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HomeMy WebLinkAbout08-7034J 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 4ETER 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 192014 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Plaintiff V. JOSHUA L. SHINDEL 464 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 19 C ' NO. pf - 7F CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 192014 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 #: 192014 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JOSHUA L. SHINDEL 464 SAMPLE BRIDGE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/25/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1819, Page 3819. By Assignment of Mortgage recorded 09/18/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200736273. Said mortgage was modified as set forth in the modification agreement dated 12/01/2007, in Mortgage Instrument No. 200805017. 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 08/01/2008 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 #: 192014 6 The following amounts are due on the mortgage: Principal Balance $124,178.52 Interest $2,965.10 07/01/2008 through 11/26/2008 (Per Diem $19.90) Attorney's Fees $1,325.00 Cumulative Late Charges $111.03 06/25/2003 to 11/26/2008 Cost of Suit and Title Search 750.00 Subtotal $129,329.65 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $129,329.65 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 192014 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,329.65, together with interest from 11/26/2008 at the rate of $19.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: (01,? LAWRENCE T. PHELAN, QUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 192014 Prepared By: Heidi Merritt P. 0. Box 1711 Harrisburg, PA 17105 866-929-7646 Parcel Number: 3804 036704 2A Return To: WAYPOINT BANK P. 0. Box 1711 Harrisburg, PA 11105 866-929-7646 [Spam Aaron 7146 LIa6 For Rwardit Data] MORTGAGE MIN 100249600000001475 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated June 25th, 2003 , together with all Riders to this document. (B) "Borrower" is Joshua L Shindel Borrower is the mortgagor under this Security Instrument. (C) 17AERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS ie the mortgagee under this Security Lastrutnent. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48341-2026, tel. (888) 679-MERS. PENN$YLVANIA - Single Family - Fannie Maoffift die Mae UNIFORM INSTRUMENT WITH MERE Form 3039 1101 -BA(PA) =oe) 1- Aapg 1 of 16 IMtlN{: -^1 L" VMP MORTGAGE FORME - 1600)621.7291 ow1B1T A $ T ZIEGLER -ME'R OF DEEDS DERI AND COUNTY-`3 JUN 27 PM 1 31 8K1819PG3819 11!13!2008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 - Page 1 of 18 P "bender" is WAYPOINT BANK Lender is a Federal Savings Bank organized and existing under the laws of the United States of America Lender's address is P. 0. Box 1711, Harrisburg, PA 17105 (E) "Note" means the promissory note signed by Borrower and dated June 25th, 2003 The Note states that Borrower owes Lender One Hundred Nineteen Thousand Nine Hundred and no/100. (U.S. $ 119, 900.00 } plus interest. Borrower has promised to guars and to pay this debt in regular Periodic Payments pay the debt In full not later than July 1st, 2033 (F) "ProPertY" mesas the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security instrument, plus interest. (W "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): R Adjustable Rate Rider Condominium Rider ? Second Home Rider Balloon Rider Planned Unit Development Rider 14 Family Rider 0 VA Rider Biweekly Payment Rider Other(s) [specify] Rider to Paragraph 19 (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-aapppealable judicial opinions. - - "Commuaity 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. (IQ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means than items that are described in Section 3. (1M "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 Seed= S) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other talthtrg 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. 40-6AWA) rosoe) I'?"ZAS "0 r'0' ? ?'a Form 3038 1101 BK 18 ! 9PG3820 aVA1IBITA 11/13/2008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 - Page 2 of 16 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its l e, ar any add ar auccasor legialariom or regulation that governs the name subjecx matter. Act used ?im to a in this Security Instrument, "RESPA" refers to all requirertyents and restrictions thu are imposed in regard loan" RyESPAed mortgage loan" even if the Loan does not qualify as a "federally elated mortgage (Q) "Successor in Interest of Borrower" means any patty 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 segues to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (i[) the performance of Borrower's covroants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's n=vasors and assigns) and to the successors and assigns of MERS, the following described property located in the County hype of Recordias lurwicdon) of Cumberland [Name of Recoift JurWimool: which currently has the address of 464 Sample Bridge Road Enola [Cgyl, Pennsylvania 17025 ISI ("Property Address"): iZiP Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter apart of the perry. All replacements and additions shalt 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 iKMM holds only legal tide to the interests granted by Borrower in this Secari7 Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Leader and Lender a successors and assigns) has the right: to exerdw any or all of those interests, includi, but not limited to, the right to foreclose and sell the Property; and to take any action required of Leader including, but not limited to, releasing and canceling this Security Instrument. (ft-SAWA) 40204) Ppf3 of IS GK1819PG3821 Form 3039 1/01 AJIB1T A 11113/2008 10:03:38 AM CUMBERLAND COUNTY Instl 200333504 - Page 3 of 18 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 aril demands. subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nos-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 Hems, 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 pry funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instntmcnt 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, Leader 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) cub; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon as institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Leader 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, bender shall eitber 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 bender 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 Phmeetda. 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 trader 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 lace 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 SAWA1 102081 PON 4 of 16 Form 3038 1/01 8K1819PG3822 EXHIBITA 11/1312008 10:03:38 AM CUMBERLAND COUNTY lnsL# 200333504 - Paae 4 of 18 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 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. Faads for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Leander under Section 5; and (d) Mortgage Ina umce premiums, if any. or any sums payable by Borrower to Lender in liar 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 Lorca, Lender may require that Community Association Duas, Fees, and Assessments, if any, be escrowed by Borrower, and such due:, 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 bean 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 reams shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to I.ender 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 sccount, or verifying the Escrow Items, unless Leader 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 aauw: ?'1S OL WPA) iowo) Poo" a of is Form 3039 1101 61819PG3823 ?t"118 11/13/2008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 - Paae 5 of 18 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 requited by RESPA, and Borrower shall pay to header the amount necessary to make up the shortage in accordance with RESPA, but in no mot than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA. Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency in accordance with RBSPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lkm. 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 item are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Leader deteratines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Leader 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 repotting service used by Lender in connection with this Loan. 5. Property Insarame. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Under requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What I ender requires putxuant 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. A 10A(PA) twos) Pop" a or is BK 1819PG3824 I.Mft? Farm 3039 1/01 11113/2008 10:03:38 AM CUMBERLAND COUNTY Instl200333504 - Page 6 of 18 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. I.endar 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 S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the due of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Leader and renewals of such policies shall be subject to I.ender'a right to disapprove such policies, shalt include a standard mortgage clam, and shall name lender as mortgagee and/or as an additional loan payee. Leader shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Leader 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 Ions payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may snake 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 shalt 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 inamanoe proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the arms 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, I andcr may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument. whether or not then due. am.r:.TL? (9 -6AIPA1 rotosi ?ao. 7 or 14 t-orm 3038 1 f07 EgH1BITp g?{ 1 81 9PG3825 11/13/2008 10:03:38 AM CUMBERLAND COUNTY Inst. 200333504 • Pape 7 of 18 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; 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 Leader has released proceeds for such purposes. Larder may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Intermt in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants eel agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property arid/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then mender 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. Leader's actions can include, but are not limited to: (a) paying any sums secured by alien 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 tights under this Security Instrument, including its secured position in a bankruptcy proceeding. Stewing the Property includes, but is rot 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. -6A(PA) rose rp. e ? is wuw: ;.L Form 3038 1101 EXHIBIT A 6K1819PG3826 1111312008 10:03:38 AM CUMBERLAND COUNTY Inst,# 200333504 - Pape 8 of 18 Any amounts disbursed by Lander under this Section 9 shall became additional debt of Borrower secured by this Security Instrument. Than 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 premium required to maintain the Mortgage Insuau= 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 shalthe premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost subsgmtially 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 Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an Insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender requited 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 ions reserve, until Leader's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lander providing for such termination or until termination is requited by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rare provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinwrer, 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 paymeats for Mortgage Imurance, 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 afted the amounts drat Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Saab agreemeaft will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. C -WPA) most r.o. e of ie gK 1819PG3827 W10%; -TZZ Farm 3039 1/01 11113/2008 10:03:38 AM CUMBERLAND COUNTY lnst.# 200333504 - Page 9 of 18 (b) Any such agreentents will not afted the tights Borrower bas - if any - with tweed to the Mortgage Insurance under the Homeowners Protection Ad of 1998 or any other law, new rights may hm tnde the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance tttu'uarinated automdially, and/or to recelve a refund of any Mortgage Insurance prendu ns that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such Miscellaneous Proceeds until Leader has had an opportunity to mapecx 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. Union an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be requited 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 arms scored by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking. destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loo 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 tr++medi sly before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in whirr the fair market value of the Property immediately before the partial taking, destruction, or loan in value is lea than the amount of the auras 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 Leader 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 Leader's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be = -"(PA) (osa) Noe /o of 16 BK 181 9PG3828 WISW z Form 3039 1/01 11/1312008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 . Paqe 10 of 18 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of 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 Rdeased; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the soma secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend tiara 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 Inteteat 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 dire, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co4fgners; Saccessos's and Assigns Horrid. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-aigner's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums seamed 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 Meow 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 shalt 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 tray not charge fees that ate expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loam charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Lou exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be refcmded 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 refimd 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 aright have arising out of such overcharge. 13. 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 n+n.r•: 8K 18 19PG3829 Form 3039 1/01 EXHIBIT A 11113/2008 10:03:38 AM CUMBERLAND COUNTY Instl 200333504 - Page 11 of 18 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 gwdited procedure. There may be only one designated notice address under this Swmty 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 addreaa 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 lnatrument. 16. Governing Law; SevermbtUty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the patties 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 mesa 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. Tmwfer of the Property or a Beneficial hdared in Borrower. As used in this Section 18, "Interest in the Property" means any legal or bendicial 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 Raider's prior written consent, Ruder may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 Secdon 15 within which Borrower must pay all sums seemed by this Security Instrument. If Borrower fails to pay these an= prior to the expiration of this period, Lander may invoke ;ny remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Accelovdon. 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. Tbose conditions are that Borrower: (a) pays Lender ail mums which than would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or M -WPAi 4o2os) P"o is at If BK1819PG3830 rem.: :J-/-S n?/31 Tp Form 3039 1101 11/13/2008 10:03:38 AM CUMBERLAND COUNTY Instl 200333504 - Page 12 of 18 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 fees incurred for the purpose of protecting Larder'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. L.tader may require that Borrower pay such mini tatement sums and expenses in one or more of the following fbma, as selected by I.encier: (a) cash; (b) money order; (c) certified check, bank check, treasurer's cheat or cashier's check, provided say such check is drawn upon an institution whose deposits ate 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 oepured. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Sets cer; Notice of Grlevsaace. 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 sate might result in a change in the entity (]mown as the "Loan Setvicee) that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servieer, 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 trandfer of servicing. If We Note is sold and thereafter the Lou 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 Servieer 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 lnsavmew, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration ad 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 tare corrective action provisions of this Section 10. 21, Haawrdous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action. remedial action, or removal action, as defined in Environmental Law; and (d) an "Environments! Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Gk-GA(PA) iozosj rs.13 01 is Farm 3038 1101 8K1819PG383I 11113/2008 10:03:38 AM CUMBERLAND COUNTY Intl 200333504 - Page 13 of 18 Borrower shall not coast or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the PM . Borrower shall not do, nor allow anyone else to do, anything ?g the Property (a) that Is in violation of any Environmental Law, (b) which creates an Environmeim edition, or (c) which, due to die pretence. use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Pro The p two sentences shall not apply to the p=e=. use, or storage on the Property+ osmall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, gbut not limited to, hazudow substances in cwasu nor products). Borrower shall promptly give bender written notice of (a) any invetton claim, demand, lawsuit or other action by any governmental or regulatory agency or private patty involving the and any Hazardous Substance or Environmental Law of which Borrower has actual ltuow (b) any Environmental Condition, including but not limited to, spliling, leaping, discharge, release or throat of release of any Hazardous Substance, and (c) any ooadi )a 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 ggovernmental or negulator?r authority, or any private party, that any removal or other remediatim of any Hazardow Substance atyocftg the Property is necessary, Borrower shall prom ty t tape all remedial actions in accordance with Environmental Low. Nothing herein shad/ cresteany obligati Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's bremb of any covemint or agreement in this Security instrument (btu not prior to acceleration under Section 18 unless A licabfe Law ps+avidea otbprwlae). Linder 11 notify Borrower of, among other things: (a) the salt; (b) the action required to come the defmslt; (c) when the default must be cured; and (d) that fallare to care the default as specified may resait in acceleration of the scams secured by this Security imtniment, foreclosure by judleW psoesediag and sale of the Property. Lade r shall ht tber inform Borrower of the right to relusWe after acceleration and the rI& to assert in the foreclosure proossureeoIf the inn of a ddault or say other defense of Borrower to acceleration and foreclo. the default Is not cared as specified, Lender at its option may require immediate ppa?yment In full of aH sums secured by this Security Instrument without further demand and may foreaclow this Security Instrument by Judicial p Louder shall be entitled to collect all expenses incanted in pump the remedies provided ??g Secgou 22, Including, but not limited to, attorneys' fees and coats of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all arms secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall dischuge and satisfy this Security Instrument. Borrower shall pry ?y recordation costs. Leader 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. Walvers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security lnstrumeM, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sate, and homestead exemption. 25. Reinstatement Period. Borrowers time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff a sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is leaf to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a )udnt is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. (W-8AMAI toxoo Pp. 14 of 16 BK 1 819PG3832 W.i..-TAL f=orm 3038 1101 11/13/2008 10:03:38 AM CUMBERLAND COUNTY MCI 200333504 - Page 14 of 18 BY SIGHTING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: _ (Seal) -Borrower - (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower -- ?' (Sol) i0shua L Shindel -Borrower f-8AMA) 107061 PC" is of ie 8K1819PG3833 - (Seal) -Borrower - (Seg) -Do war Form 3089 1101 ?IBITA 1111312008 10:03:38 AM CUMBERLAND COUNTY Inst,# 200333504 - Page 15 of 18 Certificate of Residence do hereby certify that the correct address of the within-named Mortgagec is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 25th day of June 2003 Agent of MottgWe COMMONWEALTH OF PENNSYLVANIA, Cumberland On this, the 25th day of June 2003 undersigned officer, personally appeared Joshua L Shindel County ss: , before me, the blown to me (or satisfactorily proven) to be the person(s) whose name(a) is/me subscribed to the within instrument and acknowledged that he/shelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ,1`t`?y, IN Itiltrtttl+I a w" CL-GAIPA1102041 L e /I- I!& of Officer NOTARiAI. S GERALD I SHEKLET 7EAL d Kato. My Comml&*n Etl 83 .,p. 16 of is OK 181 9PG3834 miew /4 S Form 3039 1101 r7 %4 11113/2008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 - Page 16 of 18 LEGAL DESCRIPTION ALL THAT CUTAIN TRACY OF UND situate in the Township of Silver spring, County of Cumberland and State of Pennaylvenia, bounded and described as follows, to wit; MINNINo at a point as the north aide of Township NOW No. $96 (50 test alma) at the coroer of land now or formerly of Oscar u. Bricker and Mabel 8. Bricker, his wlfa, said point bolos North 75 desrses West, 141.94 feet from the western line of a proposed utility easement, running between said land of Oacar 1E. Bricker and Mabel A. Bricker, his wife, and land of Albert Jecobsj thence along the north side or said Township go" No. 596, North 75 degrees Vest, 139.45 feet to a point;, t man along a proposed 50-foot right of way, North 20 degrees 58 mLautes East, 204.66.feat to a point; thence continuing along said proposed right of way, North 24 degrees 47 minutes Vest, 59.07 feet to a point; thence along the line of land now or formerly of Oscar N. Bricker and Mabel 8. Bricker, his wife, Swsth 8o degrees 50 minutes Bast 113.77 foot to a PoiAt; thence continuing alasslaoda or sane, South 5 degrees 40 minutes Vest 264 feet to a point on the north side of the public Township Road lo. 596, the place of BOGINNING, have thereon sltuated a mobile how. The above described tract or land La to be considered Ra Lot No. 21 in the flan or Lots of Oscar N. Bricker known as Log Cabin Ville. BEING THE SANE PREMISES wh' h Steven Rickrode and Jean Rickrode, h/w by their Deed dated s ,e-x-R Z0 .2003 and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Joshua L. Shindel, Mortgagor herein. ! t ? i ' s.11 i s to be recorded PA3 t tit 1 t I ue3-land County PA Form 4100 `-r Recorder of Deeds 6K 9PG38*9? EXHIBITA 11/13/2008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 - Pape 17 of 18 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Township Road No. 596 (50 feet wide) at the corner of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, said point being North 75 degrees West, 141.94 feet from the western line of a proposed utility easement, running between said land of Oscar N. Bricker and Mabel R. Bricker, his wife, and land of Albert Jacobs; thence along the north side of said Township Road No. 596, North 75 degrees West, 139.45 feet to a point; thence along a proposed 50-foot right of way, North 20 degrees 58 minutes East, 204.66 feet to a point; thence continuing along said proposed right of way, North 24 degrees 47 minutes West, 59.07 feet to a point; thence along the line of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, South 80 degrees 50 minutes East 113.77 feet to a point; thence continuing alonglands of same, South 5 degrees 40 minutes West 264 feet to a point on the north side of the public Township Road No. 596, the place of BEGINNING, have thereon situated a mobile home. PARCEL NO. 38-04-0367-042A PROPERTY BEING: 464 SAMPLE BRIDGE ROAD File #: 192014 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 subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. ?-K J Vt4JQ G ( -7 , ni., Attorney for Plaintiff DATE: -10? • A File #: 192014 ` V ? ? }A4J V . + Ij SHERIFF'S RETURN - REGULAR CASE NO: 2008-07034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SHINDEL JOSHUA L DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHINDEL JOSHUA L the DEFENDANT , at 1447:00 HOURS, on the 29th day of December , 2008 at 464 SAMPT.R RRTT-)r4R PnAT) ENOLA, PA 17025 JOSHUA L SHINDEL by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.80 Affidavit .00 Surcharge 10.00 .00 47.80 Sworn and Subscibed to before me this day So Answers: ,2x?t4 R. Thomas Kline 12/30/2008 PHELAN HALLINAN SCHMIEG By: Deputy She f of A. D. t.s tS wi. 7 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-7034 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 JOSHUA L. SHINDEL, 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 $129,329.65 Interest -11/27/2008 to 02/04/2009 $1,393.00 TOTAL $130,722.65 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. h6ae/ Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: .21r/Of PHS # 192014 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff 215-563-7000 SOVEREIGN BANK : CUMBERLAND COUNTY VS. JOSHUA L. SHINDEL : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-7034 VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOSHUA L. SHINDEL is over 18 years of age and resides at 464 SAMPLE BRIDGE RD, ENOLA, PA 17025-1024. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ?0 ?? V ' cg??? Daniel G. Schmieg, Esquire 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SOVEREIGN BANK Plaintiff JOSHUA L. SHINDEL Defendant(s) TO: JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 DATE OF NOTICE: January 21, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-08-7034 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. IWORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: 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 MARLENE POWERS Legal Assistant PHS # 192014 _ 4Q. gn -V m "Y1 -41 N ? ... f Q"• CJ"i?w?y t_',? rn (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD CIVIL DIVISION ENOLA, PA 17025-1024 No. CIVIL-08-7034 Notice is given that a Judgment in the above captioned matter has been entered against you on By: T4' If you have any questions concerning this matter please contact: Amiew, h??- Daniel G. Schmieg, 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 INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 SOVEREIGN BANK V. JOSHUA L. SHINDEL Plaintiff, Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due No. CIVI1-08-7034 $130,722.65 ? Interest from 02/05/2009 - 06/10/2009 $2,707.74 and Costs (per diem -$21.49 ) TOTAL $133,430.39 n0A Y,,. I DAN G. SC EG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 192014 w? O? O ?a W OV U? H V m N O I LA i w A d 0 d8 w? w° O w H o Oo a w F 4 d 0 vi N O C" r-{ d a d 0 w a a rn d' d v O ? ? V 2 °tl3 CD PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff, V. JOSHUA L. SHINDEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7034 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DAN L . SCH G, ESQUIRE Attorney for Plaintiff ^ 1 nt -^ i s'n 1 SOVEREIGN BANK Plaintiff, V. JOSHUA L. SHINDEL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,464 SAMPLE BRIDGE RD, ENOLA, PA 17025- 1024. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 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 PENN WASTE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7034 Last Known Address (if address cannot be reasonably ascertained, please indicate) 88 BRICKYARD ROAD P.O. BOX 3066 YORK, PA 17402 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6ch 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 statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unLDG. cation to authorities. February 23, 2009 DATE SC IEG, ESQUIRE Attorney for Plaintiff 1 C _.7 SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, V. JOSHUA L. SHINDEL Defendant(s). No. CIVIL-08-7034 February 23, 2009 TO: JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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 A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 464 SAMPLE BRIDGE RD, ENOLA, PA 17025-1024, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $130,722.65 obtained by SOVEREIGN BANK (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 TRACT OF LAND situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Township Road No. 596 (50 feet wide) at the corner of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, said point being North 75 degrees West, 141.94 feet from the western line of a proposed utility easement, running between said land of Oscar N. Bricker and Mabel R. Bricker, his wife, and land of Albert Jacobs; thence along the north side of said Township Road No. 5%, North 75 degrees West, 139.45 feet to a point; thence along a proposed 50-foot right of way, North 20 degrees 58 minutes East, 204.66 feet to a point; thence continuing along said proposed right of way, North 24 degrees 47 minutes West, 59.07 feet to a point; thence along the line of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, South 80 degrees 50 minutes East 113.77 feet to a point; thence continuing alonglands of same, South 5 degrees 40 minutes West 264 feet to a point on the north side of the public Township Road No. 596, the place of BEGINNING, have thereon situated a mobile home. The above described tract of land is to be considered as Lot No. 21 in the Plan of Lots of Oscar N. Bricker known as Log Cabin Ville. TITLE TO SAID PREMISES IS VESTED IN Joshua L. Shindel, single man, by Deed from Steven Rickrode and Jean Rickrode, h/w, dated 06/25/2003, recorded 06/27/2003 in Book 257, Page 4064. PREMISES BEING: 464 SAMPLE BRIDGE RD, ENOLA, PA 17025-1024 PARCEL NO. 38-04-0367-042A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7034 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sovereign Bank Plaintiff (s) From Joshua L. Shindel (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 $130,722.65 L.L.$.50 Interest from 02/05/2009 - 06/10/2009 (per diem - $21.49) $2,707.74 and Costs Atty's Comm % Atty Paid $166.80 Plaintiff Paid Due Prothy $2.00 Other Costs Date: February 25, 2009 (Seal) ?'? -W t.2??J?L C is R. Long, Pr ary By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215)563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Court of Common Pleas Plaintiff V. Civil Division JOSHUA L. SHINDEL Defendant CUMBERLAND County No. CIVIL-08-7034 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 2, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on February 5, 2009 in the amount of $130,722.65. 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 June 10, 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 $124,178.52 Interest Through June 10, 2009 $6,829.07 Per Diem $19.75 Late Charges $370.10 Legal fees $1,325.00 Cost of Suit and Title $801.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $82.80 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $0.00 TOTAL $133,586.99 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 April 2, 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. / Phelan Hallman & Schmieg, LLP DATE: `? a L BY: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff V. JOSHUA L. SHINDEL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-08-7034 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JOSHUA L. SHINDEL 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 464 SAMPLE BRIDGE RD, ENOLA, PA 17025-1024. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, 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 Sheriff s 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 Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. 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 Sheriff s 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. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicom v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: - S Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire 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. 5874.5 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SR.IVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 6.1791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No: 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 192014 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 Fri > .._. n ,, rrV Z3 ~'' C-a J rn N) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM t'4-11 V. NO. dk- ;?// JOSHUA L. SHINDEL 464 SAMPLE BRIDGE ROAD ENOLA, PA 17025 ATTORNEY FILE CCIf1t.' PLEASE RETURN CUMBERLAND COUNTY We hereby 14111hin I© be I?rgi . the a trot Defendant O{}rr? copy t'theand original Iried of ra,'erd CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 192014 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 #: 192014 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JOSHUA L. SHINDEL 464 SAMPLE BRIDGE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/25/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1819, Page 3819. By Assignment of Mortgage recorded 09/18/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200736273. Said mortgage was modified as set forth in the modification agreement dated 12/01/2007, in Mortgage Instrument No. 200805017. 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 08/01/2008 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 #: 192014 6. The following amounts are due on the mortgage: Principal Balance $124,178.52 Interest $2,965.10 07/01/2008 through 11/26/2008 (Per Diem $19.90) Attorney's Fees $1,325.00 Cumulative Late Charges $111.03 06/25/2003 to 11/26/2008 Cost of Suit and Title Search 750.00 Subtotal $129,329.65 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $129,329.65 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 192014 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,329.65, together with interest from 11/26/2008 at the rate of $19.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. . (o17g LAWRENCE T. PHELA QUIRE 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 MCGUI NNESS, ESQUIRE Attorneys for Plaintiff File #: 192014 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Township Road No. 596 (50 feet wide) at the corner of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, said point being North 75 degrees West, 141.94 feet from the western line of a proposed utility easement, running between said land of Oscar N. Bricker and Mabel R. Bricker, his wife, and land of Albert Jacobs; thence along the north side of said Township Road No. 596, North 75 degrees West, 139.45 feet to a point; thence along a proposed 50-foot right of way, North 20 degrees 58 minutes East, 204.66 feet to a point; thence continuing along said proposed right of way, North 24 degrees 47 minutes West, 59.07 feet to a point; thence along the line of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, South 80 degrees 50 minutes East 113.77 feet to a point; thence continuing alonglands of same, South 5 degrees 40 minutes West 264 feet to a point on the north side of the public Township Road No. 596, the place of BEGINNING, have thereon situated a mobile home. PARCEL NO. 38-04-0367-042A PROPERTY BEING: 464 SAMPLE BRIDGE ROAD File #: 192014 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 subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. ? Gl7 ? Attorney for Plaintiff DATE: -10 ? - A File #: 192014 Exhibit "B" v Phelan Hallinan & Schmieg, LLP By. Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 Attorney for Plaintiff ~ '. CUMBERLAND COUNTY 1' ? T VCO MMON PLEAS CIVI . II ISION : No. CIVIL-08-7034 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO o ANSWER AND ASSESSMENT OF DAMAGES -off TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOSHUA L. S wir c Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fronerv o rn thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs iihma asg follows: games -< As set forth in Complaint $129,329.65 Interest -11/27/2008 to 02/ Al1 $1.393.00 b ene j TOTAL $130,722.65 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ?//' 4.4?e__ Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 47* PHS # 192014 -?Lj PROP OTHY Exhibit `6C" 0 0 z aCOO a W ,o x? U Q? Wu U z? ?a ,W°' ,• . 'b zQo ao ? ? T O E °o c O N O O ? ? y q 'O Q ? O C V E c a??' y o y c £ 0 L6 4 WOO 1 ?'yi E ° ° N.?? a3 60H £0 adv 0812 ' b ? n. o 0 0 A VU z o ro .3 simom A1M11d aN N C q ,?M 3 E y a ? ' Su E a, x , V k N N E W ? O v 7 'fl F? o o C ? G ? > N . O . U W z = O V T O O ? C ^ N v on p 'c p E w C Vl C W E Q j P O C O r ? o t <n ISM b O N r P ? p O N ? ? p O F ? Hs?S CG b O .? z d w A m a w C ? o o w v a, M Iz- a a T ? O w Q a °l y ? a w ti a a? W z U V rrN O Q W w ., O o ? x z N U ^'? v t Q x °m E N cu z a a •--? N M o o N M rt Vl o .? [- P. Ntc 3-? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: 64- 1-17 By: _ Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff Court of Common Pleas Civil Division V. JOSHUA L. SHINDEL Defendant CUMBERLAND County No. CIVIL-08-7034 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. JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 DATE: ? a l Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff 2TI9 APR 13 AM y: 4 3 APR 14 2009 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JOSHUA L. SHINDEL No. CIVIL-08-7034 Defendant RULE AND NOW, this - day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. w%rt.tt?s Zo DWy.S 6f jNf 1)p?f al= TktS 6k.Df-P, Rule Returnable on the ?f 411a n0 Co BY THE A -%v J. l CL. a ", c 'n a C3 ° c Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele bradford(a-)fedphe.com JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 192014 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. JOSHUA L. SHINDEL Defendant CUMBERLAND County No. CIVIL-08-7034 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 15, 2009 Rule was sent to the following individual on the date indicated below. JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 DATE: Ph an altinan & Schmieg, LLP deks By: I - n Mic le A. Bradford, Esquire Attorney for Plaintiff OF THE FF?7-? i, 2609 APR 30 aA 161: ( r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty.1.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff V. JOSHUA L. SHINDEL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-08-7034 MOTION TO MAKE RULE ABSOLUTE SOVEREIGN BANK, by and through its attorney, Michele M. Bradford, 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 April 13, 2009. 3. A Rule was entered by the Court on or about April 15, 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 on April 29, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 5, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Attorney PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff Court of Common Pleas Civil Division V. JOSHUA L. SHINDEL Defendant CUMBERLAND County No. CIVIL-08-7034 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was entered by the Court on or about April 15, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 2, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 5, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P HaRinan & Sc ieg, LP DATE: By: ichel . Bradfor , Esquire Attorne for Plaintiff Exhibit "A" APR 14 2009 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK Plaintiff V. JOSHUA L. SHINDEL Defendant Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-08-7034 RULE AND NOW, this - day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. wtrta tlcl zo AW YS 6 F rML Db4 Tf 0 TN IS. 6$Pbf.: . Rule Returnable on the Co BY THE COURT J. ? Exhibit "B" fY? 4 T. d . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff V. JOSHUA L. SHINDEL Defendant t .. r y ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CLtIUIBEklizol "Tty No. CIVIL-68-7634 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 15, 2009 Rule was sent to the following individual on the date indicated below. JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 rr Ph Altinan & Schmieg, LLP DATE: By; Michele Bradford, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. #4904 relating to the unsworn falsification of authorities. DATE: IA A By: Nichd(e/M. ie , LL ra rd, EsqUdF Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff Court of Common Pleas Civil Division V. JOSHUA L. SHINDEL Defendant CUMBERLAND County No. CIVIL-08-7034 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. JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 DATE: Phelan Halli & Sc ieg, LLP By: M e e ra fo uir Attorney f Plaintiff ALEIID--r , - { OF t r 2009 MA i 14 AN' 10- G . MAY 15 1009Gi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division V. JOSHUA L. SHINDEL CUMBERLAND County No. CIVIL-08-7034 Defendant ORDER AND NOW, this day of IMF 1 , 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 $124,178.52 Interest Through June 10, 2009 $6,829.07 Per Diem $19.75 Late Charges $370.10 Legal fees $1,325.00 Cost of Suit and Title $801.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $82.80 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 ($0.00) $0.00 TOTAL $133,586.99 Plus interest from June 10, 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 C J. 192014 ),r6t-ls - r wj:? ru/ l?i 1 ?tfi;?V k 6 C :? Rd 6 S A VW 60OZ SOVEREIGN BANK VS. JOSHUA L. SHINDEL : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. CIVIL-08-7034 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, A. c f.l u -r dZr-Esq. attorney for SOVEREIGN BANK hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. 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 as Exhibit "A". DATE: 0 rC) 4 By \ v Z 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 Attorneys for Plaintiff SOVEREIGN BANK Plaintiff, V. JOSHUA L. SHINDEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7034 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,464 SAMPLE BRIDGE RD, ENOLA. PA 17025- 1024. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENN WASTE, INC. 88 BRICKYARD ROAD P.O. BOX 3066 YORK, PA 17402 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALLFIRST BANK 25 SOUTH CHARLES STREET BALTIMORE, MD 21201 5.. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 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 f tements rein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn f sification to auth rities. May 5, 2009 DATE DANIEL G. SCHMIE(?, Attorney for Plaintiff w s „ Rig J Q ?jC v £ 0 l61 3000 dIZ WOHA 031ItlW _ r 6002 bZ 83d O L08 LZb000 a o81'ZO $ wl ZO 53NWB A3MVd BMW NOd s0'?' s r. b ,O 7 ? O o cn 5gb`s A c ? owH°_ ?J wYYYw O O ?? Nw'ia moo W ?O O E''? ? ?d r s ad .: WPB a > o C? 40? r) <s; ?? z ? o 'p a '? W a a d Woo ? H' -` A '?W o q vz ,r? a oo ? ? ? cn w ? W o PR 1, N p ' ? ,,p et ? ? 6 40- N O ?O?op a ?a 3d m 4-4'D en .?0, rnW 1 7. s '4 ?O Qv?O ?-?P''c-r O ?U UAa• pU m d W z o v ? o E © ,o o? ? A w .-+ N b ? .a ?t I is W ox , rn Q C, a o b o a ?xa a A ? ? "CI Q zoo a w a ? f 6 g 9 ti f ? ?. ? gH £0 461 3a0a lVtiJ02t3 Q3ltbYS1? 6002 Sox 01081200001 , n OOZ ? W1 Z e ? 53MOO X3MAfd ? j,. f . ? •g C [G 'A W o X ..r ' . V C ? ?-. O O F ? ? C! N y tlj9 ? tl iNA p ' ' qQ > O E Y .? O . a5 J O M ?.E 8 o g ? g$v o 'o C h C 4.. O W i9 '? N s?a I.Ig ? ? ? a 0 N ? W N 0. o a° a W ? ? r pqU? _ s x ? o ? 2 a d E z a ? •-- N M ? h ?D l? 00 O? ? '-' ? x a H? (w F FI OF THE P':?; ;f! ? kQy 22 11 '1 PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 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 FOR EQUITABLE CONVERSION TO REAL PROPERTY AND NOW, COMES PLAINTIFF, Sovereign Bank, by its attorneys, Phelan Hallinan & Schmieg, LLP, and presents this Motion for Equitable Conversion to Real Property, and in support thereof, avers the following: 1. On or about June 25, 2003, Joshua L. Shindel made, executed and delivered a mortgage to Mortgage Electronic Registration Systems, Inc. in the principal sum of $119,900.00 for the property at 464 Sample Bridge Road, Enola, PA 17025, which mortgage was recorded on June 27, 2003 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1819, Page 3819. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 2. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Sovereign Bank, which assignment was recorded on September 18, 2007 in the Office of the Recorder of Deeds of Cumberland County Instrument number 200736273. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "B". 3. Defendant defaulted on the mortgage payments, and remains due and owing to Plaintiff for the August 1, 2008 payment and each payment thereafter. 4. On or about December 2, 2008, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "C". 5. Defendant Joshua L. Shindel was served with the complaint on December 29, 2008. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "D". 6. Plaintiff filed a default judgment against Defendant on February 5, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "E". 7. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 38-04-0367-042A. Based on the Cumberland County assessment ratio of 1.26, the fair market value of the property is 154,299.60. A true and correct copy of the tax assessment record is attached hereto, made part hereof, and marked as Exhibit "1719. 8. On May 12, 2003, the property was appraised at 120,000.00 for the land and house together. The appraiser noted that the house is a mobile home. A true and correct copy of the appraisal is attached hereto, made part hereof, and marked as Exhibit "G". 9. It was clearly the intention of the parties that the $119,900.00 loan be secured by a mortgage on both the land and the house. 10. Plaintiff obtained photographs of the house which reflect a deck, garage, basement, landscaping, permanent utility hookups, and an asphalt driveway which show the home's permanent affixation to the land. Attached hereto, made part hereof, and marked as Exhibit "H" are true and correct copies of the photographs of the subject property. 11. In addition, Plaintiff inquired of the Pennsylvania Department of Transportation ("Penndot") and was informed that there is no mobile home registered in the Defendant's name. This is further evidence that the home is not mobile and that the Defendant intended the home to be permanently affixed to the land. A true and correct copy of Penndot's letter is attached hereto, made part hereof, and marked as Exhibit "I". 12. There is no statutory basis in the Commonwealth of Pennsylvania for court declaration that a mobile home has been converted to realty and affixed as part of the land. 13. Pennsylvania is rife with common law that personal property or chattel be considered a fixture and as such, part of the real estate, when it is deemed to have been permanently affixed to the land. 14. Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. 15. Principles of equity dictate that the intent of the parties should govern. 16. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to for Equitable Conversion and Order to the Defendant on July 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 "J". 18. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Wesley J. Oler Jr. entered an order for Motion to Reassess Damages dated May 17, 2009 is attached hereto, made part hereof, and marked as Exhibit "K". WHEREFORE, Plaintiff Sovereign Bank respectfully requests that this Honorable Court enter an Order on this motion, that the property at 464 Sample Bridge Road, Enola, PA 17025 with a tax parcel I.D. number of 38-04-0367-042A, be equitably converted to real estate by way of this motion, and not subject to separation from land. Date: 0 .14 PHE HALLINAN & SCHMIEG, LLP By: LS42-7 chele M. radford, quire enine R. Davey, Esquire Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 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 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY I. PROCEDURAL HISTORY On June 25, 2003, Joshua L. Shindel made, executed and delivered a mortgage on the Property to Mortgage Electronic Registration Systems, Inc. in the principal amount of $119,900.00. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of the Mortgage to Sovereign Bank. Defendant defaulted in payments on the mortgage, and remain due and owing to Plaintiff for the August 1, 2008 payment and each payment thereafter. On or about December 2, 2008, Plaintiff filed a complaint in mortgage foreclosure, Joshua L. Shindel was served with the complaint on December 29, 2008. Plaintiff filed a default judgment against Defendant on February 5, 2009. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 38-04-0367-042A. Further investigation of the property was obtained by way of an appraisal report, and photographs were taken of the property, to ascertain the status of the real estate improvement. Plaintiff also obtained a report from Penndot. Since the house is a mobile home or a manufactured home, potential third party purchasers of the property may not be able to obtain insurable title. The fact that the house is a mobile home or a manufactured home is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the house as realty, so that the buyer of the property at Sheriff's sale will acquire clear title to the house and land, and will be able to obtain an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. H. LEGAL ARGUMENT A. Conversion to Realty Clearly it was the intent of the mortgagors that the home be used as security for the loan made by Mortgage Electronic Registration Systems, Inc. and not raw land alone. It was certainly Mortgage Electronic Registration Systems, Inc.'s intent that the mortgage cover the dwelling. In Pennsylvania, the intent of the parties is a key consideration in determining whether or not a chattel becomes a fixture. In re Appeal of Sheetz. Inc. 657 A.2d 1011 (1995). There are at least three considerations to be made in making this determination: (1) the manner in which it is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement and (3) the intention of the parties who attached or installed it. Id. At 1013, citing, McCloskey, 101 Pa. Commonwealth Court at 113-4,515 A.2d at 644 citing, Clothier, the Law of Fixtures in Pennsylvania, 32 Pa. B.Q. 66, 66-67 (1960-61). Plaintiff submits that when these factors are considered, it is evident that the home is affixed to the land. The parties did not sit down at the closing table with the intent to mortgage raw land. If this home was ever mobile, it is not now, being firmly founded without any trace of mobility. Neither is the home convertible back to a mobile status. The Sheetz case goes on to cite the Superior Court case of Streyle v. Board of Property Assessment, 173 Pa. Superior Court 324, 98 A.2d 410 (1953) which held that "[h]ouse trailers, so long as they remain mobile, i.e., equipped with wheels, are personal property and not subject to taxation as real estate". Id. at 327, 328, 98 A.2d at 412. It would stand to reason that once the wheels are removed, permanent affixation is evident, the property should be taxable as real estate. Clayton v. Lienhard, 312 Pa.433, 167 A.321 (1933) is still the lead case cited for determining what category "chattels" fall under in connection with real estate. There is that which is clearly furniture and will always remain personalty, that which is clearly affixed and cannot be removed without injury to the real estate or the fixture itself, and that under which mobile homes fall: physically connected to the real estate, but removable without destroying the mobile home or the real estate. Plaintiff submits that the home at 464 Sample Bridge Road, Enola, PA 17025 falls under the second classification. However, were the court to find that it was a "mobile home" under the Cla on definition, it would still need to find the home to be real estate, due to the determining factor that is the intent of the parties at the time of annexation Id. At 436, 322 (emphasis added). The Boyd Appeal case heard in Beaver County, Pennsylvania held that a "mobile home" which had its mobility removed was no longer a "mobile home" for zoning purposes, but should be deemed a single-family dwelling. It further distinguished between trailers (with wheels) and mobile homes, indicating that "the structural construction of th[is] home differs from that of a conventional home only to the extent that it is of a smaller scale. The degree of difficulty in physically moving the structure is the same". Boyd Appeal, 67 Pa. D. & C. 2d1, 1974 WL 15624 (Pa.Com.Pl) (1974). In defining the structure, the Court set forth a plethora of factors that it found to separate such a permanent home from that of a trailer, such as the foundation itself, the building materials, the water, sewer and electricity utilities, telephone service, septic tank and fuel oil heating unit. Id. at 15. Further, counsel for Plaintiff in prior cases with very similar fact patterns has had relief granted in its favor in several Pennsylvania counties. In the instant case, Joshua L. Shindel has clearly evidenced similar manifestations of intent to have this dwelling be permanently affixed to the land. It is clear from the photographs attached hereto that there is utility hookup, a porch, and a permanent foundation, and the interior of the dwelling is replete with the amenities of any other home. Further, as evidenced by the Cumberland County Tax Assessment documents attached to Plaintiff's instant motion, this property has been assessed as improved property for real estate tax purposes. Surely, logic dictates that if this type of improvement would be considered a home for zoning reasons, and the very county in which it sits has assessed it as real estate for tax purposes, the property should be deemed realty. A Lancaster County, Pennsylvania Court used the Cla on standard to hold that a mobile home constituted real estate under Pennsylvania law when the wheels of the home had been removed, the home remained in place for seven years, water, sewer, electricity and telephone were connected, and the owners paid real estate taxes to Lancaster County. Fromm v. Frankhouser, 7Pa. D. & C. 3d 560,566-567,1977 WL 269 (Pa.Comm. PI) (1977). The same conclusion should be reached in Cumberland County in the instant case. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any parry or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P.3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. (See Exhibit "E"). Moreover, it is also clear that the mortgaged property at 464 Sample Bridge Road, Enola, PA 17025, is property of the Defendant and is subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. C. Plaintiff's Motion to Equitably Convert Should Be Granted Pursuant to Rule 126 In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas. " Id. at 609. In support of its ruling, the Livingston court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. In the present case, the Defendant at all times was aware of all proceedings and was able to fully participate. However, the Defendant has not contested any of the proceedings. Requiring a separate action to quiet title would cause undue delay and additional cost to Plaintiff. D. Quiet Title and Foreclosure Claims May Be Joined Under Meara Even if the Motion to Equitably Convert to Real Property were deemed to be a quiet title action, such an action may be properly joined with a foreclosure action under Meara v. Hewitt, 455 PA 132 (1974). Under the Pennsylvania Rules of Civil Procedure, a plaintiff in an action of mortgage foreclosure may state in his or her complaint two or more grounds for foreclosure, but may not state more than one cause of action. Pa. R.C.P. 1146. Thus, an action in equity may be joined with an action to quiet title and an action of mortgage foreclosure, where all three actions turn on the same legal question of the validity of a mortgage. Goodrich Amram 2d § 1146:1. E. Declaratory Relief Pennsylvania Rule of Civil Procedure 1602 titled "Declaratory Judgment as Ancillary Relief' states that a party may include a prayer for declaratory relief in any action at law or in equity. Consistent with the law cited above, this rule permits Plaintiff's requested relief in a mortgage foreclosure action. The Declaratory Judgments Act states, "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed...." 42 Pa. C.S.A. §7532. In the instant case, Plaintiff is seeking an order declaring the status of the house as realty. Section 7532 gives the Court the authority to make this declaration. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. Doe v. Johns-Manville Corp., 471 A.2d 1252, 324 Pa. Super. 469 (Pa. Super. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. Curtis v. Cleland, 552 A.2d 316, 122 Pa. Cmwlth. 328 (1988). Accordingly, Plaintiff submits that the Declaratory Judgments Act provides the Court with jurisdiction to declare Joshua L. Shindel's house as realty, to provide relief to the Plaintiff from the uncertainty associated with selling a mobile home or manufactured home to a third party. F. Equitable Principles Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well- settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779,116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. WHEREFORE, Plaintiff Sovereign Bank respectfully requests that this Honorable Court enter an Order on this motion, that the property at 464 Sample Bridge Road, Enola, PA 17025 with a tax parcel I.D. number of 38-04-0367-042A, be equitably converted to real estate by way of this motion, and not subject to separation from land. Date: Respectfully submitted: PHE HALLINAN & SCHMIEG, LLP By: - i hele M. Bradfor , Esquire J ' e R. Davey, Esquire Attorneys for Plaintiff EXHIBIT A 1,-,71,. 5> 3 3nv • : ` dent Prepared By: Heidi Merritt P. O. Box 1711 Harrisburg, PA 17105 866-929-7646 Parcel Number: 38040361042A Return To: WAYPOINT BANK P. O. Box 1711 Harrisburg, PA 11105 866-929-7646 [Space ALnye M& tba Far Retwr&m Data] MORTGAGE MIN 100249600000001475 DEFINITIONS Words used iu multiple sections of this document are defined below and other words arc defined in Sections 3. I t, 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Inswument" means this document, which is dated June 25th, 2003 , together with all Riders to this document. (B) "Borrower" is Joshua L Shindel Borrower is the mortgagor under this Security Instrument. (C) "MFRS" Is Mortgage Electronic Registration Systems, Inc. MFRS is a separate eorporadon that is acting solely as a nominee for Leader and Lender's successors and assigns. MER.S is the mottgaget 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-HERS. PENNSYIVAMA - Shvie Family - Fanttia Maa/Fnddia Mae UNIFORM W8TRUMENT WITH MERS Farm 3039 1/01 4ft"IPA) req. 1 W 16 wwu:? VMP MORTGAGE FORMS - tO0Wb21-7281 ,. p?1i181T A 3 -AT P. Zl£CLER.. c0-9uER OF DEEDS ' VERLAND COUNTY-*`;-. `3 JUN 27 PEE 1 31 8K1819PG3819 11113/2008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 - Page 1 of 18 (D) "Lender" is WAYPOiNT BANK Lender is a Federal Savings Bank organized and existing under the laws of the United States of America Lender's address is P. 0. Box 1711, Harrisburg, PA 17105 (E) "Note" means the promissory note signed by Borrower and dated June 25th, 2003 The Note stater that Borrower owes Lender One Hundred Nineteen Thousand Nine Hundred and no/100. Dollars (U.S. $ 119, 900.00 ) plus interest. Borrower has promised to pay this debt in regular periodic Paymmu and to pay the debt in aril not later than July 13t, 2033 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property-" )(G "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (E4 "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (cheek box as applicable): Adjustable Rate Rider Balloon Rider Condominium Ride Planned Unit Development Rider 0 Second liome Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] Rider to Paragraph 19 (1) "Applicable Law" clews all controlling applicable foderal, state and local statutes, regulations. ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-,?e judicial opinions. (J) " unity Association Dares, 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 organizadon. M "Electronic Funds Tnunfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an elecumdc terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct. or rAborim 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 maisted by telephone. wire transfers, and automated clearingbouse trisfers. W "Escrow Items" means those items that are described in Section 3. (N1) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by arty third party (other than insurance proceeds paid order the coveraga described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other tatting of all or nay part of the Property; (iii) conveys= in lieu of condemnation; or (Jv) rations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Leader against the nonpayment of, or default on, the Loan. (O) 'Terlodk Payweat" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security lastrument. wcw.;?L..S 10-6AWAl roaoa PW 2 a 1s Form 3039 1101 11113/2008 10:03:38 AM 8K 18 ! 9PG3820 CUMBERLAND COUNT lnst# 200333504 -Page 2 of 18 (1) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing rt?ulatioa, Regulation X (?A C.F.R. Pori 3500). u they might be amended front time to time, or any additional err succexsor legislation or regulation that governs the same wbjecx matter. As used in this Security Instrument, 'RESPA" refers to all reQuireuaemta and nntrirxions that are imposed in regard to a 'federally rzlated mortgage loan" even if the Loan does not qualify as a 'federally re)ateed mortgage loan" uudcr RBSPA. (Q) "Successor In Interest of Borrower" means soy party that his taken title to the Property, whether or not that party has assumed Bormwer's obligations uadeer the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument socures to Leader: (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 Leader and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the county (type of PAMCding lartedicdoal of Cumberland [Name of Recoffd* JudWicfml: which currently has the address of 464 Sample Bridge Road (SU-4 p? y ????p? Enola [CM, Pennsylvania 17025 [Zip Code) V Pro e,tJ Addresw")• TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and Rxmm now or hereafter a part of the prs?ty. All rePlacements and additions also be covered by this Sexu rhy Instrument. All of the fat g?aiag is reIn this SecuritrInsaument as the •Property.' Borrower undo a umds and agrees that holds only legal title to the granted by Borrower In this Sexaerit?r Instrument, but, if accowzy to comply with taw or custom, MFRS (as nominee for header and Leader a waxa:ors and assips) his the right" to exercise any or all of those iaternsts, includiinngg, but not limited to, the right to foreclose and sell the Property: and to 'on required of Leader including, but not limited to, releasing and emellug this Security instrument. take any -8A(PA) lo=on raoas«sa trunk i&2 Fatm 3039 1101 0 8K1819PG382I 11/13/2008 10:03:38 AM CUMBERLAND COUNTY 1ns1.# 200333504 - Page 3 of 18 BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property ad 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 praperty- UNIPORM COVENANTS. Borrowa and Lender covenant and agree as follows: 1. Paymatt of Principal, Intact, Faerow 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 trade in U.S. currency. However, if any check or other instrument received by Leader as payment under the Note or this Security Instrument is returned to Linder unpaid, Leader may require that any or all subsequent payments due under the Note and this Security Instrument be mace in one or more of the following forms, as selected by Lender: (a) cash; (b) money order: (e) cerd W check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon as institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when r rived at the location designated in the Note or at such other location as may be designated by Linder in room mce with the notice provisions in Section 15. Lender may return any payer or pfd payment if the payment or partial payments are insufficient to bring the Lan current. Lender may accept any payer or peal payment insufficient to bring the Loan current, without waiver of any rights hereunda or prejudice to its rights to refuse such payment or partial payments is the future, but Leader is not obligated to apply such payments at the time earch payments am accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unappiied funds. Leader may hold such umapplied foods until Borrower makes payment to bring the Lana current. If Borrower does not do so within a reasonable period of time, Lender shall eitber apply such fwuds or return than to Borrower. If not applied earlier, such finds will be applied to the outstanding principal balance under the Note immediately prior to foteclosmo. No offsa or claim which Borrower might have, now or in the future against Leader shall relieve Borrower from makiag payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise ductibed is this Section 2. all payments accepted and applied by Deader shall be applhod in the following order of priority: (a) interest due under the Note; (b) principal due under flu Note; (c) amounts due under section 3. Such payments shall be applied to each Periodic Payment In the order in wbicb 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 Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a suMcient 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. header may apply any payment rcccivcd from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment Q -"IPA) w2 m F"S 4 M la rwrm 3039 1/01 8K 181 9 PG 3 8 2 2 EXNtB ff A 11/132008 10:03:38 AM CUMBERLAND COUNTY InSt.# 200333504 - Paae 4 of 18 can be paid in full. To the extent that any excess exists Ulu the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, Insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments. 3. Funds for Escrow hems. Borrower shall pay to Leader on the day Periodic Payments are due under the Note, until the Note Is paid in W. a sum (the 'Funds) to provide for pay== of amounts due for. (a) taxes and assessments and other item which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasc hold payments or ground rem on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums. if any. or any sums payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section 10. These items arc callod 'Escrow Items.' At origination or at any time during the term of the Loan. Lender may require that Community Association Dues, Fees, and Amts. if say, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower sha11 promptly ferrnlah to Leader 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 pry the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for my 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 Leader requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrowees 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 tails to pay the amount due for an Escrow Item, Lender may exercise its rights under section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Leader may revoke the waiver ss to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower :hall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at my 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 Foals due on the basis of current data and reasonable estimates of expenditures of tihtene Escrow Items or otherwise in accordance with Applicabio Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentahity, or entity (including Leader, if Lancet is an institution whose deposits are so insured) or in any Federal Home Lou Bank. Leader shall apply the Funds to pay the Escrow Items no later than the time specified under RFSPA. Lender shall not chap Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow hems, unless I,exdet pays Borrower interest on the Funds and Applicable Law permits Lender to make snub a dwSe. Unless an agreement is made is writing or Applicable Law requires inuaw to be paid on the Funds, I ender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest -W.W. ' - at-BALPA) toaam F"d s a Is Form 3039 1101 BX 1819PG3823 at116tT A 11113/2008 10:03:38 AM CUMBERLAND COUNTY InsL# 200333504 -Paw 5 of 18 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If these is a surplus of Funds held In escrow, as defined under RESPA. Leader shall account to Borrower for the excess funds in accordance with RESPA. If that is a shortage of Punds held in escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to matte up the shortage in accordance with RESPA, but in no more than 1.2 monthly payments. If these 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 Leader the amount necessary to make up the deficiency in accordance with RESPA, but In no more than 12 monthly payments. Upon payment in fu11 of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. ChaiVw, Leas. Borrower shall pay all taxes, assessments, charges, fines. and impositions attributable to the Property which can attain priority ova this Security Instrument, leasebold payments or ground rents on the Property, U any, and Community Association Dues, Feces, 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 Tien 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 enfareement of the lien in, legal proceedings which in Leader's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the: lien an agreement satisfactory to Leader subordinating the lien to this Security Instrument. If Leader determian that any part of the Propcrty is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lieu. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Leader may require Borrower to pay a onetime charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property inmusuce, 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, card qual= and floods, for which Lender requires insurance. Ibis insurance shall be maintained in the amonnta (including deductible levels) and for the periods that Lender requires. What Leader requires pum= to the preceding sentences can change during the term of the Loan. Ile insurance carrier provWinlg the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right ahA not be exerdsod 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 determiaiadon and certification services and subsequent charges each time remappipp 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. 4f6AtPAI pzose rapes of t s 8K1819PG3824 Z4-5 Form 3039 1/01 11113/2008 10:03:38 AM CUMBERLAND COUNTY Instl 200333504 . Page 6 of 18 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Leader'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 m 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 S shall become additional debt of Borrower sea, by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. . All insurance policies required by Lender and renewals of such policies shall be subject to Landder's right to disapprove such poIkks. shall include a standard mortgage clause, and shall name Lender as mortgagee sndlor 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 Deader all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage: to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name I codex as mortgagee and/or as an additional Ions payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. header 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 re=storation or repair of the Property, If the restoration or repair is economically feasible and Leader's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lauder has had an opportunity to inspect such Property to eumn 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, Laden aball not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair la nee economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, wbether 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 Leader that the insurance carrier has offered to settle a claim. then Lender may negotiate and settle the claim. no 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 instuance proceeds in an amount not to ercoood the amounts unpaid under the Note or this Security Iasimawit, and (b) any other of Borrower's rights (other thaw the right to any refund of untamed premiums paid by Borrower) snider all Insurance policies covering the Property, insofar as such rights arc applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid tender the Note or this Security Instrument. whether or not then due. Wa%.04S 40-9AtPA) 10WQ re" 7 0114 Form 3039 1101 IJIB1T A 8K 1819PG3825 11/13/2008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 . Pape 7 of 18 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 drys 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 withbeld, or unless extenwating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating at decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shalt prosy 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 arch purposes. Lewder may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Leader may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. BorrowWs Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false. misleading. or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Low. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of header's Interest in the Property and Rights Under this Security Insbvinent. If (a) Borrower fails to perform tine eoveaants and agreements contained in this Security Instrument, (b) there is a legal probing that might significantly affex Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader 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 an dfor repairing the Property. Leader's actions can include. but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to. entering the Property to make repairs. change lodes. replace or board up doom and windows. drain water from pipes, diauuate building or other code violations or dangerous condition, 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 action authorized under this Section 9. -6A(PA) imm • g1{ 1819PG3826 ?w. a of to ExJJ181T A Form 3039 t/Ot 11/1312008 10:03:36 AM CUMBERLAND COUNTY Inst.#200333504 -Page 8 of 18 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These: amounts shalt bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leander to Borrower requesting payment. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lean. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not wage unless Leader agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting 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 Deader ceues to be available from the mortgage insurer that previously provided such insturance 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 Insurances previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall contituue to pay to Lender do amount of the separately designated payments that were due when the insurance age caned to be in effect. Leader will accept, use and retain these payments as a non-refundable loss reserve in- lieu of Mortgage Insurance. Such loss reserve shall be non-ref indable, notwi&MIlding the faux that the Lou is ultimately paid in full, and Lender shale not be required to pay Borrower any interest or earnings on such loss reserve. Leader can no Iongor require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires) provided by an Insurer selected by Lender again becomes available, is obtained. and Lender requires separately designated pmts 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 Leader providing for such termination or until termination is regained by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rata 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 LAw as agreed. Borrower is not a parry to the Mortgage Insurance. Mortgage insurers evaluate their total risk an all such inaurancc in fence from time to time, and may enter into agreerheats 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 pantie) to these agreements. These agreements may require the mortgage insurer to make payments using my source of funds that the mortgage insurer may have available (which may include thuds obtained from Mortgage Insurance premiums). As a result of these arts, Leander, any purchaser of the Note, another insurer, say reinsurer. any other entity, or any affillate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be asraeterl=d as) a portion of Borrower's payments for Mortgage insurance, in exchange for sharing or modifying the mortgage insttiges risk, or reducing losses. if such agreement provides that an affiliate of Lender tapes a share of the insurer's risk in exchange for a :hare of the premiums paid to the insuer. the arrangement is often termed 'captive r romance.' Further: (a) Any wch aWreeme rts will not affect the aunoumb that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Stich agreements wilt not drtcsme the :meant Borrower will owe for Mortgage hsurgace, NO they will not eaaite Borrower to any refund. •-M(PA) mom rw a of is 8K 18 l 9PG3827 Form 3038 1101 P% 1111312008 10:03:38 AM CUMBERLAND COUNTY MO.# 200333504 - Page 9 of 18 (b) Any such agreements will not affect the eights Borrower has - N any - with ra wa to the Mortgage Insurance under the Homeowners Protection Act of 1996 or any other law. These rights may Include the right to receive certain discloatres, to request and obtain elation of the Mortgage humrance, to have the Mortgage Inspurnice toulasted antomad a ft a War to receive a refund of any Mortgage Insurance pradum that were unearned at the time of such cancellation or teramination. 11. Assignment of Miscellaneous Proceeds; !Forfeiture. All MisxUatuom Proceeds an hereby assigned to and shall be paid to header. 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 1 esder0s security is not lessees. Dunag such repair and restoration period, Leader shall have the right to hold such Miscellaneous Proceeds until Leader has had an opportunity to inspect such Property to ensure the work has been completed to header's satisfaction, provided that such insp=Am shalt be undertaken promptly. Leader may pay for the repairs sad restoration in a single disbursement or in a aeries of progress paymeau as the work is completed. Unless an agreement is made in writing or Applicable haw requires nuerest to be paid on such Miscellaneous Proceeds. Leader shall not be requited to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened. the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such miscellaneous proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security lnsaunnent, 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 Props ty in which the fair market value of the property immediately before the partial tailing. destruction, or loss in value is to or greater than the amount of the sums secured by this Security Instrument immediacy before ? partial taking. destruction. or loss in value, unless Borrower and hander otherwise agree in writing,. lire soma acatred. by this Security hauument shall be reduced by the amount of the Misodlsnoous 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, denrualgn, or yon in value of dke property in wWch the fair. market value of the Property immediately before the partial taking, destruction. or loss in valor is less than rho amount of the sums secured immediately. before the partial taking, destruction, or loss in value, unless Borrower and header otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums seethed by this Security Instrument whether or not. the gums are dress dire. If the Property is abandoned by Borrower. or if. after notice by Leader to Borrower. that the Opposing Party (as defined in the mid 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, Leader 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 Instrumeat. whether or not then due. *Opposing Party" meaaas the 1W party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has aright 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 Under's judgment. could result in forfeiture of the Piopeaty or other materid impairment of Leader's interest in the Property or rights under this Security instrument. Borrower can cure such a default and, if acederation has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be (ft"(PAr sown P.r.10oe 1s From 3030 1/01 8K ! 819PG3828-A, 11/13/2008 10:03:38 AM CUMBERLAND C()UNTY Intl 200333504 - Paqe 10 of 18 dismissed with a ruling that, in Lendees judgment, precludes forfeittrre of the Property or other material impairment of Lender's interest in the Property or rights under this Sam* Instrument. The ptovads of any award or claim for damages that arc attributable to the impairment of Leader's interest in the Property are hereby assigned and shall be paid to Leader. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Walvis. Extension of due time for payment or modification of amortization of the sums secured by this Security Instrument granted by Larder w 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 mpirod 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 Successor: in Interest of Borrower. Any forbearance by Leader in exercising any right or remedy including, without limitation, Leader's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several LlabWty; Co-slgnets; Successor's and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property trader the terms of this Security Insaument; (b) is not personally obligated to pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Leader. shall obtain all of Borrower's rights and benefits trader this Security Instrument. Borrower shall not be released from Borrower's obligations and liability trader this Security Instrument unless Leader agrees to much 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 Lewder. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument. in uding, 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 surging 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 dhst law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Lorin exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit. and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a reAmd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provider for under the Note). Borrower's acxe;xance of any such nfuad made by direct payment to Borrower will twnstuute a waiver of any right of action Borrower might have arising out of such overcharge. 13. Notices. All notices given by Borrower or I.cackr in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to L (00 -BA(PA) rotas awn of is • 8K1819PG3829 Form 3039 1101 ????1T A 11/13/2008 10:03:38 AM CUMBERLAND COUNTY Instl 200333504 - Page 11 of 18 have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's notice addreaa if not 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 Leader. 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 dcliveeing it or by mailing it by first class mail to Leader's address stated herein union Lender has designated another address by entice 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 undo this Security instrument. 16. Governing Law; Sever abWty; Rules of Cons4wAm. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. Ali rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. in the event that any provision or clause of this Security Instrunv alt 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 mew and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall men and include the plural and vice versa; and (c) the word "may' gives role 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 tbe. Property or a Beneficial Interest In Borrower. As used In. this Section 18, Interest in the Property' means. tiny legal or beneficial interest in the Property, including, but not limised 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 futtue date to a purchaser. If all or any part of the Property or say 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 Lander': prior written consent, Lender may require- immediate payment im tali of all sums acanvd by this Security Instrument. However. this option shall not be exercised by . header if such ctercise 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 leas than 30 days from the date the notice is given in accordance with section 1S within which Borrower must pay all sums secozod by this Security Instrument. If Borrower . falls to pay these Inswmart the the fuuther expiration of this notice or demand on Borrower this Security 19. Borrower's Rigbt to Reinstate Arta Acceleration. If Borrower mats certain conditions, Borrower ahall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days befott sale of the Property pursuant to any power of sate conakied in this Security Instrttmear (b) such other period as Applicable Law might specify for dw termination of Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays header allsums which then wound be due under thin Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or -BAtPA) IV20e1 ?p 12 of 14 BK1819PG3830 Form 30211 1/01 111131TA 1111312008 10:03:38 AM CUMBERLAND COUNTY InsL# 200333504 - Page 12 of 18 agreements: (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument: and (d) takes such action as Fender may reasonably require to assure that Leader'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. Lander may require that Borrower pay such reinstatement anon and exp=scs in one or more of the following forms, as selected by header: (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. insunmentality 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 Not, Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Socudty insaumcnt, and Applicable Law. There also might be one or more cdha ages of the Loan Servicer unrelated to a gale of the Note. If there is a dhaTAge of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Serviors, 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 Lam Service other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Setvicer or be transferred to a successor Loan Servioer sad are not assumed by the Note pu rvhatcr unless otherwise provided by the Note purchaser. Neither Borrower nor Leacher 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 arty duty owed by reason of, this Security Instrument, until such Borrower or I.cnder has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party thereto a reasonable period after the giving of such notice to take corrective action. U 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 awden tion and opportunity to tare given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section IS annul be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hasatrdotss Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or bazardous substances, pollutants, or wastes by Em?ironmerual Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum products, toxic pestickles and herbicides, volatile solvents. materials containing asbestos or formaldehyde, and radioactive materials: (b) 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes say response action, remedial action, or removal action, as deftmed in Environmental Law: and (d) an TuvironwmW Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 40-BAtPAI awac m rw. U «,. BK1819PG3831 wow:?L S Form 9039 1101 11(13!2008 10:03:38 AAA CUMBERLAND COUNTY lnst# 200333504 -Page 13 of 18 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or thttaten to release any Hazardous Substances, on or in the Pwpaty. Borrower shall not do, nor allow else to do, anything the Property (a) that is in violation of any Environmental Law, (b) w= tom an Environmental Co Ion , or (c) wbisb, due to die presence, use, or release of a Hazardous Substance. creates a condition that adversely affects the valve of the Property. preceding two sentences shall not apply to the , use, or storage on the Property The quantities of Hazardous Substances that are 7"Ma"Olimitedto.h uized to be appropriste to residential uses and to maintenance of the Property (m? ' ax nudovs substances in consumer prodnas). Borrower shall promptly give Lender written notice of (a) nay estigat claim' dtmaad' lawsuit or other action by any governmental or regulatory or private Fawuty involving the Property any Hazardous Subsume or Environmental Law of-which anorrower has actual lcao?? (bb) any Environmental Condition, incbdirng but not limited to. :Pilling, leaking. discharge, release or threat of rdease of any Hazudous Substance, and (c) any condi caAtsod by the prescao-- use or release of a Hazardous Substance which adversely affects the value of the Property. If Bottoryver learns. or is notified by anyhovernmental or ?lo regvlsto authority, or any private party. that anriepmrooval or other re+medi nice am we affiecting the remedial actions in accordance with Eat Law. Nothing herein shalt sate antab all y obligation en !.ender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Deader further covenant and agree as follows: 22. Aooderatiow; Renredks. Lender shalt give notice to Borrower acceleration following Borrower's breach of any covenant or agreement In this Security (but not pr;o? to acceleration wider Section 13 unless Applicable Law provides otherwise). Leader abut{ notify Borrower of, among otbW ddagst (s) the default; (b) the action required to care the ddw*; (e) when the default must be cured; and (d) that fallore to can the detaak as s may rmdt In acceleration of the sums secured byy this Security Enshvment, forac?mre by proceeding and sale of the Property. Lender shall further inform Borrower of the riot to r eiopbtte'after accdention and the riot to asset In the foreclosure prslee H the nowadstence of a 401avit or any other defense of Borrower to acceleration and foreclomsWe I the detsurk Ss not cored as Lender at Its option may rnltuire hama=y* ppa?yasmt is roll of alt same secured by this securky Intrument without fartber demand and aeeelose this Secur ty U11troment. by lw)icial. Lewder shall be entitled to collect as ctpeases Incurred In pursuing the remedies proTided ill this Section 22, Including, but not limited to, attorneys' tees and casts of title evidence to the creent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security kwi maatt, this security lusmunent and the estate conveyed shall termimto and become void. After sucb occurrem'.1 shall discharge and satisfy this Instrument. Borrower shall pay try recordation roan. Leader charge Borrower a fee for this Security Instrument. but only if the fix is paid to a thud party fo services rendered and the charging of the fee is permitted under Applicable Law. 24. Wahrero: Borrower, to the!! teat cured by Applicable Law, waives and releases any am or defects in proceedings to enforce this oauf Instrument, and hereby waives the baudt of any present or fixture laws and providing for stay of execution, extension of time, exengxioa hem attachment, levy and sale, homestead exemption. . . 25. RcInslatenzent Period. Borruwces time to reinstate provided in Section 19 shell extend to one hour prio `. to the commencement of bidding at a d=iff a sale or other sale pursuant to this Security 26. Purchase Money Apart=age. If any of the debt secured by this Security instrument is lent to Borrower to acquire title to the Property, this Security Instrument shoo be a purchase money mortgage. 27. Interest Itate Attar JudgmeaL Borrower agrees thu the intent rate pay".. after a)udgment is entered on the Note or in an action of mortgage fojedosun shall be the rare payable from Mee to time under the Note. «rau ?LS. at-GA(PA) p20A1 pop u.r is f=orm 3039 1101 , r k? 8K18I9PG3832 .pow 11/13/2008 10:03:38 AM CUMBERLAND COUNTY Inst.# 200333504 -Page 14 of 18 BY SIGNING BELOW. Borrower wmpts and agrees to the terms and covenants contained in this Security Inamm=t and in any Rider executed by Borrower aid recorded with it. witnesses: (Sed) -Borrower 4DISAIPA) mosi - (Seal) -Bonvwcr (Seal) -eoomr (sea) Jos u-T Shindel -Borrower ft"isdis 8K 1819PG3833 - (Seal) -Borrower - (Seed) -Borrower (Seal) -Borrower - (Seal) -Borrower Form 3039 1101 EMIB1TA 111131Y008 10:03.38 AM CUMBERLAND COUNTY aistl 200333504 - Page 15 of 18 Certificate of Residence I, ? lJ??" , do hereby certify that the cofrect address of the within-named Mortgagee is P.O. Box 2026, Flint. MI 48501-2026. Witness my hand this 25th day of June 2003 Agent of Mongrgeo COMMONWEALTH OF PENNSYLVANIA, Cumberland on this. the 25th day of June 2003 undersigned officer. personally appeared Joshua I. Shindel County ss: , before me, ft known to me (or satisfactorily proven) to be the person(s) whose name(s) Ware subscribed to the within inmunx= and acimowledged that helshelthey executed the same for the purposes herein contained. IN WITNESS WHF MF, I hereunto set my hand and official wai. My Commissimr Expires: ``+,?NINNMlNy4k/ Ali tr Tide of Of&et NOTANAL SEAL PbflC GEP"J.s? 6=P NWCWbNUW mote. hCi0. My Cron 6 s NOY.9, 20 6A(PA! atosf rff is of to 6Kf819PG3834 111:,T,45 Form 3058 1101 11/13/2008 10:03:38 AM CUMBERLAND COUNTY 1nst.# 200333504 - Page 16 of 18 LEGAL DESCRIPTION All THAT C8R'LU TRACT OF LW actuate in the Township of Silver Sprig, County or Cumberland aed Stata of Pennsylvania, bounded and described as followa, to wit; BIMItpjJO at a point an the north side of Township load go, 596 (50 feet snide) at the corner of land now or formerly of Oscar X. Bricker and Mabel E. Bricker, his wits, said point being north 75 doWsos (lest, 141.94 feet from the weatern line of a proposed utility easea+mt, running between said land of Oscar V. Bricker avA Mabel 1. Bricker, bin We. and land of Albert Jecobsj thence along the north aide or said Township load No. 596, North 75 degrees Hest. 1139.45 feet to a point; tbeace along a proposed 50-foot right of way, North 20 degrees 58 minutes Fast, 204.66.feat to a point. thence continuing along said proposed right of way, north 24 degrees 47 minutes West. 59.07 feet to a point; thence along the line of lend pow or formerly of Oscar N. Bricker and Mabel E, thicker, his wife, SwIth 80 degrees 50 minutes East 113.77 foot to a point; thence continuing elonglands of same, South 5 degrees 40 minutes West 264 feet to a point on the north aide or the public Township Road No. 596, the place of BEGINNING, have therson situated a mobile hom. The above described tract of land Ls to be coaeider*d as Lot No. 21 in the Plan of Lots of Oscar N. Bricker known as Log Cabin Ville. BEING TER *SAM PMMSES which Steven Rickrode and Jean Rickrode, h/w by their Deed dated 2003 and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Joshua L. Shindel, Mortgagor herein. < < 1; ;' Ibis to be recorded PA3 : t cf f 1 f ueriand County PA Fam 4100 Recorder of Deeds gK1819PG38 EXHIBITA 11113/2008 10:03:38 AM CUMBERLAND COUNTY InsL# 200333504 - Paqe 17 of 18 EXHIBITB 'yu, /, 1 •? '.. ASSIGNMENT OF MORTGAGE KNOW AL1, MEN BY THESE PRESENTS that" Mortgage Electronic Registration Systems Inc as a nominee for Waypoint Bank" hereinafter "Assignor" the holder ol'the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by Sovereign Bank, "Assignee" m the time of execution hereof, sell, assign, transfer and set over unto the Said ASSigncc, the receipt whereof is hereby acknowledged. does hereby grant, bargain, its successors and assigns. ALL. -141A P C'EItTAIN Indenture of Mortgage given and executed by.loshua L Shindel to Mortgage Electronic Registration Systems the as a nominee for Waypoint Bank, beating the date 06/2+/0:1, in the amount of $119,900.00. w ether kith the Now and indebtedness (herein mentioned, ,aid Mortgage being recorded on 06/27/03 in the County (it Cumberland, Conunon"val[h of Pennsylvania. in Mortgage Bank 1819 Page 3819.. Being Known as premises: 464 Sample Bridge Rd, Enola PA 17025 Parcel No: 38-04-0367-042A Also the bond or Obligation in the said Indenture of viortgage recited, and all Moneys. Principal and Interest. due and to grow due thereon. with the Warrant of Attorney to the,aid Obligation annexed. Together with all Rights. Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property. Claim and Demand, in and to the same: 10 tIAVE, IIOLD, RhCFIVE AND 'I AK1:, all and singular the hereditanlcnts and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns. to and for its only proper use, benefit and behoof tinever; subject, nevertheless, to the equity of redemption ofsaid Mortgagor in the said Indenture of Mortgage named. and his,he mhcir heirs and assigns therein. IN WITNESS WHEREOF. the said "Assignor" has caused its Corporate Seat to be herein affixed and these presents to he duly executed by its proper officers this (i1 day of'.. Serf EMiy?-i _ . 20 C,3}.' Mortgage Electronic Registration Systems Inc as a nominee for Waypoint Bapk,<-- os%00iIllWilp,-.., .a ????iQa1?,' B v: Sealed and Delivered C'onstanc M CCx roit?,/A+µiytartt-Vice tote A' 3 z? in the presence ot, u,; Attec[ i State of fieJul, /c VA Nils} C OLInty of 6 F,ZA:: s On this _ Co day of St /i h at tr . 31.>01. be?ure nx , the ;ub:Lriber. pcrsouall.- appeared who ackiw%kdged hinr'hers.if to lx the Assistant Vice President of Mortgage Electronic Registration Systems Inc as a nominee for Waypoint Bank. and that he she. as such A-wtriae<t Vice President, being authorized to do so. e.rrctited the roregoing instnanent for the purposes Herrin contained. IN WITNESS WHEREOF, t hereunto set my hand and o tieia) seat. Stamp/Seal: Notary Public ;1ICkr{P d 6,14,F. V, The precise address of the within named Assignee is: 601 Penn Streeyy Reading 6U1 R v; {F r Assignee} After recording return to: Phelan, Tiallinan and Schmieg LLP One Penn Center 1617 J,F.K, Blvd., Ste,1400 Philadelphia, PA 19103-1814 LL VAMA ?ytllwl hbrb41MNAar Int09 lhl?? 9/4/07-J HC Doe Request 356111337 11/13/2006 10:03:47 AM CUMBERLAND COUNTY Instlt 200736273 - Page 1 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 727-240-6370 Instrument Number - 200736273 Recorded On 9/18/2007 At 8:49:50 AM * Total Pages - 4 * Instrument Type. - ASSIGNMENT OF MORTGAGE Invoice Number - 4714 User ID - MBL * Mortgagor - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Mortgagee - SOVEREIGN BANK * Customer - JAM TRANSFERS INC/JAHC LLC * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $11.50 $2.00 $3.00 $27.00 I Certify this to be recorded in Cumberland County PA Certification Page DO NOT DETACH This page is now part of this legal document. ? ?oRECORDER OF D LrEDS • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11,11, ?iirn 11/13/2008 10:03:47 AM CUMBERLAND COUNTY Inst.# 200736273 - Page 4 of 4 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. 5874.5 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. 6.1791 ANDREW SPIVACK, ESQ., Id. No. 84439. JAIME MCGUINNESS, ESQ., Id. No: 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 192014 SOVEREIGN BANK 601 PENN STREET READING, PA 19601 V. Plaintiff c C= CD crl c-n Na i' ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM el NO. 4k- ? JOSHUA L. SBINDEL 464 SAMPLE BRIDGE ROAD ENOLA, PA 17025 ATTORNEY FILE. C PLEASE RETURN CUMBERLAND COUNTY We hereby certify Within to be' the correC,? a true and Defendant original ?Yof ? CIVIL ACTION - LAW ©Cd COMPLAINT IN MORTGAGE FORECLOSURE File #: 192014 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 Fite #: 192014 1. Plaintiff is SOVEREIGN BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JOSHUA L. SHINDEL 464 SAMPLE BRIDGE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/25/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1819, Page 3819. By Assignment of Mortgage recorded 09/18/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200736273. Said mortgage was modified as set forth in the modification agreement dated 12/01/2007, in Mortgage Instrument No. 200805017. 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 08/01/2008 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 #: 192014 6. The following amounts are due on the mortgage: Principal Balance $124,178.52 Interest $2,965.10 07/01/2008 through 11/26/2008 (Per Diem $19.90) Attorney's Fees $1,325.00 Cumulative Late Charges $111.03 06/25/2003 to 11/26/2008 Cost of Suit and Title Search $750.00 Subtotal $129,329.65 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $129,329.65 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 192014 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,329.65, together with interest from 11/26/2008 at the rate of $19.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. LAWRENCE T. PHELA QUIRE 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 #: 192014 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Township Road No. 596 (50 feet wide) at the corner of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, said point being North 75 degrees West, 141.94 feet from the western line of a proposed utility easement, running between said land of Oscar N. Bricker and Mabel R. Bricker, his wife, and land of Albert Jacobs; thence along the north side of said Township Road No. 596, North 75 degrees West, 139.45 feet to a point; thence along a proposed 50-foot right of way, North 20 degrees 58 minutes East, 204.66 feet to a point; thence continuing along said proposed right of way, North 24 degrees 47 minutes West, 59.07 feet to a point; thence along the line of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, South 80 degrees 50 minutes East 113.77 feet to a point; thence continuing alonglands of same, South 5 degrees 40 minutes West 264 feet to a point on the north side of the public Township Road No. 596, the place of BEGINNING, have thereon situated a mobile home. PARCEL NO. 38-04-0367-042A PROPERTY BEING: 464 SAMPLE BRIDGE ROAD File #: 192014 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 subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. l G t'7J/ Attorney for Plaintiff DATE: - .a ? -OAS File #: 192014 h b E)C IBIT p SHERIFF'S RETURN - REGULAR .CASE NO: 2008-07034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SHINDEL JOSHUA L DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHINDEL JOSHUA L the DEFENDANT , at 1447:00 HOURS, on the 29th day of December-, 2008 at 464 SAMPLE BRIDGE ROAD ENOLA, PA 17025 by handing to JOSHUA L SHINDEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 19.80/ Affidavit .00 T Surcharge 10.00 R. Thomas Kline .00 47.80 12/30/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: ?- before me this day Deputy She ff of A.D. t D 14 Y Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 Attorney for Plaintiff -R.:. CUMBERLAND COUNTY {'9?e y Ad COMMON PLEAS CIVI&VISION No. CIVIL-08-7034 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 JOSHUA L. S Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fro: thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs follows: As set forth in Complaint $129,329.65 Interest -11/27/2008 to 02/0 p,,,, I?TTORfi; $1 93.00 TOTAL $130,722.65 0 N c M ? rn ?rn 0 Waos as& I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1 /. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.,, ,46 DATE: PHS # 192014 PROP 0 THY TaxDl3 Result Details Page 1 of 1 Detailed Results for Parcel 38-04-0367-042A in the 2004 Tax Assessment Database DistrictNo 38 Parcel ID 38-04-0367-042A MapSuffix HouseNo 464 Direction Street SAMPLE BRIDGE ROAD Ownerl SHINDEL, JOSHUA L C/O PropType R PropDesc LivArea 1572 CurLandVal 45000 CurImpVal 77460 CurTotVal 122460 CurPrefVal Acreage .77 CIGrnStat TaxEx 1 SaleAmt 119900 SaleMo 06 SaleDa 27 SaleCe 20 SaleYr 03 DeedBkPage 00257-04064 YearBlt 1989 HF File Date 03/04/2005 HF Approval_Status A http://taxdb.ccpa.net/details.asp?id=38-04-0367-042A&dbselect=l 6/10/2009 CenVal Penn Appraisals, Inc. (717) 737.4600 Pranetty Dessttation UNIFORM RESIDENTIAL APPRAISAL REPORT Filellla- SAMPLEBRDG464 Pr se4 S^MPLF, BRIDGE ROAD Cky O . Ste PA Zia Code 17025 n D K 30MVPAGE 694 Counly R ND Asseswrs Parcel No. 3 -0367 2A T 2002 R E. es 1396. 0.00 P -D-4 ant Borrower SHIND JOSH A L. RICKRODE EN J N Ter? -1 y amt Promw rights Isod Leasehold Pro Mum PU U A only) OA NON /M - NeMborhood or ProWGt Name SILVER SPRI OWN HIP MaR Reference d. ADC 8 s Tnrt 011 1 Sale Price S 119,900 04.16-03 D11,501plionandilgraisattofigar, I'MikaOSIMOMS to be paid by Soft $2500 LenderlClicm- AYPOINT B 101 -SQUT R Y RK P 7401 H R JOHN . BOSWELL Ad r 24 si n Street- Shirema stow In. A 17011 Loradan Irrban Sutxrban Rural Ieredominavrt am Presentlwwuse% Land Wwdtange Built up ? Over 75% 25-75% Under 25% ? S ? a terry PRIDE AG 3(000) (yrs) NEW One family 6 Not likely ? Likely tow Rapid Stable Growth rate Owner 55 Low 2-4 family 0 In Process Property values Increasing Stable ? Declining enant 100+ Multi-family O To: SINGL FAMILY ? Denand/suppy Shortage In balance Over supply E 15J Commercial 2 o. = 120 30 VACANT as Neer Rees rtes MM rimier ea.p wtssii d rrs r'f??ma sees race ea 0 SAN wieiaretr. Neighborhood boundaries and characteristics: TH TOWNSHIP IN O AND EAST T 1 TO TH SOUTH, AND RT 114 T THE WEST. Factors that affect the marketability of the properties In true neighborhood (proximity to employment and amenities, employment stability, appeal to market. etc.): This suburban neighbor hood has relgilively easy access to em o nt and servicec and i competitive w1 er nelphloorhoods in the ownertall area, Moat have similar am ni s- N unfavoroble factors were 9byervyd which would adversety effect marketability. Market activi Indicates averse r tier *=e0tance In h marlte lace Market conditions In the subject neighborhood (Including support ror tree above conclusions related to the trend or property values, demand/supply, and marketing time such as data on Competitive properties for sate in the neighborhood, description of the prevalence of sales acct financing concessions, etc.): Oro no foreseeable economic vends which r night influen et conditt na in this area. The current a e mark-at offers a w' v e of conventional loans vvIAh etltIve rates, As a r uR the terms cin have littly. If any, Irinpilict on sall" prices. recast rates remain nable roa marketability should good, Current supply s not meet Marketing time averaosis 90 days as per ]MILS .IntefesL nales are en 'n from 5-7Th with 0-3 points (call being a r adigInation or dl n . Projea htllimnatlort far PIIbs (If applicable) - - Is the developer/bulider in control of the Homy Owners' Amwelation (HOA)? Yes No. Approximate total number or units In the subject project N/A ApprDrdmate total number or units for sale M the subject project N/A Describe common farAhles; N/A Dimensions SEE LEGAL DESCRIPTION Topography LEVIE-L - S P T AO She area 0.71 ACRES Corner Lot Yes ® No Size TYPICAL FOR AR Specific zoning classification and description RESIDENTIAL USE Shape RECTAN Zoning compliance ® Legal ? Legal nonconforming (Grandfalhered use) Illegal ? No toning Drainage APp RS_ ADEQUATE ese us, F? Other use x (expla*131 View GOOD - WOOD, Utilklea Public Other Off-site Ifnpra"noras Type Public Private Landscaping AVIERAGIF Electricity ® 200 P Street ASPHALT ® ? Driveway Surface ASPHA Gas ? N N Curb/gutter NONE ? ? Apparent essememzi NONE OBSE V WSW ? PRIVATE Sidewalk NONE FEMA Special Flood Hazard Area ? Yes X No Sanitary sewer [] PRIVATE SEPTI Street lights NONE FEMA Zone C Map Date 05/0211983 Storm sewer NONE Allay NONE I FEMAhboNo, 4203700010B Comments (apperea adverse easements, encroachments, special assessmenm slide areas, Illegal or legal nonconforming zoning use, etc.): Site has avers ske m ve a landiscapina. and ice rnaintentance. There aim no event adverse ea t enzirosichrnerilts. or other adverse conditions on this site. Private wells and septic s terns are mon to this area. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units 1 JQON. Foundation BLOCK Slab Area Sq. Ft. 650 Roof ? No. of Stories 1 Exterior Walls VINYL Crawl Space % Finished 0 Ceiling AVE. Type (Deb./Att.) T ED Roof Surface SHINGLE Basement a Calling OPEN Wails AVE, Design (Style) RANCHER Gutters & Ownspts, A UMIIYM Sump Pump N N Walls CON K. Floor AVE. Exlsting/Proposed I NG Window Type DBIL. INSULAT. Dampness NE V Floor CONC T None Ago (Yrs.) 14 Storm/Screens N / YES Soulemem NONE Q"ERV, Outside Entry RAGE UMvoixL? Effective Aix (Yrs.) 10 Manuf ctured House DOU LEWID linfestation NONE OB$ERV. ROOMS Foyer Ivln Olnin then Dan F Rm. R Rm. Beftorns # Baths I-Aundiv Other So. F1, t 650 Level 1 1 AREA 1 1 2 X 1,326 Level Finished area above a contains: 6 Room ; 3 Bedroom(s): 2 Bad 1.326 Gross L'rvln Area INTERIOR Materlals/Condttlon HEATING KITCHEN EQUIP, ATTIC AMENITIES CAR STORAGE: Floors PTNI - AV E. Type FHA Refrigerator ? None Fireplace(s) ME 1 ® None 0 Wails DW/PANEL -AVE. Fuel I Range/Oven ® Stairs ? Patio WRAPDECK Gdrage # of cars Tritn/Flnlsh O - AVE. CoWitlon AVE. Disposal ? Drop Stalt ? Deck FRONT Attached Bath Floor VIN/CPT-AVE, COOLING Dlsh-asher Scuttle Poch ENCLOSED ® Detached Bath Wainscot FIBERGLASS - AVE. Central YES Fan/Hood Fber Fence ? Built-In 1 CAR Doors I-UAN - AVE. Other NONE Microwave ? Heated Pool FISH POND Carport condition AVE. as /D Finished 'GAZEBO 6 + PH Additional features (special energy erftclem it ems, etc.): STONE F R PLAC WITH HEATOLATOR IN THE FAMILY ROO ' 2 SKYLIGHTS IN THE KITCHIN AND 1 IN E MASTER BATH' WA ER SO FTNEFt. Condition of the improvements. depreciation (physical, runctional, and ettental), repelm needed, "lily, of construction, terriodeting/edditions, etc.: These lrinprovernents are of av ra i frame clesigin and reflect average Inters nce- till is i I for a hour of this e and style and should re lv av a acne n i the market Meg% No Unusual fun on 1 obsolescence or extemel ads uecles were observed. Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic substances, etc.) present In the Improvements, on the site, or In the Immediate vicinity of the subject property.: Theta are n apparent adverse eiv onrnen ( condition o ed u on Ins ctlon of the im roverhents the site or in the Immediate vicinity of the subbect Oroyerty Freddle Mac Form 70 W93 PAGE 1 OF 2 Form UA2 -'TOTAL for Windows' appraisal software by a la mode, Inc. -1-1100-ALAMODE Fannie Mae Form 1004 6/93 vto/zo0(Dl XVff 91 rB RON 6002/21/SO 0 Valuationsodion UNIFORM RESIDENTIAL APPRAISAL REPAQT PAGE 2 OF 2 Fannie Mae Form 1004 6.93 appraisal software by a ]a mode, Inc. -1-800-ALAMODE xvi 9T t6 Koji 600Z/8T/50 .......... - f 10MG mments an Coss Approach (such as, source of cost estimate site value ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS: , , f Dwelling 1,326 Sq Fl as 36 50 i X8 3 uare oot calculation and for HUD, VA and FmHA, the astim loG remaining - , , . . 99 onofnk Iliaof the prvpany): Estl ed lacem ni 1 6 Sq. Ft 0E 16-50 10 725 . - -Im rov m cal la d • al EsPTIC EC 1RP/ PLI. 30 500 Swift R id tl C H . Garage/Carport 676 Sq. Ft. @eS . 16.50 - 11,154 es en aill- 9pt andbook and m t n I, Fotimatqd alto vat Is based on 1 morke no Total Estimated Cost Now .............................- S 100 778 e f l fl 1 I . L 0a ff 991 MIlilteS using femethod ess Physical Functional External De reciation 16 800 ond arks I - N o ole a s was observed. The _ . p et 16,8 Depreciated Value of Im rovem nts 00 -witUrnatis remaining 0onorni r improvements I the sublect p e ................................. -S ' ' 76 50 rs. As-is Valueof Site Improvements ................................... -S 6,5 00 WDICATEDVALUEBYCOS A ROAC ..... ................. 125,4 78 M SURD CT COMPARABLE NO, 1 garAWLE NO. 2 MPARA$LE NO 3 464 SAMPLE BRIDGE ROAD 4 EVERGREEN LANE 9 RIFE DRIVE . 206 RIDGE HILL ROAD N LA MECHANI R M G RG MECHANICSBURG tmI 3.9 1 es 1 sales Price 11 Price/Gross NI Area S 90,42 1 00 72 62 rb 130 00 d 34 000 MOM Data and/or INSPECTION , ASMT RECORDS/MLS/AGENT/ ASMT RECORDS/MLS/AGENT/ 4 t>5 ASMT RECORDS/MLS/AGENT/ V tion Source N/A SETTLEMENT DEPT- SETTLEMENT DEPT. SETTLEM ENT PT VALUE ADJUSTMENTS DESCRIPTION " DESCRIPTION . - S Acilust. DEWRIPTION + - S 'ust. . DESCRIPTION -(-)S Adjust i Saks or Financing CONY. CONV, . CONv Concessions NNONF- NONE NONE Date 1 -2 02 DM 91 10-2515-02 D 116 05-17-02 D 7 Location AVERAGE AVERAGE ERAGE AA,- RAGE MP E FE L F SIMPLE FEE SIMELE vi 0.7 ACRES 0.46 ACRES -1,500 0.28 +3.009 . 3 ACRES +1500 ew O - WQQDS 00 GOOD - mops OOD - WOODS; RANCHER RRANC Eft RANCHER H R ovarity of Construction AVE. - DOUBLE V RAGE - G -5-000 AVERAGE -5 000 16 48 37 a Condition AVE. - VINYL AVE. - BRKNIN -1 500 VE - ISSNUIN -1.500 AVE. - BRICK -3 000 Above Grade T Baths gam 1' , Room Count 6 B 3 1 +2 500 5 ; T rm 7 1.326 So, F , 1,726 Ft. I -4000 1,456 -1,300 3 +2,500 1,804 -4800 Basement b Finished PART BASE. PART BASE. FULL BASE. FULL EXP BASE -1 500 Roams §Slow Grade UNFINISHED UNFINISHED REC.RM / EI- 000 , PART FINISHED 1 -1 500 F Utility V RA AVERAGE AVERAGE 1 Healn?o ling OFHAICA OFHA/CA OFHAJCA FHA/ Enerov Efficient Items TYP FOR AREA TYP FOR AREA TYP OR AREA TYP OR AREA 1 GAR. INTEG. AR. INTt3 . NONE +2 500 N N -2 500 Porch, Patio, Deck, ENC. PORCH 2 GAR. ATT. -3,500 , ENC. PORCH PORCH / 1 FP r FIREPLACE NONE +2.000 PORCH 1 FIREPLACE nee, P FISH POND STV FLUE +1 0 FIREPLACE / AZES 20RCKWAQP ING. L N NE +6 t I + - 6,000 + - 8 300 + - 3 300 Adjusted Sales Price , of No 117,000 121 700 130 700 Comments on Sales Comparison (including the subject property's compatlbllity to the neighborh ood, etc.): See attached edi Linda. ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Data, Prlcs and Data 09-07-1984 NONE KNOWN TO EXIST NONE KNOWN TO EXIS NONE KNOWN TO EXIST Source, for prior sates 511,500 / LAND OTHER THAN ABOVE OTHER THAN ABOVE OTHER THAN ABOVE !1 of COURT HOU5 F AST YEAR THE. PAST YEAR THE PA YFAR FOR Analysis of any current agreement of sate, option, or listing of subject property and analysis of any prior sales of subject and comparablres withIn one year of the date of appraisal; Ac=rdina to he Information Proyl c ement f ala n 1 In the region- the Pending plea agreement contains no unusual aheratlorisUce/opecial clause All riot *also in the apt 3 years were disclose a hove. INDICATED VALUE BY SALES COMPARISON APPROACH ........................ ...............•-----------..................___......_..,.,.. ................................ S 120,000 INDICATED VALUE B PPROACII I t o tell Market R M This appraisal is made 'as is' subject to the repairs, alterations. Inspections or conditions listed below subject to completion per plans & spaclflratkxts. Conditions of Appralsat: See attached addenda. Final Reconciliation: S a ehed addenda. The purpose of this appraisal is to estimate the market value or the reel property that is the subject of this report, based on the above conditions and the cemlflcatlon, contingent and lirrWJng conditions, and market value definition that are stated In the attached Freddie Mac Form 439NNMA Form 10048 (Revised 8/93 I " ESTIMATE THE MARKET VALUE, AS DICIFINED. OF THE REAL YTHAT 15 THE SUBJECT OF MIS REPORT AS OF 5 2 , 0 -1 -2003 PORT) TO BE $ 120.000 SUPERVISORY APPRAISER (ONLY IF REQUIRED): Slonature ? D ? id Did Not Name In t P t spec roper y PA State t n # StaI2 PA rk Stator I irons air e...._ UNIFORM RESIDENTIAL APPRAISAL REPORT MARKET DATA ANALYSIS These recent sales a pr as arc most similar a market reaction to those I[ems of 3lgnI cam -a e 1 favorable than, the subject properly, a minus (-) ag favvrade then, the subject propert , a plus `+) ad n0 prox mate to sub nM have been considered in the market analysis. The description Includes a dollar agjustmetx, reflWing 0 1R bNwecn the s ®ct and comparable Properties. If a significant (tern in ft comparable operty is su)arlor to, or more )uslmem is made, s reducl the indicated value of the stA?ec[ If a significant Rem In the eo pars a is inferior to, or less ustmem is mode, thus lncreasi the Indicated Value of the sub'ea. ITEM BfECT 464 SAMPLE BRIDGE ROAD AM= EN LA COMPARABLE NO 4 19 BEECCHER DRIVE LIS ARAB NO. 55 STEINHOUR ROAD M ARAB NO. 6 315 DARK HOLLOW ROAD HE MAN E 1%82 ml 17.91 II 44 Sales Price Livl Area Data anolor verification Sources S 11119,220 S INSPECTION N/A 11 94.73 t>5 ASMT RECORDS/MLS/AGENT/ SETTLEMENT DEPT. 1 8.72 ASMT RECORDS/MLS/AGENT/ SETTLEMENT DEPT 1 000 b 11 131 ASMT RECORDS/MLS/AGENT/ SETTLEMENT DEPT. VALUE AOn(STAAE D PTION DESCRIPTION + - lust. DESCRIPTION -(-)S A ' t. D CM ON + - f Ad' Sales or Financing Concessions OTHER E .NOIN CONY. NONF . CONV. NONCE OWMEWSMOM -!M-30-03 D 1 0 DM 1 07- 1 5-OZ DIVI 34 Location AVERAGE A A GE E SIMPLE F SIMPLE FEE SIMPLE F SIMPLE Site 0.71 ACRES 0.00 AC .94 AQRGS --8.300 .30 ACRES 000 GOOD-WOOD _$ 000[2 D WOO 0000 - WOODS' I auanty of construction An Condition RANCmEJ3 AVE. - DOUBLE 14 V - VINYL RANCHER AVE, - MODUTA 7 - BRK/VIN -1,500 BANCHER AVE. - Es 12 V . -VIN RANCH R AVE. - ULA ' a A - VINY Above Grade Total !Ddrrns? Total Baths T th T I Room Count B 3 5 3 2 S 3 2 Gross LLAn Basement L Finished 1,320 So. FL PART BASE. UNFINISHED L 234 PART BASE. FAM ROOM .4,500 1.17; . F +11.600 CRAWL SPACE +3,000 N/A 1.096 Sq. F +2300 PART BASE. VNIFINISH513 Functional ili AVERAGE AVERAGE: AVERAGE AVERAGE meaducilcoollno ED= den Items Porch, Patio, Deck. fl OFN / A TYP FOR AR 1 GAR. 1 G ENC_ PORCH FIREPLACE O ! TYP FOR AREA NONE + DECK +2,000 NONE 42,000 F / A P FOR AREA R. DET. 00 ING. POOL -2,500 NONE + 000 / nP O R 3 R. D 500 DECK +2,000 ONE +2,000 F e FISHY NON +11,000 { LPO QL' C K FRONT DEC B NE +6.000 EC NONE +§.000 + 7,500 00 -is 4.700 - 4,000 E] Adjusted Sales Price Of CE)RIPIMbIS Onto. Price and Data Source for prior sales wim r f I 09-07-1964 511,500 /LAND 124,400 NONE KNOWN TO EXIST OTHER THAN ABOVE YEAR iiiialm -D 1 0 000 NONE KNOWN TO EXIST OTHER THAN ABOVE FOR THE PAST YE AR 126,800 7NONE KNOWN TO EXIST ER THAN ABOVE THE PAST YEAR Comments: Market Data Analysis 6-93 Form UA2. (AC) - "TOTAL for windows" appraisal software Dy a la mode, fnc. - 1-800-ALAMODE vT0/vooz x1d 3 LT t6 RON 6002/87/50 EXHIBIT H OFIRP- aAL z . ant q; , c 4 m'?VA v b. w i r l 3 R zt, ?,m? -ice µ r Aki Nola- a? '7? ,? - dry .? "`' REM x }?? ?" ? ? _ Xy fr ?? f u. ?.. .. ???^ .. E?.4., t EXHIBIT I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 5/27/09 13:36 FULL SPECTRUM SERVICES INC 400 FELLOWSHIP RD STE 220 MT LAUREL NJ 08054-0000 CERTIFICATE 8 ATTESTATION 091470753000161 009 I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE., TITLE 42, PA. Consolidated Statutes. O1d.0.?¢j6? SECRETARY OF TRANSPORTATION I hereby attest that the Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. In compliance with your request, I certify that I have caused a search to be made of the files of the Department of Transportation. NAME : *SHINDEL,JOSHUA L - NO MOBLEHOME LISTED FOR ADDRESS GIVEN CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES EXHIBIT J PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 16, 2009 JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 RE: SOVEREIGN BANK v. JOSHUA L. SHINDEL Premises Address: 464 SAMPLE BRIDGE RD ENOLA, PA 17025 CUMBERLAND County CCP, No. CIVIL-08-7034 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Equitable Conversion 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 July 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly yours, ichele M. Bradford, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure • • ?az ?aa fD y O ? a a 'b r b ?+ a? a. z 00 o' rn C" ? b O 0 'd T41.f o y ? a? ? o .b H a? o ? Of ? N B a .91 R m rn S? oa -" - ? o ? a N ? "?"+ OO ? n G ? O M4 o? F W U R O R B mF B a?w m e3 c. 6 y ? Ll °s0. 7 n n o UI AI WI NI ?I pl ?I ool vI ?I tnl AI WI N ?. ?. N z n PITNEY Bf)WF.'S 02 1M $ 01.26° 000421 80? 0 JUL 16 2009 MAILED FROM.ZIP CODE ' 91 x Fr AN ? o z A C CD ti o z y O r ? x a z d y r A a A 1? VI ? r ? r a ? o y A CrJ ? o? > N fI1 N A O m A EXIT K t I- MAY 5.M SOVEREIGN BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Court of Common Pleas Civil Division V. JOSHUA L. SHINDEL Defendant CUMBERLAND County No. CIVIL-08-7034 ORDER AND NOW, this /74"-day of A?-;2? , 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 $124,178.52 Interest Through June 10, 2009 $6,829.07 Per Diem $19.75 Late Charges $370.10 Legal fees $1,325.00 Cost of Suit and Title $801.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $82.80 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $0.00 $133,586.99 Plus interest from June 10, 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 A PA J. 19201 3 ? ? ? VERIFICATION Michele M. Bradford, Esquire/ 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 for Equitable Conversion to Real Property, 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: u? PHEL HALLINAN & SCHMIEG, LLP By-- ,IV 4fil Mi ele M. Bradford! squire Jenine R. Davey, Esquire Attorneys for Plaintiff y r PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquire, I.D. No. 69849 Jenine R. Davey, Esquire, I.D. No. 87077 One Penn Center, Suite 1400 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 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 08-7034 CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and convect copies of the foregoing Motion for Equitable Conversion to Real Property Rule Returnable, Certificate of Mailing and Brief in support thereof, were served by regular mail on Defendants on the date listed below. Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 Date: PHYneIR, LLINAN & SCHMIEG, LLP By: . Bradford, squire Davey, Esquire I Attorneys for Plaintiff 1.ED- tl'.:E' m 2009 J€ L 27 APB 9: 4 0 i'vJ?t?01, r'.(`y 11 PL??l i 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 Plaintiffs 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. Phelan, Hallinan & Schmieg, LLP 1617 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 BY THE COURT, c i. t OF }! HE ,'•! ?ilY1T 7004 AUG 21 F'i'g 1* 57 WWII , ;,Lj ",` JN Y PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 -SOVEREIGN BANK Plaintiff V. JOSHUA L. SHINDEL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7034 EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above-captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for October 7, 2009. 2. Plaintiff wishes to postpone the Sheriff s Sale in accordance with a voluntary "moratorium" on foreclosures. The purpose of said moratorium is to hopefully avoid the necessity of the foreclosure and allow for a possible workout of the default. 3. Unless the court grants this Order to postpone the Sheriff's Sale, the Plaintiff will have to re-advertise the property in furtherance of Pa.R.C.P. 3129.2, which will result in additional costs to the parties. 4. A brief postponement of the Sheriffs Sale will not prejudice Defendant and will, in (fact, inure to his benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to January 6, 2010 Sale. Respectfully sub ed, HELAN HAL / & SCHMIEG, LLP Date: O BY Daniel G. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JOSHUA L. SHINDEL Defendant No. 08-7034 PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriff s Sale of real property by special order of Court. In the case at bar, a Sheriffs Sale of the mortgaged premises has been scheduled fore, October 7, 2009; however, a three-month postponement is requested in observance of the general foreclosure moratorium. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a three-month continuance of the Sheriff's Sale of the mortgaged premises to the January 6, 2010 Sheriff s sale. Respectfully submitted, PHELAN HAL & SCHMIEG, LLP Date: tO BY Daniel G. Schmieg, squire Attorney for Plaintiff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Respectfully Date: td -, - O °r PHELAN HALLI& SCHMIEG, LLP By Daniel G. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SOVEREIGN BANK Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JOSHUA L. SHINDEL Defendant No. 08-7034 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire hereby certify that a copy of the Emergency Motion for Postpone Sheriff s Sale, Memorandum of Law in Support thereof, and Certification of Service, has been sent to the individuals indicated below on the date indicated below: JOSHUA L. SHINDEL 464 SAMPLE BRIDGE ROAD ENOLA, PA 17025-1024 Date: 1D S 4 "submitted, PHELAN HAi? & SCHMIEG, LLP Daniel Gchmi6g, Esquire Attorney for Plaintiff FlLED-t` WiCE OF THE P,?CTHr:,NOTARY 2009 OCT -b AM 8: 38 s I. .. OCT 0 6 2009 ? IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JOSHUA L. SHINDEL Defendant No. 08-7034 ORDER AND NOW, this day of October 2009, after consideration of Plaintiffs Emergency Motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the said sale of 464 Sample Bridge Road, Enola, PA 17025-1024, is hereby extended to the regularly scheduled CUMBERLAND County Sheriffs Sale dated January 6, 2010. No further advertising or additional notice to lien holders or defendants is required; however, the Sheriff has made an announcement of the postponement to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via ? mail. BY THE CO cc: Daniel G. Schmieg, Esquire - c"?'? j !0 6 - 9 JOSHUA L. SHINDEL " - ap y --'/ e `t Sheriff of CUMBERLAND County A red p, A-dWered by n1?7 J. Phs# 192014 FILED--v- CE QE ?HE RP,-)T1 ^'I!0TARY 2009 OCT -6 A Qo: I I 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 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 08-7034 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 HALLINAN SCHMIEG, LLP Date: 1 01 I q 104 By: Jenine R. Davey, Esquire Attorneys for Plaintiff ALE THE PtPil' 10 My 2009 OCT 20 PIN 2: 53 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sovereign Bank 601 Penn Street Reading, PA 19601 : Civil Division vs. Plaintiff Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 Defendant ORDER AND NOW, this ?5 ? day of Court of Common Pleas No. 08-7034 kj©v , , 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the dwelling at 464 Sample Bridge Road, Enola, PA 17025, Township of Silver Spring, with a tax parcel I.D. number of 38-04-0367-042A, is equitably converted to real estate by way of this motion, and not subject to separation from land, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this order for recording. BY THE COURT: ?/ Jenine R. Davey, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-4491 ienine.davey@fedphe.com 0-61 J L-ESPna L LL ia,/a / v? '=rq "J. Joshua L. Shindel 464 Sample Bridge Road Enola, PA 17025 ALE 1) - 2 00° DE- C - I P111 2=17 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,c ;?.r i?,r•Y Jody S Smith Chief Deputy 'L U J..'?.? ?3 P•` i':? L Edward L Schorpp Solicitor Sovereign Bank VS. Case Number Joshua L Shindel 2008-7034 SHERIFF'S RETURN OF SERVICE 11/10/2009 Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/4/09 at 1319 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 Joshua L. Shindel, located at, 464 Sample Bridge Road, Enola, Cumberland County, Pennsylvania according to law. 11/10/2009 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 03/09/09 at 1913 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Joshua L. Shindel, by making known unto, Joshua L. Shindel, personally, at, 464 Sample Bridge Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 01/06/2010 Property sold to Mortgage Company for $ 1.00 on 1/6/10 01/12/2010 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 December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Sovereign Bank, 601 Penn Street, Reading, PA 19601, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ SHERIFF COST: $248.51 January 12, 2010 SO ANSWERS NY R ANDERSON, SHI Jee t b o,(, Co SOVEREIGN BANK 1? CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JOSHUA L. SHINDEL CIVIL DIVISION Defendant(s). NO. CIVIL-08-7034 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,464 SAMPLE BRIDGE RD, ENOLA, PA 17025- 1024. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 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 PENN WASTE, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 88 BRICKYARD ROAD P.O. BOX 3066 YORK, PA 17402 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 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 statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to uns=G.SC rities. February 23, 2009 DATE , ESQUIRE Attorney for Pl aintiff SOVEREIGN BANK CUMBERLAND COUNTY Plaintiff, V. JOSHUA L. SHINDEL Defendant(s). No. CIVIL-08-7034 February 23, 2009 TO: JOSHUA L. SHINDEL 464 SAMPLE BRIDGE RD ENOLA, PA 17025-1024 "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, 464 SAMPLE BRIDGE RD, ENOLA, PA 17025-1024, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $130,722.65 obtained by SOVEREIGN BANK (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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 TRACT OF LAND situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Township Road No. 596 (50 feet wide) at the corner of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, said point being North 75 degrees West, 141.94 feet from the western line of a proposed utility easement, running between said land of Oscar N. Bricker and Mabel R. Bricker, his wife, and land of Albert Jacobs; thence along the north side of said Township Road No. 596, North 75 degrees West, 139.45 feet to a point; thence along a proposed 50-foot right of way, North 20 degrees 58 minutes East, 204.66 feet to a point; thence continuing along said proposed right of way, North 24 degrees 47 minutes West, 59.07 feet to a point; thence along the line of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, South 80 degrees 50 minutes East 113.77 feet to a point; thence continuing alonglands of same, South 5 degrees 40 minutes West 264 feet to a point on the north side of the public Township Road No. 596, the place of BEGINNING, have thereon situated a mobile home. The above described tract of land is to be considered as Lot No. 21 in the Plan of Lots of Oscar N. Bricker known as Log Cabin Ville. TITLE TO SAID PREMISES IS VESTED IN Joshua L. Shindel, single man, by Deed from Steven Rickrode and Jean Rickrode, h/w, dated 06/25/2003, recorded 06/27/2003 in Book 257, Page 4064. PREMISES BEING: 464 SAMPLE BRIDGE RD, ENOLA, PA 17025-1024 PARCEL NO. 38-04-0367-042A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7034 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sovereign Bank Plaintiff (s) From Joshua L. Shindel (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 $130,722.65 L.L. $.50 Interest from 02/05/2009 - 06/10/2009 (per diem - $21.49) $2,707.74 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $166.80 Plaintiff Paid Other Costs Date: February 25, 2009 (Seal) REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215)563-7000 C R. Long, otary By: Deputy Supreme Court ID No. 62205 Real Estate Sale # 71 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 464 Sample Bridge Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: Ma'-J,- The Patriot-News Co. 812 Market St. Harrisburg; PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4tPahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 Sworn to`8ftrY$6bscribed before nie'rthis I ay of May, 2009 A.D. Notary Pu COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisser, Notary Public Crly Of Harrisburg; Dauphh County My Cortxraesion Ex0es Nov 26 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 71 ? Vrtt No. 2008.7034 Civil Term Sovereign Bank VS Joshua L. Shindel Attorney Daniel Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Township Road No. 596 (50 feet wide) at the comer of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, said point being North 75 degrees West, 141.94 feet. from the western line of a proposed utility easement, running between said land of Oscar N. Bricker and Mabel R. Bricker, his wife, and land of Albert Jacobs; thence along the north side of said Township Road No. 596, North 75 degrees West, 139.45 feet to a point; thence along a proposed 50-foot right of way, North 20 degrees 58 minutes East, 204.66 feet to a point; thence continuing along said proposed right of way, North 24 degrees 47 minutes West, 59.07 feet to a point; thence along the line of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, South 80 degrees 50 minutes East 113.77 feet to a, point; thence continuing along lands of same, South 5 degrees 40 minutes West 264 feet to a point on the north side of the public Township Road No. 596, the place of BEGINNING, have thereon situated a mobile home. The above described tract of land is to be considered as Lot No. 21 in the Plan of Lots of Oscar N. Bricker known as Log Cabin Ville. TITLE TO SAID PREMISES IS VESTED IN Joshua L. Shindel, single man, by Deed from Steven Ricktode and Jean Rickrode, h1w, dated 06125/2003, recorded 0627003 in Book 257, Page 4064. PREMISES BEING: 464 SAMPLE BRIDGE RD, ENOLA, PA 17025-1024 PARCEL NO. 3840367-042A 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: May 1, May 8, and May 15, 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. Lisa M e Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 5 day of May. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 71 Writ No. 2008-7034 Civil Sovereign Bank vs. Joshua L. Shindel Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the north side of Township Road No. 596 (50 feet wide) at the corner of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, said point being North 75 degrees West, 141.94 feet from the western line of a proposed utility easement, running between said land of Oscar N. Bricker and Mabel R. Bricker, his wife, and land of Albert Jacobs; thence along the north side of said Township Road No. 596, North 75 degrees West, 139.45 feet to a point; thence along a proposed 50-foot right of way, North 20 degrees 58 minutes East, 204.66 feet to a point; thence continuing along said proposed right of way, North 24 degrees 47 minutes West, 59.07 feet to a point; thence along the line of land now or formerly of Oscar N. Bricker and Mabel E. Bricker, his wife, South 80 degrees 50 minutes East 113.77 feet to a point; thence continuing along lands of same, South 5 degrees 40 minutes West 264 feet to a point on the north side of the public Township Road No. 596, the place of BEGINNING, have thereon situated a mobile home. The above described tract of land is to be considered as Lot No. 21 in the Plan of Lots of Oscar N. Bricker known as Log Cabin Ville. TITLE TO SAID PREMISES IS VESTED IN Joshua L. Shindel, single man, by Deed from Steven Rickrode and Jean Rickrode, h/w, dated 06/25/2003, recorded 06/27/2003 in Book 257, Page 4064. PREMISES BEING: 464 SAMPLE BRIDGE RD, ENOLA, PA 17025- 1024. PARCEL NO. 38-04-0367-042A. 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 SOVEREIGN BANK is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 7034, at the suit of SOVEREIGN BANK against JOSHUA L SHINDEL is duly recorded as Instrument Number 201001602. IN TESTIMONY WHEREOF, I have hereunto set my hand and sal of said office this C200 day of A.D. 19?2z' Re er of Deeds