNSYLVANU-sove FarnNy-FNMA/FHtMC UNIFORM INSTRUMENT Form 3039 12/57 prwnsa ev racrarooaM. OR-JOE. s.L iDi DOU FAC1115 ) i _._ ...... ........ ........... ......_ ............. .......... -.., _ _ _ ...._.----. _ Ill' 04/07/2008 07:23 7176957006 J.CDNRAD PAGE 18/51 UNI FOR M COVENANTS. Borrower and Lender covenant and agree e,6 follows: 1, payment of Principal and Interest) Prepayment And Late churgea. Borrower shall promptly pay when due The principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable taw or to a written waiver by Lender. Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelAh o6 (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums;. and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items, The Funds shall be hold in an.inslitution the deposits or acpounis orwhich are insure) or guaranteed by a federal or state agency (including Lender if Lender is such an institution): Lender shall apply the Funds to pay the escrow items. under may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable, law permits Lender to make such a charge. Borrower and Lender may agree in writing, that interest shall be paid on The Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual' accounting of the Punts showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Puods are pledged as additional security for the sums secured by this Security ln,rrumont. It the amount of the Funds held by Lender, together with the future monthly payments or Funds payable prior to the due dotes of t he escrow items, shall exceed the amount required to pay the escrow items when doe, the excess shall be, at Borrowers option, either promptly repaid to Borrower ,or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sugickni to pay the escrow items when due, Borrower dull pay to Lender any amount necessary to make up the deficiency in one or more payments as required by LFndar. Upon payment in full of all sums secured by this Security. Instntrocn. Lender shall promptly refund to Borrower any Funds hold by Lender. Ir under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale or the Property or its acquisition by Lender, tiny Funds held by Lender at the time of application as a credit against the slims secured by this Security Instrument. 3, Application of Payments. Untcss applicable law providca otherwise, al)' payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note. second, to prepayment charges due under the Note; third. to amounts payable ulster paragraph 2: fourth, to Interest dui and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over Was Security Instrument, and leasehold payments or ground rents, if any. )Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid In that manner, Borrower shall pay them on lime directly to the person owed payment. l)ormwgr shall promptly. furnish to Lendkr all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower; (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien In, legal proceedings which in the Lender's opinion operate to prevent the onforeernent of the lien or forfeiture of any pan of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Initrument. If Lender determines that any part or the Property is subject to a }ten which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall selWy the lien or take one or more of the actions act forth above within 10 days of the giving of notice. . S. Ilazerd lasurarea. Borrower shall Ipmp the Improvements now existing or hereafter erected at the Property insured against loan by. fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insuranct. This insurance shall be maintained in the amounts and for the periods that Bender requires. The insurance carrier providing the insurance shall be chosen by Burrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewds shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals, jr Lender requires, Borrower shall.promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lander may snake proof ortots irnot made promptly by (Borrower. Unless Lender and'llorrower othd:rwisc agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the rcatoration'or repair is economically feasible and Lenders security is not kssened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Insurance procacela shall be applied to the sums secured bY, this Security, Instrument, whether or not then due, with any excess paid to Borrower. Br Borrower abandons the Property, or does not answer Within 30 days a notice from tender that the insurance carrier has offered to settlg a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument. whether or not then due. Ths'30-day period will begin when the notice is given. Unkas Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the duc date.of the monthly payments referred to in,paragrsphs 1 and 2 or change the amount ofthc payments. It under paragraph 19 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from damsga to the Property prior to the acquisition shall pass to Lender to the extent or the sums secured by this Security . lnstrument immediately prior to the acquisition. 6. Preservative sad Mainlesraace of Property; leaseholds. Borrower ahatl amt destroy, damage or suMtantia)fy change the Propeny, allow the Property to deteriorate or"cornmit waste. If•thk Security Instrument is on a leasehold. Borrower shall comply with'thc provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not emerge unless Lender agrees to the merger in writing. 7. Protection of Leader's lkights In the Property; Mortgage Insurance. ' If Borrower fails to perform the covenants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property, Lender's actions any include paying any sums secured by a liar which has Ourity,over this Security Instrument, appdarlag In court, paying ressotabk attorneys' fear and entering on the Property toteake repairs. Altbough. Lender may, take acticia under this paragraph 7, Leadertloes not have to do se, Any amounts disbursed by Lender under this paragraph 7 shall become addWmW debt of BOrtowdr secured by this Security Instrumem. Unless Borrower sod Lender agree to other tame of psymmt. these amounts shill bear Interest from the date or disbursemmi at the Dote rate and shaft be payable, with interest, upon notice froth Lander to Borrower "leg payment. soli 999 PACE 115 7 . 04/07/2008 07:23 7176957006 J.CONRAD PAGE 19/51 r' Ir Lander required aootWr hrstinum as a ondkiost d tuakbrs the loam secreted by tAis security, lratrwoeat, Borrower shall pay the preadeina required to erintain the imwaace In WW umtif such die a the requirement for the fawraaae terminals la aceordsmoe with BoctoeraY's urd Lartda's wrhhtst agremteat or applicable hear. IL Lospaetion. Lender or its agent stay make reasonable entries upon and inspections dtbe Property. /lender slabdl give Borrower nattice at the tim a dot prior to an inspection specifying reasonable cause for the inspection. 9. Cadeamistiea. The prooveds orsoy award or claim far damages, direct or oonsequentlai, io oOnabetiaa with any eondetnnatia+ or other taking of any part of the Property, or for conveyance in lieu of eoodemnation, are hereby aaignad and shall be paid to Leader. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess paid to Borrower. to the event of a partial taking of the Property. unless Borrower and Lender otherwise agree JA writia,;, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following traction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower, If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor often to snake an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Leader Is authorized to collect and apply the proceeds. at its option, either to restoration or repair of the property or. to the sumo secured by this Security instrument, whether or not than due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the state for payment or modification of amortization of the sutras secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest: Lender shall not be required to commence, proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization orthe sums secured by this Security Instrument by reason army demand made by the orlginal Borrower or Borrower's aueeessors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. It. 5uatesson and Assigns Board; Joint and eraJl LiablBq; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lander and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument (b) is not personally obligated to pay the suns secured by this Security Instrument; and (c) agrees that Lander and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loom Ckerges. It the loan secured by this Security Instrument is subject too law which sets maximum loan charges, and that law is finally interpreted to that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limps, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Ira refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation, Aftaetiag Leader's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this security instrument unenforceable according to its terms, Lender, at its option, may require immediate payment In full Of all autos secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Linder shall take the steps specified In the second paragraph of paragraph 17. 14, Notices. Any notice to Borrower provided for in ibis Security Instrument shalt be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower, Any notice provided fbr in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Coverming Law; Severabllity. This Security Instrument shalt be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision To this end the provisions of this Security Instrument and the Nate are declared to be severable. 16, Burrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or it Beneficial Interest in Bwrower. Ir a1! or any part of the Property or say interest in it is sold or transferred (or if & beneficial interest in Borrower is sold or transferred-and Borrowsr is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all suns secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower rails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice ordemand on Borrower. It Bwrowees Right to Reinstate, If Borrower meets crnain conditions, Borrower shall have the fight to have enforcement of this security Instrument discontinued at any Into prior to the earlier of• (a):5 days (or such other period as applicable law may specify for reinstatement) before was of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry ora judgment enforcing this Security Instrument. Those conditions are that Dorrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Security. Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien or this Security Instrument. Lender's rights in the Property and Burrower s obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and Ibe obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17, aOfx( 999 PACE1158 04/07/2008 07:23 7176957006 J.CONRAD PAGE 20/51 ?I I NON.UNIpORM COVENANTS. Borrower and Lendcr•Turthercovenant and agree as follows: 19. Acceleration; Remedies, Lender shall give'notia to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Seeurity Instrument (but not prior to acceleration under paragraphs 13 and 11 unless applicable law provides otherwise). Lender shall notify Borrower of, among otber'thluss: (a) the default; (b) the action required to cure the deraulh (c) when the default mast be cured; and (d) that failure to curt the default as speeifred may result in acceleration of the sums secured by this Security instrument, foreclosure by Judicial proceeding and sale of the Property, lender shall further inform Borrower of The right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to sectleratloo 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 ."s rity instrument without farther dvmaad and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In parsuialt the remedies provided in this paragraph 19, including. but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law, 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in permrn, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession orand manage the property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be.appheJ Qrat to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument., 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall.discharge this security instrument without charge to Borrower. Borrower shall pay any recordation costs, 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 13 shall extend to one hour prior to the commencement of bidding at a sherill's sale or other sale pursuant to this Security Instrument. 23. Purchase Money Martpaga, Irony of the debt secured by this Security Instrument is lent to Borrower to acquire title to oho Property, this Security.InstTument shall be a purchase money mortgage. 24, interest,Rale After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shalrbe the rate payable from time to time under the Note. 25. Riders to this Secority Instrument. If one or more ridersare executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of catch such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part or this Security Instrument. [Check applicable box(es)] 0 Adjustable Rate Rider' Q Condominium Rider C] 2.4 Family Rider Graduated Payment Rider Q Planned Unit Development Rider fit] Other(s) tspocifyj lopi deacription Br SIGNINO BELOW, Borrower accepts and agrees to the terms rod eovtnants eontabW in this'socurity Instrument and in any rider(s) executed by Borrower and recorded with it. Witrleases: ............. .... - (seal) ? . Andt:elila .. n.a..' .." T ..:.................. .. (seal) G li l) isaw aeleM This ties Par K) COMMONWEALTH OF PENNSYLVANIA, „ .....Czumy UK On thla, the..... 22th.. day of- Daceoi)w...I ............... 19.f1D........, before me, 4Laoeacy.Wic................. the undcni$-d officer, PeraomWy appeared ., A =W At1GW U... ......... I?dVAl;111>lA JIt01d7(A.I r. I=baoA 4s d.wi.fa known to me (or satidaaottllY pry) to be ft persona... . whose oamc.a.ate subscribod to the witbin haatmotot and uc7tnowledpil that ... .............. executed the some for the purposes herein contained. IN WITNESS WHEApor, I horestato set my band and mist sal. My Commission expires:. ............... ................................. ates SrK .................................?? ? sati . KATKtfa Z t(ata. Miry Public Naiq,ifon ?.U hto. CiabertanA County My tes,ntsoon tralres AOrtl a, 1"3 State of pennaywanle " R?r dll t •.. ..:.. Coons.;.. ty of Curiftrland ,%?* '' a u? ' 4F?, Recordad in the office for the reocrtl)np O? Qttide" ?'". }I j TA : e ¢ red f rland County r : s0 i l Poo off ,;: R ..x Jr 'V t A +? esd my l of Ail. 41 i K PA6f ??sg a -0 pAGE 21/51 J.CONRAD 04/07/2008 07:23 7176957006 D &CRIJ TION and RECITAL ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN UPPER ALLEN ToMNSHIPr CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH SIDE OF SINCLAIR ROAD, T-56$? AT THE DIVIDING LINE BETWEEN LOTS 6 AND 7, QQN THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 6 AND 7, NORTH 17 DEGREES 02 MINUTES NEST, A DISTANCE OF 144 29 FEET TO A POINT$ THENCE ALONG THE SOUTH SIDE OF LORtNG LANE, NORTH 72 DEGREES 58 MINUTES EAST. A DISTANCE OF 90.00 FEET TO A POINT; THENCE'ALONG THE DIVIDING LINE BETWEEN LOTS 6 AND 5, SOUTH 17 DEGREES 02 MINUTES EAST, A DISTANCE OF 143.79 FEET TO A POINT; THENCE ALONG THE NORTH SIDE OF SINCLAIR ROAD, T-568 SOUTH 72 DEGREES 38 MINUTES 45.SECONDS WEST, A DISTANCE OF 90.00 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT #6 ON THE FINAL SUBDIVISION PLAN FOR PEACHTREE VILLAGE, AS RECORDED IN THE RECORDER OF DEEDS OFFICE IN AND FOR CUMBERLAND.COUNTY, PENNSYLVANIA, IN SUB- DIVISION PLAN BOOK 54, PAGE 103. BEING THE SAME PREMISES WHICH PEACHTREE DEVELOPMENT CORPORATION, BY DEED DATED DECEMBER 27 1990 AND RECORDED DECEMBER ;17 1990 IN THE RECORDER OF DEEDS OFFICE IN AND FOR CUMBERLAND COUNTY, GRANTED AND CONVEYED ONTO ANTONIO ANDREOLI AND GIVANNINNA ANDREOLI, HUSBAND AND WIFE. i 09 fall6o rA 2 ram ?077•t Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: SentPl her 9, 2009 BY: J se P. chalk, Esquire Attorney for Plaintiff 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 First Horizon Loans, A Division of First Tennessee Bank National Association Plaintiff VS. Lee Oesterling Paula Oesterling Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 08-3625-Civil Term I certify that a true and correct copy of Plaintiff s Reply to Defendants' New Matter was sent via first class mail to the person listed below on the date indicated: Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Date: September 99 0? ) J s h P. chalk , Esquire At orney for Plaintiff -o r -9 c, PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Loans, A Division of First Tennessee Bank National Association Plaintiff VS. Lee Oesterling Paula Oesterling Defendants Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County No. 08-3625-Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached, original Verification of Kellie Rohling, Vice President of Everhome Mortgage Company, serving agent for Plaintiff for the Verification attached to Plaintiff s Complaint filed in the above matter on or about June 17, 2008. DATE: 111510'3 1?4? - Je ' e R. Davey, Esq ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Loans, A Division of First Tennessee Bank National Association Plaintiff VS. Lee Oesterling Paula Oesterling Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division : Cumberland County No. 08-3625-Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification was served by regular mail on the following parties on the date listed below: Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 DATE: J 'ne R. Davey, Es wire Attorney for Plaintiff VERIFICATION Kellie Rohling hereby states that he/she is V) le kti6w+: of EVERHOME MORTGAGE COMPANY, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DAT 4c Loan: 9000511529 1"17ELLIE ROHLING trice President Title: Company: EVERHOME MORTGAGE COMPANY File #: 176302 LT ?" t Y N i ?"t PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. First Horizon Home Loans, A Division of First Tennessee Bank National Association 8120 Nation Way, Building Jacksonville, FL 32256 Plaintiff vs. Lee Oesterling Paula Oesterling 910 Loring Lane Mechanicsburg, PA 17055 Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 08-3625-Civil Term 1. State matter to be argued: Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: Phelan Hallinan & Schmieg, LLP 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (b) for defendant: Lee Eric Oesterling, Esquire Address: 42 East Main Street Mechanicsburg, PA 17055 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 3. 2008 Date: BY. _ Jo h P. chalk, Esquire Attorney for Plaintiff r+s r?- ?;; k ? ` ??- -r? ??_' +F.+ "' ?r. J y PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. Lee Oesterling Paula Oesterling 910 Loring Lane Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff 1 : Court of Common Pleas : Civil Division : No. 08-3625-Civil Term : Cumberland County MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Since Defendants admitted the default in paragraph five (5) of their Answer to the Complaint, summaryjudgment for Plaintiff is appropriate, as is further addressed in Plaintiffs attached Brief. 4. Defendants, Lee Oesterling and Paula Oesterling, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 5. In their Answer, Defendants generally deny paragraph six (6) of the Complaint, which avers the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendants' Answer and New Matter, and Plaintiffs Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively. 6. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 7. Defendants admitted in paragraph three (3) of their Answer that Antonio Andreoli and Giovanna Andreoli executed the Mortgage. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and A1, respectively. 8. By Deed recorded on or about September 11, 2006 at Book No. 276, Page 2934, in the name of Lee Oesterling and Paula Oesterling, Answering Defendants are record owners of the mortgaged property. A true and correct copy of this Deed is attached hereto, made part hereof and marked as Exhibit A2. Pennsylvania Rule of Civil Procedure 1144 requires that all owners and mortgagors be named as Defendants in a foreclosure action 9. The Mortgage is due for the December 1, 2007 payment, a period in excess of eleven (11) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 10. Defendants' default is also evidenced by Plaintiffs loan history, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit G. 11. The last payment applied to the Defendants' mortgage was on or around November 30, 2007. Plaintiff applied this payment to Defendants' account for the delinquent November 1, 2007 payment, as is evidenced by the attached loan history on Defendants' account (see Exhibit G). Defendants did not tender another payment and the account remains due and owing for the December 1, 2007 payment. Plaintiff has not received any payments after that date, Furthermore, Defendants have not provided proof of any payments they might have made. 12. Defendants have admitted that Plaintiff has complied with Act 91 of 1983. 13. Defendants have admitted that the notice provisions of Act 6 of 1974 do not apply to this case. 14. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit F. 15. Defendants are not eligible for Act 91 of 1983 because the mortgaged premises is not the principal residence of the Defendants. 35 P. S. § 1680.401 c(a)(1). Nevertheless, Plaintiff sent Defendants notice pursuant to Act 91 of 1983. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked as Exhibit F. 16. Plaintiff provided Defendants with a reinstatement quote and a payoff quote on July 23, 2008, but Defendants have failed to cure their arrears. True and correct copies of Plaintiffs reinstatement quote and payoff quote are attached hereto, made part hereof, and marked as Exhibit H. 17. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and K ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief 18. Defendants have the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: 1:: ? w _ J P. chalk, Esquire Attorney for Plaintiff EXKIBIT A ?. ?? 04/07/20,08 07:23 7176957006 J-V _? la? d? J . CONRAD PAGE 23/51 S_{J L. t1. RLAUD G0U,-1 Y 3 '' 19 P117 3 2.3 Ptapmced By: • Rot= TO: lrxwm HO217cT l= LOAN CORP =Txcw >r'I ima - POST Clyd8IN0 m=4 ROgm[ 681 A=ZRZ= DRXVII, S=VX 420 PIMSUAtMi, Pal 15220 10741 AIM P l"rAX-MAIL CODE 6705 AALLAB, TX 75220 PmulNumberccmntyt 42-10-0644-041 City: [Space Above Tbh Lice For Rtmdb g Dahl MORTGAGE 00427071p0 wards used is multiple sacdow of *n docuswmt are deft" be•.low dad o&w wards aro deft o iu Sarni 111. 13, 18.2Q snd 21. Cora do rda regardbg tW hedge of words used in this document are also provided in Sccdm 16. (,A,,} "Secgrit? ?rasnept" this document. wbid? is dated ??. ? , together wAh 42 Riders to 11i docruueat. f Barrowcr is the n%Wt agQr uud w"SCM* InStrumCHL (G) "Le>MW W rIPM Sn1t1XW 1 LOAN CDRPORATYON Loinder is a CORPORATION R PENNSYLVANIA- Single Family- Fannie Use/Freddie Use UNIFORM INSTRUMENT Form son tool dft-#(PA) (ows) Paps, is MEN ineb.r: ?' 11 VMP MORTaAag FORMS BX1812PG2054 04/07/20§8 07:23 7176957006 J. CONRAD Pty 24/51 0042707190 orp*Ad and existing under tide Saws of TXX STATE OF XMW Lrndces addwss is 4000 HARD W&T, XxYx iG, TX 78069 Lander is the mortgagee under Ibis SecurkY Insuvmmt. (D) " Ptptt" means me vow soxy nnba qpWby Basrower and dated MAY 5th, 2003 Mw Note atmtes ttwt 8octowit W*ft Larder Oils HWWM THIRTY PQOB TROURAW Pot,A MI'Mr & 00/100 Dollars (u.S. $ 134,400, 00 ) pbs itlon& Dommar hat promised to pw tbfs dek in rcgWw Periodic Paymew and ioM tite debt in ful nat2wer date JWIZ 1. 3033 (iii) "Proparty" means tine propcaty coat is dcacat'bod bebw under the heading '"Pmrhafer of Rigbts in the >ty " (F) "Lora" means the debt ovifteced by the Not0. plus inta+cat, any prcpayweat charges and lase charges due under die Nova. and all smns due utidcr this Sacmity lAsuttament; phis laftraL ((;) "RWs" acg= art Riders to this SMaanrity InatraMWl: dart we executed by Borrower. The; foflawfng Rxlw are to be executed by Burrower [check box as applicable]: Adjustlble Raba Rider Ca ulombdum Rider Second Dome Rider Balboa Rider' Planned L%k Davebpment Rider 1-4 Family Rick: VAS Ridtx Biwetac'ly ftyment Rider O"WAs) tspedry) (Li) "Applicable Law" means all controlling applicabb fedeW. state and local staudas, regnladon& oiditia x= and adminiavratwe rules mid orders (that have ft effect of law) a3 well as all spphsalde final, nm-WPCI able jttdlciat opiaious M "Contras Assodaum Does, F**4 uric Assessments" means all dims, feet, assessments and other diarps that at imposed on Bonower or It,e PIOpwy by a c ondommium association. homeowners association or smular or don. (,l) "Medrouk FOds Tiro dW mesas say trathsfcr of funds, aher titan a transaction originated by dwdc. draft, or similar papa butrt>mwA. which is i ddatml through an electronic tuank L telephonic issurtnneK cornpwar, our magaedc ape so as to anim. uwuuct. or aut wdw a financial institution to debit or credk as aw4unt. Such tarn includes, but is not hmitidd to, point-of nb transfers. automated tailor madtise transactions, ttatsthrs it OMed by Wgboaa, wim trans&M and automated clearinghouse . M "Roavw items" nume those imw tbat are de ac4bed in Section I (I.) "Miaeolkaroae f'roceeda" meats any comptasabon, setttemmt. award of dmuages, or p eels paid by any third party (other than in two proceeds paid au ft tht: eoveralta desaibcd in Section S) for: (i) damage to. or destruction of. the Prqpe W, Cu) coudeumatim or other taking of all or arty prat of the Property; (iii) convoya wa in Ilen of condetu adon; or (iv) mknpresentsaons of, at omissions as to, the valor aod/oc condition of the Property. (M) "MMtgage IssUrswe" taeans insorat m protecting Lender against the aonpayamnt of, or defauh on, the Ilan. (M) "Periodic Paymttat" means the xplatly W%Cduled *mom due for (i) principal and mtereat uhuier the Now, plus Cti) any amounts under Smdon 3 of this Seem* lnstttnneut ?„aw.:t t .a(PA) tome) Pap. 2 of to /? ? Form 3090 trot "vk , BK1812Fu2055 04/07/2008 07:23 7176957006 J.CONRAD PAGE 25/51 0042707140 (O) "RXWA" mesas the Rest 13atata Seniwmt Procedgr mm Act. (12 U.3 C. Sec&n 2WI et mq.) snd In iatplomCIdDS ugnladM Regubdoo X ¢a C.P.R. Pare 3W. to 11tay tkbt be SUMM 5om time to time, W *aalr add#i=d a Saar Ic on oR regWIdoes that Somm the same mbjM >rtMlW. As tined in this SemritY "R13.4pA" refers mail r tr and msg3cdm that me hapowd in rgwd to a " frdemUy rdamd mor4pp loin" evrat if rho Low does trot gflaUy as a; "hftnft rdill Ed mar loan' uta w PMPA. (P7 "Some"pr Is 2wtereat or Borrower" mews my p vW do has Wan tide b the Property, wheam ac trot tint party has owned Hamcawees obapdom tmdw the Noce m44Dr this Semuity hauuma t. TRANSFM OF Rlt3il" IN TfM PROPERTY Ibis sapity ltmtntMUA == ID L dcr. (1) 20 tepaymest of rho Lose, and ail re awals, emmak rat sad nadi sadws of the Note and'(iD the Petfattomm of Bamwees covamb said sgyn mns under this Socarf+'.tiast MM and the Nola, For this purpose. Borrower loos booby mine.. grant and emmy to Lender On lbbm ug described pgpprty biased in the Caoat y rrnm of ft--di" Jarbd dW Of CmmberUmd (Nam CfRewding 3arisdiaiaal= ul that tract or pa O;L. of lead as atu*xn on Saboft ,e %A* attached hereto Which in inaorporatted herein and made a part hereo!_ whicb auaeadY has the address of 410 Lt3 xm LAM C91=0 ("Property Adz: ist+eal [City).PMMWIVX4A 17055 (23p Cc&) MUMMER WTPA Al the impmv®nmU now or hetaaftaf erected 4n the prapcay, and all pmo mcata. APprnoemaoa. cad ft I 'ea caw err bcmahw a part of the p mpeny. Ail "kMesis sad adds= sbal An be carcmd by ltsis Sectnity Wit. All of the fmgoiag is r haW to is do Swarity Isadrmmeat as the ".y x?r+aw_ FI c t -itPA)!tee) Pps a at Is Form Goss im BK 18-12PG2056 04/07/20VB 07:23 7176957006 J.CONRAD PAGE 26/51 0042707190 BORROWER COYENA M Ow Bono ewer m Lawiag? mind of the "we b=* convoyed and bas >tte rigi0 to waa Were, grant and coavesy dw Property and that the Prop" is u aead, a ww for axUab Mw a of xocard. Borrower watmb and WIN 4%W gt MMY to ddo 10 dte Property against alt claw aasd deowift, subject to any ancaaoabronvoa of rccwd. THM SBCURM 1NSiRi3MM coo bim n gin cavaaats for andaanei use and non-uniform coverlam with iishitod vadabans by jwrhdictlon lo COa8dmia a 4aifo m x= try itarl>a m covering real lAqU;CWM COVENAMS. Hawser and Iatder covenant and agree as Maw= L Payment of PrbdpA hdatuh l ecrew steams, Pmapsysast CbarM and Late CbmV!s. aamowGC booth pay when clue the prina9ptal oL ant kieut on, rho debt evideoced by the Now sad any p vpay nwm d o rges red lots dows doe under dw Nola. Boa awa " also pay fiords for Exww, items purtaraot to Section 3. Paymaus due under the Note and this Security Inslmmmmt " be made m U.S. catrna cy. However. if my cbwJt or other ustnapm reoeiv+ed by Lender as pasyomt uWar do Now or this Seco ft, know rt ant is seauned to Lander unpwdc Leiter may require pmt say or all sahat%Wn payments dwe tender tie Now and ddb Secm* bsumment be mach is sera cc mare of the fotlotarvisg farms, as seloctpd by Leda. (ta) cash; (b) money ado; (c) certified check, bank check, t ftrive is cbwk or cattier': check, pwAW hey sued check is 4rvm upon an iaalteeton wbose deposits are maenad by a federal agency, it *u eaw ft, at aatity; or (d) Electronic Punk T mafer. Payments are deatted received by I when ra*vW at the kmdon dooWmad in die Note or at t other ko dos as may be. deeigi oed by Leader in aoeardpnc:e with the notice peovisican in Section 15. Deader Bray teats any Muleat or paaa IW paynamt if the paymen or partial payments are lasufficim to bring tke Loan cmemt Lan4a may accept any paynmew or paaaM p wa mt ;t Luffiicieut to bring due Loan =neat wit6cat wai4a of any ftbn hereunder or pajafte, to is don to refwae such payment oar pm W payymao in the futma, bus Leader is not of ased to op* such p Umern at the time sock payments lac wcgmd. N Cash Patriotic Payment is applied as of its schedaiod elite dates, then Leader need not pay interest on unWUtd fhamk i?ertdtr any hold swh tuupplied funds omit Bcanower mabaa payment to bithg the Loan cuerau. If Botmm does not do so wWMu a reasomable period of time„ Ironton a" either qA* such hinds or I in , I these to Beartower. If oat applied earlier, such funds wM be appEed to thu uotsianrling piocipal balance wider the Nate Jmmedi dy prior to foreclose. No offsot at claim which Ilonower aright have now at tom the fhan apdm Loader shell relieve Horrowcr bum making payawals doe under the Note sod this Sea9rdty tmu=nm errprfarmiag the coven= and ssmeatmts t+aetrtd I by this Seca ty lo:artm a nt. 2. Ap leallon of Payments or Reeds I3aoept as otherwise dea rlbed 3a this Section 2. sa piyubmw accepted and applied by Laudon shy be applied tent do f &mbg aaeder of pdarky: (a) mescal due under the Note; (b) principal tae under the Note; (c) a numos dare seder SmtiEntt 3. Sock payments thou be applied to ewh Parioft Payment in the caster in which it because doe. Any remain* amounts shat be aqr OW brat to Ism d*ges, second io eery other mounts due under this Saasity Instrument, sad then to reduce due prlb-M-:0sl banshee at< the Note. N Lender receives a pgxwnt fmm Harrower for a delinmgnwaat aloft Payment which includes a anflicdent await m pay any lathe abasge doe, der payment am be mpp&d to the delinquent payment and the late dhatge. If mace dm an Periodic Payment is otn , I.eu+dar may 'say payment reaived from Bmvwcr to rho repwynnen of the Puiodic Payments if, rend to the elle nt tenet, each payment can be paid in -itPA) moos) Pogo sa is A Form SM 1/01 BK 18 1 2PG2O57 04/07/2008 07:23 7176957006 J.COIRAD K PAGE 27/51 0042707190 fall. lb the adept that any exceas exim dkt the payment is sLtplled to the fun paymeeu of oce, or wwre Periodic Paymem% such excm may be applied to hay brae. chases site. Voluntary pipayments shall be died &3t to any prepayment clurgas and than as des dW in Ilse MW Any appttcVAM of paymesen. bwanoe proceeds, or MiscelhnoM PMcceft to pbdpt due under the Note shall not extend or petfgtao0 *0 duo lone, err dtoage the 2010+19, of 1105 Periodic PaYMCIaa. 3. Funds hr 1 wrow ItemL Bartow shall pay to Lot Oaiei on do day Peroic Payments are due under the Nate, u sta tite NW is paid In M a sum (do 'Fundt') b pmvida far paymeM of mama due for. (a) rases and amesaraima and otter hams which can attain p mky over this Semley bukamrnt ax. a liras at mound sum on the Ptq WV. (b) lemehold psymcds or ground reds an the Proprty. If son; (c) psesmiutna far any and A kmasum regnhad by I.eudec uodar Sanction 511 sod (d) bbapp Iatanato5 pia, if my, top or any stints payable by Barmwer te) I erhdear to lieat of do payrnaae of Mmww Irhmmaeoca prandtum in aooardtnw with the provislom of Seem 10. These am are called' ? Itam* At odgination or at my times desks the scat of tta Loan. Centex lay reunite riot Loewy Ansoctatim Dues„ Fees, and Ash, If any, be es moved by Boaurwer, ad such dues. toes and assemineAn shall bean Ex row Itran. BOU W W SW pour)p ft furabb to I.eadea all naf es of s 10 m i to to be prod emde)r this Section. Bnttowar shah pay Leader the Funds for Fwmw Items unless Lender vvives Bo mwer's obllpadon to py 965 Fmxb for arty at an Eacxow Itches. Ireadet may wadva Bormwe es obligation so pay to Leader Feeds for any or al Paarowr Ilona! at may tim0. A" such waivr map cry be In wditg. In the event of such waiver. Borrower shalt pay dhoctiy, when and where poy*b% dm amps due for my Egcmw Items far which payment of Funds has boa waived by Dander and, if Le'atder re"bM abate AMUSh 10 1 endef ztc im avidenc:ing such payment, within such time, period as I eoe)a may regnise. Borrowers obligotion iD make much .paymems and to prttvW rs 14 - mfagil for OR paarposes be deemed to be a covenent and sgregaew contained is this Security Instrument, as the pbmse "covount and agreemtxC is used is section 9. If Borrawa Is ubliSma to pay E=ow Items dbutly, pursuant to a waive. ad Boaowet fails to pay the aamant due far an Escrow item, Lend= may tKambe ins d&m -hater Section 9 and pay saeh amount and Bomower shall them be obligated under Section 9 to tnpryy to Leader any such amount. Lear may wvd a the wdm as to any or an Esmw Items at any time by a notice j:h= in accordance wide Section IS arid, upon such zvocasion. Berm war shall pay toLtultlvr atF1hds, and In such amounts. datare then ragehnd under this Section 3. Lender may. at any fiche, collect and hold Intends In an amount 00 la K to pe radt Lander to apply the Fonds at d00 franc qmd icd undo RBSPA, and (b) not to exceed 0e mattimm amottat a leader can regah+e utndar Ii M A. Leader shall eotual5 the amount of Funds dun an the baths of coma data and ruasounbie esters of etp©hdipaee of fen ax Bacsaw hams of otharwice in accordance with Applicable Law. The Funds )Blatt bo bet=ter a an insdtutim whose deposits are insert d by a fe derd agency, itaennmentat€ty, of a ntly (kdK%g I tinder, if Lancer is am institution wbaose top a A', are w issared) or in any Federal Roane Loan BmL Laukx shalt apply the Fends to pay ttw Escrow Imm no tmrr thaw the time specified odder KESPA. I et0dcr shau out charge Bourower ft faMMg and. spolyinit the Funds. atmuelly analyzing tie eacrow a moutu, or verfying the Barrow Items, unless Iaader pays Borrower interest on the Funds and Applicable Law permits Lender Io male such a ctwrge. Ueleas an a`teement Is made In writing err Appk*b Law requires Interest to be paid on the Funds. I.earkr staall of be required to patty Borrower any ;nowt or earnings on the Francis. Borrower and Lender can agree in wnfimg, however, that Intemst shall be paid on tae 01"PN taros) P416a ea is Q , Foram 3030 1101 8K 1812PG2058 04/07/20VB 07:23 7176957006 J.CONRAD Pg13E 28/51 0042707190 Pamela. Larder shall give to Borrower, without charge. an sanual• accouuthhg of the Fuxb as roqukvd by R$SPA. if there is it surpka of kbtub hold in escrow, as defwed oiler RBSPA. Laander ahall account io Borrour Aw the exem funds in accordeace with RESP . if Own is a sbaartsge of Rinds held in ex =w, as defined under RWA. i.erhderr shall thodfy Borimm as requod by RWA., and Barmwer " pry to Leda *a am m nec aunty to make up the sburtap in accordme wJ* 14W& but in cult moth than 12 mnaddy psymam. H there is a dt> kimy d Fsasaels held In escrow. as deffind ua t?t RBSPA. Leader shall W* BorrvW as req*W by RMA, and Haraower shall pay to Lander the amount swenary to mike up the do5doxy in mcar isuae with RESPA, bet is ao more than 12 mttulbly payu mts. Upon pt v=u in felt of all m ns secured by this Security Insaunhent. LOdaer xhaU pro" dy refund to Bocrdarer say Pwrds Wd by Lender. 4. Charges; Lima. Sormwer shall pay ail taxm ssseamentL charges. Awn. and Wwoskkm a0fto abb to the Aoperty which can susin priority over dw Swm*y thtastwoo , l mbdd pagan or groatnd on the i'ropm% if any, and Cbmwatitq Assoc?tiao Dana. Foes, and Assessandasb. if atty. To the ccw dot these ;lams ate V,taow In=& Bfaatstmwer" pay them in So maeuser provided in Section I RMOwfcr " Rnmpft discharge sway lien Which bar pnO tp ovrr this Security Iu*VnXm VAlesa Donow r: (a) qpv= In writtng w the pgraent of ft obiigatim secured by the live in a sinner accepable to Lender, but error so sprig as Harrower is pa dannh% rAclh agreestent; (b) cool"M the li m in good faith by, or delaads spba cafoe<rment of the lieu h6 legal proeescbs Which In Lender's opinlcm 6pesste to pt"aut the entoroerum of the Ism whc7a theme pxoceadlep sae peaadsng, but ottil? until such pvcecftg* no concluded; or (c) segues foam the bolder of dhe liar an agrtemeat satidwory to Lewder aftalkaft the lion to itais S=x* laattaarent: If Imam determines that any part of the Property is subject to as lien which can =An paba * roux this Secnnly Insmwit, Lmdar may glue Barmwrr a notice idend!' wji the lien. VVithlth 10 dsyz of the 401c on which toast nodca is given, Bomwer 9W rills the lies or taco one, err mote of the mcdoas on forth above in this Section 4. I?emtMr may require Borrower to pay a ODE-UM change for a anal emate tax vezi vrr ardor reporting service used by Lewder in comhecaion with ehta Loss. 3. property iiwarsaee. Borrower "lelep the suptovera rots now cibbait or hueafter clecad an the Prnpeay insured winst loss by Case, basseft (oclrtded wit o the um "exteaded c avow: aad any other hazards iecliing, but not titaited w, eardquokes std floods. for which Leader rte lute. Ma maursan shall be n aiooiacad in the aaotots Oncla ft deductible levdz) and for the Peeiods first Laucla tegwws. What Lender t*gwcaa pursuant io the preceftg sown es can dMAp datrms the term of the Loco. Tbo insurance carrm ptovifag to iasaanca d O be chosen by Bouvwer subject to Larder's right to disapprove Baxtovaes choice, which right shall not be r. wcsed unreasonably. i.aadw may require BOrs war to pay, in connection with No Loan, eWw. (a) a on&dffw charge for flood zone dcanakwim ead6cseim and tracing scnft i; or (b) a oao-am c kwp far flood am dountrhwon and oat on saxvim and subsequent charges each time rurneppiags or sbnft c hsages occur which xcamdAy sight erect such Marnnawdan or catificsaiom BQnvwa shall also be r sponslle for rho payment of say fees impoW by the Federal Emergency l imagersent Agency in cammetion .with the reviews of any flood zone dd n resulting trots an objection by Bortvwer. fj1"PA) Loom Paeoaof I$ ?naah ;,L.t.il.i• Farm 3038 1167 8K 18 1 2PG2059 04/07/2008 07:23 7176957006 J.CONRAD PAGE 29/51 0042707190- N DoMma Pails to wWGkMb aety of die wv raira doam*W above. I.eatler may obak boom oove"Op, at. I.enda's optiow and Bou aw ces atpeaw Landes is under so obegedon io pares any pKO=W type or amatmt of covprv. Their ibm such mveroge aha11 atoms Lian t>, bat asst or taig)tt not protect Banaw er, Borrower's equity in the PxopaW, or ft Best wn of 106' Ph4wW. ogoWK wW 1ak, bowd or Bsbdity and alight provide Swaker or loam oov tap Own win praelaudy in effect. Bonower admwdedow that dte tort of the bosoms coverop so obuinal naigbt sIvAOcu* esaeed dta poet of iasrataaass that Borrower wW have obaba Any amow# d d mnod by Lumfer uMw dds Subon S sbdl becaraa additional debt of Boraawer a cwW by We Smmu* InummeraL ZLas aaroanat shall bear kwai a at the Note rate ttm the dose of Mdu=mw and shalt be payable, with such hwwsL upon notice from Laeadac io BornQr W aquestfnt psymem all i~rsaome paws mWaked by I eadrr and sewwata of sash pondes Asia be sobjmct to 1.estda'2 r*a to dis%Vme such poikies, shoo k dmk s standard nmrtKaatie claws, and shall same I.earder w zaw"ms and/or as an addidoastl lose payea, LaKicr atra8 hw o 166 right io hold the pow and renewal aftwkOM If Idrekr ngsdtM BWOwer " promptly tM ID Les>drr all 10901pta of paid pt+dddnms and renewal n dt7ta. If Borrows obtsm may farm of kworame coven %p. not odmwbb ragttiaed by Laxicr. for demago to, or dun d m of, the Ptgpa y, m h policy " monde a standard taongage alana6 and shalt now I as n=VWc w dAw as aq addidoml km payee. In Mae avant of kw a, Bonowar shag give p mmpt notice to tlrc ioaprmteo maw and Lender. t,eoder asay matte jovef of loss if not made lxaq dy by Sanwa. Utr m Leader and Bonvwasr odrawise atcas in wxbng, my m ounce pcoweds, whedw or not the tmduMag iastaaace wu nmq*ed by Larder, shag be sp$W t0 sestotatdoo or repair of the PwpaM, if the mmusion or tarp dr is ecoamaticAy had* and 1.endees w oft is not k nowd. Doting swcb armis k mrd m aoawtion pwk4 Leader shoal bave the 1 ID hold swk ins wave p rootseds undl Lender ire bad an apportaawly to hoped owh Praptsty to manta the wait has base ean4dad to LerkWs seddwAiosa. provided that wt h iwpecdon AM be mtdertoken pwwVdy. L =ft may duty a pe?oceeds #vt We repairs and ndoea don Is s angle ptgrnacnt or is a scrims of progmw paym m w do woaic is cmpkted. Urdt= an stgreanent is made In wdtint a apptb=bk Law requ es interest to be paid an sadr hlsoce pioaoods, Lander !toad not be ragaised to paq? Boa+ower any inae!rm or earnimp an aaw6 p mewdL loo for public somm or odW dtird pastime, tefiinod by &mum"not bo paid am of the humono pracoods and .hall be tits sole o fts ion, of Barrows: If the rgaorralion or mpair is not eomou&eby f aufl k or Condo's sacs! Ay waid be knewd, dab nm mnao p tmateds oW be applied 10 the am swumd by this Seoauity U sirtmtmt wltetha or sot Him dtte. wilt the access, if any, paid to Donower. Sud iosaaoca p =a& sbafi be app&d in doe wader pmv" for in. Swdoo 2. If Batrioww &bum*= the Property. I tadcr nay flip, nqudatm and mde may awalible b4uxuaw cb m and Matted mo t<rs. If Bormwer dove not rmWond witlr)n 30 days to a naive fiats Loins' that the ipsmwa carrur has ofl'aed to scale a Clout, they Lender stray ussodw ami MR% t66 CIMUL The 34%ft pow wit begin wban ft notice is givran. In dtba eves or if Lags acqukw the Propmy undo Section 22 or o&a wkw, Suuowa hairy assigns to Leadw (a) Bwtvwer's rWW to any kwam ove peooeeds a an oex ma sat to excw d ttta ammo s unpW andw the Note or dtfs Soeauity hommat A and (b) any otba of Ba niuwWs rights (ofha than alts .right to any ruffimd of tram d p maiuma paid by :itorMvw) under aR policks covering the Property, knout as each rights an appric" to the wyea ge of the Property. Lander may we the kma c proceeds either to tepok or r mw dte Property at to par onomtaa unpaid under the Note at this &=%itty Inswamew. ahodw or aot then due. MaNdn a(PA) MM) Paea 7 ur to ? ' ti- Form 2030 1101 OK1812PG2060 04/07/2008 07:23 7176957006 J.CONRAD RAGE 30/51 0042707190 6.Oe mqp , Aasaowc c shalt occupy, establi* and no the Property as Baanawoes ps*wWd nosi me whMn, 60 days atlet the execution of d& Security Immommt and sW eom mte to oaxW the plop M W Roame*r's principal r e kkoce far at least am year aft the deft of oomp my, ordem ta'aift otherwim strew A Writirw which aonspat shad not be unreasonably withheld. or unions exmuwng ditumsmam exist wbkh are btye W Borrower's oumuul. 7. Trwatafqm? bUbemmmm and Probeetisn of the Property; Ia n, Borrower mbar not dewhoy, damage or iwpair tiara PnV*W. dbw do PralfuV t4 doaftm or caomndt wawa an the pM ddy. Whedhar or not $om)wm Is tesitift in the PrapaW. Donower duff mdwmk tits Property in mde r m pmrvm the Pl spray from demerWa ing or d=aWW in villas due b ib COdicrr. Unlma It is de an pined pueaat to Section 3 dw cosh or tommation is not economically ttOap Uk BortOwer dog prompty mpdt the Pmpeety if datum od W avoid fu rdum deterioration at damp. If insmasoaa or condemnation eta paid in connection, wit daanage to, or do Ad* of, Sts Praparty. Ilmowft dog be mq t fan' repairing at g me ftwerty I ender has Idemed proceeds far snob purpoer:s. Lewder may <Wbtusa proceeds for the ICF0k3 and tOODIaboh in a WR* pWOM or in a sales of as the work is ww;dcw& if the b= mm or condramladom p mcaeds are ant suirk ieot so molly or reacts the Property. Donower is not n ieved of Borrower's gbVV*u for the caawletim of much nepdr tv tEalOfati m I mdeX or its agent may rndx reasomhta taories upon Ed inspections of do. Puaperty. U it has nmsonable, cause, Ltnader airy irnrpac t firm Wedior of do mpwmwm an the Prop". Leander shall give Bonower notice at the time of ear prior 10 sack as imasiM InSPediosr ip g such refits MAb e:ansc. ti. Sox7r4wer's Lemon A VOCNIM DomewCr dMA be is dot if. d nrilag the Loon a tmm per, Borrower OF any persons at entities acting at the dirwioe of Som moor or wkh Barmwes ]mowuft or consent gave, mmMddlY lake. nddc#Aft , or hwm wrote iOdaKeaden or siameats as Larder (cc failed to provide Lander wf* mmadal mfamatlna) in consecifion with do LaoaL Mmot w redresenpMiprts mcfude, bur art; 1101 t OA*d A rq merrtftdo S concerning BoaovWdr's ooo%mncy of The Property as Harrower'S priiacfpal rr:sida?roa 9. Protection of L,esde es Intareat In the Propmrty and WSW Vaft thin Soo wky faalram L if (a) AOlrower fills b puftirrm the caves and adteemsnts canhimod in this Saatrhy ImWu mmt. (b) there is a legal proccedieg dnas might dgaitlamdy am= Lear a&es m werat in fire hope rty a uMx tights t nap r dais Sexau$y Intgeuwmt (mach as a proceeding in banbWocy. probate. Eon coadmusAm or farfdtuare, for enfe t of a lien which may attdla priority ova this • bs mmmt or to coforoe laws or ragubdo*, or (c) $amym leas * dOmd the Psopecty, then Lender may d0 and pay for wbWvw is rmwmble or gVmpriate to protect Le race's i emet in the Pmpoty and Ashes under this Security k*UIROK =Udbg Foocting and/or astahg the vane of the Property, and secudng andlfttr rwom 90 PmPawty. I"dWs acd0UX Can ktelnde, but are net lhWbd bx (a)p i tg any sum waned by a }iron which has priority aver this Security tnsann>omno (b) qpw i*S u, cmM and (e) Paying rosaooabrbe moseys' fm to protect its intcrest tun the Pmperty sadfot tiglNs under this Sexauiry hosurndst. i its weaved posibm is a bank Wky prooeedhhg. 3eciuing 66 Plroprtnty includes, but is tact Waled no, ftamag the Plapaty to, maim repairs. dtange ioeles, Milsce ar ban up doors and windows. drain water 2tom pipes, eiiadam bniMW9 or OdW nude violndaom or dashae rtm conditions. and have utti les tmaed on or off Although Lauder may Mite 'act u under this Sectim 9. Leuhdea dm not have to do so and is not under any duty or obiiPdon to do so. It is agreed drat Lender inceara no iaboy for, tat taking any or all arm authorized utter' this section 9. maw-„?,?c -d(PA) (Woos) P.W. Bel fs g. a Foray 3639 1101 BK 18 1 2PG206 i 04/07/2008 07:23 7176957006 PAGE 31/51 0042707190 Any amounts &sbwnd by Laaeia under *k S WbM 9 shall bec+oaee ad&POC t debt of Dammrs aecand by thla SKv ty 1tWctaseat• These weasels tdma beer cwt at the Nate rate team the dace of di*aawaent and d" be PayjW with Oath =MCA, upon wow ft m Laaw to Bmf vvm m pectin eta S f fy bsbumcmis m a kewh hid, BarrowIr dW oft with &A ft pvWam of the lom if Ba rt ower acqukm fee *k to the Pwpaty, the kesdwld and the foe title shall not mmgt valets Leader agrees to the maser in wsitkg• b&xWp bw mce as a coaim of mmkbw On Lash. 16. Mort?rge 1»rtns • if Lmdw 0 the W?Xmw ft=MM in deax if, for tiny screen, the ft Adorta agage p lasa so t'mact Pis Lender c ma ja be and" from tote awWr ievjw daft M Tided etch iammae sod Barrvtwcc war u quaed w nwu mp m * deeig mod p pRCVip thy pro InsrOM Baaawar f:bedr pW the pmugum wed ro vbteia cwvMV subdtd fate p wdamS for IViar<p? IMVJDUNY . at a cos anbatsrtif? eWN90 t to tha cm to Bonowcx of do 1N &WV Laatittee Owiov* In + fim as ads mumm fitrat'er selected by Lander. if swmmdxAy a 0e **Vow is cwt avallytil % Barmstcr shall c oe to pay to Lender 6D avsvnM of** d=p ayawats to were dew who, the ?rtao ceased as be iR d[bct. Leoda 11W accept, un dtelfs paryalaua as a rwtiodaadn>a>e loss Wycrap re NCU of MOMP lea'sore. SwA reserve be aw- s. potw4d 6 ft ba that the Losn is h ' OM bk. hd? 1sm! 0 Le?ndrt #lttdt {fin on ancb :bsa rraiave• Lender cmr no iartger rtxltt?a elxmd by . the smom t and for the period that Lendrt took* Ptov by an is a Ledw sawn baccOM VAN". is obtained. ead Leander nquka sepma* did NWMCM aoele the, Ma* m fm MOMW immanc& if Leader Wined KwgW U aamm as a cootfitm of =*WS ft Lou and Bet owCr was rcgab ed to make svwd* dl ad P d *a puts for &IactgAge lnsurmca Barrowcr shall ptembim required to waisAmin Matow Ica in atfeM at to pfoVlde it iron-rf Ed J-1 lase rte. ilia Ltrn ia's teqak=Dw for hktwav lmt mm 40" in wwnb= with may wri m svmnw brtwtcn Barmwer led Lender p av>dng for a? ' .ac uW ? is mquired by Appli " LAW, Noll bgicc aft Section 10 affects s abligm4a to pmy the Now) c s It Mortgage Imownce raisotre"m (or my entity that pub laces if Bomwer dace net repay ft Loan a soml. Bon war is rat a patty to the 1Mtarpp bmwsms. Morow insums avatoam tbea total risk On alt tatclf %saatsWe in fotec from date ID time. and x my eras iumo sg<+e + wlbb other iaKtim that Am or moNy Lb* wirlc, or =dam ioaros.'Tlm agmemew ire art tame =a coaditiaas that are switbomy so do mmpp homw std the other party (or 1 ) cd 10 deft ?s 'Iim aVeasettts any mulct do ma kwime w maims p?ytom wing my ww. theth9t tpga bmm way how smlable (which an mob& Wds obtained from 14anp a Insurance As a muk of these t,pe meats, Ltmder, pfztOtftwa pr '. adw ©aft, at aW affigaw of any of the fora may nveive (dbeetflr ) amou°'ti that chive Iosuraac^t. itt fstehaaga from (o: might be Ghats mdacd as) a portion at Bwowees p wnma for for shed" or Imaying fro mCrtgago it sww's rise, w mincing lorsw N SW;h 35MOtcnt pvvift 00 in a 1 • a of t- taken a chats of the inUM s silt in cmimor for a dwre of this presuitmns paid to tttt kmm. do yrYaagemet it is gfsotc teamed "Cwt" rye." pathw. (a) Any each arm mmfs wo sot aHcxt the itrrowitta that )sour er k Orvo she pasay Aw D Iaeame o or any otwt urns to say rOWUL i3orraMrer wPt awe for Mortgage Inanrmacs, umd they will not cuMe Borrower 4%-G(PA) (mm) Pa•P9N IS ra. c? Form 3U9 1101 BK1812PG2062 J.CONRAD 04/07/2008 07:23 7176957006 . . J . CONRAD RAGE 32/51 0041707190 (b) y stick sg pa R win go adfrDet the t?iglhts BorxQWW bn • il' aq - wiw -00 lot to me ista mam uncut the ?tas+" Jut of IWG r hair odili iaw. These t%iftmesa Iftel -I tke vw to rW&* oestak ihdwMah to ' ' 'd"0v0e1°Y?lie" 'ot an Morcpe Ishtasytleoe!, m bare td?t 141 se Itttw>"to*ce tauiasded ' amdfer ba vocti?t a x0and of tuat M0 "max All boxxUantous Proceeds we bareby assigttd to and 40 be paid to Lauder. Proms 00 be ttppi?iod b retGA or rep* of tine If ti?,p P}'oPUsfa M or re a and Ltttrder's seowhy is not leaeaned. Daring = if Od K wadsdoea tx Leaft t i the to load such ? Btoav* until x tit i to s ? a Wpm s)such Pcapagr a dmtwe to waslc Do beta hunt A be M*Mtm ptopt - b etader OW IX W 11061.- a3boe ter is a wrist Ofp? ? ni dm Wa* iI l Unkm ooo an is made in writiuag a Al:aw regrri?s khresest b be pdd ao muoh I,eudet shsB am be ragnired to pay tray i vast or evt?iw on such Iwl oaas Phooood& xf the Mwradoa at rep ly b not etanaqkmny foie or Ltatder'aaexodty vow% be l wmad. tine 16=11fteo" the acemtb t;h4 be wa . mewed by on SeandW x u0. do arch provided ? eoctx?s, if spy. Paid to Botzowar. Such Misoe Seedw 2. rho event of a WW tats & daMac" or kms is vdee of die property. the MisotUhoOW ftwctcis *0 be aippliod to the slues me mad by dt+s. Sue Ind, wbetba ar not dm due. witch doe exem if anY. lsid to Don°`"a wkidt the fins mao? in-the t:rmht of a partial tom, dogruoda% or ions in vaiuc of the Pkvcrty in valet: of dw Pmpaq knnhexia* bdoro the per uk%8' des action, or ions in vdot is equ d tp ac pasta' d an tie swount of. the a aas matsed by dds Security ;maromtent imwMVAdy bdose the partial tdrmp?. dt*vcdoa, tit b a In valai:6 wtlem Douvwcr and Lender o6wwne agm its wrWI& fire sums swaved by ? Sec shy Inanownt dia be ftdmxd -by tine mn*W of the MwManaeo" Prooeed3 died by the foitivt+ kas m,. (a) the natal wooma of the sums ramrod. knm?edW* bdo a tba pw" M 1°? ' or Ions in ruche divided. by (b) the fair ssntdua value of the Propecty W wdiWIY b d , or kiss is value Any bda no shad be paid iv Boaower. w?ric4 ft fair In the stun of a ps talus, elmlaudM at lose kt vWW of rho PxVMY in mmkot value of toe Pape ty imp bdaro 60 partial Oft, de ou. or loss io value is Im town the &waw of tie am s xcured im e4? bef o 60 psrdsl t"& dcose*a, or toss is MAW Omen Bocr+otrer W4 L Oft odtexwise scree in wridog. tins MMODUMM" FMcceds ahtb be appBod to the sums secawd by ddfs Seevx* Instttt"d Wbadur at oat doe fists sra ilim dtte. If doe Fropefty itt abandoned by Dom"W. or it, tdtia soOm by Lander to Banower that aw Opposing Party (fhs d aiusd is the neon mumaoe) oMn to ,bate m and to mWs a data for eortowcr [ails to =pond so Lamda wfidsiu 30 d"s afor ft doe to now* is giv aL Ltader is aftwInd 0 coma tad sdoa at of ? ia da rim mewed plEty d* OWN Ba ewer iw6t to SCCW !? O afiaht or sat titan fie. ' Sofn*wt r an a ftM of acdon in xq; ud to Wtiodianooox M xheoaa Proccsods or to pwcty % & apiM res whom 8 PsocadL Bam vwa doll the iA dot" if my aedw of proceedI& wheow civil or ctinand. is bgpm that, in L mdWs judgtmut ;could result in fwfiew uoe of the Pm*c ty or Other nwamml isvokwas at Le odW3 iamm in tic PtopeM or ngbts mode this lattrwaeoL DOMMW can cute Bock a dutch snd, if exciat d" has ocavrod. re butme sa is 39, by Craq do sCtion or p[?D f$ a be dismissed with a rnlinB that, in LtxhdWs ? preckxW a roddum of foe propetty or what meae w trams of ?nRhiies• ForM 3039 1101 r.y loaf is A(PA) too") 8K 1812PG2063 PAGE .CONRAD 33/51 04/0712008 07:23 7176957006 J 0043707190 Leader's bad in dm Property ux xighis UBW fts Securky Imetument. Mw proooecds of any award of cbfin for doonsaft 16A am at rboblat a>t do uapairnaent of l..QadR•r's Wcrea in the Property ate haeby asdpo w and d*U ba pold to Lawler. All ifindkincom Proceeds dm we sot applied to r@ata7 men at repair of the pwipony dude be *plod b do order provided for in Soctim 2. = Dwr over Not Sdensed; Farbearaw By Lesd4r Not a Waiver:' Bx n of the time, for payawnt or moffiado of aronetbo&u of dw stars second by this Secw* bstrument granaed by to Baaowar or mkt Saxemor in laterest of Ht M alp-, tO lo aadease *a W Aft of Bovower, or My SUMOLIor9 In lauxed of Borrower. Leader SbOnot be recfuir+ed z4 voameos? peocoedi+ept agaataft say Saoaeaar ins APOWK Of 8ornawW er to IdIMM In W*Ud time for payaesnt Of Otherwise Mdify eanast ZWM of tbeil ms roamed by this ,Scclydty bmumast by ream of any demand male by die a6go al swower or arty ,SWcOlaM fa IaMaK of Borwwm. Any forbeatmtte by Lender In ftwebbi; any arlglat or temedy Mr&Mdfers, wyt MM lirniaa&t4 Id's acceptaece of payer &MIN dried peraoee, emitiem or Successom in Inaerest of Norm er or in smomm leas than the m aetast than due, " trot be a waiver of or pfacbde it* t of arty dot or fam©dy. 13- Joist sand Slaw" I tyC CA4lSaCmat Sweeeeeum pad Ames Barad. Doan er caverat uts and agtreas Haar Bawower's dtligsati0att and liabiih,7i " to jtaW and aeYmal. H pseYCr, map &Xtower who W-OW Oda 3?mrity DIMU M bW does aot exoartr the Note (at "gat-aigaaer"): (9) is co-si WS Security taattamQit oatly b moLeappoi grant and convoy the ca-sipada inaa rtat is she Property midor due mum of this Socatity Ins wnw4 (b) is ad Parma' obligamd to pay the, sows smand by this somsky lnsttmoem and (c) agteaer that I+Eefdt? and any other Rame er can agreo m wdepatd, modify, farbeor at mare any aOCOairaocladow with regard no Ow Dorms , of this Security butror + el or ft Noto witboau dee co-sipa's consM Subject to the proViaiaats of Sadian 18, any Succefsor in ltltrng of Banower who Borrower's obb2ftons to der the, Seaway Inshument in writing, and is approved by Lender, sW obtAn all of Bo arawe is riots and btxtettp vender this Sec wky IwaumwL BOammer 9W rAt be tdtnned from Bamoy es owigod4aa and Trabitby under this Shy isas t aadesat Ltaidar agrees to 2wh rhaM In wAdo8• IU covenants and 2poements of die Secwhy law ra=4 sbadt bind (exmpt = provided m Secs 20) sand btsssfit the xweetwrs ad uslops of Laden. 14. Lan CWiraea. Lender pray cbwp Bwwwer fees for services pa *mwd m connection with Roomer's doWt for the purposs of peoteains LaxWs inawtst is dw Poverty and clgbta under this SCcWity Irratrtaaent, intltading, bat net &Md 0, aro0raeys' foes. P11"OlY %MMWM aaaod rslaa 001 faa. Ln regard to nay odwr fees, the absews of express uthority in On Security trtatrtameat m dwpa a specific fee to Hnr over dal net be consumed ara a pcobilOoa on Oka dmqft of such fcc. Ixma3or may sot dine foes that are ?7acetabibed by this Secarityy 1st of ipy Law. N the Lassa a svbjoax to a law wbidr we n i Im t,'lttaa $K and that law is fi"y bmtpmd so that the rattier tar odwr tonal doots a odlOctod` or to to cdkcwd in connection wi8r tAtD Loan facorxd the perms and limit. than; (ae) any wb ben cbwp "be sedowl by do ametot. asoearory to asaaduc:e the charge to die parr bW link and (b) any saps olmady od leeled filet Dwower whim awooded permined 1aqalts wil! b0 tcfaaded rn Hamower Leader may dmw so maluo this a by redoc6tg We pldo*d awed wxW the Now or by mating a dk= payment w Bwwwa r If a wbW rpdaam priedpai. due n 6acdon will be ttrsmad as a pttrtlal p vprtymerit wAbaout any p mpaymant cbstye (whdher at no a papagmMA charge is provided for under die Nona:). DMOwgr'S aa90tapt8noe at 40y so* t+11n 1 It maft by 8boct payment to Borrower will constitute a waiver of any x*M of action BWrawer wkbt have, adft oat of such ov ge. -!(PA) tamp Pap t$ or to /1 _ Form'Oa9 t/Q1 6K1812PG2064 J.CONRAD 04/07/2008 07:23 7176957006 pAGE 34/51 0842707190 by BOCKOWOr Of a im wilt A* so=* amass be dwawd lo b*,v M Natiaa• mod= to bw' a wa t y ? i nadco be la wtitiog. Any M ?c cIs MW Of Wb= bean BV' So BoRrawaa• when aid by seas eons lx** to an Bitrovma ?naless autlM Natbe 0 my Ad be ? PtWcq 146M it Ma by adw =MOL bar nodae a IAMft- aa7roww of add n0*0 ad&V" vadw >? Seautft ?cumCat a my cam dame. At?j aattba q a do lm Londe lasavalm adY an4 it- or by Maft it bY *0 skin MA 10 La,adnE s ad?ss st?aed b?° wn, pc addc?a by j *WW" dig by ? nos be b we mmft A? LIM. the Apph+ *b Law svr i a ? naaar dais SOM* itu to he th,e coma{ t°?°'?$r,, RAW o r ?,' socua ti? pyowd 16. Ciorrers Law; + bwA All d0ft Md ab aces by edeasl 4w and the taw of aw 3 ; in wb * *11'sa?pe t4Y • is law. arcs sMirjeCtto MY m be x5apA but gm w* of iv*Wjy dbw aw pstd= ago some by comma Am* ? COOOML La can thu et my bec ved asapatits NctSoka wo ooa$Vam wl& A pmvwou of cJsmta of this 3aaxtckY or tha: Kota ?dch ccs¢t ? givou ofgect witb?ont the . Wit 0dw pwMaw of this Seca ity IWOMM shat! c4nf As Md in d* ? ,paeds Of the' (b MAMUUM $aain tae dar morn sad s noula wanb or W" card ,r v . t (c fatai . a a}di VOW0 wNwa my ob%Ww to U" bcb,Ac &a -W kAVWA0nL i i& P guy action- os?waer Is Gam,. Bumawa A" be si aw am WVY of the MW and of &b Secw* a 8 in Bararaww. As usad In d* Sctftg but not lWited t0. Of ft Illeverv Or Is. ? d or boad"k inrt in tia in *0 ?" en pct or escrow Memb t in e bond ft hood. cumact Lac docd, „ ama b emk i the isddtt a wi?ft is taro lrndw of nda by Ba mw w st a fift Aw to a? po is Bavown of 00 pWwMF or' borat in to ft* MY is to at %M it s lif aU or aagr pmt in ft,., ac is aid a crud} WNUM acta per' abonefi" iMacatt 1A ra of AD M= aneawed by this SwwitY trim ?, Ob apWu *0 am by Laww if each "W*6 is p by moo,' *4 if I,p r .wx Z aP*.? Landar W*a of nakm WWI Sec*K is d pa e d or not leas ow, 30 dap hm *6 dace tt DO** is &M is if Bar faIS 10 pay ft" mew wi n which r naat sip ? MY "Mod" by ahis saxctsity JavaW MW pw to tea; V#Ufta M. If „o„t a+o t mated at my,°°r 00F 14. Bam?rowat' a ZWK to dr, 00 aW two md° ms's a) &c ft iWd to !bum =MK 49 *b SO=* InMrOMM s Ob Of dw P mVerty p t0 My i? at to dma Ea?fif?tt vti ( a 6w Pew a Appy;cabk Law n?ttspm csi'y eaodi?s M wash Se> (t vba such of ? ? I and die Nato SS A& 10 sue'. () toy au Bisrowa: (ai P? I? afi MW wniah heart +av+dd be Win` cc "as; (c) PAYS if no weawtim had ooOM& (b) caress my doEmAt of an 4WPA) (") ,"•r•: Form $434 trot ?AS, is of Is G1{ 181 ZPG2065 04/07/2008 07:23 7176957006 J.CONRAD PAGE 35/51 004270'7190 ea mlm bcaared is aofarcigg We Scm* Iomunicul. indadm& but not limited m, ttmaond * alortheye foe, property i igWion and vaintttim fees, and 06W Feat incurred for the putpm of pcouctiag Leader's inI I P I in the Phvaty and d*m nodes this Saaerkyr Itutru mm and (d) tatka mm* scfipp as Lertdor may nesaoausbly MOM to assure that I.e idw's kmm t in the PMpwW and mite wider this Smmmify Icat mwent, and Boffower's obligation to pay ft sums seed by dds Sftatky bsa ,"coog ne WCWM ad. Lender arty require tint Bonewa poy smh adaiemteomm semis and F, V muses in an 4C aim of the f0gowlag faces, as selected by Lcndttr: (a) cask (b) money Bader; (o) WOW d wJr. bank edwde, tram Ws chock or cubier's dock. provided quay anch chock ie d mm apm so b mukdan wbm dqpft are insured by a federal agemy, J011100016ft or misty: or (d) Bladtoa to 'ltta afer. Upon fdomilmnift by &wowor, ft Rank SWW* IoaottimCat and vbgSmdam secumd hereby butt! ro mmtin Fully affisefim as if oo aooolmom had Gomm=& HOrvW.W. dam right a telmanec shall eat 4my in die alt's of aoccieradon credo se;ftm is. 20. Bak CC NW; Cbwo of Laos Serview; Nouns of (3rfevomm Ile Now or a partial ime m in die M* (Wg mbw with die Socm* 18MMUO can be *Ad iris or mare tines wlti ad prior aodoa to Borrower. A ads mi* max in a change its Oita a m*y (kw m ass Ow 'Lm Servkxe) that ©allacat Periodic PsynNaft due under the Note and this Security insdrhvavs and perf4rata alter mxtpp kern amid obl!igedoam under tie Note, M Swu tjr hm&==v4 and Applkaft Late. Tbese ebb vftk be am or trance charegp of the Low Saviour otuohtoed to a saki of the NM If Owe is a dmW of the Lone Savica, DWIDwoe wilt be gi" written nodcte of due d moge which wig ante tt>s mate and addmu of the pew XAmn Savica , to address to Wbich paymem should be made: aid my odhar ids RSSPA regef m in com®ectbo wkb a notim of winder of ser,rk4 H tie Noce is sold egad thaeatler dw 14m is wvimd by' a Lem Ser nicer aher dm des. pumbaaw of the Woes. the mottW bas strtvicbg ob to Han+owar wig tmtlin with as Loan Smi m at be hwta[sred b, a saocuum Loan Sere m and am mat assumed by a* Note pmdmer unless odawim provided by the Nota pwchases. Neither Borrower nor T.rertda may c ommm ere, join, or be joined m any *djdd action (as either an b6vidwd litigant at the me *= of a do* to Miser Pram do other putty's agdcas pwv mut to die Security Its mumtt or that afto dst the odu r pm W has b mashed any pmvWm of, cr ashy day owed by reum or, this Screechy lea meat, td atseh Borratvar or lewder has robtfxed die odter p" ('rids 3uCh notice given in csonipHence with dw requkancas of Section 15) of such atihBrd b mwh and afforded Mel ader party perm a retaomble, pmaiod after de giving of snap Aodoe tea nice munch" 2x:4oo.71 Applit AU Law? pmides a time pedod witch must dspm b*m cukk action m be Wham, tat years pe"wW be deemd in be remomble for POPO es O tflis paragraph. Tito nOtiC I of soce<atsllon and COP 0 k -13 to CM gNm ID >loaower POUVORt. to Section 22 and the notice of med slim given to Borrows puawAt to Semen 18 snail be deeamad to satisfy the notion and opportunity intake aotrecdve walnut p mvidom of this Sectlnn 20. 2L Hasardew Substamm. As wed in this Section 21: (a) "Hwrdpaa Subdane s" one O=c n*dmww ddWA as toxic or humdous submnces, poomsts, or wamm by BnvhteuPcvmt Law and the WOWiAg aubstaacex glacAW kerosene, alder #laawRhable or resin Pow prorhsi'" tttokic pests des and hubiCie m, vdalk mAycitts, asterisk eanatlifts m *am or hi maldehyde, and radia"ve sm erblx (b) "F.aviroarne Pal Law" memos Moral laws and hire of rho jw oo Wbow tie imp" b bCWd that relame to health, asfety or environmental prettuotiW (o) ",Envhommuentai C'lamw =Cluda any reuaose motion. romalial action. or renwval aesi m, as defined is F.nvieo wmtd Law; ad (d) an Vital Condition" means a CcstditM that con came, c Mtdbnte to. Of DOMWiee trigger an Bmriroranmtal Cleakamp. InMIeV• ? ?? ? -e(PA) kCOM) Page IS O# is A ForIM *M9 1M BK 1812. PB 2 0 6 6 04/07/20@8 07:23 7176957006 J.COIRAD PAGE 36/51 0042707190 t3orrawrx aaa11 not goes or Phi tae pt+eecam use, diapossl, L r rebba of srty bus 5afiageneea. or tareaten t0 tdearne , 0e Ot M tea . Btaoaoselr abal! oat do, ZrAranweew law (b) waicb ae910e or - ? ? ?I?re j?/ao0? Ow or % llarardoas $ebetaec?, aoaltel a bat advtxaeit? tae vaiete of tpa.. Ma ptnoediog two WMACOM sadi am V* ee tae pewee„ wtae. ar an tae of tA?graratlias at aaacsrdoas S flat ase b >s ID oarraatatild.rou and to 1I Of P?pa[ty b1K awe t9. aaiertrrrotat i?al e090110rer HarmwKr a pr+ais + so" I.eMo1Q wxifioo nodoa of (Al my citpna, domed. to wnk or bvewai* aim sctisaa by say gv ralow"d or Or praaNS pw-r the Pltopeotijr and spy UWzKdCtld SnbAaltewGa ar ""W Hatron?cr Ise tcrtew? 0. (b) soy . iocLaBad ba eat bm ted a%a?r lakes. dlawbrer>le, rlebsse a that of .? at sn? lb Pin as Sobmta Qk add (c) arty oolodWao caaiad by M pap"am nas or re 1, 1 of a Ilaaardans Wismoze W" adr jr AEKU to value of be Prtapaety. If Borrow k m % a is notMed by my swunumaw 0r Y. a ttag? p[i+nea tamtt?ral ct ttti,et retttstliuoee Of any Meadow ? tae Slopesyr ie aaegasiaery. Pew ptloe ? aaaeorarjr reo>edie[ acdow in 9tceeam wblc Law. Noftg Iexdca meat craft soy aiftaf 0e on Laodsr fa ao "-UNEKSM COVENAMS. Barrower and l eodor tamer cv- eisot and ssw its "0ws: s2. A eftap cal ikmaii< w Lsaiclierr still Sne me" do Bomvwarprler to sunkfa" folistt$ag Bawwara asucb of day eowtw" or now b !Lies Seftrft liaaerreueae ow am prior to aeodmmi9a entdar Stlef lB a A e psnvieios iwriit?aaysaaeili r Bcre+rrower 04 snow cow ta) des! tber r?oa to aan (c) ?t qre dtdltvlt mraa be caned; ad c4 rtt rre to dlt Gag +feAalrMt a alai ,r11e?Mlaa of dw aaams 9 D!' tzu Stapreily 1bee?tslre ba McNd awk 4f *t ftw". I.wdar sled tfrrllter bdarae Bors+ewar of tine d0 Yelre/aits a4bpr ae?d tbse ?t b avert i tae tea of a defaali or ollrtr deiioi9e of ierrader b aovdmnedaa a+id aw ttefiaelt is set of a IeA, :a ii '?raqldre imantdiota Pn' u 19oB of tM loco sew lbif Ioaleoaraet w?earet r dassaad ?sd au4 ferettosa flsiaa &euertty IlNOWNawtt l,eatisr s1uB be e b "ad all estpeaem iecea.rNl is POXIMAK the aaewoee a p+ fa 1 1 1, tadksa t brat rat Im" to, attorocya' fees dad ads of idle evideatY ta<t!s Nra b IAW. 23. RdML Upon pgmeat of A am i0cww by dris Sea r ft.Stlt~arlt ?aI?taras t? dad the cow asnvtYai sieeil WmkW 9rti baomsya wall, Aifet srcta ooegrseaca. leectri siuB add ad* "Saaaaib?1auman amt. 13= *a alnsft tevardssp?on cods leader ttts W dbaw borawit it ft far We %cpuW Deco, beet. if toe fad is potd to a taint p wW far sanlces It ftd and ft caargia Ow fs is l prod eaadar =Law, 24. Wafm& 8a wwas. b do aseps by ApplicAk 1". wasivm and rtlewt any mm, of defacoe in b t' iliie Iostt,eBOr?c„ and bascby waives as baeelit of a w rawa or f fm' fty of aM" GMMWM of fade, maesptime fim atui ml.lavp and salt, aW 2K weatatle mt ft*t llaorovaes time b reioalsie providod in SMdao 19 meat uftnd b one box prior o0 tb aoaeaawc oeet 0f i at a Am Ws a b or adw alp pxwma 10 Ws Soc w* bWaaemt. 26. PtereJtm Aawff b If ??rr o?f ft &*t smcmad by this Sam 7ashvueeot is last m Berm ver 10 aagaira dtie. ID the Pt0leeety. tbisIS"rrl" b et:[elt bats p wcbm money ?."7. Iritttst !fate Alter JndZtaeae. Baaarvor epees tort lice iepeeea ttMtti p able absr a ?pdgaoeae is t umad on do Nate at in a w6w of mortgage fteealoe t site!! be ttw ndo payebb f VM dlme m beat 09det floc Noce, lnhtda:?• 44"PA) 10M) Pap. 14 of is n t?L• Fern 3039 1101 BK 181 2PG2067 04/07/2008 07:23 7176957006 J.GONRAD PAGE 37/51 0042707190 BY SLGHM BELOW. Baafoww Wpb and opm to the tts and C&mw s amtoiaed in thin Seamy m att and in any Rifler execoW by Donowex and mmW wbb it. (Sao :.. -$oaorer 4 - Bo?aw*" •Borrowcr (Smo Sorruwor (Sad) swrw r 4-i(PA) rom) PW 1s of is -- ( fto -Bft"" et -. (Scat) -Bmowar _ (Sear 4Mrniwar Farrar 3010 1101 BK 1812PG2068 04/07/2108 07:23 7176957006 J.CONRAD N"'Q-T . 29-x'3 - 0042707190 Certir?4 of ?i aidet?ce .die F-t addt= of dte wkWu-nwW M xm= is 4060 EMMON WAY. IRVIM, 7Y 75063 witness m, Nana day A? COMMONWUALTH OF PENNSYLVANIA, On this, tb0 S Tf/ day of MA Y oMcu, petsonAy appcaced ANI*MO A17ARWL2 A 6IOYASM AM1=0= CU1Y,8Z7UAAO Cownty w 200") .before me, ft ? 38/51 , do hmby emify mgt boron to we (or a C- Xity Pte) to bo tho pmw(&) *boss no*) i*= subsrm#bed to the wiMW inswzmm w d &*nowled$W that lrq/3hrh oy cxccutod the same for the po herein o=Wjned, IN W(I1+ M VVHMWF. I ha=tD M My UWA W offidd My Cot?nie3= ftP'M: --/-29-2,004, Nowyftw ?t3ao, C..n?rwuwr,ey RAM go,xo?os - OfNmqn NaT?.cv E'L,e Iu of Ottlear Proo to of Is Wit": Form 3639 1197 8K1812PG2069 04/07/2A008 07:23 7176957006 J.CONRAD SCHEDULE "A" PAGE 39/51 ALL THAT CERTAIN piece or parcel of land, situate in U r Allen Jownship, Cumberland County, Pennsylvania, bounded and dowaibed as follows: BEGM"Ci at a point cc the north side of Sinclair Road, T-568, at the dividing line between Lots 6 and 7 on the hereinafter mentioned playa of lots; theme along the dividing line between Lots 6 and 7, North 17 degrees 02 minutes West, a distance of 14429 feet to a point; thence along the south side of Loruig Lane, North 72 degrees 58 minutes East, a distance of 90.44 feet to a point; thence along the dividing line between Lots 6 and S. South 17 degrees 02 minutes Bast, a distance of 143.79 feet to a point; thence along the north side of Sinclair Road; T-568, South 72 degrees 38 minutes 45 seconds West, a distance of 94.00 feet to a point, the place of BEGINNING. BEING Lot #6 on the Final Subdivision Plan for Poachtrea Village, as reaot+ded in the Recorder of Deeds Office in and for Cumberland County, PA, in Subdivision Plan gook 54, Page 103. I CL'i L1 .'y , . i,. !. L ,:•j ;?jll CLIP'<;ZJC ? i.i;'.u ? '..ii.il: v ??' L? 7?f Recorder of Deeds BK f 812PG2070 04/07/208 07:23 7176957006 J.CDNRAD PAGE 40/51 0042707140 ADJUSTABLE RATE RIDER (I Year Trm ry bmkN • Rate Caps) TITS ADAMTAIRA RAZE RUM is made this StLh any of Way, 2003 and is islcos wmd IM and llhtdl be deemed to amaod and Ott do Mot11101196, Deed of Tirust, at 3= ft Deed (tbe 'Scut * It>slrmtent7 of th0 sim 4m siven by do toWenived (the "Haaxcvavea+y b aeCN BorlfvwWs. Adjustable Rim NOB (*a !Now-) b FZRST unizoN Isom. LOAN Co"OItA xaff 0110 "Leads") of t11e *Ww date aad ca7vaft the property dc=gjed in the Secw* Irtatrw=t jwd k a led at 910 LORXNG UM, INSt:JI =CfiW=, Panasya.Timia 17055 Iftep"y Adchenl THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MOM MLY PAYMENT. THE NO'TG LIMITS THE AMOUNT THE SORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE, TIMH AND THE MAXIMUM RATE THE BORROWER MUST PAY. . A.DDrf2ONAL COVENANTS. Ia aidditioa to the covelm s sad agremerits made in the Secunty brut eat. Ha hone and Lender fwow wiewnt and a stee as follows A. gfrRRR" I' RATE AND MONTHLY PAYMENT CHANGES IU Not psuvkks far an idol iawnst no of 3.750 %.71m Note provittes for changes in the interest rate and tba mou for payments as follows 4. DrrR 1F$T RATE AND MONTHLY PAYMENT CHANGES (A) cbmp Data The 14W= r" I wilt pay may epaag6 on the frost day of JUaa, 2006 and on tha day every 122; month tbet+uAw_ Each date on which my int+aax care could chop is calbd a " CbsopDaW MULTISTATE ADJUSTABLE RATE RIb9R - ARM 5.2 -Single Family- Fannie Mas*roddle Una UMFORM IkMTRUMENT Freels Mae 4-VS-2/0-2 ARM 18428 (0009) Fwan 3,1111 7tet VMMPP MORTGAGE FORMS {ap4)521-y2gt BK 1812PG2071 04/07/2008 07:23 7176957006 J.CONRAD PAGE 41/51 0042707190 (B) The Iudex iae&ft with dht f m Change Date", my ia*nst rata will be based'on a4 IudwL I ft "BMW is rho we" avow yield on Ihuitod Stares Thy acwtilics adjoamd ro a txmsmnt maeurity of one yew ag made radleble by the Federal Reserve Board. The nu* xocent Ind= figme xvailabie as of dha 4m 45 days bye each Change Data w clod ft *C wTM lad=-" If do Index is no bngcr avahDdAr, dta Nord Hd drt wM choose a sew hhdex wbkb is bow upon aumpmable infoarmidom The Now Holder wilt give me notice of dhis choieee_ . (c) cakwkedan of changes Befew cub Cum" Door, the Nom Molds wM eOculm my now int roK rata by aMmg Two LAID Tl MM.- $ pft=mp points ( 2.750 9i) to the Canat mint. Tba Note Holder wA d a xotud the r+esuk of this ahidition to the nmhrat me-eigthth of am Peambge point (O.I25%). Suhjcct to the M WO stated in SMOon 4(D) below, this rounded amount wt'll be my mew Inform rala ttn* the ocxt Change Date. Tho Noac Hohler will thm determine tie amount of the Mu ft MAIM that woatd be suffCpOtt to rrglay dw unpaid ptincapei drat I am mpecled to owe at the Change Dace in fFhlt as the mabuity dude at my drew bowed rat in fly egwl pwhloontL Tito reaalt of this cdit anon will be the now stag m of my monthly pgymlent. (D) Lk alb an fabo and Rate Changes The interest rate I 'am regmtd to pay at the first Change Auto wilt not be greater than 5.750 rib of IM,fl m 2.750 %. Tbcnmhex, my. in%=# rtso w M saver be iuoreslsed or doueased on sty uwask Change Date by more than two pamen aw points (2.0%) hoot the rate of inunst I have been paying for the precoding 12 moa*L My interest roe wit never be ge+ aw am 9.750 S. (E) Rifedift Date of Changes • • My now interest rate wilt beavme cff=dvo on each Change Date. I wM pay the amount of my new monthly psymat beginning an Ow G= monthly payment date after the Cbmgo Dare wDO the amount of my momhly payment dlanges again. Irwtials• t'1 - , 4 a22R (oooe) Page a of 4 . OK1812PG2072 Farm $1111101 04/07/2003 07:23 7176957006 J.COWAD PAGE 42/51 (9) Notsoe of Clrsug" 7U Now Holder will "vw or a>aR to we a notice of sty dw*aa in my tons is o *W the amount of nay mfr payubm bdm the df«xive dale of any cdaigm My ash wit iocdnda h9brwWon required by law to be gives'so me and also dke title sad telephmio number of a peram who aill am m any question I may live rq rrdmg theAodm B: TXANSFM OF THE PRO MTY OR A BZNZnCX&L VfrlRWr IN BORROWER Sectim 18 of fife SemuAy butrument is amooded m read as Mawr. Trsiuaft of the Property or a BeaelkW Iataed In Btmrorww. As used in tics Section 18, "heat in the Ptop M' mewls any legal or bantO bd bum fi the Pttoputy. kerb dkg. but not limited w, dtose bewfidsl h4a wa aansfened in a band for dead. contract far deed, is t skies coid'sCt or escrow agrtanottt, the inknt of whlsh b the tt wds r of thin by 8onaW a a future dam to a puombaw. If all or SMy Plat, Of 160 Plropartr at arty InttzM In die Ptupeny is add Ot ttattsfetred (err if Bouawar is am a puts t person and a bbl inYesae- is Row ma is sold at umgfeutd) aitbout Lendces pdor vvduan consent. Laldar any requW istso&M p qmm m 1511 of all same 3wond by ibis Sec mity bo uteent However, dens option dM not be Madsed by Ldider if such eaerdso is prohibited by App9cabte Law. I.andsc also " not muetda this option if. (a) Boctorver causes to be s ibalsed to Leader' infgcmton tegwed by Leader so cvdeale the intended aandaw as A a new loan were being made b @t0 ttsnskan and (b) Lands seasonably d es tbat bender's sowky w81 not be impsinA by the loan wsensptiou sod tbmw tbio Halt of a breub of any covenant or agtrammlc in dib Secnritjr Isisrusift is wceowbk m Laidw. To the wmat permitted by AR% able Lsw, Lmdtr toter disap a poonabb fee as a con0dw to LaxWs consent to the loan umisvVdom Lt Ww miry alto mq=o the amde m to sign an assumption agteerrreet that b acespiabbe w I.eeddr and tilt obfigum the umud'erem to kmp &A the vain a and Wzments made in the Now and In mil SecwW In ttusnmtt Bossower will continue to be abbSowd under ttie Note and this Seouky InBtltment ualeea I.eotSer releases Batarowe` in Wring. If Lender cradles the option to require imme dIM payer in full. L eadet dial give Borrower notice of acceleration. Tito norm shall povida a ptxiod of no t I= thaw 30 days &orn the date the notice is giv= us ac c&d nce with Seed= 15 w" which Botrawcr mist pair all sums secured by this Socaciity Iasbxumt. If Bonowrer fails to pony don sums prior to the eapiasdau of this period, I.Oadcr may tavolm saly remedies permitted by dais Security Insnumeru without faftw notice or demand an Borrower 0042707290 4ftf22R (0008) Pago 3 of 4 8K 1812PG2073 Innis": Pi Form 8111 1101 04/97/2008 07:23 7176957006 J.CONRAD PAGE 43/51 r ? 00427'07190 BY SIC. M BKDW. Roffower scMm and agraex m tie a= and co mmts coat mW in this AdjuxW& Rm Rider. ?'? ' t?iy?•t?L'? Q.7'h? (sue ueramtXC AIUJV.UOLI _ r 0: dvzmm sor t -BorroweF ESr,?i) (Sap -Oorrawer • -Baro?wer (Sao (smo -$gnrovre! -$p?prrgt - (Seg) (se* -Ba r -Bonm"r 4ftAYIR (0008) Pays 4 of 4 BK 18 1 ZPG207 4 Form 9111 1187 EXHIBIT Al 0042707190 i ADJUSTABLE RATE NOTE (1 Year Treasury Iadex - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. May 5th, 2003 [Date] [Chyl Istatel 910 LORING LANE, NSCSANICSBURG, Pennsylvania 17055 [Propeny Addmssl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 134, 400.00 (this amount iS eailed "Principal"), i plus interest, to the order of the Lender. The Fender is FIRST HORIZON ROME LOAN CORPORATION I will make all-payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Now by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 3.750 %, no interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on July let , 2003 I will make these payments every month until I have paid all of the principal and inwreR and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due dam and win be applied to interest before Principal. if, on June let, 2033 , I still owe amounts under this Note. I will pay those amounts in fun on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. BOX 146 MSNPHIS, TN 36101 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 622.43 This amount may change. (C) Monthly Payment Changes . Changes in my monthly payment will reflect changes in the unpaid principal of my khan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE - ARM 5.2 - Single Family - Fannie Mae/Freddle Use UNIFORM INSTRUMENT Fannie Mae 4-2/5-2/6-2 ARM ?? 822N 10202) Form 35021!p71 VMP MORTGAGE FORMS - (600)521.7297 O Page 1 of 4 inhlata 1 _ . 0042707190 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates June, 2006 The interest rateI will pay may change on the fast day of , and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the fast Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon compatible information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Chan a Date, the Note Holder will calculate my new interest rate by ad& 7W AM T==- L';W percentage points ( 2.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Data The Note Holder will then determine the amount of the monthly payment that would be sufficient to may the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rata in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes 5.750 The interest rate I am required to pay at the rust Change Date will not be greater than % or less than 2.750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 9.750 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after die Change Date until the amount of my monthly payment changes again. (l) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the tight to make payments of Principal at any time before they we date. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may snake a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Pnepaymernt to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that ttte interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Form 3502 1101 4ft•022N 10202) Page 2 of a innate A • A i 0042707190 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has tat received the full amount of any monthly payment by the end of Is calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % Of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default. the Note Holder may send me a written notice telling me that if I do tat pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. ' (D) No Waiver By Note Holder ' Even if, at a time when I am in default, the Now Holder does not require me to pay immediately in full as described above, + Use Note Holster will still have the tight to do so if I am in default at a later time. j (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required the to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. 'Mis means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE Ibis Note is a uniform instrument with limited variations in some jurisdictions. In addition a the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, Form 9502 1101 (ow a22N (0202) Page s of 4 Inul.la: , 1K } 0042707190 Protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That + Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consexnt, Linder may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender irdmi taaon requited by Lender to evaluate the intended transferee as if a new loan were being made to the traadave; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lander. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Leader may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements j made in the Note anal in this Security Inslrumatt. Borrower will continue to be obligated under the Note and this Security Instrument unless reader releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower faits to pay dose sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. I i WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Ian ??n^-df?^ (Seel) ANTONIO ANDRSOLZ -Borrower (SM) -Borrower (Seal) -Borrower (Seal) -Borrower (Se d) a=OVaNX? ANDRSOLi -Borrower (sue) -Borrower (Seal) -Borrower (Seel) -Borrower [Sign Original Only] -822H (o2w) Pays 4 of 4 Form 9502 1101 EXHIBIT A2 04/07/2008 07:23 7176957006 J.CONRAD POSERY P. 2IECLEA THISDIED RECORDER, OF DEEDS ( IIMBERLAND C.OIIIITY- F 2- AQG-4 5 1' - -i ttsahttl wok ) MADE THE'f day of ftftmhe-r of the year art BET1VEEN ANTONIO ANDREOLI and GIOVANNINA ANDREOLI, his wife, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter called the GRANTOR, AND LEE O'ESTERU NG and PAULA OESTERLING, his wife, as 'T'ENANTS by the entireties of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter the GRANTEE PAGE 11/51 WITMSETH, that for and in consideration of One Hundred Twenty Nine Thousand ($129,000,00) lawful money of the United States and other good and valuable consideration to be paid 8t the time of refinance to the Grantor by the Grantee less the deduction of any liens, Grantors have granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents convey to the said Grantors, their heirs and assigns, all that certain piece or parcel of land, situate in Upper Allcn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the North side of Sinclair Road, T-568, at the dividing line between lots 6 And 7, on the hereinafter mentioned plan of lots; thence along the dividing lines between lots 6 and 7, North 17 degrees 02 minutes west, a distance of 144.29 feet to a point; thence along the South side of Loring Lane, North 72 degrees 58 minutes East, a distance of 90-00 feet to a point; thence along the dividing lines between lots 6 and 5; South 17 degrees 02 minutes East, a distance of 143.79 feet to a paint; thence along the North side of Sinclair Road, T-568, South 72 degrees 38 minutes 45 seconds West, a distance of 90.00 feet to a point, the place of BEGINNING. BEING in lot #6 on the Final Subdivision Planned for Peachtree Village, as recorded in the Recorder of Deeds Office in and for Cumberland County, PA., in Subdivision Plan Book 54, Page 103. BEING PART OF THE SAME PREMISIS which Peachtree Development Corporation conveyed by Deed dated December 27, 1990 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 34 Page 787 to Antonio and Giovannina Andreoli, husband and wife and the Grantor herein. tax. BEING a sale between parents and children anal therefore exempt ftotn the realty transfer Under and subject, nevertheless, to easernents, restrictions, reservations, conditions and rights of way of record. 600K 276 PACE2534 04/07/2008 07:23 7176957006 J.CONRAD TOG 111UR with all and singular the improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditamemts and apputmanees, whatsoever unto the hereby granted premises belonging, or in any wise appertaiuim and the reversions and remainders, runts, issues, and profits thereof; and all the estate:, right, title, interest, property, claitm.and demand whatsoever of the said Grantor, as well at law as in equity, of, in, and to the same. TO HAVE AND TO HOLD the said party of the first part, does covenant, promise, grant and agree, to and with the said parties of the second part, their heirs and assigns, by these presents, that the said party of the first part, has not done, committed, or knowingly or willingly suffered to be done, any act, matter or thing whatsoever, whereby the premises aforesaid, or any part thereof, is, are, shall or may be charged or encumbered, in title, charged or estate, or otherwise howsoever. INT WrT NESS WHEREOF, the said party of the first part have hereunto set their hand and seal the day and year above written. (SEAL) Antonio Andreoli vannina Andreoli (SEAL) Certificate Of Residence 1, Lee est_ erling Esquire. do hereby certify that the precise residence and complete post office address of the within named gran ts: 91 ring Lane, Mechanicsburg, PA Doss r Dated : September 1, 2004 Commonwealth of County of :ss: on this 2 9 day of AuG ux , 2006 before me a Notary Public appeared Antonio Andreola and Giovanniina Andreoli, krxown to me (or satisfactorily proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. PAGE 12/51 In Witness Whereof, I hereunto set my band and official seal.. I Ccrtifj this to be recorded In Cu> -lberlad County Notary Public= QW90"M 2t VANN,.: , .r RO EVA E. 0IF,I - Eft, Mdary Pd* P.morder of Deeds 800 276 ?AcE2535 EXKI$IT B PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF Florida ) Duval ss. COUNTY OF ) Kellie Rohling , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Va Vrejtak4 at Everhome Mortgage Company, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants accounts. 5. Defendants mortgage payments due December 1, 2007 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest November 1, 2007 through June 12, 2008 (Per Diem $26.68) Attorney s Fees Cumulative Late Charges May 5, 2003 to June 12, 2008 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $123,940.00 $1.00 $1,250.00 $185.84 550.00 $125,926.84 $0.00 $7,646.59 $133,573.43 7. Defendants have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff properly accelerated its mortgage to protect its interests. N?me: KELLIE Title: Vice F SWORN TO AND SUBSCRIBED BEF ME THIS DAY ?F. It r 2008 M . n Everhome Mortgage NOTARY PUBLIC .............. MICHELE L. FISHER oa ?8, Notary Public - State of Florida 2 M _ • « _w CG rnmtssion EVires Oct 7, 2008 Commission # DD 360829 OF F??? By National Notary Assn. File Name and Number: Lee Oesterline and Paula Oesterling # 90005 1 1 529 EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 176302 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 8120 NATIONS WAY BUILDING 100. JACKSONVILLE, FL 32256 Plaintiff N - nj _ m crr Co -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. pg -3.5 0,ivll Jeri V. CUMBERLAND COUNTY LEE OESTERLING PAULA OESTERLING 910 LORING LANE MECHANICSBURG, PA 17055 we h cm* #w w" tD be a truce and Defendants Corr" copy Md of ' record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 176302 A 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 #: 176302 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 #i 176302 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 9i 176302 1. Plaintiff is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: LEE OESTERLING PAULA OESTERLING 910 LORING LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/05/2003 ANTONIO ANDREOLI & GIOVANNA ANDREOLI made, executed and delivered a mortgage upon the premises hereinafter described to FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1812, Page 2054. The 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 12/01/2007 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 N: 176302 6. The following amounts are due on the mortgage: Principal Balance $123,940.00 Interest $1.00 11/01/2007 through 06/12/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $185.84 05/05/2003 to 06/12/2008 Cost of Suit and Title Search 550.00 Subtotal $125,926.84 Escrow Credit $0.00 Deficit $7,646.59 Subtotal $7,646.59 TOTAL $133,573.43 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 #: 176302 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. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). 12. Plaintiff hereby releases ANTONIO ANDREOLI and GIOVANNA ANDREOLI from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $133,573.43, together with interest from 06/12/2008 at the rate of $26.68 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 HALLIN& SCHMIEG, LLP By: LAWRENCE T. LAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE •-VANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff Fite #: 176302 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the north side of Sinclair Road, T-568, at the dividing line between Lots 6 and 7 on the hereinafter mentioned plan of lots; thence along the dividing line between Lots 6 and 7, North 17 degrees 02 minutes West, a distance of 144.29 feet to a point; thence along the south side of Loring Lane, North 72 degrees 58 minutes East, a distance of 90.00 feet to a point; thence along the dividing line between Lots 6 and 5, South 17 degrees 02 minutes East, a distance of 143.79 feet to a point; thence along the north side of Sinclair Road, T-568, South 72 degrees 38 minutes 45 seconds West, a distance of 90.00 feet to a point, the place of BEGINNING. BEING Lot #6 on the Final Subdivision Plan for Peachtree Village, as recorded in the Recorder of Deeds Office in and for Cumberland County, PA in Subdivision Plan Book 54, Page 103. PARCEL NO: 42-10-0644-041 PROPERTY ADDRESS: 910 LORING LANE File #-. 176302 VERIFICATION Ke11ie Rohling hereby states that he/she is of EVERHOME MORTGAGE COMPANY, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. DA Lom:9000511529 NdrtKELLIE ROHLING Vice President Title: Company: EVERHOME MORTGAGE COMPANY File #: 176302 LT EXHIBIT D ?. ,, 1 01 to302, f L+W MOMOfIAV E. OWWft LLC 42ErAM6m Sweat Mock PA 17055 (717} 790-5400 IN THE COURT OF COMMON PLEAS OF THE N JUDIOAL DMWCT CUbIDERLANH COUNTY, PENNSYLVANIA FIRST HORUZON BONK LOANS, A DIM M OF FOIST TENr1L?SSEE BANK NATIONAL ASSOCL47ION Ptekw V. LEE L ORSITSUI NG PAULA P. COMM3IRIMG Fats No. QE3W Civil Term : Civil Actim-lawfFmcloom ANSV +`R TO COMWI AIIN1' 94 FORECLOSURE AND NEW MAT RR AND NOW, con= the Defendants, Lae E. Oestraling SW Paula P. Oestaft and in sccp m of dA s Answer and New Matter aver as follows: 1. The Avaimeat in Paragraph ] is admitted. 2. Tlie Avameaat in Paragraph 2 is incm eet Wendeft addrm is 659 William way, Machaksbm& PA i7055. Dcfio& u are the equitow acul.leW owum of 91o Loring Lane, Ma ftoicsbucg, PA 17055. 3. The avamags in Paragraph 3 are admitteed. 4. The avaments in Paragraph 4 are admitted. 5. The averments in ParmgWh 5 ace adn"od sect to thoxymiants in Duet's New MatWr. 6. The awl in Paragraph 6 sm denied subxct to proa€ by Plaintiff at time of i trial. 7. Paragraph 7 requires no answer. 8. Paragraph 8 requires no answer as it is a statement reg the in rem rights of Plaintiff. 9. Pftgmph 9 is adn inv& 10. Paeh 10 is admitted. 11. Pamgmph 11 is admiftd.. 12. Paragraph 12 requires no answer. To tdw extent dint mz answer is required it is hereby denied. NEW MATIER 13. The prior Pamgmphs are inoorporated by reference. 14. The mortgage li"ty is in the name of Antonio An&eoli xod his wife Gievanna Andreoli. 15. Tine Antonio An dmoli was domed on September 4, 2007. 15. Giovanoa And reoli was deceased on February 5, 2008. 17. Dc&x+dant's acne the legal and equitable titleholders of the property by deed of the decedents' dated September 1, 2004. 18. Def ndari's .bane be= hampeed in their ability to pay the mortM due to the defame of a sales Agreement on the subject pwprrty and the won of dwademt Giovanoa Ardmoli's estate. 19. The property is listed for sae wide a Realtor- 20. The property leas dal equity. 21. The deutt We by fatocloeata would sabject the titleholders to a substantial loss that could be prevented by allowing the here to all via a private sale. WI EREFORF., De£eadant's regxx tfully request that the froclosure proaeedhw be stayed to allow for a reasomMe time to sell the propuly and cover aft oubbandift liens. a I verify did upon pwwnal knowledge ur inixomfim and beiie£ drat dw softmenb nv& in this Answer and Now Iodotk!r am tree and co nva I tad that false st dmm b bomin are made subject to floe penabies of 18 Pa c.s. § 4904, rcladqg t0 uoswotn falsification to audwddes. LAW P. t `J Daft_ +IQQ7 re G" 3 ., ' EXHIBIT E -?? , ?* *. tea Ww PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Scha . Esquire Identification No.:.,.! 107 N. Front Street ,'. Suite 115 w Harrisburg, PA 1714' First Ho ' dns, A Division of First Tennessee ank National Association Plaintiff VS. Lee Oesterling Paula Oesterling Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County, t? No. 08-3625-Civil Term Defendants, E1.A1NTi '. --1.V TO j2,EFENDANTS' NEW MATTER Plaintiff, First HorizooiLoans, A Division of First Tennessee Bank National Association, by its attorney, Joseph P. Sch4.; ;Esquire, hereby files the within Reply to New Matter of Defendants, Lee Oesterling and Paula Oesterling, and in support thereof, states as follows: 13. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through twelve (12) of its Complaint as if set forth herein at length. 14. Admitted. By way of further response, a copy of the Mortgage executed by Antonio Andreoli and Giovanna Andreoli is attached hereto, incorporated herein and marked as Exhibit "A". 15. Admitted. 16. Admitted. 17. Denied as stated. Defendants are the legal and equitable title holders of the property by virtue of a Deed granted by the now-deceased mortgagors, Antonio Andreoli and Giovanna Andreoli dated August 29, 2004. 18. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. Strict proof is demanded. 19. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. Strict proof is demanded. 20. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. Strict is demanded. 21. Denied. The averment of paragraph twenty-one (21) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Defendants have failed to provide any information concerning the potential and alleged substantial loss of equity that would result if the property is exposed to a foreclosure sale. Strict proof is demanded. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: September 9,2008_ BY: Jo P. chalk, Esquire ee Atto ey for Plaintiff r a i ., '`i '.. @4/07/2008 07.23? 7176957006 J.CONRAD (-b v .xw? r?xr•r w? .? w? ^?.v l l PAGE 17/51 RECORCED-O-FICE it THE i REC'RDE!; .F 6EEDS 0915ERLAh4 COUNTY-PA: i '90 DEC 27 Pty 4 23 z Mo- AU.. nrt Use F.r A ON 60001 MORTGAGE i T= MORTGAGE C 300011V IuprumIIIII Y &VI m ..... Aecambex.l7. ................................... 19.9A.... 7fie mortswc is ....AHiIRiSt.A UMMI. r od.C.lO6G1tN31i1.M=Uj..husburf. aod.tdfa ..................... . CBorrowen ibb security Inarrra" is Sim to . JJ011'1 IJIM.......I ............. .................................................. ........ Tot" is 011081120d rend eslstins ender the Jews of.ths.Qxquo toWt6.of PeonsylvaoJ& .... ........... tudwhoaaddrmis .t0 9octh•quam9fsNZ..... .. s.aeeaater«1110yiY403fa.26M ..... .............................................................................. ('Lender-). Borrower owes Leader swe psm*d sum of ..lliT$1Y.31EWAW.Alin A W t 000 AIM IIAN" -01 ............ vos.r?N s.3o moo ao......... iMt4&btitehdeaoodbyewrowWsaotaaatea thesamedmc w"Seewhyl wuw*WMote"), wbkbpmAda iornortthlypaymtms, witbtbcfiAdcbl. ifimpaid ember. due and payabb on ....lgaiuey .?r y(106 ................................................................ This Security Iostrnarapt secures to Lender: (a) the repaytttatt of the debt cvidicnad by the Note, with intent. and an tamewais, extendons and mod6cationx (b) the payment of ali other sows, with iossrest, advsiood enda paragraph 7 to protest thet %way of thb Security Instrument: and (e) rho performance of Borrower'k Oovenants and agreements undvlhis Saomity instrument mad the Note. Pot this purpose, Borrower does hereby modgasa.lrant and convey to I.endar the followingdacrW property Ioc, . in ..... twlvidpo£.AZIM ...................................... ....................... ombee]wrd•...Co-W.Paomyivania: SEE legral deseriptim attached hereto and fussing a part hereof. E BUG the ease peessia w oettV 7W to the vithla naawd eortgageea by Decd of even date aid intended to pe recorded aimaltanea sly herewith. THIS is a pscdtaae money eo"1W8a oven, to eeaae a portion of the pueelaaa price. which has the address of .. 1934*AR •MM r. ... .................................. ... Pemmylvaain .... nm...... N ............... rProp" Addnft-A TooVM wrm aA the impsovcmexb now or baeaRa erected an the propety. and A errsaaaM. surly appttrkaaaoeygrub,tvyahia,tttimenl,o?andracerutssadp vfit%warot;t4bbandtt o*andamfadwasnow orbeees1Wa part of the property. AN rspifo mmob mad addidoms d a8 also be eomW by this Stearity Instrosaat. Ail of the hswi is is r knvd to in this Security batsumaat as tbe'Ptopwy.• Btntttonren Ot)YFHAteTi tbsrt Bonevrer is iawittl4r gelled of the tittae lsueb7 asrrveyed and Irma the riglt to merttye. grantandconvey the Property and that the Pt Vartyisunatavmbered,exacptferanarmbri mofsecord. Barrowerwsrraeos and will defend dtaw+gy the We to the Property against A claims and dsmnndy subject to any dlawrbraness of record. - lumSeanuTy ItLTt7ctlmmToombitres w6um tw4usants for national use and non-edtatm commu wbh limited variations by pulsdicuoa to voundute a uniform seaway lattrumant covains mal property f: PENNSYLYANW-s.oe fsaay-nmsainvae unrrows msymuustrnr form moms Ixias Pumas ev wc+M.on.. oaNna sere bp(p( 909 FAC11156 04/07/2008 07:23 7176957006 J.CONRAD PAGE 18/51 UNIFORM COVENANT& Borrower MW Lender Covenant and agree asfGlowL• 1. Payment of Principal mad IntereM Prepayment and Late Charges. Borrower shell promptly pay when due the principal of and interest an the debt evidenced by the Note and any prepsymcm and late charges due under the Note. 2. Funds for Taxes and lasrranee. Subject to applicable law Otto ¦ written waiver by Leader. Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full. a cam ("Fwtds'7 equal to one- cifth of: (a) yearly taxes and assomments which may attain priority over this Security Instrument; (b) yearly kaschold paymcros or ground rents on the Propcriy, if any; (c) yearly hazard insurance pretniurns. and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may euimate the Fends due an the basis of currat data and reasonable eslimstn of furor; escrow items. The Funds aball be (held in Wnstitutioa the dcptW(s or acSounts of which are insured or guaranteed by a federal or state agency (including Lender If Lender is such an institution): Lender shall apply the Funds to pay the escrow itemL Under may not charge for holding and applying the Fends, analyzing the account or verifying the escrow itet M unless Lender pays &vmwer interest on the Fords and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law require interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to lkwrowcf, without charge, an annual amounting of the FuoJs throwing erudite mad debits to the Funds and the purpose for which each debit to the Funds was mate. The Funds are pledged as additional security for the gums scouted by this Security Instrument. If the amount of the Funds held by Lender,16Wher, with the future rnonthly payments of Fundspsyabk prior to the due dates of the cwrttw items, shall c Lcccd the anspunt required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due. Borrower shag pay to Ltndcr any amount neemary to make up the deficiency in one or more payments as required by Lender. Upon Payment in full of all sums secured by this $ecurity.Instron cut. Lender shall promptly refund to Borrower any Funds bold by Lender. if under paragraph 19 the Property is sold or acquired by Leader. Lender shag apply, no later than immediately prior to the sale of the Propctly or fit acquisitioo by Lender, any Funds held by Lender at are time of application as a credit against the stimsaeeured by this Security instrument. 3. Application of PaytaentL Unless applicable law provides otherwise, elf payments received by Leader under paragraphs I and 2 shall be applied: first, tolate charges dtic under the Note second, to pnpmymewt charges due under the Nan; third. to amounts payable under paragraph 2; fourth. to Interco due; and last, to principal due. 4. Cirarges;Llens. Borrower shall pay all taxes, assessments. charges,, firses and impositions sttribmxble to the Property which may atria priority over this Security Instrument, and leasehold payments or ground rests, if may. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not field in that manner, Borrower shall pay them on time directly to the person owed payment. Boner shall pror"dy6furnbh to Leader all notices of amounts to be paid under this paragraph. If Borrower makes these peymcuts.diroetly. Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payaatnt artits obligation secured by the lion in a mama acceptable to Lender, (b) contests in good faith the lien by. or defends against anforeenxat of the lien in, legal proceedings which in the Leader's opinion operate to prevent the cnfoe!d !neat of the lien or forfeiture of any pan of the Property; or (c) senores from the holder ol"he lien as agreement satisfactory to Lender subordinating the lien to this Security Instrumeat. If Lender determines that any pan or the Propeny is subject to a lien which may attain priority over this Smudty Iitstrutr ent, Leader taay give Borrower a notice identifying the lien. Borrower shall satisfy the ben or take one or more of the actions act forth abano within t0 days of the giving of twticc. . S. Ilasard Imsunnxe. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against toss by, fire, hazards iacluded•witbin the tam "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in thaaraounts sad for the periods that Lender requires. The insurance carrier providing the insurance shall be duim by Borrower subject to Lender's approval which soap not be unreasonably withheld. All insurance policies mad renewah shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Leander requires, Borrower shall promptly give to Lender all receipts of paid premiums tad renewal nott m In the event of loss, Borrower shall give prompt notice to the insurance carrier and Linder. Lapeer may make proof of tats if not made promptly by IMrrower. Unless Lender and•llorrower othmvise agree in writing. insurance proceeds shall be applied to restoration or repair of the Property damaged, if the reowatwn•or repair is ecordxnicaity I'e:sibin and Larders security is not lessened. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the insurance proceeds shaft be applied to the iums secured by. this Seurity.lostrument, whether or not. than due, with any excess paid to Borrower. If Borrower abandons the Properly, or don not answer within 30 days i notice from Leda that the insurnncc carrier has offered to settle a claim. then Lender may Collect the insurance proceeds. Leader any wte the proceeds to repair or restore the Property or to pay sums secured by this Security Instrummt. whether or not then dux. The-Oday period wftf begin when the notice is given. Unkss Lender add Borrower otherwise agree in writing, any applim im of ptoacds to principal shin not extend or postpone the duc dataof the monthly payments referred to In.paragraphs 1 and 2 or change the nmotlat of 111e payments. If under paragraph 19 the Property is acquired by Lender. Borrower's right to say insurance polities mad proceeds resulting from damage to the Property prior to the acquisition sham pass to Leader to the exteait orthe sumo secured by this Security . Instrument immediately prior to the acquisition. 6. Pnurvatiom ead Maintemnnn of Property; l ea sd Wda, Borrower shag tat destroy, daettngc or substantially change the Propeny, allow the Property to <kteritxate or commit waste. If•thk Security Instrument is on a IeaschohL Borrower shall comply with'thc provisions of the lease, and if Borrower acquires fee dik to the Property, the intehold and fee title shalt trot merge unless Lender agrees to the merger in writing. 7. Protection of Leader's Illghts in as Property; Mortgage insurs"M • if Borrower tams to perform the covenants and agmemeats contained in this Security Insiniment, or that is a legal proceeding that any dgnilleadlly affect Leader's rights in the Property (such as a proceeding In baltkruprcy. probate,, for eoademomtion or to enforce laws or regulations), tben Lender may do and pay for whatever $ necessary to protect the vahne of the Property and Lenders rights in the Property. Lendees maioas may Include paods any sums accurud by a Nom which has paodty.over this Security Instrument. appealing in court paying reasonable attorneys' foes &W-awing as the Property tomake repairs. Although. Lender may. take bottom under t hit; paragraph V. i eadetdoes am have to do so, Any amounts disbursod by Lender under this p &fW&ph 7 shalt become additional debt offlofrower secured by this Security Igstananemr. Uakm Borrower and Lender a to Other Urme of psynnmt. tone satsawts slap but interest from the date or disburumeni at the Note rate aced sMn be payable, with intnat, upon notice frog Leader to Borrower requesting p yane lL 60?( t?vy 1' X1157 CONPAD PAGE 19/51 04/07/2006 07:23 7176957006 u Leader ttttptined suortgsge Somtnmoe tat a wodkfon d tttrtkirng the foss taeottead br this 3aenttf4 tmtr+aoasir Borrower a"ptgr the premiums required to naiwin the lawman to ed cal mug a" base as flat ogainanettI for the 'Wouttax to rtniaatesirtaceardaatx with8oreonersand Leader's writ"M agresstreatat?pPdofltksinr. V. ttapeefws. Louder or its agent may mare reasonable envies upon and inspections d the Plopem- leader sisall give Borrower stark ex at the tiara d oe prior to tn? iaspettioos apadYiag rmonabie cans. for cite iaepaotior. !. f ndesptNlea. The proceeds of say "ardor dWe for damaage%. direct or co segeetuis{, in connection with any condemnation or other taking crony pus of the Prvpsny, or for conveyance in Neu of coOdeamatiM are hereby assigned and shalt be paid to Lamm to the event of a total taking of the Property, tee proceeds shall be applied to the was secured by this Security Instrument, whether or not then doe, with any excess, paid to Borrower. In the tow of a partial taking of the Property. unless Borrower and Leader otherwise agree in wr tiq;, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the foliowin Fraction: (a) the total aunoaru of an sums soeared immediately bdorc the taking. divided.by (b) the fair market value :rata Pn" V immediately bdore the taking. Any balanoe shall be paid to Borrower. If the Property is abandoned by harrower. or if, after notice by Lender to Borrower thole the eondeamor offers to make ¦n award or soak a claim for damsgn, Borrower fails to respond to Lends within 3t1 days after Our date the notice is given, Lender is authorized to collect and apply the proceeds. at its option. either to nestorstion or repair of the Property or. to the sums secured by this Security Instrument, whether or not thds due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the sawunt of snob psyments. 10. Borrower Not Released; Forberraose by Leader Not a Waiver. Extension of the time for psymeot or modification or amortization of the suss accurad by this Security Instrument granted by Leader to tarry saeeessor in interest of Sourower shag not operate to release the liability tithe original Borrower or Borrower's successors in interest: Lender shall am be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization tithe same muted by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest. Any focbcarancc by Lender in exuebing any right or remedy shall not be a waiver afar preclude the exercise of say eight or remedy. IS. Successor* sad Assigns Boandl Joint and Saveral IJah lay,, Co-sigaels. The covenants cud agrecorenti of this Security Instrument shalt lend and bene8l the suoe: ssors and assigns of Lender and Borro•rm, satgect to the provisions of paragraph 17. Borrower's covenants and agreantuts shall be*m and several. Any borrower who eo4*= this Security Instrument but does not exeaate the Note: (a)la c"ping Ala Security instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is ant personally obligated to pay the sums secured by this Security lnstramem; and (c) agrees that Leoder and any other Borrower may agree to extend, modify, forbear or make any aeepmmad salons with regard to the terms of this Security Instrument or the Note without that Borrowo's consent. 14. Loan Charges. If the loss secured by this Security Instrument is subject to a law which sets maximum ban charges, and that law is finally interpreted so that the )sacrum or other loan charges collected of to bi colleted in connection with the loss exceed the pe;rmhisd Wale, then: (a) any sueb loan charge sisal be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any saw already calmed from Borrower which exceeded permitted limits will be refunded to aorrower. I ender may choose to make this rdond by roludng rhea principal owed under the Note or by making a direct payment to Borrower- Ua refund reduces principal, the reduction will be !nested as a partial prepayment without any prepayment charge under the Note. 13. Leg41ador Alfeathcg Leaderls Righas. If enactment or expiration of applicable laws has the elect of rendering any provision of the Note or this Security Instrument eneasrorc able according to its terror. Lender, as its optiom may require immediate payment in sari of all sums secured by this Security Instrunrant and may Invoke: say remedies permitted by paragraph 19. If Lender curckes this option. Lender shall take the seeps specified in the second Paragraph or paragraph 17. 14. Notices. Any notice to Borrower provided for in ibis Security Instrument shall be given by dehiering it or by mailing it by Ant class "I unless applicable law requires use of another method. The notice 'ahaq be directed to the Property Address or any other address Borrower designates by notice to Leader. Any mice to Lender shall be given by first elass mail to Leach's ad&cu stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender wkis given u provided in this paragraph. is. Coversidm Law, Severability. This Security Instrument shall be govcmeO by Wool taw and the W- of the jurisdiction in which it* Property is located. In the event that say provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shah out atl'ect other provisions or this Security instrument or the Note which can be given e)roct without the conflicting provision. To this Mal the provisions of this Security Instrument and the Note arc declared to beteverabie. 16. Borrower's Copy. Borrower shall be given out conformed copy of the Note and of" Security Instrument. 17, Transfer of the Property or a Donalletal Interest Is, Borrower, if all or any part of the Property or say interest in it is sold or transferred (or if a 6utelicitl interest in Borrower is sold or transferred-and Borrower Is sat a natural person) without Lender's prior written wnsem, Lando may, at its option. require immediate payment in fait of all sums stunted by this Security Instrument. However, this option shall not be exercised by Lender if exerdse is prohibited by federal law as of the date dthis Security Instrument. If Lender exercises this option. Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less titan 30 days from the data the not loe is delivered nr mailed within which Borrower must pay all suers secured by this Security Instrument. If Borrower fails to pay thest: sump prior to the expiration or this period. Lender may Lvokc any remedies permitted by this Security lrntrumevkmithout further notiteordewnndon Borrower. It Borrower`s Right to RehWate. If Borrower meets certain conditions, Borrower shall have the right to have eaforcement of this Security Instrument discontinued at any time porky to the earlier of- (a) S days for such oil= period as applicable law may specify for reinstatement) before isle pf the Property pursuant to any power of ask contained in this Security instrument; or (b) entry of a Judgment enforcing this Security Instrument. Those conditions arc that Borrower: (a) pays Lender all sums which then would he due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Security, Instrument, including, but um limited to, reasonable attorneys' fas; and (d) takes such action as Leader may reasonably require to assure that the lien of this Saeurity•inunment. Lender's rishts in the Propeny and Borrowers obrigatian to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security instrument and the obligations secured hereby shell remain fully elective as if so acceleration had occurred. However, this right to rcimtate shall not apply in the case of acceleration under paragraphs 13 or 17. "Di 999 PAMU58 04/07/2008 07:23 06 J.CONRAA i tt 71769570 PAGE 20/51 NON•UNFFOItM CovENAWs. Borrower and Lendafurther covenant and agreeos follows: 19. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of say covenant or agreement to this Security instrument (but not prior to acceleration soft paragraphs 13 and 17 sehess applicable law provides otherwise. tender shall notify Borrower #4 snmsg otber'thlow (a) the defaoh. (b) the action required to cure the default;, (r) when thedefaalt mast be cured; and (d) titan failure to cure the default as Wei tied may result in acceleration of the soon secured by this Security instrument, foreclosure by Judicial proceeding and sale of the Prdperty. Leader shall further inform Borrower of the right to reinstate after sccekratioo and the right to assert in the foreclosure proceeding the son-existence of a default or say other defense of Borrower to seceleratioo and foreclosure. If the default is not cured as specified. Lender at its option may require Immediate payment Is NO *fail son secured by this Security instrument without fartker demand and may foreclose this SecaNty iostrumatt by Judicial proceading. Leader shall be entitled to collect all expenses )acorred in pursuing the remedies ptwvided M this paragrapb It. iactudiag, but not limited to, attorneys' fees and cum *(title evidence to the extent permitted by sp~k law. 20. Lender is 6ssessloa. Upon acceleration under paragraph 19 or abandonment of the Property, Leader (in person. by agent of by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Prep any including those past due. Any teats collated by i.asder or the receiver shall be applied firm to payment or the cats or management of tke Property and celtection of rests, including, but not limited to, receivers lets, premiums on receiver's bands and rasaaable agtorfKys' fees, and then to the sums secured by . this Security Instrument. 21. Release. Upon payment orall sutras secured by this Security instrument, Lender shall.dneharge this Security Instrument without charge to Borrower. Borrower shall pay any recordatlon costs. 22. Reinstatement Period. Borrowers time to reinstate provided in paragraph IS shall extend to one how prior to the commencement of bidding at a sherili s sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. irony orthc dobt secured by this Soeutity Instrument is lent to Borrower to acquire title to the Ptopeny, this Security; lastryment shall be a purchase money ttwrtgaae. 14, Interest-Rate After JudRatese, Borrower agrees that the interest rate payabk after s Jud6inent is entered on the Note or in an action of mortgage foreckwore shairbe tide rate payable from time to time under the Note. 25. Rlders to this Security lnstraresL If one or more riders-are executed by Borrower and recorded together with this Security Instrument. the covenants wW agreettaats oreach such rider shall be incorporated into and shaft amain and supplement the covenants and agreements of this Security Instrument as if the d4a(s) were a part or this Security instrument. (Check applicable box(es)) 0 Adjustable Rate Rider' Q Condominium Rider ? 2-4 Family Rider Graduated Payment klider © Massed Unit Development Rider ® Other(s) (specify] logai description BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants omtainod in this 'Secority A lnslr lment and In any rider(s) executed by Aonowtr and rocofded with it. Q` Wttntsses: ?j? f? ,r owmww n.aVut,al..» .." ` ..„•:» ............. (Sat) ».... » ............ G ennina Andteoli -aa ~ Isaias asbv Tar tan 14r adaswsdon.tal C,OAtMOkWEALTH OF PENNSYLVANIA...... "' Cotton": on this, the .....22th.. day of.. December.. ..... ., 19.20........ beforo sae. 4L accmT.pu d;lo ................ .... ...... the undentgaed officer, persossft appeared .. ANKM A11101111N.I.and.............. ..... C)ti7i1$titl>IA A110[tOU r. husbtnd.and.wife ......................................... kwwa to we (or eatidadmily Proven) to be the persons...... whose naryK.s erne subscribed to the within instrument and aekoowiedlitid that .... d. ............. executed the same for the purposes herein contained. IN WnWESS WHEREOF. I beroupto set my bond and Ieial seal. My commission expires: I. tAJ4,. ............... . -. 14 aa(Mlal s[µ ........................... ...... iWWli1".............................-... xaruc[Ea ?[ Casa. eatKr subtle tuw+4en loeer>,?a. CesturlaM Eawty ray Gtn+ssstoa Easlret aprnl a. t1s7 ... State of Pennnyhools County of Curilixidm tJ S$ f Renwded in the (tnWet for trio r'et "dip j der a: teal f and ? --PON 9 j witness my ? ?• 040L Cark, PA dw eI ileoOrdK `" I A 4e n•,'. . iool( 990 PAS f 159 ...?_ . c!alA7/2008 07:23 7176957006 J.CONRAD 9 r1?? DESCRIPTION rrd RECITAL ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH SIDE OF SINCLAIR ROAD, T-568, AT THE DIVIDING LINE BETWEEN LOTS 6 AND 7, 2N THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 6 AND 7, }TORT" 17 DEGREES 02 MINUTES WEST, A DISTANCE OF 144 29 FEET TO A POINT; THENCE ALONG THE SOUTH SIDE OF LORING LANE, NORTH 72 DEGREES 58 MINUTES EAST, A DISTANCE OF 90.00 FEET TO A POINT; THENCE"ALONG THE DIVIDING LINE BETWEEN LOTS 6 AND S, SOOT" 17 DEGREES 02 MINUTES EAST, A DISTANCE OF 143.79 FEET TO A POINT; THENCE ALONG THE NORTH SIDE OF SINCLAIR ROAD, T-568 SOUTH 72 DEGREES 38 MINUTES 45.SECOtiDS NEST, A DISTANCE OF 90.00 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT #5 ON THE FINAL SUBDIVISION PLAN FOR PEACHTREE VILLAGE, AS RECORDED IN THE RECORDER OF DEEDS OFFICE IN AND FOR CUMBERLAND. COUNTY, PENNSYLVANIA, IN SUB- DIVISION PLAN BOOK 54, PAGE 103. BEING THE SAME PREMISES WHICH PEACHTREE DEVELOPMENT CORPORATION, BY DEED DATED DECEMBER 2.7 1990 AND RECORDED DECENBER,a'7 1990 IN THE RECORDER OF DEEDS OFFICE IN AND FOR CUMBERLAND COUNTY, GRANTED AND CONVEYED UNTO ANTONIO ANOREOLI AND GIVANNINNA ANDREOLI, HUSBAND AND WIFE. l '? S Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: S=temher 9,_2008 $y: ?O J P. chalk , Esquire Attorney for Plaintiff 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk. Esquire Identification No.: 9, 6 107 N. Front Street',':Y T. Suite 115 Harrisburg, PAS Attorney for Plaintiff First Ho A Division of First Court Of Common Pleas . of . i .. jTenness ational Association Plaintiff Civil Division i vs. Cumberland County Lee Oesterling No. 08-3625-Civil Term Paula Oesterling Defendants IN OF SERyjCF. I certify that a true a correct copy of Plaintiff s Reply to Defendants' New Matter was sent via first class mail to the person listed below on the date indicated: Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Date: Sent erg, 90OR ?j J s h P. chalk , Esquire Attorney for Plaintiff E T F XHIBI V ACT 6/ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: April 28, 2008 TO: Lee Oesterling Paula Oesterling 910 Loring Lane 910 Loring Lane Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Lee Oesterling and Paula Oesterling PROPERTY ADDRESS: 910 Loring Lane, Mechanicsburg, PA 17055 LOAN ACCT. NO.: 0042707190 ORIGINAL LENDER: First Horizon Home Loan Corporation CURRENT LENDER/SERVICER: First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of design consumer credit counseling agencies for the county in which the propeg + is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions and Phelan Hallinan & Schmieg's PHFA department. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender on your property located at: 910 Loring Lane, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 12/01/07 through 4/01/08 at 2 @ 1,980.05; 3 @ 1,853.58 per month. Monthly Payments Plus Late Charges Accrued NSF: Inspections: Other - Additional Fees: (Suspense): Total amount to cure default $9,706.68 $0.00 $0.00 $60.00 0.00 $9,766.68 ' See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A * HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $9,766.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (301 DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: PHELAN HALLINAN & SCHMIEG, LLP, One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103-1814, Attn: Reinstatement Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable. N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgageprouerty. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAL If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rit to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs We as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attention: Reinstatement Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE You may or X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise the debt will be assumed to be valid. Likewise if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, PHELAN HALLINAN & SCHMIEG, LLP Cc: First Horizon Home Loans Attn: Lee Ann Baker Account No.: 0042707190 FH/mas Mailed by 1" Class Mail and by Certified Mail HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/1512007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship,Inc. 2320 North 51h Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Ex-gIBIT G` r fTI??1. 10 Nis. A :.W. CD I =?V V 3. A N of Q N 3 m m A? "•? Z N a= r 14 ?. m , 1/41 1'1 m ;.. ? m e) m m .: In N T;Ci:lY,.. W 61Nm?i m.v?N m 4 .m m W N Est A 8f m ®. to y m 161 -?. o r N j - I t I?IN Oo f N ? MV V I :, . 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Oo vl ° ? ? vl 1 :: z ! M m ...: \m m m m T : pT m ?Sm m! m in V) N M N r ?+ r 1 1 1 M N I.S. N C1 01 G1 h OI Okj' :..ry OI 1-1 1? 1.. IJ N i m m ??lYii?:t?4 9 m ')F! 0 AM 1+ r 3 u M Mm N 1 1 ss? . i "? 1 11[ 1 1 1 1. 1 1 1 - 1 t / 1 mC 1 1 1 x I 1 -1 1 m 1 .'Y 1 m 1 vl 1 -.-.9z ra 1 ?p m 1 a m 1 1 M3 G 1 \ 1 r 1 1 .iiL'•? 1 1 1 1 1 1 1 1 ?' 1 1 1 . . 1 . 1 yQ ? 1 m En ?0 1 1 m ? 1 1 s I 1 +? 1 1 1 I 1 1 y 1 1 1 1 1 1 1 1 ! 1 N r m:°xP A ' ?1 M v A W:re m_r, ? . me' ?D Mr. m m xQ,? ?i L 1?Yd F G i : i ?e r `i EXHIBIT K PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 320-0007 EXT. 1382 Fax(215)568-0719 Email: FCResolution@fedphe.com Facsimile tansmittal To: LEE OESTERLING Fax: 717-691-9435 Attn: Date: 7/23/2008 From: Erin Kee Pages: 4 including cover sheet Re: Loan #: 9000511529 ? Urgent ? For Review ? Please Comment ? Please Reply ? PWm Recycle Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have 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 lice against property. As of the date of this communication, you awe the amount specified. Bemuse of interest, late charges, and other charges that may vary from day today, the amount doe on the day yea pay may be greater. Hence, if you pay the amount shown above, on adjustment maybe necessary after we raeive your check, in which event we will inform you before depositing the cheek for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 320-0007 EXT. 1382 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department July 23, 2008 Sent Via Facsimile Re: OESTERLING, LEE 910 Loring Lane, Mechanicsburg, PA 17055 Acct: 9000511529 To Whom It May Concern: Representing Lenders in Pennsylvania & New Jersey In accordance with your recent request, please find a reinstatement figure in the amount of $18,330.80, which is the amount needed to bring the above account current with Everhome Mortgage. Funds must be received in our office by 8/01108 in order to process and forward to our client. Upon submitting payment, please note the following: Personal checks will not be accepted. Certified funds purchased from a bank and money orders. Title company and attorney escrow accounts checks, are also acceptable. All checks must be made payable to the mortgage company stated above, and forwarded to Phelan, Hallinan, & Schmieg, LLC. Include account number on the check for proper identification. it is possible that additional expenditures may be incurred by either the mortgage company or this firm in the interim period between the time these figures are generated and the time monies are tendered. M this event, only the FULL monies will be-accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Erin Kee Phelan Hallinan & Schmieg, LLP Foreclosure Resolution Department Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have 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. ' As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 320-0007 EXT. 1382 Fax (215) 568-0719 Email: FCResolution@fedphe.com Erin Kee Legal Assistant Reinstatement Figure Representing Lenders in Pennsylvania & New Jersey NAME: OESTERLING, LEE ACCT. 0307682539 DATE: July 23, 2008 Good Through: 8/01/08 Total Payments Due $16,624.60 Late charges $309.70 Property Inspections $15.00 Prothonotary of Cumberland County Costs $78.50 Sheriff of Cumberland County Costs $250.00 Additional Foreclosure Costs $403.00 Attorney Fees - $650.00 TOTAL $18,330.80 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING PAYMENTI Phrase be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have 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. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check. in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 215-320-0007 EXT. 1382 Fax (215) 568-0719 EMAIL: FCRESOLUTION@FEDPHE.COM PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (if different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have 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. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount doe on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after we receive your cheek, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement ikpartmeut. • User ID: EKURTZ f TO: Name: LEE OESTERLING Company: Fax Phone Number: 1717-691-9435 Contact Phone Number: Info Code 1: Info Code 2: Sent to remote ID:717 691 9435 Sent at:Wed Jul 23 11:48:00 2008 Sent on channel 7 Elapsed Time: 1 minute, 56 seconds Transmission Status (0/339;0/0): Successful Send Page Record: 1 - 4. ------------------------------------------------------------------------------- Sent to remote ID: Sent at:Wed Jul 23 11:42:07 2008 Sent on channel 7 Elapsed Time: 0 minutes, 48 seconds Transmission Status (0/325;0/0): Remote end was ringing but did not answer Page Record: NONE SENT. ------------------------------------------------------------------------------- • a f PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 320-0007 EXT. 1382 Fax (215) 568-0719 Email: FCResolution@fedphe.com Facsimile transmittal To: LEE OESTERLING Fax: 717-691-9435 Attn: Date: 7/23/2008 From: Erin Kee Pages: 4 including cover sheet Re: Loan M 9000511529 0 Urgent ? For Review ? Please Comment ? Please Reply O Please Recycle Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have 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. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Heave, if you pay the amount shown above, as adjustment may be necessary after we receive your check in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7009 and ask for the Reinstatement Department. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 320-0007 EXT. 1382 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department July 23, 2008 Sent Via Facsimile Re: OESTERLING, LEE 910 Loring Lane, Mechanicsburg, PA 17055 Acct: 9000511529 To Whom It May Concern: Representing Lenders in Pennsylvania & New Jersey In accordance with your recent request, please find a Payoff figure in the amount of $141,281.95, which is the amount needed to satisfy the above account with Everhome Mortgage. Funds must be received in our office by 8101/08 in order to process and forward to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Certified funds purchased from a bank and money orders. Title company and attorney escrow accounts checks, are also acceptable. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan, Hallinan, & Schmieg, LLC. • Include account number on the check for proper identification. • It is possible that additional expenditures may be incurred by either the mortgage company or this firm in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Erin Kee Phelan Hallinan & Schmieg, LLP Foreclosure Resolution Department Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have 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. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your cheek, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. a 1 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 320-0007 EXT. 1382 Fax (215) 568-0719 Email: FCResolution@fedphe.com Erin Kee Legal Assistant Representing Lenders in Pennsylvania & New Jersey Payoff Figure NAME: OESTERLING, LEE ACCT. 0307682539 DATE: July 23, 2008 Good Through: 8/01/08 Principal Balance $123,940.00 Late Charges $309.70 Property Inspections $15.00 Interest Due $7,181.41 Escrow Advance $8,427.34 Recording fee $27.00 Prothonotary of Cumberland County Costs $78.50 Sheriff of Cumberland County Costs $250.00 Additional Foreclosure Costs $403.00 Attorney i'ees - $650.00 TOTAL l$141,281.95 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING PAYMENT! Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have 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. As of the date of this communication, you owe the amount specified Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after we receive your check is which event we will inform you before depositing the check for collection. For further information,' write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. ........... . PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 215-320-0007 EXT. 1382 Fax (215) 568-0719 EMAIL: FCRESOLUTION@FEDPHE.COM PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this firm is a debt collector attempting to collect a debt Any information received will be used for that purpose. If you have received a discharge is bankruptcy, mud 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. As of the date of this communication, you owe the amount specified. Because of interest, late cbsrges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown shove, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. -o A VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of his 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 unswom falsification to authorities. V &0`6 By: - Date Jo h P. Schalk, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHM EG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. Lee Oesterling Paula Oesterling 910 Loring Lane Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 08-3625-Civil Term : Cumberland County CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Argument Praecipe, attached Exhibits and Order were sent via first class mail to the person on the date listed below: Lee Eric Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 Date: By: h . Schalk, Esquire Attorney for Plaintiff e-? ? -s? 2 tF' ? ?? ??. .,.+ 9 ?.` ?-t ? ` ? ? N PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL SHAH-JANI, ESQUIRE Identification No. 81760 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHS 1 76302 First Horizon Home Loans, a Division of Court of Common Pleas First Tennessee Bank National Civil Division Association 8120 Nations Way Building 100 Jacksonville, FL 32256 Cumberland County Plaintiff No.: 08-3625 Civil Term VS. Lee Oesterling Paula Oesterling 910 Loring Lane Mechanicsburg, PA 17055 Defendants PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion for Summary Judgment filed on or about October 24, 2008, without prejudice. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP DATE: Id ?- 0 P BY: Sheetal Shah-Jani, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL SHAH-JANI, ESQUIRE Identification No. 81760 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHS 1 76302 First Horizon Home Loans, a Division of Court of Common Pleas First Tennessee Bank National Civil Division Association 8120 Nations Way ; Building 100 Jacksonville, FL 32256 Cumberland County Plaintiff No.: 08-3625 Civil Term VS. Lee Oesterling Paula Oesterling 910 Loring Lane Mechanicsburg, PA 17055 Defendants CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to withdraw Motion for Summary Judgment, was served by regular mail on the following parties on the date listed below: Lee Eric Oesterling 42 East Main Street Mechanicsburg, PA 17055 Paula Oesterling 910 Loring Lane Mechanicsburg, PA 17055 DATE: 1d O$ PHS 176302 -2t-A Sheetal Shah-Jani, squire Attorney for Plaintiff u7 z to ucs PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Identification No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loans, a Division of First Tennessee Bank National Association 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. Lee Oesterling Paula Oesterling 910 Loring Lane Mechanicsburg, PA 17055 Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: 08-3625 Civil Term PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. X Please mark the above referenced case Settled, Discontinued and Ended. PHS: 176302 r" Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: PHS: 176302 sc?'? F 1 &442?-1 Daniel G. Schmieg, Esquire Attorney for Plaintiff a t Cil ts?