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HomeMy WebLinkAbout08-6820 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 I)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 173953 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 Plaintiff V. SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM O V I/ NO. U - V f do CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 173953 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 (717) 249-3166 File #: 173953 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34475-9078 2. The name(s) and last known address(es) of the Defendant(s) are: SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/13/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1969, Page 4247. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written'notice sent to Mortgagor, the entire principal balance and all interest due thereon are' collectible forthwith. File #: 173953 6 The following amounts are due on the mortgage: Principal Balance $106,008.81 Interest $8,382.72 09/01/2007 through 11/17/2008 (Per Diem $18.88) Attorney's Fees $1,325.00 Cumulative Late Charges $405.84 10/13/2006 to 11/17/2008 Cost of Suit and Title Search 750.00 Subtotal $116,872.37 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $116,872.37 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 173953 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $116,872.37, together with interest from 11/17/2008 at the rate of $18.88 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. PHEL 7p5v SC HMIEG LLP B v?)? Y• LA C T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL 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 #: 173953 s K } X{{CIADER OF DEEDS OCT 19 AN 8 50 [Space Above Tbb Une For Rewrdtng Data] MORTGAGE MIN: 100029500013776665 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, It, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated October 13, 2006 , together with all Riders to this document. (B) 'Borrower" is Shawn M. Cline. Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. HERS Is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Taylor, Bean S Whitaker Mortgage Corp. Lender is a organized and existing under the laws of FL Lender's address is 1417 North Magnolia Ave, Ocala, FL 34475 (E) "Note" means the promissory note signed by Borrower and dated October 13, 2006 The Now states that Borrower owes Lender One Hundred Seven Thousand and no/100 Dollars (U.S. $107.000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 01, 2036 (I) "Property" means the property that is described below under the heading '"Transfer of Rights in the Property." (G) '7.oata" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 001 OREATLAND ¦ ITEM T21SOL1 (0011!-WFHI (Page I of 16 pages) To Order Cal: 1-WO-S3P9393O Fax: 616-791-1131 III MIMlI1111WVI11111IaNININIIN IIIIIIIIIIAI EXHIBRA •°°' BR 1969PG4247 (R) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify] ? 1-4 Family Rider ? Biweekly Payment Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and adnunistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Inds Transtet" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of-this Security Instrument. (P) "RE.SPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a PENNSYLVANIA-Single Family-Fannie Maa/Freddle Mae UNIFORM INSTRUMENT Form 30M LOI GREATLAND ¦ irB4 T276oL2 (00111-4MRS (Page 2 of 16 Paget) To Order Cal: 1400.500.93930 Fax: 816-791-t131 OK ! 969PG4248 "IB1T A "federally related mortgage loan".even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the County [Type of Recording Jurisdiction) of Cumberland [Name of Recording Jurisdiction] See Attached Exhibit A. which currently has the address of 1284 Boiling Springs Road Istreet] Boiling Springs , Pennsylvania 17007 ('Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. PENNSYLVANIA--Single Family-Faonle M2&lWddte Mae UNMRM INSTRUMENT Form 30391/01 GREAILMD N REM 727601.3 (0011)--M FIS (Page 3 of 16 pages) To Order Cat I -00OZ30-9323 0 Fox 616-M-1131 8K1969PG4249 . BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurers check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Fiends Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proccods. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more PENNSYLVANIA--Single Family-Fannie Mae/FreddieMae UNIFORM INSTRUbffiVT Form 3039 L02 WEATLAND ¦ ITEM T2780L4 (0011)--YERB (Page 4 of 16 pages) To Order Cell: I-Mb 0.9091 O Far 818.791-1131 1969PG42.50. i P, Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Lands for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount dire for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified -under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to PENNSYLVANIA-Single Family-Faonk MadFreddle Mae UNIFORM INMMUMFM Form 30" LMI .WAnA-D ¦ rTEM 7278015(0011)-4*Rs (Page 5 of 16 pages) To order CH: I.500-5W939313fix 518.791-1131 ?Kl969PG425 Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charles; Lens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property IImumnee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requites. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. PENNSYLVANIA--Single Family-Faoele MradFeeddle Mae UNIFORM INSTRUKENT Form 3039 IM GREATLAND ¦ ITEM T270OL6 (0011}-WRa (Page 6 of 16 pager) To Oidor Gal: 1 -400.5W03a10 Fax 616-701-1111 ?n1BIT A UP 1969PG4252 All insurance policies required by Lender and renewals of such policies shall be subject to Lender's tight to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Leader, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. U the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lander that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupamey. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Malideasmee and ProtecO m at 1 he Pmperty; Inspection& Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is PENNSYLVANIA-Single Family-Fannie Mae/Freddte Mae UNIFORM INSTRUMENT Form 309 Uar GREAT1AN0 ¦ ITEM T2760L7 (0011)-WM (Page 7 of 16 pages) To ONU Cal: 1400.634R4930 Poe: 616-791-1131 EXHIBIT A BKI969PG4253 completed. If the insurance or condemnation proceeds ate not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. ti. Borrower's Loan Applicadon. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave inaterially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protecuon of Lender's Interest in the Property and Rights Under "Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect bender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Ptbperty includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'T'hese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, PENNSYLVANIA-Single Family-Faulk Mae/Freddle Mae UNIFORM INSTRUMENT Form 3039 10101 WEATLOM ¦ ITEM 7276018 (00111- W (Page 8 of 16 pages) To Oarar Cal: 1400-530-932313F=616-M-1131 6K1969PG4254, ..,'Q-V notwithstanding the fact that the Loan is ultimately paid in full, and Lender shaU not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As it result of these agreements, Lender, any purchaser of the Note, another insurer, any coinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay ror Mortgage Insurance, or any other terms or the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not eudde Borrower to any ret md. (b) Any such agreements will not affect the rights Borrower has-K any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation or the Mortgage Insurance, to have the Mortgage Insurance termhuded automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assigmasent of MiseeDaaeona Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender shalt have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the PENNSYLVANU-Single Family Fasts MsWFreddie Mae UN FORM IMTRUMENT Fong 3039 rN2 GREATLAM ¦ REM 7278" (0011)-4ERC (Page 9 of 16 pages) To Order Cal: 1400.530.4M E3 Fox 615-7914191 p(k11BITA .QK 1969PG4255 excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or lass in value of the Property, the Miscellaneous Proceeds shall be applied to the surds secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or lass in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lenders judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By I.etoder Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be requited to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. PENNSYLVANIA--Single Family-Fannie MamTroddle Mae UNIMRM INSTRUMENT Form 30391/01 GREATLAND ¦ REM r27GOLIO (0011)--Mans (Page IO of 16 pages) 700mar Cat t-806330-93Q3OFar616-m-t131 BK ! 969PG4256 ?FXilB11 ', 13. joint and Several Usibllity; Co-slpers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and fiability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the suns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums ahvMy collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; SeverabWty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of PENNSYLVANIA--Single Family-Famk MadFreddk Mae t1NUORM V MLIMENT Form 30391/01 ITEM 1`2780111 (0011)-MERa (Page 11 of 16 G?E6TUND • pages) To OMxCal: 1-W0.690.93990Faz:616-791-1191 BK1969FIG4257 Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the-word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Benelfdal Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require innnediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrurrtent and the Note as if no acceleration had 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, property inspection and valuation fees, and other fats incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement stems and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Nola; Change of Loan Servfeer, Notioe of Grkvaaca The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicee) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing PENNSYLVANIA-.Single Family-Finnic Maw7reddte Mae UNQ+'ORM INSTRUMENT Form 30M V01 REM T27COL12 toot 1r11ERe (Page 12 Oj16 pages) To Omar Car: t4K*53-23430far lito•T AI;1 B i 969PG4258. obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged bleach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous SabsUmces. As used in this Section 21: (a) "Hazardous Substances" arc those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials ooritaining asbestos or formaldehyde, and radioactive materials, (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use. or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANrA-Single Family-Famle MadFxddte Moe UN FORM W E MNNT Form 30391/01 GREATLANO a ITEM T27WL13 (0011) 40M (Page 13 of 16 pages) To OaOe aC 1400- 0393 a For. 515-701-1131 liM" 8K1969PG4259 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (e) when the default must be cured; and (d) that failure to cure the default as gwdf eel may result in acceleration of the sums secured by this Security Instrument, foreclosure by jtd dal 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-adstence of a default or any other defense of Borrower to acceleration and foreelosure. If the default is not cured as specified, Lender at Its option may require Immediate payment In full of aH stems secured by this Security Indmment without further demand and may foreclose this Security Instrument by judicial proceeding. Leader shall be entitled to eoHeet all expenses Incurred In pursuing the remedies provided In this Section 22, Including, but not Hmited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 2S. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Imtrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA--Single Family-Fannie Mae/Freddte bbe UNIFORM INSTRUMENT Form 3039 1/01 REM T2780L141001J?-VERS (Page 14 of 16 pages) ToOidwGmt 1-WO.53&90BSr]Fax: 516.781-1131 8K 1969PG4260 1a. 01 VB\ A i 7 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it. (Seal) (Seal) Shawn M. Cline -Borrower -Borrowee (Seal) -Borrower _ (Seal) -Borrower Witness: -(Seal) -Borrower -(Seal) -Borrower PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INS'PAUMENT Form 3039 U01 GREMAM ¦ REM T27601r5(00li}- 16A6 (Page 15aj16pages) To Order Cal: i-800.590.93930Fo:810-M-1131 8KI969PG4261 State of CnA6L' f!?p Count of ? " ?j ? 16-I -- y On this the tday of Dc?-0? ?' "S before me, ??)' the undersigned officer, personally appeared 56-vj 0 known to me (or satisfactorily proved) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that therein contained. IN WITNESS WHEREOF, I hereunto set my ARY PUBLIC =rw, AL F CUMBERLAND ECENBER 9. 2007 After Reco rding Return To: GUARANTEED ABSTRACT SERVICES, INC. 3329 MARKET STREET CAMP HILL , PA 17011 .IS executed the same for the purposes CERTIFICATE OF RESIDENCE I, O do hereby certify that the correct address of the within named lender is 1417 orth Magnolia Ave, Ocala, FL 34475 ti r Witness my hand this f " day of Oc?-- O( Agent of LxTrAer leis to be recorded 61, Cumberland County PA PENNSYLVANIA-Single Family-FaonN Mad FreddM yiae UNIFORM INSTRUMENT Form 3039 U07 ¦ OHE11TiJWD frEMT27801 ,( 1?=MEf?.'?..11'?a8??/1,1I`8? To ONK Cal: I•800-S3o-96930Fox: 818-7Y1-1131 i I ?} t? t f/ 3 'l Recorder of Deeds RK 1969PG4262 EXHIBIT "A" - MORTGAGE LEGAL ALL THAT CERTAIN lot or parcel of land situate in the Village of Allen, MONROE TOWNSHIP, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Charles W. Jenkins, Registered Surveyor, dated August 28, 1984, to wit: BEGINNING at a point in Legislative Route 507 (Boiling Springs Road), which point is 602 feet westerly of the intersection of said road with Zimmerman Road; thence North 15 degrees 4T West along land now or formerly of Vance C. Enck Jr, a distance of 243.93 feet to a corner of concrete curbing; thence North 74 degrees 12'20" East, along land now or formerly of John Harbold, a distance of 84.40 feet to an iron pin; thence South 15 degrees 32' East along North Street, a distance of 243.50 feet to a point in Legislative Route 507; thence by a curve to the left having a radius of 2864.93 feet, an arc distance of 83.35 feet, also having a chord South 73 degrees 54' 10" West, a distance of 83.35 feet to the point and place of BEGINNING. HAVING THEREON erected a dwelling commonly known as 1284 Boiling Springs Road. (CLINE.SM.PMCLINE ^S 3 6K 1969PG4263 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Village of Allen, MONROE TOWNSHIP, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Charles W. Jenkins, Registered Surveyor, dated August 28, 1984, to wit: BEGINNING at a point in Legislative Route 507 (Boiling Springs Road), which point is 602 feet westerly of the intersection of said road with Zimmerman Road; thence North 15 degrees 47 minutes West along land now or formerly of Vance C. Enck, Jr., a distance of 243.93 feet to a corner of concrete curbing; thence North 74 degrees 12 minutes 20 seconds East, along land now or formerly of John Harbold, a distance of 84.40 feet to an iron pin; thence South 15 degrees 32 minutes East along North Street, a distance of 243.50 feet to a point in Legislative Route 507; thence by a curve to the left having a radius of 2864.93 feet, an arc distance of 83.35 feet, also having a chord South 73 degrees 54 minutes 10 seconds West, a distance of 83.35 feet to the point and place of BEGINNING. PARCEL NO. 22-28-2401-006 PROPERTY BEING: 1284 BOILING SPRINGS ROAD File #: 173953 VERIFICATION I hereby state that I am the attorney for the 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. The undersigned understands that this statement is made Pa.C.S. Sec. 4904 relating to unworn falsifications to DATE: J4 - penalties of 18 File #: 173953 ll?l ? `vh' N (DO V Z c? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06820 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAYLOR BEAN & WHITAKER MORTGAG VS CLINE SHAWN M 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 CLINE SHAWN M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , CLINE SHAWN M 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 HOUSE IS VACANT - DID NOT HAVE TIME TO DO A POST OFFICE CHECK FOR A FORWARDING ADDRESS. Sheriff's Costs: So answers: Docketing 18.00 Service 6.30 Not Found 5.00 R. Thomas line Surcharge 10.00 Sheriff of Cumberland County Postage .42 l.2?JufrJ? 39.72 PHELAN HALLINAN & SCHMIEG 12/19/2008 Sworn and Subscribed to before me this day of , A. D. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?15-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. SHAWN M. CLINE Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-6820-CIVIL Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. 4$, 7009 Date: Januar PHELAN HALLIN/A/N & SCHMIEG, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /vcv, Svc Dept. File# 173953 ?_ ?_ ...a ? _ ? ? `?..? ? ? ? ?,?. ? ?, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 2 1 5.563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. SHAWN M. CLINE Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-6820-CIVIL Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By:, c- - Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff Date: Tan is ?Q, 2009 /vcv, Svc Dept. File# 173953 - D3 C SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR BEAN & WHITAKER MORTGAG VS CLINE SHAWN M R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT CLINE SHAWN M but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE On January 30th , 2009 , this office was in receipt of t attached return from YORK Sheriff's Costs: So answer ..:- ? - Docketing 18.00 Out of County 9.00 - '? Surcharge 10.00 R. Thomas Kline Deputize York Co 68.50 Sheriff of Cumberland County Postage 1.17 106.67 01/30/2009 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of County, Pennsylvania, to to wit: in his bailiwick. He therefore A. D. 'VIN- A-LOI3N'Id 5 I -'OI WV 9- 933 60OZ AdViGM-?HIOUJ 3-Hi JO TrN :,! 1H Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy. Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 viennavitacolonna@fedphe.com Taylor Bean & Whitaker Mortgage Corporation VS. Shawn M. Cline Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-6820-CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Shawn M. Cline, by first class mail and certified mail to the Defendant's mortgaged premises, 1284 Boiling Springs Road, Boiling Springs, PA 17007, posting of the mortgaged premises, 1284 Boiling Springs Road, Boiling Springs, PA 17007, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Shawn M. Cline, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 1284 Boiling Springs Road, Boiling Springs, PA 17007. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the property appears vacant. 3 2. The Sheriff of York County attempted to serve the Defendant at the last known address, 1030 Pondtown Road, Dillsburg, PA 17019. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", no service was made as the defendant is not known at said address. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of March 31, 2009, no Judge has previously entered a ruling in this case 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on March 31, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's March 31, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Shawn M. Cline and, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully By: March 31, 2009 Schmieg, LLP Daniel G. Schmieg, Esquire Attorneys for Plaintiff 4 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Vienna.vitacolonna@fedphe.com Taylor Bean & Whitaker Mortgage Corporation VS. Shawn M. Cline Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-6820-CIVIL MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker. 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 5 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibits "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Res Phel By: Date: March 31, 2009 6 Daniel G. Schmieg, Esquire Attorney for Plaintiff e ?60 ? ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06820 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND,- TAYLOR BEAN & WHITAKER MORTGAG VS CLINE SHAWN M 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 CLINE SHAWN M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , CLINE SHAWN M 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 HOUSE IS VACANT - DID NOT HAVE TIME TO DO A POST OFFICE CHECK FOR A FORWARDING ADDRESS. Sheriff's Costs: So answers: Docketing 18.00 Service 6.30 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Postage .42 39.72 PHELAN HALLINAN & SCHMIEG 12/19/2008 Sworn and Subscribed to before me this day of , A. D. 4 .ice' ??,Lj?v COUNTY OF YORK 'i OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE WST1=710M PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LM?E 1 THRU 12 D10 NOT DETACH ANY COPES 1. PLAINTIFF/S/ Tavlor. Bean & Whitaker 3. DEFENDANT/S/ Shawn M. Cline z09' "M Civil 08-6820 4. TYPE OF WRIT OR COMPLAINTZIMF, NOTICE Reinstated Notice & SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO S RV OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Shawn M C. i nP 10 6. ADDRESS (STREET OR RFO WITH BOX NUMB R, APT-NO., CI , BORO. TWP.. STATE AND ZIP CODE) AT 1030 Pondtown Road, Dillsburg, PA 17019 7. INDICATE SERVICE: O PERSONAL 0 PERSON IN CHARGE 3? DEPUTIZE O CERT. MAkl,., im -F%r %0 MAIL 0 POSTED O OTHER NOW 1/12/09 20 I, SHERIFF OF 9 ®?lliePA, do hereby deputize the sheriff of York COUNTY to execute this a return they ording to law. This deputization being made at the request and risk of the plaintiff., RIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF CO CUMBERLAND ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in Custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUREVIVEK SRIVASTAVA, ESQ. 10. TELEPHONE NUMBER 11. DATE FILED ONE PENN CENTER PLAZA, STE 1400, PHILA, PA 19103 215-563-7000 1-7-09 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice is to be mailed) CUMBERLAND CO SHERIFF SPACE7H (MIFOR USE OF THE ; DO NOT WfftTE B&OW THlS?LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Ezpirabon/Heanng Date or complaint as indicated above. MJ MCGILL YCSO 11-13-09 12-1-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED W POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. I hereby ce" and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 120. Time of Service 21 22. Date Time Miles Int. I Date 1 Time I Miles Int. Date Time Miles Int. Date Time Miles Int. PER POST OFFICE CHECK, NOT KNOWN AT ADDRESS GIVEN 8. Sub Total Notary 31. Surchg. 32. Tot. Costs 33 Costs Due a efund Check No age27. N/F 26. Mile 5. e Costs 24 Service Costs Advan 23 . c X100.00 r60 g /? '00 i / ^ e?N P /,t (0 • V !n e G0 r 34. 1~ County Costs 35. Advance Costs 36. Service Costs ert. 38. Mileage/PostagelNol Found 37.Nowry 39. Total Costs 40. Costs Due or Refund ANSWERS AFFIRME tad to bef a me i 41 Q DATE 5 . ,?w, ,LTI.1 : c 44. Signature of 4 . 42 day p- 4a- Dep. Sheriff ! NOTARY Fd0TAJ",1AL SE W 46. Signature of York 47. DATE L' !NOTARY PUBLIC County Sheriff C'i7Y OF YORK, YORK COUNTY RICHARD P. IFF -27-09 J.•._i ry - r , it . S r' uv. 12, 2009 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIG OF AUTHORIZED ISSUING AUTHORITY AND TITLE NATURE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - SherATs Orrice f ? V fI,, FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FATPH INVESTIGATION _.... ..;• ,,, .,..- .i.;.; ..,:.:., • ;. .,..:...,;..:.:-^e`e-rn..m:z.?'i+i.•,?+' .w. •?t+e??+err,.,..:.e+-tih,+'x?w File Number: 173953 w.Attorney Firm: Phelan, Hallinan & Schniieg, LLP Subject. Shawn M. Cline Property Address: 1284 Boiling Springs Road, Boiling Springs, PA 17007, I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Shawn M. Cline - xxx-xx-6410 B. EMPLOYMENT SEARCH Shawn M. Cline - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Shawn M. Cline reside(s) at: 1284 Boiling Springs Road, Boiling Springs, PA 17007. Il. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Shawn M. Cline. B. On 02-20-09 our office made a telephone call to the phone number (717) 502-0070 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 02-20-09 our office made several phone calls in an attempt to contact John Heinze (717) 243-2407,1283 Boiling Springs Road, Boiling Springs, PA 17007: no answer. On 02-20-09 our office made several phone calls in an attempt to contact Janel C. Augsburger (717) 258-1650,1288 Boiling Springs Road, Boiling Springs, PA 17007: no answer. On 02-20-09 our office made several phone calls in an attempt to contact David Hardy (717) 258-3693,1289 Boiling Springs Road, Boiling Springs, PA 17007: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02-20-09 we reviewed the National Address database and found the following information: Shawn M. Cline -1284 Boiling Springs Road, Boiling Springs, PA 17007. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is.a possible-mailing address:'no. addresses on file. _ .., r u . x .. ?, .,.» - „U.... V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE, & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Shawn.M. Cline. VI. OTHER INQUIRIES A. DEATH RECORDS As of 02-20-09 Vital Records and all public databases have no death record on file for Shawn M. Cline. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Shawn M. Cline residing at last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Shawn M. Cline - 08-04-1978 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to. punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the-nena of 18 P C.S. 904 relating to unworn falsification to authorities. AFFIANT - Brendan Booth coMMONWEALTH OF PENNSYLVANIA Full Spectrum Services, Inc. NOTARIAL SEAL THOMAS P. STRAIN, Notary Public Sworn to and subscribed before me this 20th da o F C?li?b ,o?,f P lphia, Phila. County y Wi?bmglis vires February 4, 2010 The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND ?, b?' ?' PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail @fedphe.com Vienna Vitacolonna, 1423 Service Department March 31, 2009 Shawn M. Cline 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 Representing Lenders in Pennsylvania and New Jersey RE: Taylor Bean & Whitaker Mortgage Corporation vs. Shawn M. Cline Premises Address: 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007 Cumberland County, No. 08-6820-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by _April 7, 2009 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Vienna Vitacolonna For Daniel G. Schmieg, Esquire 9 I b A. N A W N A r" ?. J Q O' N 0 H r A• b Vi ter H , b .y A;A C ? y X ? ? 6 ry U A Al ep ^ f9 p y 5 0 oF`?o??' O v ?= o a ?o 0 5, ? e A d ?] (A r !D a o• m ..r S C C v' ( ? .y N con Z Ri N 4;o a, f a 4 . rr A N W ? fl" ? O p O a ? ? b rn ^ , y W ? ^^ ?l O O A y ?? W C? CA ? rr V/ a Q V 4tQ,SES N "Now- mw' ?.°rTNE V®go+?s 02 IM MAILED FRpM Zlfi 01. 10MAR 31 2008 I CdDE 18103 I I VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully LLP ? v By: Daniel G. Schmieg Attorney for Plaintiff March 31, 2009 7 e Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Taylor Bean & Whitaker Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Civil Division vs. Cumberland County No. 08-6820-CIVIL Shawn M. Cline CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Shawn M. Cline: 1284 Boiling Springs Road, Boiling Springs, PA 17007 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: March 31, 2009 Phelan Hallinan & By: 8 Daniel G. Schmieg, Esquire Attorney for Plaintiff OF PE -.J r' .-.`,IOTFPY 2PM Are 20 fir 9: 58 APR 21200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Taylor Bean & Whitaker Mortgage Corporation Civil Division VS. No. 08-6820-CIVIL Shawn M. Cline ORDER ` AND NOW, this day of 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Shawn M. Cline, by: 1. Posting of the premises: 1284 Boiling Springs Road, Boiling Springs, PA 17007. 2. First class mail to Shawn M. Cline at the mortgaged premises located at 1284 Boiling Springs Road, Boiling Springs, PA 17007; and 3. Certified mail to Shawn M. Cline at the mortgaged premises located at 1284 Boiling Springs Road, Boiling Springs, PA 17007; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: -- Cc: Shawn M. Cline 1284 Boiling Springs Road Boiling Springs, PA 17007 Shawn M. Cline 1030 Pondtown Road, Dillsburg, PA 17019 173953 t 4i3' ?'hc?t Cf'? 1?4p d ,? 9 2 kA J. I A\ ?I fi??fZ y+'{ 4 o ..? : I i 14V £Z V 60 OZ 4r --,. 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 15-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff VS. SHAWN M. CLINE ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-6820-CIVIL Defendants TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. P1 ,AN HALLINAN & SCHMIEG, LLP - rsy: - N. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Z nine R. Davey, Esquire uren R. Tabas, Esquire93337 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: April 29, 2009 /vcv, Svc Dept. File# 173953 { f ;iFILE} D'i JL 2C,09 APR 33 Ail 11: e2t6 felo- a?vys3 _ .f? 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Taylor Bean and Whitaker Mortgage Corporation Plaintiff VS. Shawn M. Cline Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland COUNTY NO. 08-6820-CIVIL 1Yi . 'fir AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL ETTR.riTANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, Shawn M. Cline at 1284 BOILING SPRINGS ROAD,BOILING SPRINGS, PA 17007, on April 29, 2nn9, in accordance with the Order of Court dated April 23, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: Anrl 9, 2029 PHE A HALLMAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire nine R. Davey, Esquire Lauren R. Tabas, Esquire93S3Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Attorneys for Plaintiff VCV, Svc Dept. 173953 _w OF THE 2009 AN 30 AH H: : 26 tC? Sheriffs Office of Cumberland County R Thomas Kline 4?q%V cf £'umbrr 7 Edward L Schorpp Sheri' Solicitor Ronny R Anderson Jody S Smith Chief Deputy 0MCE OF THE SN£RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/01/2009 11:03 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on May, 1, 2009 at 1103 hours, he served a truecopy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shaw M. Cline pursuant to Order of Court by posting the premises located at 1284 Boiling Springs, Cumberland County, Pennsylvania, 17007, with a true and correct copy o- the same according to law. SHERIFF COST: $39.40 May 05, 2009 Docket No. 2008-6820 Taylor, Bean & Whitaker v Shawn Cline SO ANSWERS, R THOMAS KLINE, HERIFF Ile ty S eri 0 rv c= ° U C ? o ril CJ co 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 R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ATTORNEYS FOR PLAINTIFF Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR BEAN AND WHITAKER Court Of Common Pleas MORTGAGE CORPORATION vs. : Civil Division : CUMBERLAND County SHAWN M. CLINE No. 08-6820-CIVIL I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated APRIL 23, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THE SF.NTINEi, on MAY 6, 2009 and 0 TMBERLAND LAW JOT JRNAL on MAY 8,9-009. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: ?' -L? L rence T. Phelan, squire Francis S. Hallinan, squire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: May 26, 2009 PHs# 173953/vcv s "% PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 8, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?V1 - ??;L Oisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 8 da y of May, 2009 / C---5. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 08-6820-CIVIL Taylor Bean & Whitaker Mortgage Corporation vs. Shawn M. Cline TO Shawn M. Cline: You are hereby notified that on November 18, 2008, Plaintiff, Taylor Bean & Whitaker Mortgage Corpo- ration, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 08-6820-CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007 where- upon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 May 8 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 6, 2009 COPY OF NOTICE OF PUBLICATION lot that tt 5 f s- t Gt ?, U? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER CUMBERLAND COUNTY MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. CIVIL DIVISION SHAWN M. CLINE No. 08-6820-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHAWN M. CLINE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $116,872.37 Interest - 11118/2008 to 06/15/2009 $3,964.80 TOTAL $120,837.17 I hereby certify that (1) the Defendant's last known address is 1284 BOILING' SPRINGS ROAD BOILING SPRINGS, PA 17007, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lrian e`n T. Phe ,Esquire F is . Hal ' an, Esquire ieg, , Esquire el G.c 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire -'Joshua I. Goldman, Esquire f0Z°s°`R Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (p U?1 rd0!4 - - - PHS # 173953 PROTHONO ARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. SHAWN M. CLINE Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6820-CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHAWN M. CLINE is over 18 years of age and resides at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. La nc T. Phel , Esquire F cis S Halli , Esquire Daniel G. Sc ieg, 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire rJoshua I. Goldman, Esquire is#Z°s"'4 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff TAYLO BEAN & WHITAKER MORTGAGE CO TION Plaintiff v. SHAWN M. CLINE Defendant(s) TO: SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: May 29, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6820-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY' OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 'HIS 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. PHS # 173953 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717).240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: ?4 JeiU? Lawre e T. Phelan, E q., Id. No. 32227 Francis S. Hallinan, E q., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817fj0 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Py PHS # 173953 ?' Y '. r.: (?ll?` ?/?vs3y (Rule of Civil Procedure No. 236) - Revised TAYLOR, BEAN & WHITAKER CUMBERLAND COUNTY MORTGAGE CORPORATION . COURT OF COMMON PLEAS VS. CIVIL DIVISION SHAWN M. CLINE 1284 BOILING SPRINGS ROAD No. 08-6820-CIVIL BOILING SPRINGS, PA 17007 Notice is given that a Judgment in the above captioned matter has been entered against you on 1/616 1 Tl'CD.a.r?r?r r" By: If you have any questions concerning this matter pease con ct: Xancis S. all' , Esquire Daniel 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire tb4120sb'11 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. *" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION V. Plaintiff, No. 08-6820-CIVIL SHAWN M. CLINE Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $120,837.17 V Interest from 6/16/2009-12/9/2009 $3,515.22 (per diem -$19.86) TOTAL Note: Please attach description of property. $124,352.3 ? Lawrence . Phelan, Esq., Id. No. 32227 ? F?a?cis S. Hallinan, Esq., Id. No. 62695 & Darnel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 173953 O? a? a? O O OO P 0 _ ?R U L LJ U- Er iE O r-D in CV CD -Kx cs. ca GV C?7 a a ?0 U O O H .r' l 3•n ,;CU l.. U O v W a C 0 w W o U a 1w a M ? r a v? z u a rn t7 r ? o, M\°1„L p00 ?MN I?C4? ?N.? O 'Co" N G OhMNt? C G? CZ C a zZzb °b o o ozz azz? a° Q 0 V -d -d N d' o• W w '-? .. z .. y Val ° y (71. w •' an 5,1 WC?'wwT; y..; 7ra'y•v ?-Ww?ww?a ?•, rr?"° W oA O w? W U? w ?;, W .+G N ? 5 1.+ N ? ? LCS ? t1.? ° ?"H GL i"r ?,y O 7700 09, 124 13? Ir. 00 A t- i•-^ u u va as sai N ? y r ? M ? \s? o © TAYLOR, BEAN & WHITAKER MORTGAGE i CORPORATION Plaintiff, V. SHAWN M. CLINE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6820-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) MONROE TOWNSHIP MUNICIPAL AUTHORITY MONROE TOWNSHIP MUNICIPAL AUTHORITY C/O JAMES D. BOGAR, ESQUIRE MONROE TOWNSHIP MUNICIPAL AUTHORITY C/O JENNIFER B. HIPP 1220 BOILING SRPINGS ROAD MECHANICSBURG, PA 17055 1 WEST MAIN STREET SHIREMANSTOWN, PA 17011-6327 1 WEST MAIN STREET SHIREMANSTOWN, PA 17011-6327 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 4 0 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false st ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificat n t authorities. August 24, 2009 DATE ? Lawrence T. Phelan, Esq., Id. No. 32227 11 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 OF THE Pi ` r 1009 AUG 25 PM 12: 0 n CUIM TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. SHAWN M. CLINE Defendant(s). CUMBERLAND COUNTY No. 08-6820-CIVIL August 24, 2009 TO: SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA YTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $120,837.17 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Village of Allen, Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Charles W. Jenkins, Registered Surveyor, dated August 28, 1984, to wit: BEGINNING at a point in Legislative Route 507 (Boiling Springs Road), which point is 602 feet westerly of the intersection of said road with Zimmerman Road; thence North 15 degrees 47 minutes West along land now or formerly of Vance C. Enck, Jr., a distance of 243.93 feet to a corner of concrete curbing; thence North 74 degrees 12 minutes 20 seconds East, along land now or formerly of John Harbold, a distance of 84.40 feet to an iron pin; thence South 15 degrees 32 minutes East along North Street, a distance of 243.50 feet to a point in Legislative Route 507; thence by a curve to the left having a radius of 2864.93 feet, an arc distance of 83.35 feet, also having a chord South 73 degrees 54 minutes 10 seconds West, a distance of 83.35 feet to the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Shawn M. Cline, a single man, by Deed from John B. Backenstoes and Lori A. Backenstoes, h/w, dated 10/13/2006, recorded 10/119/2006, in Deed Book 277, page 938. PREMISES BEING: 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007 PARCEL NO. 22-28-2401-006 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-6820-CIVIL TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. SHAWN M. CLINE owner(s) of property situate in the VILLAGE OF ALLEN, MONROE TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1284 BOILING SPRINGS ROAD, BOILING SPRINGS PA 17007 Parcel No. 22-28-2401-006 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: 120,837.17 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 /? FILEG t ? ?: QF TH F Pi i "t i fi-f-) p 2009 AUG 25 PH 12: ov PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION V. Plaintiff, SHAWN M. CLINE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6820-CIVIL CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied (X ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C. §4904 relating to unsworn falsification to authorities. ? Lawrence . Phelan, Esq., Id. No. 32227 ? F?cis S. Hallinan, Esq., Id. No. 62695 "aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 4, rt; OF THE 0p(* .(`P.,r)TARY 2004 AUG 25 PH 112: 06 CU?49 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6820 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff (s) From SHAWN M. CLINE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$120,837.17 L.L.$.50 Interest from 6/16/2009-12/9/2009 (per diem - $19.86) $3,515.22 Atty's Comm % Due Prothy $2.00 Atty Paid $334.79 Other Costs Plaintiff Paid Date: August 25, 2009 (Seal) /'LkqZ, Curtis . ong, Prot By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 62205 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmiegg, Es 'Id. No. 62205 Michele M. Bradtord, sqq., Id. No. 69849 Judith T. Romano, Esg., ld. No. 58745 Sheetal R. Shah-Jani, s' Id. No. 81760 Jenine R. Davey, Esq., Id PTO. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. Flo. 86657 Peter J. Mulcahy, lsq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq. Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR BEAN & WHITAKER MORTGAGE CORPORATION V. Plaintiff, SHAWN M. CLINE Defendant. . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6820-CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to SHAWN M. CLINE on SEPTEMBER 17, 2009 at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007, in accordance with the Order of Court dated APRIL 23, 2009. The property was posted on SEPTEMBER 23, 2009. Publication was advertised in THE SENTINEL on SEPTEMBER 25, 2009 & in THE CUMBERLAND LAW JOURNAL on SEPTEMBER 25, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie, Esyy., Id. No. 62205 Michele M. Bradford, Esg ., Id. No. 69849 Judith T. Romano, Esc., Id. No. 58745 Sheetal R. Shah-Jani, Esg. Id. No. 81760 Jenine R. Davey, Esq., Id Flo. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. PTO. 86657 Peter J. Mulcahy, hsg., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. FlJ os, Esq. Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206739-- Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Dated: October 7, 2009 APR 2 1 20096 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Taylor Bean & Whitaker Mortgage Corporation VS. Shawn M. Cline Civil Division No. 08-6820-CIVIL ORDER AND NOW, this 2.3" day of p A. 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Shawn M. Cline, by: 1. Posting of the premises: 1284 Boiling Springs Road, Boiling Springs, PA 17007. 2. First class mail to Shawn M. Cline at the mortgaged premises located at 1284 Boiling Springs Road, Boiling. Springs, PA 17007; and 3. Certified mail to Shawn M. Cline at the mortgaged premises located at 1284 Boiling Springs Road, Boiling Springs, PA 17007; and 4. Publication in accordance with PA. R.C.P. 430. Cc: Shawn M. Cline 1284 Boiling Springs Road Boiling Springs, PA 17007 Shawn M. Cline 1030 Pondtown Road, Dillsburg, PA 17019 173953 BY THE COURT: ti i J. -?T- TRUE C4 FROM R." v, o a? a m z a o 7 o% 4° v" ? .r o ., w w o$ ?Soa w q o' ? cf °i ?9/ S+ w r? 0 o' . Q. o w ? m ^? A a 0 (? ? N lD pw., !? g ? o ? K tr1 n' ? a zrm ? ? 0 0 c ? o ? ? a ? b n c. 7 ??m c ° a U a 0 w ? g w a T-7?5F-°o-,1,, 1 -I -t- k I - I - I= w ? ? n w ?p z a 3 as <D ? *A Nx? ^^ A 4, ~ 41 ?? y? a J ?J a ° LV w 0 { 05'p %, rP.r d , 02 1M 0004218010 SE? ,[d MAILED FROM ZIP CODE 7 19 00;9 ?obr !77 ? x 0 o d V) 'r V) 4?6 b n o x 0 r? 7178 2417 6099 0037 1143 4 / JJN SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Page 1 of 1 WTUDSWES POSTM SOME@ Home I He Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0037 1143 Class: First-Class Mail® Service(s): Return Receipt Electronic Status: Arrival at Unit Your item arrived at 4:41 AM on September 21, 2009 in PHILADELPHIA, PA 19104. No further information is available for this item. Detailed Results: Arrival at Unit, September 21, 2009,4:41 am, PHILADELPHIA, PA 19104 Acceptance, September 17, 2009,4:22 pm, PHILADELPHIA, PA 19102 Electronic Shipping Info Received, September 17, 2009 Track & COH&M (E'nter?Labe?l/Receipt Number. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. iCtr?y $ite Map -QusQ-rper $@n ice FkM S -qy-1$P.ryLgg§ S.a_rwr Pnv_ayyPgLcy_ Ierra5 offU§1e_ CopyrightO 2009 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA ' http://trkcnfrm l .smi.usps.comIPTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=7... 10/7/2009 AFFIDAVIT OF SERVICE PLAINTIFF TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION DEFENDANT(S) SHAWN M. CLINE ***PLEASE POST PROPERTY WITH NOTICE OF SALE, PER COURT ORDER*** 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY No. 08-6820-CIVIL. PHS #173953 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 9, 2009 SERVED Served and made known to S 4#WN M . Ct f aF Defendant, on the o13 Q D day of SFP1 t :200 at l k)-,( , o'clock A-m., at 014 f wA16 -300-tNo R&tz & ItlN6 SA2tNbs Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. V Other: DS7*,p R0 Pgajhf W t T d- NO 'f tG E W 15 h-C. Description: Age Height Weight Race Sex Other I, LO u- , a competent adult, being duly sworn according to law, depose and state that I personally L>Uid D a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. _ Sworn to and subscribed KIMBBRLY C1? 1Y before me this ).3RD day NOTARY PUBLI( of SF-Prom A fsf1 , 2001. STATE OF NEW ;ER MA Y Not By: f;4L Ml' C??fi'?fISSION EXPIRES MARCH 7.20{3 PLEA A PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 120Q-_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1s` Attempt: / / Time: 2"d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of .200_. Notary: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 R/? PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Advertising Operations Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): September 25 2009 COPY OF NOTICE OF PUBLICATION "C. VW. treo or CON Iam Yonw wWO-iic W ?d?'YY1Nd9. S w.?? r 1W round b"S. pp t fitting $ 6tV08, r 1044 !E _ 4t 1 F1?1MIdA PA 1 .486-6893. 1f1? PLWf4A OW up vn,4 G:;c?'- VVto Irthards, 328 Mt. 3nshurg,532-7795 shot. YO s , wks S? LE, cut dried, and d.lievered. xeA9 la Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this " aDo Notary Public My commission expires: WEALTH OF PENNSYLVANIA, NOTARIAL SEAT. ` 8AMBI ANN HECKENDORN; Notary Pubk Camp Hrll Boro. Cumberland County My Commission Expires January 27, 10 I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 25, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r is arie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 25 dU of September, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-6820-CIVIL TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. SHAWN M. CLINE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: SHAWN M. CLINE ALL THAT following described lot of ground situate, lying and being in MONROE Township, County of CUMBERLAND Commonwealth of Pennsylvania, bounded and limited as follows, to wit: LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Village of Al- len, Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Charles W. Jenkins, Reg- istered Surveyor, dated August 28, 1984, to wit: BEGINNING at a point in Leg- islative Route 507 (Boiling Springs Road), which point is 602 feet west- erly of the intersection of said road with Zimmerman Road; thence North 15 degrees 47 minutes West along land now or formerly of Vance C. Erick, Jr., a distance of 243.93 feet to a corner of concrete curbing; thence North 74 degrees 12 minutes 20 seconds East, along land now or formerly of John Harbold, a distance of 84.40 feet to an iron pin; thence South 15 degrees 32 minutes East along North Street, a distance of 243.50 feet to a point in Legislative Route 507; thence by a curve to the left having a radius of 2864.93 feet, an arc distance of 83.35 feet, also having a chord South 73 degrees 54 minutes 10 seconds West, a distance of 83.35 feet to the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Shawn M. Cline, a single man, by Deed from John B. Backen- stoes and Lori A. Backenstoes, h/w, dated 10/ 13/2006, recorded 10/ 19/ 2006, in Deed Book 277, page 938. PREMISES BEING: 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007. PARCEL NO. 22-28-2401-006. Your house (real estate) at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007 is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 A.M., at the CUMBERLAND County Court- house to enforce the Court Judgment of $120,837.17 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (the mortgagee), against your Prop. sit. in MONROE Township, County of CUMBERLAND, and State of Pennsylvania. Being Premises: 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007. Improvements consist of residen- tial property. Sold as the property of SHAWN M. CLINE. TERMS OF SALE: The purchaser at the sale must take ten (10%) per- cent down payment of the bid price or of the Sheriff's cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station CUMBERLAND LAW JOURNAL 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Sept. 25 OF TH t . , ?, Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County SHAWN M. CLINE Defendant No. 08-6820-CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 18, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on June 16, 2009 in the amount of $120,837.17. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 9, 2009. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 9, 2009 Per Diem $18.35 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $106,008.81 $15,447.45 $33.82 $1,325.00 $2,797.90 $0.00 $10.50 $0.00 $52.61 $0.00 ($0.00) $3,020.13 TOTAL $128,696.22 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 16, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: lbl;?( lbq Phelan Hallinan & Schmieg, LLP By: I YA 41 An ( -,, Lawrence T. Phe an, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 [Z Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County SHAWN M. CLINE No. 08-6820-CIVIL Defendant : MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SHAWN M. CLINE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff's sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shoppin Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP C DATE: pie I By: L wrence T. Phelan, sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" 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 .-- JIMIE ?Ml 'GUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 15> 563.7000 173953 TAY [- JR., BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH NI!AGNOLIA AVE OCALA, FL 344.75-9078 V. Plaintiff w cry ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM e Ivi l NO. Cf ?- yfAd SIi_ Wj('? M. CLINE 284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY Defendant We hereby cerfi'Y the CPgL ACTION - LAW within to be a-true and A71ORN COMPLAINT IN MORTGAGE FOREC 11 i p trecord E1TILE COPY or PLEASE RETURN. :flea: 173957. NOnCE 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 (717) 249-3166 File #: 173953 1. Plaintiff is TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, PL 34475-9078 2. The name(s) and last known address(es) of the Defendant(s) are: SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILINGSPRINGS, PA 17007 who Ware the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/13/2006 mortgagor(s) made, executed and delivered a mortgage upon t? G pret iSOS hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1969, Page 4247. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specificd by written'notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 173953 6. The follo -wing amounts are due on the mortgage: Principal Balance $106,008.81 Interest $8,382.72 09/01/2007 through 11/17/2008 (Per Diem $18.88) Attorney's Fees $1,325.00 Cumulative Late Charges $405.84 . 10/13/2006 to 11/17/2008 Cost of Suit and Title Search 750.00 Subtotal $116,872.37 Escrow Credit $0.00 Deficit $0.00 Subtotal O.00 TOTAL $116,872.37 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's tees 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. Plaintiffis.not seeking a judgment of personal liability (or an in personam judgments against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate A6tion 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 #: 173953 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, acrd/car 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 PIailnti tT or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $116,872.37, together with interest from 11/17/2008 at the rate of $18.88 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. By PHEL LINAN & SCHMIEG LLP LA C . PH ELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL 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 #: 173953 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.RC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made Pa.C.S. Sec. 4904 relating to unsworn falsifications to DATE: penalties of 18 File #: 173953 Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 c7 Daniel G. Schmieg, Esq., Id. No. 62205 .,, Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 -c rn Sheetal R. Shah-Jani, Esq., Id. No. 81760 S "' Jenne R. Davey, Esq., Id. No. 87077 `- a. Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Ja B. Jones, y Esq., Id. No. 86657 P t J M l h E Id <!% e er . u ca y, sq., . No. 61791 [ . Andrew L. Spivack, Esq., Id. No. 84439 . ." Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambiett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER CUMBERLAND COUNTY MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. CIVIL DIVISION SHAWN M. CLINE No. 08-6820-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHAWN M. CLINE, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $116,87237 Interest -11/18/2008 to 06/15/2009 $3.964.80 TOTAL $120,837.17 I hereby certify that (1) the Defendant's last known address is 1284 BOILING SPRINGS ROAD. BOILING SPRINGS. PA 17007. and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ell La n T. Phe , Esquire F cis . Hal ' , Esquire ,t cis 'eg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire -Joshua I. Goldman, Esquire (60 Z-?o`17 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: U (o PHS 0 173953 PROTHONOTARY Exhibit "C" O N a? a W.0 x? U a U ?a ao V zoo _Q 1 £0 46 l 3000dIZ W0213 0311M 6002 91100 99ZLLZ17000 " ±± oz7lZO M ZO h 53MOH A3NIld ® C z . 0, o Y. U O O ?E a a v 0 o$?? LO ar ° O ov . K o O N N b ? O O 60Y u e. a o w ?g ow or= cq, _? C v V T ? cn a a u ? p 8 K I+i Q a d 00 a A > 0 O 0 ? N O z ? b a a b u U U? 4 Q ? d d z Z Ha z Vi ~ ~ b c ? x a x a o ?; s y ? . z r? -- N M h 00 ? -i N•+ . U F a PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2009 SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 RE: TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION v. SHAWN M. CLINE Premises Address: 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 CUMBERLAND County CCP, No. 08-6820-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly yours, L rence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: L b _ By: LJ EAvrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? ,Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. SHAWN M. CLINE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6820-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. SHAWN M. CLINE SHAWN M. CLINE 1284 BOILING SPRINGS ROAD 1030 PONDTOWN ROAD BOILING SPRINGS, PA 17007 DILLSBURG, PA 17019 Phelan Hallinan & Schmieg, LLP DATE: 0) By: ? 4cec T. Ph 1 , J Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 [YNlichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 2009 OCT 23 AM 11; 52 1 FrU O CO TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, PLAINTIFF V. SHAWN M. CLINE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6820 CIVIL ORDER OF COURT AND NOW, this 26th day of October, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 16, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, 1?-? 4 M. L. Ebert, Jr., J. Michele Bradford, Esquire Attorney for Plaintiff awn M. Cline 1284 Boiling Springs Road Boiling Springs, PA 17007 Or 1030 Pondtown Road Dillsburg, PA 17019 bas 19LED-43FICE CF Tic PROTHIONOTAPY 2009 OCT 27 PM i s 22 WUNTY PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION VS. SHAWN M. CLINE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-6820-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". DATE: t 1 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 Shee 1 R. Shah-Jani, Esq., Id. No. 81760 J me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff ?066L 60QZ„ m a oa3 a3i?•dw o doa Gz 00(y ZO w U w w w ISO ?j Q ?O ? a? rn Ia. a ?w? ?p?''r ? w AVIV UA d .fl Z ? 4 ti o a d •y ? ? ? W A c ? L7 A ?, y '. Q O ? 1 d 4 V U N C, 00 CIO, in 14 r.r r+ w 44 ?a 00 p .ate ??? ern ram 6 09 ? ad ? W OVA irl yo Q ?? O W O W ?? ??dewy?d? ?'? ?3 H4gou aqa w ? H ? v F N Vol ' U a d Yi u ao w S.G O D U T ?L ? Aso u cn U O . ? N r o $ ° a W A G s a ug o 00 cn a FILED-,-,::: E c OCT 2 00} 0V 10 Fig; 12': , Q. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County SHAWN M. CLINE No. 08-6820-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 23, 2009. 3. A Rule was entered by the Court on or about October 27, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: \ By: awrence T. Phelan, Esq., Id. o. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division V. CUMBERLAND County SHAWN M. CLINE No. 08-6820-CIVIL Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Petition to Reassess Damages was filed with the Court on October 23, 2009. A Rule was entered by the Court on or about October 27, 2009 directing the Defendant to show cause why the Petition to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: 1\ I ?O By: awrence T. Phelan, Esq.,r-T .No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, PLAINTIFF V. SHAWN M. CLINE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6820 CIVIL ORDER OF COURT AND NOW, this 26th day of October, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 16, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, N-, LAA? M. L. Ebert, Jr., J. Michele Bradford, Esquire Attorney for Plaintiff Shawn M. Cline 1284 Boiling Springs Road Boiling Springs, PA 17007 Or 1030 Pondtown Road Dillsburg, PA 17019 bas ;0415° f t wt o-40, t two 01d tlkW hV% 'Avg 1"11"M VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP By: C DATE: tZ I ??- -ffLav-rence T. Phelan, Esq., Id. . 32227 ? Francis S. Hallinan, Esq., Id. o. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff V. SHAWN M. CLINE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6820-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. SHAWN M. CLINE SHAWN M. CLINE 1284 BOILING SPRINGS ROAD 1030 PONDTOWN ROAD BOILING SPRINGS, PA 17007 DILLSBURG, PA 17019 Phelan Hallinan & Schmieg, LLP DATE: By: Effawrence T. Phelan, Esq., Id. No 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 W Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF OF ZQ 9 '0'' 23 AM 110: 2 0 PHELAN HALLINAN & SCHMIEG, LLP Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank 601 Penn Street Reading, PA 19601 Plaintiff vs. Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 08-7034 MOTION TO MAKE RULE ABSOLUTE Sovereign Bank hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. On July 27, 2009, Plaintiff filed a Motion for Equitable Conversion. 2. On August 20, 2009, the Court entered an Order directing the Defendant to respond within 21 days of service. A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit "A". 3. Plaintiff served a copy of the Order on Defendant on October 19, 2009. A true and correct copy of the Certification of Service is attached hereto, made part hereof and marked as Exhibit "B". 4. Defendant failed to respond or otherwise plead to the Order dated November 10, 2009. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion for Equitable Conversion. PH N HALLINAN & SCHMIEG, LLP Date: ao ±?_ Jeni R. Davey, Es ire Att ey for Plainti PHELAN HALLINAN & SCHMIEG, LLP by: Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank 601 Penn Street Reading, PA 19601 ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Plaintiff V. : No. 08-7034 Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion for Equitable Conversion was filed with the Court on July 27, 2009. A Rule was entered by the Court on or about August 20, 2009 directing the Defendant to show cause why the Motion for Equitable Conversion should not be granted. The Rule to Show Cause was timely served upon all parties on October 19, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 10, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. helan Hallinan & S ieg, LLP DATE: 1 By: Je ' e . Davey, Esquir A ey for Plaintiff EXMBIT A SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSHUA L. SHINDEL, Defendant NO. 08-7034 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION ORDER OF COURT AND NOW, this 20`h day of August, 2009, upon consideration of Plaintiff's Motion for Equitable Conversion, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days of service. Michele M. Bradford, Esq. /1617 elan, Hallinan & Schmieg, LLP JFK Boulevard Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025-1024 Defendant, pro Se :rc PY FROM RECORD _jJ, in e2nda- go goo on 810 1?j BY THE COURT, 10/12/2009 15:52 FAX 7176957006 Jody Conrad FLED-OFFICE OF THE Pr JTWC)N 3TAW 2009 AUG 21 Ph 1: 57 a 0003/0003 MNi41§i[ NIA EXHIBIT B G} uY ? _ _ oz PHELAN HALLINAN & SCHMIEG, LLP Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank Court of Common Pleas 601 Penn Street Reading, PA 19601 Civil Division Plaintiff Cumberland County vs. No. 08-7034 Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Court's Rule dated August 20, 2009 was served by regular mail on Defendants on the date listed below. Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 PHE N HALLINAN SCHMIEG, LLP Date: 10 11101 By: Jenine R. Davey, Esquire Attorneys for Plaintiff VERIFICATION Jenine R. Davey, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Motion to Make Rule Absolute, and Brief in support thereof are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 11 b-? o PHELAN HALLINAN & SCHMiEG, LLP By: Je U e R. Davey, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Sovereign Bank 601 Penn Street Reading, PA 1.9601 VS. Plaintiff Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 08-7034 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 LAN HAL AN & SCHMIEG, LLP Date: ?o U Je R. Davey, E quire Attorney for Plaintiff ,J-TARY r 2 39 OY 23 .'M 3' "d e- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR, BEAN & WHITAKER MORTGAGE Court of Common Pleas CORPORATION Plaintiff Civil Division V. SHAWN M. CLINE CUMBERLAND County Defendant No. 08-6820-CIVIL A ORDER AND NOW, this 14 day of NOV , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $106,008.81 Interest Through December 9, 2009 $15,447.45 Per Diem $18.35 Late Charges $33.82 Legal fees $1,325.00 Cost of Suit and Title $2,797.90 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $10.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $52.61 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,020.13 TOTAL $128,696.22 Plus interest from December 9, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 173953 ? f'1 A _ 3c..CL t ? r~ JAP 2009 NOY 25 AIM 6: 03 GL;'ty Olt xn? '(? y.. .?I++rv' J S?- • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ? Nlli u? L?17I1 r4z1 4 y ZOl?trti IU At iI)• iy Taylor, Bean & Whitaker Mortgage Corporation vs. Shawn M. Cline Case Number 2008-6820 SHERIFF'S RETURN OF SERVICE 09/29/2009 08:41 PM - Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on 9/29/09 at 2035 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shawn M. Cline, located at, 1284 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania according to law. 09/29/2009 08:41 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Shawn M. Cline, but was unable to locat( him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Shawn M. Cline, defendant moved and did not leave a forwarding address with the post office. 12/09/2009 Property sale postponed to 2/3/2010. 02/03/2010 Property sale postponed to 4/7/2010. 04107/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on Aprii 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Federal Home Loan Mortgage Corporation, 8200 Jones Branch Drive, Mail Stop 202, McLean, VA 22102, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 871.08 SHERIFF COST: $871.08 SO ANSWERS, May 10, 2010 RON R ANDERSON, SHERIFF (c; CcuntySui±e Sher ff. Te,eos t, Inc. W a)",/ e ;k r? ' ur 913 TAYLOR, BEAN & WHITAKER MORTGAGE . CORPORATION Plaintiff, V. , SHAWN M. CLINE Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6820-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS. PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) MONROE TOWNSHIP MUNICIPAL AUTHORITY MONROE TOWNSHIP MUNICIPAL AUTHORITY C/O JAMES D. BOGAIt, ESQUIRE MONROE TOWNSHIP MUNICIPAL AUTHORITY C/O JENNIFER B. HIPP 1220 BOILING SRPINGS ROAD MECHANICSBURG, PA 17055 1 WEST MAIN STREET SHIREMANSTOWN, PA 17011-6327 1 WEST MAIN STREET SHIREMANSTOWN, PA 17011-6327 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address (if address cannot be reasonably ascertained, please indicate) 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false s ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificat n t authorities. August 24, 2009 DATE ? Lawrence T. Phelan, Esq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 KDaniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff, V. SHAWN M. CLINE Defendant(s). CUMBERLAND COUNTY No. 08-6820-CIVIL August 24, 2009 TO: SHAWN M. CLINE 1284 BOILING SPRINGS ROAD BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $120,837.17 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Village of Allen, Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Charles W. Jenkins, Registered Surveyor, dated August 28, 1984, to wit: BEGINNING at a point in Legislative Route 507 (Boiling Springs Road), which point is 602 feet westerly of the intersection of said road with Zimmerman Road; thence North 15 degrees 47 minutes West along land now or formerly of Vance C. Enck, Jr., a distance of 243.93 feet to a corner of concrete curbing; thence North 74 degrees 12 minutes 20 seconds East, along land now or formerly of John Harbold, a distance of 84.40 feet to an iron pin; thence South 15 degrees 32 minutes East along North Street, a distance of 243.50 feet to a point in Legislative Route 507; thence by a curve to the left having a radius of 2864.93 feet, an arc distance of 83.35 feet, also having a chord South 73 degrees 54 minutes 10 seconds West, a distance of 83.35 feet to the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Shawn M. Cline, a single man, by Deed from John B. Backenstoes and Lori A. Backenstoes, h/w, dated 10/13/2006, recorded 10/19/2006, in Deed Book 277, page 938. PREMISES BEING: 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007 PARCEL NO. 22-28-2401-006 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OFCUMBERLAND) N008-6820 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION Plaintiff (s) From SHAWN M. CLINE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$120,837.17 L.L.$.50 Interest from 6/16/2009-12/9/2009 (per diem - $19.86) $3,515.22 Atty's Comm % Due Prothy $2.00 Atty Paid $334.79 Plaintiff Paid Other Costs Date: August 25, 2009 (Seal) /'107 Cu" R. Long, Prot By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1284 Boiling Springs Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 By: t Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. l a Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this da of November. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2008-6820 civil Taylor, Bean & Whitaker Mortgage Corporation VS. Shawn M. Cline Atty: Daniel Schmieg ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Village of Al- len, Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Charles W. Jenkins, Reg- istered Surveyor, dated August 28, 1984, to wit: BEGINNING at a point in Leg- islative Route 507 (Boiling Springs Road), which point is 602 feet west- erly of the intersection of said road with Zimmerman Road; thence North 15 degrees 47 minutes West along land now or formerly of Vance C. Enck, Jr., a distance of 243.93 feet to a corner of concrete curbing; thence North 74 degrees 12 minutes 20 seconds East, along land now or formerly of John Harbold, a distance of 84.40 feet to an iron pin; thence South 15 degrees 32 minutes East along North Street, a distance of 243.50 feet to a point in Legislative Route 507; thence by a curve to the left having a radius of 2864.93 feet, an arc distance of 83.35 feet, also having a chord South 73 degrees 54 minutes 10 seconds West, a distance of 83.35 feet to the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Shawn M. Cline, a single man, by Deed from John B, Back- enstoes and Lori A. Backenstoes, h/w, dated 10/13/2006, recorded 10/19/2006, in Deed Book 277, page 938. PREMISES BEING: 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007. PARCEL NO. 22-28-2401-006. The Patriot-News Co. 812 Market 5t. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4tPahiot•Xews Nov' you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The S,mday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County ar d State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor s aid Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this stE tement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to ierify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and a iopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for t ie Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: *rn to and subscribed before me.this 1'8 day 'of November, 2009 A.D. Notary Public COMMONWEA1 TH OF PPENNNSYLVAN:, , I Not vial Sea! i 9 Sherri; L. Kisner, Notaq, Public i City OF H;,xisb'1jrq, C),,phi, County My Commission Expires Nov. 2C, 2011 Member, Pennsylvania A?,scciar:on ot'lotar W? 10/23/09 10/30/09 11/06109 Writ No. 2 OWN Tom ,:Taylor, DOM dt WHftltkw Mottle Corporation Vs Shawn M. Cline Arty: iartiiel Schrnleg ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Village of Allen, Monroe Township, Cumberland County, Pennsylvania, bounded and described in accordance with , a survey by Charles W. Jenkins, Registered Surveyor, dated August 28,1984, to wit: BEGINNING at a point in Legislative Route 507 (Boiling Songs Road), which point is 602 feet westerly of the intersection of said road with Zimmerman Road; thence North 15 degrees 47 minutes West along land now or formerly of Vance C, Enck, Jr., a distance of 243.93 feet to a corner of concrete curbing; thence North 74 degrees 12 minutes 20 seconds East, along land now or formerly of John Harlwld, a distance of 84.40 feet to an iron pin; thence South 15 degrees 32 minutes East along North Street, a. distance of 243.50 feet to a point in Legislative Route 507; thence by a curve to the left having a radius of 2964.93 feet, an are distance of 83.35 feet, also having'a chord South 73 degrees 54 minutes 10 seconds West, a distance of 83.35 feet to the point and place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Shawn M. Cline, a single man, by Deed from John B. Backenstces and Lori A. Backenstces, h/w, dated 10113(2006, recorded 10/1912006, in Deed Book 277, page 938. PREMISES BEING: 1284 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007 PARCEL NO. 22-28-2401-006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sold to said grantee on the 7TH day of APRIL A.D., 2010, under and by virtue of a writ Execution issued on the 25TH day of AUGUST, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6820, at the suit of TAYLOR.BEAN & WHITAKER MTG CORP against SHAWN M CLINE is duly recorded as Instrument Number 201011846. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Ctt , A.D. 4 O n 1f ecorder of Deeds .s w? MyCoarai "Eot*Fki1W tdinM4 C41 ?