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HomeMy WebLinkAbout09-1504i6 Phelan Hallinan & S Lawrence T. Phelan, Francis S. Hallinan, Daniel G. Schmieg, Michele M. Bra[for Judith T. Romano, E Sheetal R. Shah-Jani Jenine R. Davey, Es Lauren R. Tabas, Es Vivek Srivastava, Es Jay B. Jones, Esq., I Peter J. Mulcahy, Es Andrew L. Spivack, Jaime McGuinness, Chrisovalante P. Fli 1617 JFK Boulevard. One Penn Center Pla Philadelphia, PA 191 hmieg, LLP Esq., Id. No. 32227 sq., Id. No. 62695 sq., Id. No. 62205 Esq., Id. No. 69849 q., Id. No. 58745 Esq., Id. No. 81760 Id. No. 87077 Id. No. 93337 Id. No. 202331 No. 86657 ., Id. No. 61791 sq., Id. No. 84439 sq., Id. No. 90134 os, Esq., Id. No. 94620 Suite 1400 198735 FIRST HORIZON OME LOAN CORPORATION, A DIVISION OF FIR T TENNESSEE BANK NATIONAL ASSO IATION 4000 HORIZON W Y IRVING, TX 75063 V. SANDRA E. GOSS RT JOHN O. GOS5ERT I II A/K/A JOHN O. GO SERT 1040 MUD LEVEL OAD SHIPPENSBURG, P 17257-9781 ATTORNEY FOR COURT OF COMMON CIVIL DIVISION TERM NO. Q 9 - ,DSO V C CUMBERLAND COUNT'. CIVIL ACTION - LAW File #: 198735 1 You have be following pages, yol are served by enterij the Court your defer you fail to do so, the by the Court withoul claim or relief reque important to you. YOU SHOU] NOT HAVE A LAVA THIS OFFICE CAN IF YOU CV TO PROVIDE YOU LEGAL SERVICES NOTICE en sued in Court. If you wish to defend against the claims set for i must take action within twenty (20) days after this Complaint al lg a written appearance personally or by attorney and ?iling in wr .ses or objections to the claims set forth against you. You are wao case may proceed without you, and a judgment may be entered a further notice for any money claimed in the Complaint or for an, lted by the plaintiff. You may lose money or property! or other ri; ?D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF N 'YER, GO TO OR TELEPHONE THE OFFICE SET FORTH B) PROVIDE YOU WITH INFORMATION ABOUT HIRING A I [NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY ? WITH INFORMATION ABOUT AGENCIES THAT', MAY OR 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 i in the i Notice ing with led that if ;ainst you other U DO ,OW. WYER. ABLE File #: 198735 I . 1 2. 3. 4. 5. Plaintiff is FIRST HOR IZON HOME LOAN CORPORATION A DIVISION OF FIRS T TENNESSE , E BANK NATIONAL ASSOCIATION 4000 HO ON WAY IRVING, T 75063 I The name(s) and last known address(es) of the Defendant(s) are: SANDRA E. GOSSERT JOHN O. SSERT, III A/K/A JOHN 0. GOSSERT 1040 MUD EVEL ROAD SHIPPENSB G, PA 17257-9781 who is/are th e mortgagor(s) and/or real owner(s) of the property her einafter de scribed. On 05/11/20 7 mortgagor(s) made, executed and delivered a mortg age upon th e premises hereinafter de scribed to MORTGAGE ELECTRONIC REGISTRA TION SYS EMS, INCORPO TED AS A NOMINEE FOR FIRST HORIZON HOM E LOAN CORPORAT ION which mortgage is recorded in the Office of the R ecorder of CUMBERLA ND County, in Mortgage Book No. 1992, Page 2195. The PLAI NTIFF is now the legal owner of the mortgage and is in the process of formali zing an ass ignment of same. The mortgage and assignment(s), if any, are matters of pub lic record and are incorporated h erein by reference in accordance with Pa.R.C.P. 1019( g); which Rule relieves the Pl aintiff from its obligations to attach documents to plea ings if tho se documents are of public record. The premises ubject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal d interest u pon said mortgage due 6/01/2008 and each month thereafter are due and unp aid, and b the terms of said mortga ge, upon failure of mortgagor to make such payments after a date specified by written no l ce sent to Mortgagor, the entire principal balance and 11 interest' ue thereon are co lectible forthwith. File #: 198735 6. The 7. If the mort? may be less attorney's ft Plaintiff res balance in tl the complex the Action. 8. Plaintiff is in against the I separate Act received a di Mortgage Fo discharged in premises purs File #: 198735 > g amounts are due on the mortgage: ipal Balance 1/2008 through 03/06/2009 'er Diem $44.51) rney's Fees ulative Late Charges 5/11/2007 to 03/06/2009 :gage Insurance Premium / lte Mortgage Insurance of Suit and Title Search t AL $256, 81.85 $13, 98.10 $1,300.00 $371.82 $140.00 7 0.00 $272,7 1.77 0.00 $9 9.01 9 9.01 $273,7.0.78 is reinstated prior to a Sheriffs Sale, the attorney's i the amount demanded based on work actually pei set forth) above e requested are in conformity with the mortgage and Pennsylvania law. -rves its right to collect attorney's fees up to 5% of the remaining p 'ncipal 1 event the property is sold to a third party purchaser at Sheriffs Sale, or if it of the action requires additional fees in excess of the amount demanded in I o seeking a judgment of personal liability (or an in ers nam judgment) > fendant(s) in the Action; however, Plaintiff reserves its right to bing a ion to establish that right, if such right exists. If Defend t(s) has /have s charge of personal liability in a bankruptcy proceeding this Action of r closure is in no way an attempt to reestablish such personal liabi ity bankruptcy, but only to foreclose the mortgage and sell the mortg ged ant to Pennsylvania Law. 0 4 9. Notice of Ir Emergency Notice of D the DefendE said notice 1 or an author by the Penn 10. The action i exceedsthe WHEREFORE,] of $273,710.78, t of Judgment, and and sale of the mi ition to Foreclose as set forth in Act 6 of 1974, Notic e of Home wner's sistance Program pursuant to Act 91 of 1983, as ame nded in 1 98, and/or ult as required by the mortgage document, as applic ble, have b een sent to s) on the date(s) set forth thereon, and the temporary stay aspr ovided by terminated because Defendant(s) has/have failed to ) meet with a Plaintiff d consumer credit counseling agency, or has/have be en denied sistance vania Housing Finance Agency. i I not come under Act 6 of 1974 because the original mortgage amount lar amount provided in the statute. JTIFF demands an in rem Judgment against the Defendant(s) i the sum er with interest from 03/06/2009 at the rate of $44.5 per diem o the date costs and charges collectible under the mortgage an? for the f eclosure property. PHELAN HALLINAN & SCHMIE?, LLP File #: 198735 G By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff 13? V LEGAL DESCRIPTION ALL the following County of Cumber. follows: Bribed real estate lying and being situate in the T and Commonwealth of Pennsylvania, more partof arly described as BEGINNING at a point in the Township Road Route 305 known as Mud Level Road' at corner of lands now or formerly of Phares W. and anna M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along the same North 50 degrees 1 minute 18 seconds East 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 feet to a set railroad spike at corner of Township Road Roue 305 and land now or formerly of Glenn O. Fogelsanger; thence along same South 10 degrees 8 minutes 9 seconds West 1419.64 feet to a set iron pin;thenco along same South 39 degrees 13 minutes 52 seconds West 102.84 feet to a set iron pin; theme along same South 53 degrees 11 minutes 47 seconds West 155.04 feet to a set iro pin; thence along same South 82 degrees 44 minutes 57 seconds West 125.76 feet to a set iro pin; them along same North 71 degre s 26 minutes 15 seconds West 95.75 feet to a set cone *ete monument at corner of land now o formerly of Glenn O. Fogelsanger and land now or formerly of hares W. and Anna M. Nolt; thence along land now or formerly of Phares W. and Anna M. Nolte North 18 degrees 33 minutes 4 seconds East 54.84 feet to a set iron pin; thence alon same Nor?h 56 degrees 00 minutes 1 seconds West 839.52 feet to the point and place of BEGINNING. BEING designated as December 16, 1994, r No. 3 as shown on survey prepared by John R. 3ed in Cumberland County Pennsylvania Plan69, page 1108. File M 198735 4 r BEING THE SAME PREMISES which Sandra E. Gossert, conveyed unto Sandra E. Gossert and John O. Gossert, husband and wife by deed dated September 8, 2005 an recorded October 4, 2005 in the Recorder's Office in and for Cumberland County, Pa. in Record Book 271, Page 1400. II III'i PROPERTY BEIN ; 1040 MUD LEVEL ROAD PARCEL 39-12-0318-059 File #: 198735 10 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, the jurisdiction of the Court and/or the verification could not be obtained for the filing of the leading, that I am authorized to make this verificatior 1024 (c), and that t e statements made in the foregoing Civil Action in Mc based upon information supplied by Plaintiff and are true and correct to th knowledge, information and belief. Furthermore, counsel intends to subst from Plaintiff upon receipt. The undersigned understands that this statement is made subject to Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. for Plaintiff DATE: 3-\Q File M 198735 hat Plaintiff is outside ,ithin the time allowed pursuant to Pa.R.C.P. rtgage Fotr closure are best of my ute a verification :he penaltigs of 18 III I' 9013 y rye ?V 4 ? ? `, n r? _, ?? Ilk x C ? r ?. i r; ° P n O r s Sheriffs Office of Cumberland County R Thomas Kline 4,%0'# st climb,r? Edward L Schorpp Sheri`' 6 Solicitor Ronny R Anderson Jody S Smith Chief Deputy OMM OF TK SKRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 09:47 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0947 hours, he served a true copy of the within Complaint in Mortgatge Foreclosure, upon the within named defendant, to wit: Sandra Gossert, by making known unto herself personally, defendant at 1040 Mud Level Road Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/14/2009 09:47 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0947 hours, he served a true copy of the within Complaint in Mortgatge Foreclosure, upon the within named defendant, to wit: John O. Gossert III, by making known unto himself personally, defendant at 1040 Mud Level Road Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.00 (PAID) March 16, 2009 2009-1504 First Horizon Home Loan SO ANSWERS, ?j R THOMAS KLINE, SHERIFF ---F B Y! S4-' l Deputy Sheri ff VS Sandra E. & John O. Gossert C PION K? 1 3 1 1 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff, V. SANDRA E. GOSSERT and JOHN O. GOSSERT, III A /K/A JOHN O. GOSSERT, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Case No: 09 -1504 Civil ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of. Defendant(s) Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff, V. SANDRA E. GOSSERT and JOHN O. GOSSERT, III A /K/A JOHN O. GOSSERT, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Case No: 09 -1504 Civil ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Sandra and John Gossert, by and through his attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint In Mortgage Foreclosure wherein the following is averred: 1. Admitted 2. Admitted. 3. Denied. It is denied that said mortgage was legally assigned or transferred and proof is demanded at the time of trial. 4. Admitted. 5. Denied. The Defendant believes and therefore avers that dates in Plaintiffs Complaint are not accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. The Defendant believes and therefore avers that the amounts stated in Plaintiffs Complaint are not accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Denied. It is denied that attorney's fees are appropriate in this case. r ? 8. Denied. Plaintiffs corresponding paragraph is a Conclusion of law and no response is required. 9. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendants, and therefore this allegation is denied and strict proof is demanded at the time of trial. 10. Denied. Plaintiff's corresponding paragraph is a Conclusion of law and no response is required. WHEREFORE, the Defendants request that this Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, BLEASDALE LAW OFFICE Counsel for Defendants VERIFICATION I, Brian J. Bleasdale, Esq., verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Atiril 9.2009 Date (Signature of Defendant or orized person) F LED-- 'RC OF THE PRO l-' '±' OTARY 2009 APR 14 AM IC: 5 0 ' r';s / dl,.,.. r ,.v iS'`? Lv AI 1tA N r AL PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (21-5) 561-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 Defendants TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 2009-01504 CUMBERLAND COUNTY Kindly substitute the attached Complaint Verification executed by Mike Fisher, Limited Vice President of Metlife Home Loans, servicing agent for Plaintiff in this matter, for the verification executed by Jaime McGuinness, Esquire, in connection with the above referenced Action. DATE: 1- By: -StA ?? Sheetal R. Shah-Jani Es ire Attorney for Plaintiff { r RW VERIFICATION Limited Vice President Mike Fisher hereby states that he/she is of METLIFE HOME LOANS, servicing agent for Plaintiff, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Name: Mike F?Sh®r Title: 'Limited Vice President Company: METLIFE HOME LOANS Loan:0060843380 File #: 198735 PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (,215) 561-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 2009-01504 CUMBERLAND COUNTY SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 Defendants I hereby certify that a true and correct copy of the foregoing Plaintiffs Praecipe to Substitute Verification was served by regular mail on the following parties on the date listed below: Brian J. Bleasdale, Esquire Bleasdale Law Office 931 Chislett Street Pittsburgh, PA 15206 DATE: dA 11 A 14? ItrL r Y' de-1- I By: Sheetal R. Shah- squire Attorney for Plaintiff F1 LED-40, FloCta- OF 2009 APR 30 AN 11 : 26 t w . I PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, a Division of First Tennessee Bank National Association 4000 Horizon Way Irving, TX 75063 Plaintiff VS. Sandra E. Gossert John O. Gossert, III a/k/a John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County : No. 2009-01504 MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, Sandra E. Gossert and John O. Gossert, III, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants generally deny paragraphs five (5) and six (6) of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 5. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1992, Page 2195, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. 6. By Assignment of Mortgage recorded June 2, 2009, the Mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Instrument No. 200918213. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 7. The date the assignment of mortgage was recorded has no bearing on this action. This is addressed in Plaintiffs attached brief. 8. The Mortgage is due for the June 1, 2008 payment, a period in excess of twelve (12) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. Defendants' default is also evidenced by Plaintiffs loan history on Defendants' loan. A true and correct copy of the loan history is attached hereto, made part hereof, and marked Exhibit F. 10. The last payment applied to the Defendants' mortgage was on or around June 23, 2008. Plaintiff applied this payment to Defendants' account for the delinquent May 1, 2008 payment, as is evidenced by the attached loan history on Defendants' account (see Exhibit F). Defendants did not tender another payment and the account remains due and owing for the June 1, 2008 payment. Plaintiff has not received any payments after that date. Furthermore, Defendants have not provided proof of any payments they might have made. 11. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds the dollar amount provided in the statute, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the letters along with proof of mailing are attached hereto, made part hereof, and marked Exhibit E. 12. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program along with proof of mailing are attached hereto, made part hereof, and marked Exhibit E. 13. Plaintiff provided Defendants with a reinstatement and payoff quote on March 30, 2009, but Defendants have failed to cure their arrears or payoff the loan. True and correct copies of Plaintiffs reinstatement and payoff quote are attached hereto, made part hereof, and marked as Exhibit G. 14. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint 15. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 16. Defendants have the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: V By: Sheetal R. Shah- , Esquire Attorney for Plaintiff EXHIBIT A L ZOG? !'!P. Y 16 PSI 3 12 Prepared By: -9999999999.99999 -9999999999.99999 -9999999999.99999 -9999999999.99999 Return To: FHHLC - POST CLOSING MAIL ROOM 1555 W WALNUT HILL LN #200 MC 6712 IRVING, TX 75038 Parcel Number: County : 39-12-0318-059 City: Premises: 1040 MUD LEVEL ROAD SHIPPENSBURG, Pennsylvania 17257 [Space Above This Line For Recording Datal MORTGAGE DEFINITIONS MIN 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 may llth, 2007 , together wish all Riders to this document. (B) "Borrower" is SANDRA E. GOSSERT JOHN O. GOSSERT III Borrower is the mortgagor under this Security Instrument. (C) "MERS11 is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA - Single Family - Fannie Mae(Freddle Mac UNIFORM INSTRUMENT WITH MERE 8A(PA) (ososl Form 3038 1101 Page , of '9 1IS: aE` I IIII?I III III IIIII IIIIN ll 1111 VMP Malpeps SoluUona, Inc. (BOOA21-7291 8K 1992PG2195 A (D) "Lender" is FIRST HORIZON HOME IRAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E) "Note" means the promissory note signed by Borrower and dated may 11th, 2007 The Note states that Borrower owes Lender TWO HUNDRED FIFTY NINE THOUSAND NINE HUNDRED SEVENTY SEVEN S 00/100 Dollars (U.S. $ 259, 917.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 1, 2037 (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. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [] Adjustable Rate Rider Condominium Rider 0 Second Home Rider Balloon Rider Planned Unit Development Rider F-1 1-4 Family Rider VA Rider 0 Biweekly Payment Rider ? Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (.n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic 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. Stich term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 4R-GA(PA) fowl) Pays 2 of 16 3^F?G iroual: Q? Form 3038 1101 BK 1992PG2 196 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the some subject matter. As used in this Security lnslrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in theCounty ['type of Reeording Jurisdiction] of Cumberland [Name of Recordin$ Jurisdiction]: All that tract or parcel of land as shorn on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which currently has the address of 1040 MUD LEVEL ROAD [city], Pennsylvania 17257 [Stmt] [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (at nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. SE- - $A(PAI to-) Pape 3 d le Form 3039 1101 BK 1992PG2197 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, 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) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by 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 ill Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in SCG- MN.IS t Ct-WPA) tome) P"04&16 Form 3039 1101 BK 1992PG2 198 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. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a hen or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance 'premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to play the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then) be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the S? db-GA(PA) MWB) paps or % Form 3038 1101 BK 199 2PG2 199 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA,' Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold' payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner' acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the Gen 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 Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the Gen. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. lim Intdjft: <l 0 Y 77/_ Oft-41A(PA) MM) Peps 6 of le V ??? ? Form 3039 1101 BK 1992PG2200 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might 'or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice; from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender'. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, an), insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically' feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall'be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that,'the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-ddy 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. S? Inklels: dM-BA(PA) (WW) Papa 7d 18 Fofm 3039 1101 BKI992PG220I --T-- 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrowers 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 Borrowers control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrowers 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 reasonablecause. 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 Borrowers knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrowers occupancy of the Property as Borrowers principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lenders 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 Lender may do and pay for whatever is reasonable or appropriate to protect Lenders 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. Lenders 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 rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or 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. S?F-c- t?4A(PA) tom) ?a?is mmw: P` 1? Form 3038 1101 ouI992PG2202 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage insurance coverage is not available, Burrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in Geu 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'coveiage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required qy Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain (losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As is result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 5CJC. ?y idn.b: ? ?Lne ?d1A(PA) (osw) Pep. 9a to Form 3039 1101 OKI992PG2203 (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 19" or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds 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, withthe excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which ft fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sutras secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of 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 distnissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of ?S_F_GQ 1-tiA(PA) 40506) Pepe end to Form 3039 1101 ou t 992PG2204' Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify' amortization of the sums secured by this Security Instrument by reason of any demand trade by the original! Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or, preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (d) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the! terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signers consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrowers obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lenders 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. Leader may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principail owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. SF?- mNleb: (-GA(PA) (ONe) repo- na ?c Fann 3038 1101 OKI992PG2205 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrowees change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall',. be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean' and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. 'tr'ansfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contriact or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's'' prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by'this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all Shy 4R43A(PA) pm) Pepe 12 of 10 Form 3038 1101 BK 1992PG2206 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security instrument) can be sold one or more times without prior notice!to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan ;Servicer, the address to which payments should be made and any other information RESPA requires in connlection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan ?ervicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed ,by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental' Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. spy ?.BA(PA) p5w) Page 13 of 16 Form M9 1101 BK 1992PG2207 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower ishall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, dem tta?d, lawsuit or other action by any governmental or regulatory agency or private parry involving the Propt rty and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows, 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but !r?ot prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall not;y Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shalt further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect an expenses Incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. ?-GA(PA) p60a) Paps 14 or 18 BKI992PG2208 SE-C, MIWb: QQ Form 3039 1101 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: Bo ni Jo Deitch s to both db4iA(PA) M5M) RAV"Pt - (Seal) SANDRA E. GOSSERT -Borrower IAL 0 ?_ ,22?L (Seal) JOHN 0. GOSSERT III -Borrower _ (Seal) (Seal) -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower Pope 15 of 16 OKI992PG2209 Form 3038 1101 COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 11th day of May, 2007 , before me, the undersigned officer, personally appeared SANDRA E. GOSSERT S JOHN O. GOSSERT III known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/sbdthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEA(?TH OF PENNSYWANtA Notarial Seal Bonnfe Jo Dealt Notary Pubic Hampden Twp., Cumberland County W Canxrt?sfon Expires Sept. 25.2008 Member. Pennsylvania Aeeodetlpn of Notarlea Title of Officer Certificate of Residence I, Bonnie Jo Deitch , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 11 th day of May, 2007 ? ?Ijxt L 1 91? U Agent of Mortgagee V- 8K 1992PG2210" Paps W of Is SEr? Form 3039 1101 EXHIBIT "A" 0060843380 ALL the following described real estate lying and being situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Township Road Route 305 known as Mud Level Road at corner of lands now or formerly of Phares W. and antra M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along the same North 50 degrees 1 minute 18 seconds East 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 feet to a set railroad spike at corner of Township Road Route 305 and land now or formerly of Glenn O. Fogelsanger; thence along same South 10 degrees 8 minutes 9 seconds West 1419.64 feet to a set iron pin; thence along same South 39 degrees 13 minutes 52 seconds West 102.84 feet to a set iron pin; thence along same South 53 degrees 11 minutes 47 seconds west 155.04 feet to a set iron pin; thence along same South 82 degrees 44 minutes 57 seconds West 125.76 feet to a set iron pin; thence along same North 71 degrees 26 minutes 15 seconds West 95.75 feet to a set concrete monument at corner of land now or formerly of Glenn O. Fogelsanger and land now or formerly of Phares W. and Anna M. Nolt; thence along land now or formerly of Phares W. and Anna M. Nolt North 18 degrees 33 minutes 45 seconds East 54.84 feet to a set iron pin; thence along same North 56 degrees 00 minutes 10 seconds West 839.52 feet to the point and place of BEGINNING. BEING designated as Lot No. 3 as shown on survey prepared by John R. Kissinger dated December 16, 1994, recorded in Cumberland County Pennsylvania Plan Book 69, page 108. BEING THE SAME PREMISES which Sandra E. Gossert, conveyed unto Sandra E. Gossert and John O. Gossert, husband and wife by deed dated September 28, 2005 and recorded October 4, 2005 in the Recorder's office in and for Cumberland County, Pa. in Record Book 271, Page 1400. Certify this to be recorded iii Cumberland County PA $? 19 9 2 PG 2 21.1 ? Recorder of Deeds EXHIBIT Al 4 NOTE May 11th, 2007 CAMP HILL, PA [Nate] [city] [state] 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 259,977.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FIRST HORIZON HOME LOAN CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is caged the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.250 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by Making a payment every month. I will make my monthly payment on the 18 t day of each month beginning on July 1st, 2007 I will make these payments every month until I have paid all of the principal and interest and any other charge's described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on June 1st, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO BOX 809 MEMPHIS, TN 38101 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,600.73 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE -Single Family- Fannie MaelFreddle Mac UNIFORM INSTRUMENT Wolters Kluwer Financial Services onn 32001101 VMP ®-$N (=7pi scc_Q Paps 1 of 3 Initlels:' 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 %u of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 32001101 VMP 0-5N (=?wt Pw• 2d3 L^IWa:?E L? P,Se ze 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section l$ within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. -(Seal) -Borrower -(Seal) -Borrower -(Seal) -Borrower [Sign Original Only] (Seal) RA G033E T -Borrower (Seal) -Borrower P -SN romrt.oi ca, Q (Seal) JOHN O. G03SERT III ZZ4d -Borrower -(Seal) -Borrower (Seal) -Borrower Page 3 or 3 Form 3M 1101 EXHIBIT A2 3i: ASSIGNMENT OF MORTGAGE Wt KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, be." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, F/K/A FIRST HORIZON HOME LOAN CORPORATION, "Assignee," the receipt whereof is acknowledged, has granted, bargained, sold, assigned, ttanskried and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by SANDRA E. GOSSERT and JOHN O. GOSSERT, III to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION, bearing the date 05/11/2007, in the amount of $259,977.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 05116/2007 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Book 1992 Page 2195, MIN: 1000852 0060843380 3. Being Known as Premises: 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257-Ml Parcel No: 39-12-0318-059 The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to the Assignee. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises 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 forever, subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Ass' or" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this l day of A ail, , 20 Oct. Mortgage Electronic Registration Systems, Inc. ti,`lf 7"2 BY: •••i?r%?'•, ?y •r, Sealed and Delivered Michael Fisher , Vice President in the presence of us; , . State of Texas = ,fig County of Dallas =.., f?..,p?+ On this - day of _ 20A% before me, the subscriber, personally appeared 141-hael fisher who aclmowled him/herself to be the Vice President of Mortgage Electronic Registration Systems, Inc., and that he/she, as such Vice President, being authorized to do so, executed; the foregoing instrument fot the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i ath,rlu ?. r`. AGUILAR Stamps a NOTARY PUsuC Notary Public STATE OF TEXAS ice, 024)(1010 The precise address of the with recording return to: Assignee is: 4000 HORIZON WAY IRVIN TX By: aei isher? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 April 28, 2009 Document Execution 0060843380 EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF Tdxas Dallas ss. COUNTY OF ) Mike hisher being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Limited Vice President at Metlife Home Loans, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendant's mortgage payments due June 1, 2008 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $256,381.85 Interest $13,798.10 May 1, 2008 through March 6, 2009 (Per Diem $44.51) Attorney's Fees $1,300.00 Cumulative Late Charges $371.82 May 11, 2007 to March 6, 2009 Mortgage Insurance Premium/ $140.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $272,741.77 Escrow Credit $0.00 Escrow Deficit 969.01 TOTAL $273,710.78 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. Name: Mike Fisher Title: Limited Vice President Metlife Home Loans SWORN TO AND SUBSCRIBED BEFORF, ME THIS 4L-- DAY OF ,?1 .2009. --- oo,.pT"?8;?? SHARON J LAWRENCE Notary Public, State of Texas pRy PC = ' ? = My Commission Expiires January 03, 2010, File Name: Sandra E. Gossert and John O. Gossert, 111, 198735 EXHIBIT C Phelan Hallinan & Lawrence T. Phelan Francis S. Hallinan, Daniel G. Schmieg, Michele M. Bradfo Judith T. Romano, Sheetal R. Shah-Jani Jenine R. Davey, Es Lauren R. Tabas, E Vivek Srivastava, Ei Jay B. Jones, Esq., Id Peter J. Mulcahy, Est Andrew L. Spivack, ] r Jaime McGuinness, I Chrisovaiante P. Flia 1617 JFK Boulevard, One Penn Center Plaa Philadelphia, PA 191 .hmieg, LLP Esq., Id. No. 32227 !sq., Id. No. 62695 ?sq., Id. No. 62205 , Esq., Id. No. 69849 sq., Id. No. 58745 Esq., Id. No. 81760 Id. No. 87077 ?., Id. No. 93337 I., Id. No. 202331 No. 86657 1., Id. No. 61791 ?sq., Id. No. 84439 sq., Id. No. 90134 os, Esq., Id. No. 94620 Suite 1400 198735 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIR§T TENNESSEE BANK NATIONAL ASSOCIATION' 4000 HORIZON WAY IRVING, TX 75063 Plainiff V. SANDRA E. GOSStRT JOHN 0. GOSSERT1 III A/K/A JOHN O. SERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 i ATTORNEY FQR COURT OF COMMON P CIVIL DIVISION TERM NO. 0 9- ,(So y c?: l CUMBERLAND CO I CIM AQnOW - LAW T IN MORTGAGE FORECLOSURE Pilo #: 199735 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 wamed 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 fiirther 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 13E 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 He M 199735 1. Plaintiff is FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN 0. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/11/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1992, Page 2195. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 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 M 199735 6. The following amounts are due on the mortgage: Principal Balance $256,381.85 Interest $13,798.10 05/01/2008 through 03/06/2009 (Per Diem $44.51) Attorney's Fees $1,300.00 Cumulative Late Charges $371.82 05/11/2007 to 03/06/2009 Mortgage Insurance Premium / $140.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $272,741.77 Escrow Credit $0.00 Deficit $969.01 Subtotal 969.01 TOTAL $273,710.78 7. If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File N: 198735 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $273,710.78, together with interest from 03/06/2009 at the rate of $44.51 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-.. g -M a ofd y Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 198735 T LEGAL DESCRIPTION ALL the following described real estate lying and being situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Township Road Route 305 known as Mud Level Road at corner of lands now or formerly of Phares W. and anna M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along the same North 50 degrees 1 minute 18 seconds East 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 feet to a set railroad spike at corner of Township Road Route 305 and land now or formerly of Glenn O. Fogelsanger; thence along same South 10 degrees 8 minutes 9 seconds West 1419.64 feet to a set iron pin; thence along same South 39 degrees 13 minutes 52 seconds West 102.84 feet to a set iron pin; thence along same South 53 degrees 11 minutes 47 seconds West 155.04 feet to a set iron pin; thence along same South 82 degrees 44 minutes 57 seconds West 125.76 feet to a set iron pin; thence along same North 71 degrees 26 minutes 15 seconds West 95.75 feet to a set concrete monument at comer of land now or formerly of Glenn O. Fogelsanger and land now or formerly of Phares W. and Anna M. Nolt; thence along land now or formerly of Phares W. and Anna M. Nolt North 18 degrees 33 minutes 45 seconds East 54.84 feet to a set iron pin; thence along same North 56 degrees 00 minutes 10 seconds West 839.52 feet to the point and place of BEGINNING. BEING designated as Lot No. 3 as shown on survey prepared by John R. Kissinger dated December 16, 1994, recorded in Cumberland County Pennsylvania Plan Book 69, page 108. File #: 198735 BEING THE SAME PREMISES which Sandra E. Gossert, conveyed unto Sandra E. Gossert and John O. Gossert, husband and wife by deed dated September 28, 2005 and recorded October 4, 2005 in the Recorder's Office in and for Cumberland County, Pa. in Record Book 271, Page 1400. PROPERTY BEING; 1040 MUD LEVEL ROAD PARCEL 39-12-0318-059 File #: 198735 VERIFICATION . F" Mike Fisher hereby states that he/she is Umfted Vice Presided of METLIFE HOME LOANS, servicing agent for Plaintiff, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: Name: Mike Fisher Title: Limited yce president Company: METLIFE HOME LOANS File #: 398735 EXHIBIT D " FIRST HORIZON HOME LOAN COURT OF COMMON PLEAS CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY CIVIL DIVISION Plaintiff, V. Case No: 09 -1504 Civil SANDRA E. GOSSERT and JOHN O. GOSSERT, III A /K/A JOHN O. GOSSERT, Defendant(s). ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of- Defendant(s) Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. T.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Plaintiff, V. SANDRA E. GOSSERT and JOHN O. GOSSERT, III A /K/A JOHN O. GOSSERT, Defendant(s). Case No: 09 -1504 Civil ANSWER TO COMPLAIN'T' IN MORTGAGE FORECLOSURE AND NOW, comes Sandra and John Gossert, by and through his attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and 61es the following Answer To Complaint In Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted. 3. Denied. It is denied that said mortgage was legally assigned or transferred and proof is demanded at the time of trial. 4. Admitted. 5. Denied. The Defendant believes and therefore avers that dates in Plaintiff's Complaint are not accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied The Defendant believes and therefore avers that the amounts stated in P aintiff's Complaint are not accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Denied. It is denied that attorney's fees are appropriate in this case. 8. Denied. Plaintiffs corresponding paragraph is a Conclusion of law and no response is required. 9. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendants, and therefore this allegation is denied and strict proof is demanded at the time of trial. 10. Denied. Plaintiffs corresponding paragraph is a Conclusion of law and no response is required. WHEREFORE, the Defendants request that this Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, BLEASDALE LAW OFFICE Counsel for Defendants VERIFICATION I, Brian L Bleasdale, Esq., verify that the statements made in this Aw wer to Compk*d In Mortgage Foreclosure are true and correct t0 the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 49014 relating to unworn falsification to authorities. EXHIBIT E r HORIZON. Ho,w Lw Cououim August 8, 2008 JOHN O GOSSERT III 1040 MUD LEVEL RD SHIPPENSBURG PA 17257 ACT 91 NOTICE TAB ACTION TO SAVE YOUR. HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE A SISTANCE PROGRAM (HEMAP) may be able to help tQ save your home. This notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELINGAG CY WITHIN (30) DAYS OF THE DATE OF THIS NOTICE Take this notice with you when you medt with the Counseling Agency Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (707) 780-1869)This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You- may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page 1 of 5 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDINIIR SU HIPOTECA. Mortgagor Name JOHN O GOSSERT III 1040 MUD LEVEL ROAD SHIPP.ENSBURG PA 17257 Loan Number Original Lender Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN TRW.. NRYT izm nevc rr Vnrr CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediataly of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your defauh). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. ACT 91 Page 2 of 5 MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE TO DATE Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR ROME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Dousing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (BrinH It u to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 1040 MUD LEVEL ROAD SHIPPENSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3 @ 1971.62 0@ 0 0 cr, 0 Late Charges 211.74 Other charges: Bad Check Fee 20.00 Other Fees 30.00 Minus Suspense .00 AL AMOUNT B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): ACT 91 Page 3 of 5 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 6,176.60 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (,Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lend Intends to exercise its rights to accelerate the mort a e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you inay lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property . IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. Jf You cure the default within the THIRTY (30) DAY period you will not be required to pay attorney s fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. ACT 91 Page '4 HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-707-9998/Phone I-214-441-7392/Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAUL'T' HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-707-9998. Sincerely, First Horizon Home Loans Collections Department ACT 91 Page 5 of 5 E_m so Z V d CD w d V ? Vt y i Z ? t Y6 LL LLg 3 CJ f m ?w a o ... = N y i rE :- N m - . O I , . .r co 2 o E E $ i LL N t d i t 66E6 2299 Tb96 T06E 09TL g;,? HFIRST ORIZON. HOME LOMt COVORATtON August 8, 2008 SANDRA E GOSSERT 1040 MUD LEVEL RD SHIPPENSBURG PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to fgreclose ,Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to hell) to save your home. This notice explains how the program works. To see if HEMAP can help, y u must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN (30) DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of this Notice If you have anyquestions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (707) 780-1869)This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page 1 of 5 LA NOTUCACION EN ED7UNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name SANDRA E GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG PA 17257 Loan Number Original Lender Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR 140ME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE' FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCrTM WTTHiN TUR. NF.xT 1111 nevc T17'vnT T MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for 'thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediat 1 of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, yowinust fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. ACT 91 Page 2 of 5 Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have Filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 1040 MUD LEVEL ROAD SHIPPENSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3 @ 1971.62 0@ 0 0 @ 0 Late Charges _ 211.74 Other charges. Bad Check Fee 20.00 Other Fees 30.00 Minus Suspense 00 TOTAL AMOUNT PASTDUE: 6.176.66 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): ACT 91 Page 3 of 5 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 6.176.60 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Shehff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY perio you will not be requited to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any tie up to one hour before the Sheriff's Sale You - +yjo j by a n the total amou t then a due lus an late or o char es then due reasonable attome ' fees and costs connected with the foreclosure sale and an other costs connected with Sheriffs Sale as s e ified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth In this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. ACT 91 Page 4 of 5 HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-707-9998 /Phone 1-214-441-7392 /Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-707-9998. Sincerely, First Horizon Home Loans Collections Department ACT 91 Page 5 of 5 ?' as N lL 61v N8i y _ r LL LL? y a° a A 5" U c N O ry p O a m a ? - - J: muj a N F w. - Ft: fI 3 I 2QE6 2L99 7h96 706E 097L r t CL I? V as ? w r U 1 m MAY-19-2009 11:03 Metlife Home Loans P.01 LOAN ADMINISTRATION 4000 HORIZON WAY IRVING, TEXAS 75063 REQ BY WLC CUSTOMER ACCOUNT ACTIVITY STATEMENT SANDRA E GOSSERT JOHN 0 GOSSERT III 1040 MUD LEVEL RD SHIPPENSBURG PA 17257 DATE 05/18/09 PAGE 1 -------------------------- CURRENT ACCOUNT INFORMATION ------------------------ TOTAL PRINCIPAL LOAN CURRENT (*PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 06-01-08 1,971.62 1,600.73 6.25000 256,381.85 2,962.11- ACTIVITY FOR PERIOD 08/01/08 - 05/15/09 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------------------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------------------- 04-23-09 00-00 632 STATUTORY EXPENSES 325.00 0.00 0.00 0.00 04-23-09 00-00 632 STATUTORY EXPENSES 1,500.00 0.00 0.00 0.00 04-23-09 00-00 632 STATUTORY EXPENSES 38.00 0.00 0.00 0.00 04-23-09 00-00 630 ATTORNEY ADVANCES 600.00 0.00 0.00 0.00 04-20-09 06-08 161 ESCROW ADVANCE 617.10 0.00 0100 617.10 04-20-09 04-09 313 CITY TAX 617.10- 0.00 0.00 617.10- 2962.11- NEW PRINCIPAL/ESCROW BALANCES 04-20-09 00-00 200.00 04-20-09 00-00 115.00 04-20-09 00-00 78.50 04-20-09 00-00 650.00 04-10-09 06-08 1,376.00 04-10-09 05-09 1,376.00- 03-30-09 00-00 15.00 632 STATUTORY EXPENSES 0.00 0.00 0.00 632 STATUTORY EXPENSES 0.00 0.00 0.00 632 STATUTORY EXPENSES 0.00 0.00 0.00 630 ATTORNEY ADVANCES 0.00 0.00 0.00 161 ESCROW ADVANCE 0.00 0.00 1376.00 351 HAZARD INSURANCE DISBURSEMENT 0.00 0.00 1376.00- 2345.01- NEW 631 PROPERTY PRESERVATION 0.00 0.00 0.00 PRINCIPAL/ESCROW BALANCES MAY-19-2009 11:03 REQ BY WLC Metlife Home Loans LOAN ADMINISTRATION 4000 HORIZON WAY IRVING, TEXAS 75063 CUSTOMER ACCOUNT ACTIVITY STATEMENT P.02 DATE 05/18/09 PAGE 2 SANDRA E GOSSERT ACTIVITY FOR PERIOD 08/01/08 - 05/15/09 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION ------ OF TRANSACTION TRANSACTION ------------- PRIN. PAID/ ESCROW PAID/ --------- - -------------------- ---OTHER------------- AMOUNT BALANCE INTEREST ------ BALANCE AMOUNT CODE /DESCRIPTION -- 03-11-09 00-00 ------------------- 631 PROPERTY PRESERVATION --------------------- 15.00 0.00 0.00 0.00 09-16-08 06-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 80.04-1 LATE CHARGE FEE 08-19-08 06-08 161 ESCROW ADVANCE 969.01 0.00 0.00 969.01 08-19-08 08-08 314 SCHOOL TAX 2,967.92- 0.00 0.00 2967.92- 969.01- NEW PRINCIPAL/ESCROW BALANCES 08-18-08 06-08 152 LATE CHARGE ASS ESSMENT 0.00 0.00 0.00 0.00 80.04-1 LATE CHARGE FEE TOTAL P.02 m m £ m £ 0 E. H Q E. H H H H H H H H H o w W m rx Q Q W U H r2 r.C rt £ rl r.C HIn O2 EH O0 \ .] D F UQ 3.] .7 FC arC aFC acC 3a W .?I m o m w m m mmm m m o mmm o m Q £ a.C Q Q W o Ho n, x q F4 0 00 0 or mon ow o How 00 N w Qi O W o U ?? 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Ogwxx r O xw dl a WQ ?I-I rggqy tCWUU cov um n El qWH ? a w zoaxHwu m II I a1 Cxl]CWLw o w a O N H H H H H H H H H N H H .. W W x H g q U F vlz mmwaa II nu? _ w n u u n W W..l n El NN m N N NN VIH N qC7 xH Fj IQ W H q r l N N r C N n N N a H w L n O i H ?n a M M H H H H H U H H M H H ul q U' O Inmwm M wM 00000 z,Hj aiW w£ U U W H O H H O e-1 N H '-I H '+ '-I F P z q II • H'- O F I 1 1 1 I I I V I I I O O z r4 W O a m N a Im a N N N w w w n mmm m F £ W W w U W r o x 0 0 0 0 0 0 co 0 0 0 0 0 S a w I I p H I Um. mm mp?q aU In [U/l W ?a OU I W v) . H VIN W N£ II II 1 W oo n u n r mW l 1 0 00 00000 W OA', W V wry ry ul EXHIBIT G r PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders in Pennsylvania & New Jersey March 30, 2009 Sandra E. & John O. Gossert 1040 Mud Level Road Shippensburg, Pa 17257 Re: Metiife Home Loans. v. Gossert, Sandra E. & John O. 1040 Mud Level Road Shippensburg, Pa 17257 Acctri? To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the amount of $23,275.24, which is the amount required to bring the above account current with Metiife Home Loans. Funds must be received in our office no later then 04/16109 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. Please make check payable to your mortgage company or servicer. • All checks must be made payable to the mortgage company stated above, and forwarded to PHELAN HALLINAN & SCHMIEG, LLP. Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may Incur additional expenditures in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Brooke Tomlinson Foreclosure Resolution Department Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. iryou. have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you uwe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay may be greater. Hence, if yon pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. OR PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe,com Brooke Tomlinson Representing Lenders in Legal Assistant Ext. 1556 Pennsylvania & New Jersey Reinstatement Figure NAME: Gossert, Sandra E. & John O. ACCT. #: DATE: 3/30/09 Good Through 04/16/09 Payments Due Late Fees NSF Fee Property Inspections/BPO Prothonotary of Cumberland County Costs Sheriff of Cumberland County Costs Additional Foreclosure Costs Attorney Fee TOTAL $21,641.92 $371.82 $20.00 $135.00 $86.50 $100.00 $220.00 $700.00 $23,275.24 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTSI Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the dale orthis communication, you owe the amount specified. Because of iutereat, late charges, and other charges that may vary from day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (315) 50-7001) and ask for the Reinstatement Department. n PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com SUBMIT THIS FORM ALONG WITH YOUR Pp ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASt COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED' please be advised that this firm is a debt collector attempting to collect a debt Any information received will be used for that purpose. ifyou have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt In collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late diarges, and other charges that may vary from day today, the amount due on the day you pay maybe greater. Hence, if you pay the amount shown above, an adjustment maybe accessary after we',recelve your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215), 563-7000 and ask for the Reinstalcmont Department. P bil PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders in March 30, 2009 Pennsylvania & New Jersey Sandra E. & John O. Gossert 1040 Mud Level Road 5hippensburg, Pa 17257 Re: Metlife Home Loans. v. Gossert, Sandra E. & John O. 1040 Mud Level Road 5hippensburg, Pa 17257 Acct#:11111111111111111111=? To Whom It May Concern: In accordance with your recent request, please find a payoff figure in the amount of $275,3814.58, which is the amount needed to satisfy the above account with Metlife Home Loans. Funds must be received in our office by 04116/2009 in order to process and forward to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. Please make check payable to your mortgage company or servicer. • All checks must be made payable to the mortgage company stated above, and forwarded to PHELAN HALLINAN & SCHMIEG, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additional expenditures in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Brooke Tomlinson Foreclosure Resolution Department please be advised that this firm Is a debt collector attempting to collect a debt. Any information received will be used for that purpose. Ifyou have received a discharge in bankruptcy, and this debt was not reef iirmad, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement ofn lion against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary ' from day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 663-7000 and ask for the Reinstatement Department. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Brooke Tomlinson Legal Assistant Ext. 1556 Representing Lenders in Pennsylvania & New Jersey Payoff Figure NAME: Gossert, Sandra E. & John O. ACCT. #• DATE: 3/30/09 Good Through 04/16/2009 Principal Balance Interest Escrow Advance Late Charges NSF Fee Property Inspection Prothonotary of Cumberland County Costs Sheriff of Cumberland County Costs Additional Foreclosure Costs Attorney Fee TOTAL $256,381.85 $15,356.18 $2,025.23 $371.82 $20.00 $120.00 $86.50 $100.00 $220.00 $700.00 r- $i70,381.581 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTSI PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose If you bave received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an sitempt to collect a debt, but only enforcement of s lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay maybe greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (213) 563.7000 and ask for the Reinstatement Department. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY' Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! 'PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED' Please be advised that this firm Is a debt collector attempting to collect a debL Any information received will be used for that purpose. If you have received n discharge in bankruptcy, and this debt was not reaffirmed, this correspondence Is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lion against property. As of the data of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary PFom day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment maybe necessary aDer we cdve your check, in which oven, we will inform you before depositing the check for collection. For further information, write the undersigned or all (215) 20.7000 and ..it for the Reinstatement Department. M VERIFICATION Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 6111iO I By: 4"1 - W, Date Sheetal R. Shah-Jani, ire Attorney for Plaintiff OF TV ,E P23 e^xAry '2099 21JIN 12 AM 10: 12 PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, a Division of First Tennessee Bank National Association 4000 Horizon Way Irving, TX 75063 Plaintiff VS. Sandra E. Gossert John O. Gossert, III a/k/a John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 Defendants Attorney for Plaintiff Court of Common Pleas : Civil Division : Cumberland County : No. 2009-01504 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Argument Praecipe and attached documents were sent via first class mail to the persons on the date listed below: Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 Date: 011?Tjc? Sandra E. Gossert John O. Gossert, III 1040 Mud Level Road Shippensbur P 17257-9781 By: Sheetal R. Shah-Jan' quire Attorney for Plaintiff FILED-4Y, RC E OF THE MM TH'nNCTARY 2009 JUN 12 AM 10: 12 CUFF# Ji N-1- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE First Horizon Home Loan Corporation, a Division of First Tennessee Bank National Association 4000 Horizon Way Irving, TX 75063 Plaintiff vs. Sandra E. Gossert John O. Gossert, III a/k/a John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 Defendants Court of Common Pleas Civil Division Cumberland County No. 2009-01504 No. 09 Civil 01504 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Sheetal R. Shah-Jani, Esquire Address: 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 (b) for defendant: Brian J. Bleasdale, Esquire Address: 931 Chislett Street Pittsburgh, PA 15206 Sandra E. Gossert John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 3. 1 will notify all parties in writing w ithin two days that this case has been listed for argument. Argument Court Date: July 22, 2009 Date: June 11, 2009 Sh etal R. Shah-Jani, quire Attorney for Plaintiff t A -t + - FILE C1,'FICc. 2009 JUIN 12 Aid 10: 09 CUMEL. ?LW 'A PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation, a Division of First Tennessee Bank National Association 4000 Horizon Way Irving, TX 75063 Plaintiff vs. Sandra E. Gossert John O. Gossert, III a/k/a John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 Defendants Attorney for Plaintiff : Court of Common Pleas Civil Division : Cumberland County : No. 2009-01504 MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, Sandra E. Gossert and John O. Gossert, III, have filed ar Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants generally deny paragraphs five (5) and six (6) of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 5. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1992, Page 2195, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. 6. By Assignment of Mortgage recorded June 2, 2009, the Mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Instrument No. 2009 1 82 1 3. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 7. The date the assignment of mortgage was recorded has no bearing on this action. This is addressed in Plaintiff s attached brief. 8. The Mortgage is due for the June 1, 2008 payment, a period in excess of twelve (12) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. Defendants' default is also evidenced by Plaintiffs loan history on Defendants' loan. A true and correct copy of the loan history is attached hereto, made part hereof, and marked Exhibit F. 10. The last payment applied to the Defendants' mortgage was on or ar and June 23, 2008. Plaintiff applied this payment to Defendants' account for the delinquent Ma} 1, 2008 payment, as is evidenced by the attached loan history on Defendants' account (see Exhibit F). Defendants did not tender another payment and the account remains due and owing for the June 1, 2008 payment. Plaintiff has not received any payments after that date. Furthermore, Defendants have not provided proof of any payments they might have made. 11. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds the dollar amount provided in the statute, as is further addressed in Plaintiffs attached Brief Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the letters along with proof of mailing are attached hereto, made part hereof, and marked Exhibit E. 12. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program along with proof of mailing are attached hereto, made part hereof, and marked Exhibit E. 13. Plaintiff provided Defendants with a reinstatement and payoff quote on March 30, 2009, but Defendants have failed to cure their arrears or payoff the loan. True and correct copies of Plaintiffs reinstatement and payoff quote are attached hereto, made part hereof, and marked as Exhibit G. 14. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint 15. Plaintiff submits that its request for attorney's fees for preparing and rosecuting its foreclosure action, executing on its anticipated judgment, listing the property for she#iffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue rther in its attached Brief. 16. Defendants have the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: V E By Sheetal R. Shah: f&4, Esquire Attorney for Plaintiff ¦ ?; %' ?'. • , Ic ..[i. r r [r ','2 C': ti 1007 NY 16 Pn 3 12 Prepared By: -9999999999.99999 -9999999999.99999 -9999999999.99999 -9999999999.99999 Return To: 1'HHLC - POST CLOSING MAIL ROOM 1555 W WALNUT HILL LN #200 MC 6712 IRVING, TX 75038 Parcel Number: County : 39-12-0318-059 City: Premises: 1040 MUD LEVEL ROAD SHIPPENSBURG, Pennsylvania 17257 [Space Above This Line For Recording Datal MORTGAGE DEFINITIONS MIN Words used in multiple sections of this document are defined below and other words are deftn 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 May 11th, 2007 , together with all Riders to this document. (B) "Borrower" is SANDRA E. GOSSERT JOHN O. GOSSERT III Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation! that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has a address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA - Single Family - Fannie MaefFreddie Mae UNIFORM INSTRUMENT WITH MERS 4j 4lA(PA) (o5osi Form 3039 1101 Page 10116 Inieats: £? I IIII?I I IIII jczr VMP Uwtga" SoWOom. lm. (60D)IS21.7291 8K 1992PG2195 (D) "Lender" is FIRST HORIZON ROME IRAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E) "Note" means the promissory note signed by Borrower and dated May 11th, 2007 The Note states that Borrower owes Leader TWO HUNDRED FIFTY NINE THOUSAND NINE HUNDRED SEVENTY SEVEN & 00/100 Dollars (U.S. $ 259, 977.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 1, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (C) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges andl late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider [] Balloon Rider ED Planned Unit Development Rider 0 1-4 Family Rider .y 0 VA Rider E:1 Biweekly Payment Rider 0 Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes,, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "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 those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Properly; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Properly. (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. -1 fnrwa: 4R-SA(PA) f?osl Page 2 of 16 Fo?m 3039 1101 BKI992PG2196 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et ',seq.) and its implementing regulation, Regulation X (24 C.F.R- Part 3500), as they might be amended from ime to time, or any additional or successor legislation or regulation that governs the same subject matter. A used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed i regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related m rtgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type ofRew ' g Jurisdiction] of Cumberland [Name of Rewrdin Jurisdiction]: All that tract or parcel of land as shown on Schedule "A" aria ed hereto which is incorporated herein and made a part hereof. which currently has the address of 1040 MD LLFVEL ROAD [street] SHIPPENSBURG [City], Pennsylvania 17257 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and 11 easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additi ns shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security In ment as the "Property." Borrower understands and agrees that MERS holds only legal title to the in granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS ( nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those intere is, including, but not limited to, the right to foreclose and sell the Property; and to take any action requir d of Lender including, but not limited to, releasing and canceling this Security Instrument. SEC- 1.1.%: 9-0-A ' .6A(PA} (rios) Pepe 3 of to Forin 3039 1101 1992PG2 197 131% BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and don-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Vote or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the 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 Lost current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, pli payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest doe under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment whic includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent pa ent and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment ceived from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in SEC mn?.a Q0 4=-WPA) (ows) Pv"4d1a Fe" 3039 1101 BK 1992PG2198 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. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments ate due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; () premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance preen ums, if any, or any sums payable by Borrower to Lender in Geu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At originat on or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to p y 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 waiv ,Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evi encing such payment within such time period as Lender may require. Borrower`s obligation to make such yments 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 obli ated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an scrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any r 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 0 lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of c t data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with A livable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, in to Mentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any ed=I Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time sp ilied under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually nalyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on t Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing r Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower y interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall bli paid on the Sic. I Ct-6A(PA) PWO1 Pape 5 W to ? ?: Form 3039 1101 BK 1992PG2 199 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 shah account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower (shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no ore than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, ender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necess to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and ! impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in S ton 3. Borrower shall promptly discharge any lien which has priority over this Security Ins ment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner cep table to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in goo faith by, or defends against enforcement of the Gen in, legal proceedings which in Lender's opinion operate t prevent the enforcement of the Gen while those proceedings are pending, but only until such proceedings concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien whi h can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fine, hazards included within the term "extended coverage," arid any other hazards including, but not limited to, earthquakes and floods, for which Lender requires in urance. This insurance shall be maintained in the amounts (including deductible levels) and for the period that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Len er's right to disapprove Borrowers 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 an 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. Sm mw.a: a o 4D-GA(PA) R--) Papa of 16 For}n 3039 1101 BR 1992PG2200 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might for might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against an risk, hazard or liability and might provide greater or lesser coverage than was previously in eff t. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exce the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this tion 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall b 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 subjec to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required b Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and 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 en ure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertak en promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a serf of progress payments as the work is completed. Unless an agreement is made in writing or Applicable w requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower aiy interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrow eb shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if, any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available in urance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that a insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30- y period will begin when the notice is given. In either event, or if Lender acquires the Property under ection 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 f 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 Pro erty. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unp id under the Note or this Security instrument, whether or not then due. Inlllab: (1/J S/Z 77T_ -"(PA) p5m) Pepe 7d 18 P -"- r F.r 3039 1101 BK ! 992PG220 I 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's princi al 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 Lend otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrow -r shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on a Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in ord to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determine( pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair t Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrowers obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Prop . If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lend ,,r 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 applion process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's owledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representation include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrow es principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security I trnrnent. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrum (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rig under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or f rfeiture, for enforcement of a lieu which may attain priority over this Security Instrument or to enf rce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay fo whatever is reasonable or appropriate to protect Lenders interest in the Property and rights under his Security Instrument, including protecting and/or assessing the value of the Property, and securing en or repairing the Property. Lenders actions can include, but are not limited to: (a) paying any sums secured b a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable alto eys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its sec red position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering th Property to make repairs, change locks, replace or board up doors and windows, drain water from pi es, eliminate building or other code violations or dangerous conditions, and have utilities turned on or ff. Although Lender may take action under this Section 9, Lender does not have to do so and is not and any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actio s authorized under this Section 9. SLC- I InnNN: ? ® 4 A(PA) MW) P.oe a oT I6 For - 3039 1101 I? BK 1992PG2202 Any amounts disbursed by Lender under this Section 9 shall become additional debt ?f Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from jthe date of disbursement and shall be payable, with such interest, upon notice from Lender to BorrowLi requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, forlany 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 designat payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to ob in coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially uivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mort age insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Bo -rower shall continue to pay to Lender the amount of the separately designated payments that were due when a insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-ref ndable 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 interes or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance veiage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender agn becomes available, is obtained, and Lender requires separately designated payments toward the premiums %r 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 Insuran , Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-re ndable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any writtagreement between Borrower and Lender providing for such termination or until termination is required b Applicable Law. Nothing in this Section 10 affects Borrowers obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain ses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a parry to the Mortgage In urance. Mortgage insurers evaluate their total risk on all such insurance in force from time to e, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These a eements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or p ies) to these agreements. These agreements may require the mortgage insurer to make payments using any rce of funds that the mortgage insurer may have available (which may include funds obtained from Mortga a Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any rninsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amour that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurers risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurers risk in exchange for a share of the premium; paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. SCC6 i i 4RAA(PA) tosser Pop 9 or to ?a.a. Form 3039 1101 iBu1992PG2203 (b) Any such agreements will not affect the rights Borrower has - If any - with r spect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. Thes rights may include the right to receive certain disclosures, to request and obtain cancellation of t e Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a fund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceed 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 less med. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been complete to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay forte repairs and restoration in a single disbursement or in a series of progress payments as the work is complet A. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the iscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then ue, with the. excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order pr vided 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 th fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the artial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums s ured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds mullilied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which th fair market value of the Property immediately before the partial taking, destruction, or loss in value is (less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that he 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 t 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 Patty" 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 egun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Le Bees interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, i acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dis 'ssed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material i pairment of 4D4WA) Mwe? Page loaf r8 Form 3039 1101 8KI992PG2204 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument gran by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of orrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify ortization of the sums secured by this Security Instrument by reason of any demand made by the original orrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any B mower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing is Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the emu of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Ins meat; 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 assume Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and nigh under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valu lion fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may n charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded p 'tted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principa owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the red 'on 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 paymen to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchar C. SEc- kiMleh:. 4-6A(PA) M-1 Pop 11 a ie Form 3039 1101 BKI992PG2205 IS. 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 dee ed to have been given to Borrower when mailed by first class mail or when actually delivered to Borro ees 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 Ad Jress unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall pro ptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure, there may be only one designated notice address under this Security Instrument at any one time. Any notice to'Lender shall be given by delivering it or by mailing it by rust class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Goveming Law; Severability; 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 an obligations contained in this Security Instrument are subject to any requirements and limitations of Ap licable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might a silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular sh ll mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obliation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in thi Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but of limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales con ct 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 i Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Securi Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applica le Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Th notice shall provide a period of not less than 30 days from the date the notice is given in accordance wi Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certai conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at ny time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale co ined in this Security Instrument; (b) such other period as Applicable Law might specify for the termination f Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those condi ions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument an I the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements (c) pays all SCf- Inltlala: ???? ®.8A(PA) (em) Page 12 CO 18 Foam 3039 1101 BKI992PG2206 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees ineutred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security{ Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of t e following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasu s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice o Borrower, A sale might result in a change in the entity (known as the "Loan Servicer") that collects Peri is 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 mom changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Bon?ower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan icer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will re in with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the N to 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 y reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such n tice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other arty hereto a reasonable period after the giving of such notice to take corrective action. If Appticabte Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substance; " 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 taws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any res onse action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmen I Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Sfy 1."I.: ?i Qs- 7r I 4-WPA) (06W) Paw13dle FOrM3039 1101 8}{?992PG2207 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, orlrelease of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The p ceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities o Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to in ntenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Prop and any Hazardous Substance or Environmental Law of which Borrower has actual knowled e, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, releaser or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or i notified by any governmental or regulatory authority, or any private party, that any removal or other remed ation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all neces remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on nder for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follo s: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to accelerat n following Borrower's breach of any covenant or agreement in this Security Instrument (but of prior to acceleration under Section IS unless Applicable Law provides otherwise). Lender shall not' y Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) whe the default most be cured; and (d) that failure to cure the default as specified may result in acceler tion of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale oft the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the ri*ht to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its option sy require immediate payment in full of all sums secured by this Security Instrument without further emand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled o collect all expenses incurred in pursuing the remedies provided In this Section 22, including, but n limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Securi Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall ischarge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge trower a fee for releasing this Security Instrument, but only if the fee is paid to a third patty for services ren eyed and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of y present or future laws providing for stay of execution, extension of time, exemption from attachment, levy nd sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrum t is lent to age Borrower to acquire title to the Properly, this Security Instrument shall be a purchase money m?Jg 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after dgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time time under the Note. OD -WPA) (06W) Page 14 of 1e 51rC- In aa: 00 7Zr Form 3039 1101 Ili 8K1992PG2208 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with h. Witnesses: Bo ni Jo Deitch s to both Md RA"J__ (Seal) SANDRA E. GOSSERT Borrower (Seal) JOHN O. GOSSERT III -Borrower ®-WPA) Moa) _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Paps is of 15 Form 3039 1101 8K t 992PG2209 COMMONWEALTH OF PENNSYLVANIA, OVERLAND County ss: On this, the 11th day of May, 2007 , before me, the undersigned officer, personally appeared SANDRA E. GOSSERT & JOHN O. GOSSERT III known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bonnie Jo Dtt A Notary Public Hw pdan nisTwp., Cumberland County My ston Expires Sept 25.2W9 Member, PwmylVartta Asaet:tatlan of Notarlas Title of Officer Certificate of Residence I, Bonnie Jo Deitch , do hereby certify that the correct address of the within-named mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 11 th day of May, 2007 6?0k' LT Ageot of Mortgagee paps 15 er 16 SEG. /? Ndnafs: QQ p Fotim 3039 1101 BK 1992PG2210" 0060843380 EXHISIT "A" ALL the following described real estate lying and being situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Township Road Route 305 known as mud Level Road at corner of lands now or formerly of Phares W. and anfia M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along the same North 50 degrees 1 minute 18 seconds East 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 feet to a set railroad spike at corner of Township Road Route 305 and land now or formerly of Glenn O. Fogelsanger; thence along same South 10 degrees 8 minutes 9 seconds West1419.64 feet to a set iron pin; thence along same South 39 degrees 1?3 minutes 52 seconds West 102.84 feet to a set iron pin; thence along !,same South 53 degrees 11 minutes 47 seconds West 155.04 feet to a set iron pin; thence along same South 82 degrees 44 minutes 57 seconds West 125.76 feet to a set iron pin; thence along same North 71 degrees 26 minutes 15 seconds West 95.75 feet to a set concrete monument at co ner of land now or formerly of Glenn O. Fogelsanger and land now o formerly of Phares W. and Anna M. Nolt; thence along land now or fo erly of Phares W. and Anna M. Nolt North 18 degrees 33 minutes 45 seconds East 54.84 feet to a set iron pin; thence along same North 56 degrees 00 minutes 10 seconds West 839.52 feet to the point and place of BEGINNING. BEING designated as Lot No. 3 as shown on survey prepared by John R. Kissinger dated December 16, 1994, recorded in Cumberland County Pennsylvania Plan Book 69, page 108. BEING THE SAME PREMISES which Sandra E. Gossert, conveyed unto Sandra E. Gossert and John O. Gossert, husband and wife by deed dated September 28, 2005 and recorded October 4, 2005 in the Recorders Office in and for Cumberland County, Pa. in Record Book 271,1 Page 1400. $K ! 992PG22 l .1 I Certify this to be recorded in Cumberland County PA Recorder of Deeds ?= ?;: ?. ??' ?: °. ?. ?: .?. ?;. r` ??: ?f{;-, NOTE May 11th, 2007 CAMP HILL, PA [Date] [City] [State] 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 259, 977.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FIRST HORIZON HOME LOAN CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.250 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on July 1st, 2007 I will make these payments every month until I have paid all of the principal and interest and any other charge described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal If, on June lat, 2037 , I still owe amounts under this Note, I will pay' those amounts in full on that date, which is called the "Maturity Date." I will make ramonthly payments at PO BOX 809 MEMPHIS, TN 38101 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,600.73 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Pfincipal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family- Fannie MaetFreddie Mac UNIFORM INSTRUMENT Form 32n111101 Walters VJuwar Financial Services VMP 5N (02040 sec- Page I of 3 1MMI.,Q? A f(? I. 'ut N 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then; (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of *5 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do cot pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does cot require me to pay immediately in (full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under thi Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given la notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of t e promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. a? 1101 Form 3200( VMP ®-M (0207}01 Pgp2d3 Infth 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. (However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 1$ within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) RA E. GOSSE T -Borrower (Seal) -Borrower D (Seal) JOHN O. GOSSERT III -Borrower (Seal) -Borrower (Seal) -Borrower -(Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] _Aw P?-SN toxinw Pap3or3 Form 32001/01 -_ Yrt- ' I ?L_' ASSIGNMENT OF MORTGAGE Wt KNOW ALL MEN BY THESE PRESENTS that "Mortgage Eketroaie Registration Systems, Inc." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, F/K/A FIRST HORIZON HOME LOAN CORPORATION, "Assignee," the receipt whereof is aelmowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed'', by SANDRA E. GOSSERT and JOHN O. GOSSERT, III to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION, bearing the date 05111/2007, in the amount of $259,977.00, together with the Note and indebtedness therein mentioned, $aid Mortgage being recorded on 05/16/2007 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Book 1992 Page 2195, MIN: 1000852 0060843380 3. Being Known as Premises: 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257-9781 Parcel No: 39-12.0318-059 The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to the Assignee. This assignment is solely intended to describe the instnunent sold in a manner sufficient to put third parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises 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 forever, subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this 1-day of `'" rt , 20 0° . Mortgage Electronic Registration' Systems, Inc. Sealed and Delivered in the presence of us; State of Texas County of Pallas Michael Fisher , Vice President ?`fs, ltpj On this 1444N day of 20,A% before me, the subscriber, personally appeared Michael Fisher who aclmorvledgbd hun/t?erself to be the Vice President of Mortgage Electronic Registration Systems, Inc., and that he/she, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i R.E. A(3UILAR Stamp/S 1 a i?(}YA I PUBLIC Notary Public STATE OF TEXAS ? . IhCp. oa os?zoto The precise address of the wt recording return to: Assignee is: Phelan Hallinan & Schmieg, LLP 4000 HORIZON WAY 1617 JFK Boulevard, Suite 1400 April 28, 2009 IRVIN TX 75? 6 One Penn Center Plaza Document Eze ution BY tte Philadelphia, PA 19103 0060843380 aei Fisher ?c?g7? PLAINTIFF'S AFFIDAVIT IN SUPPORT OF rrS MOTION FOR SUMMARY JUDGMENT STATE OF Toxas Dallas ss. COUNTY OF ) Mikeish?r , being duly sworn according to law, deposes and says: I . I am employed in the capacity of Limited Vice President at Metli& Home Loans, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendant's mortgage payments due June 1, 2008 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $256,381.85 Interest $13,798.10 May 1, 2008 through March 6, 2009 (Per Diem $44.51) Attorney's Fees $1,300.00 Cumulative Late Charges $371.82 May 11, 2007 to March 6, 2009 Mortgage Insurance Premium/ $140.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $272,741.77 Escrow Credit $0.00 Escrow Deficit 969.01 TOTAL $273,710.78 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. SWORN TO AND SUBSCRIBED BEFOR ME THIS ? DAY OF 1714,41 ,2009. - ARY KAa4 Name: Mike Fisher Title: Limited Vice President Metlife Home Loans SHARON J I.AWREN E Notary Public, State of exas p' My Commission Expi es January 03, 2010 File Name: Sandra E. Gossert and John O. Gossert, 111, 198735 EXHIBIT C 4 6 Phelan Hallinan & Lawrence T. Phelan, Francis S. Hallinan, Daniel G. Schmieg, Michele M. Bradfo Judith T. Romano, Sheetal R Shah-Jani Jenne R. Davey, Es Lauren R. Tabas, Es Vivek Srivastava, Es Jay B. Jones, Esq., I Peter J. Mulcahy, Andrew L. Spivack, Jaime McGuinness, Chrisovalante P. Fli 1617 JFK Boulevard, One Penn Center Pla Philadelphia, PA 191 hmieg, LLP Esq., Id. No. 32227 , Id. No. 62695 , Id. No. 62205 Esq., Id. No. 69849 q., Id. No. 58745 Esq., Id. No. 81760 Id. No. 87077 Id. No. 93337 , Id. No. 202331 No. 86657 ., Id. No. 61791 sq., Id. No. 84439 sq., Id. No. 90134 os, Esq., Id. No. 94620 Suite 1400 198735 FIRST HORIZON 40ME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON:t'AY IRVING, TX 75063 Plain>iff v. SANDRA E. GOSS RT JOHN O. GOSSERT III A/K/A JOHN O. SERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 1 1 ATTORNEY FOR COURT OF COMMON CIVIL DIVISION TERM NO. Q 9 -- ,SO y CUMBERLAND CO 1 CV,'M ACTION - LAW F?ik #: 198733 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 wr?ting with the Court your defenses or objections to the claims set forth against you. You are waived that if you fail to do so, the case may proceed without you, and a judgment maybe 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 BLOW. 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 FEES Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File N: 198735 1. Plaintiff is FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/11/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1992, Page 2195. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 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 dote specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N. 199735 6. The following amounts are due on the mortgage: Principal Balance $256,381.85 Interest $13,798.10 05/01/2008 through 03/06/2009 (Per Diem $44.51) Attorney's Fees $1,300.00 Cumulative Late Charges $371.82 05/11/2007 to 03/06/2009 Mortgage Insurance Premium / $140.00 Private Mortgage Insurance Cost of Suit and Title Search 7$ 50.00 Subtotal $272,741.77 Escrow Credit $0.00 Deficit $969.01 Subtotal 969.01 TOTAL $273,710.78 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the. action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to '!bring a separate Action to establish that right, if such right exists. If Defendant(s) ha$/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 4: 198735 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied (assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) ?n the sum of $273,710.78, together with interest from 03/06/2009 at the rate of $44.51 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 G a?? y By: - Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire -Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff Pile #: 198735 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Township Road Route 305 known as Mud Level Road'at corner of lands now or formerly of Phares W. and anna M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along the same North 50 degrees 1 minute 18 seconds East 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 feet to a set railroad spike alt corner of Township Road Route 305 and land now or formerly of Glenn O. Fogelsanger; thence along same South 10 degrees 8 minutes 9 seconds West 1419.64 feet to a set iron pin; thence along same South 39 degrees 13 minutes 52 seconds West 102.84 feet to a set iron pin; thence along same South 53 degrees 11 minutes 47 seconds West 155.04 feet to a set iron pin; thence along same South 82 degrees 44 minutes 57 seconds West 125.76 feet to a set iron pin; thence along same North 71 degrees 26 minutes 15 seconds West 95.75 feet to a set concrete monument at comer of land now or formerly of Glenn O. Fogelsanger and land now or formerly of Phares W. and Anna M. Nolt; thence along land now or formerly of Phares W. and Anna M. Noit North 18 degrees 33 minutes 45 seconds East 54.84 feet to a set iron pin; thence along same North 56 degrees 00 minutes 10 seconds West 839.52 feet to the point and place of BEGINNING. BEING designated as Lot No. 3 as shown on survey prepared by John R. Kissinger dated December 16, 1994, recorded in Cumberland County Pennsylvania Plan Book 69, page 108. File #: 198735 BEING THE SAME PREMISES which Sandra E. Gossert, conveyed unto Sandra E. Gossert and John O. Gossert, husband and wife by deed dated September 28, 2005 and recorded October 4, 2005 in the Recorder's Office in and for Cumberland County, Pa. in Reco> d Book 271, Page 1400. PROPERTY BEING; 1040 MUD LEVEL ROAD PARCEL 39-12-0318-059 File #: 198735 VERIFICATION . r , 'Mike FISi>01' hereby states that he/she is Unhed Vice Presided of METLIFE HOME LOANS, servicing agent for Plaintiff, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Name: ---- Mike Fish@r DATE: Title: 'United Woe President Company: METLIFE HOME LOANS File #: 198735 I i EXHIBIT D t FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff, V. SANDRA E. GOSSERT and JOHN O. GOSSERT, III A /K/A JOHN O. GOSSERT, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Case No: 09 -15504 Civil ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of- Defendant(s) Counsel of Record for this Party. Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff, 9. SANDRA E. GOSSERT and JOHN O. GOSSERT, III A /K/A JOHN O. GOSSERT, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Case No: 09 -1504 Civil ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Sandra and John Gossert, by and through his attorney, Briajn J. Blmsdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint In Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted. 3. Denied. It is denied that said mortgage was legally assigned or transferrod and proof is demanded at the time of trial. 4. Admitted 5. Denied The Defendant believes and therefore avers that dares in Plaintiffs Complaint are not accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. The Defendant believes and therefore avers that the amounts stated in Plaintiff's Complaint are not accurate, and therefore this allegation is denied and strict proof is demanded at the time of trial. 7. Denied. It is denied that attorney's fees are appropriate in this case. 8. Denied. Plaintiff's corresponding paragraph is a Conclusion of law and no response is required. 9. Denied. the Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendants, and therefore this allegation is denied and strict proof is demanded at the Ome of trial. 10. Denied. Plaintiffs corresponding paragraph is a Conclusion of law and no response is required WHEREFORE, the Defendants request that this Honorable Court dismiss the Plaintiffs Complaint. Respectfully submitted, BLEASDALE LAW OFFICE Brian J. Bleasdale,-Esquire Counsel for Defendants VERIFICATION 1, Brian J. Bleasdale, Esq., verify that the statements made in this Answer to (Complaint in Mortgage Forectomv are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A, Section 4904 relating to unworn falsification to authorities. Apri19. 2009 Date (Signature of Defendant or person) I 115 Ilk, EXHIBIT E G 44 HFIR5r ORIZON. Hoge tnln C.ouOUT M August 8, 2008 JOHN O GOSSERT III 1040 MUD LEVEL RD SHIPPENSBURG PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOU R HOME FROM FORECLOSURE TRUST OR MORTGAGE. Specific information about the nature of the default is provided in the attached pages. your home. This notice explains how the program works. the Counseling Agency. This Notice contains important legal information. If you have any questions, representatives ?t the Consumer Credit Counseling Agency may be able to help explain it. You- may also want to cont ct an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE FSTA NOTIFICACION OBTENGA UNA TRADUCCION 134MEDITAMENTE LLAMANDO VISTA AGENCEA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name JOHN O GOSSERT III 1040 MUD LEVEL ROAD SHIPPENSBURG PA 17257 Loan Number Original Lender Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR H6ME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGk?NCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE I,FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YbUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTG?GE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary s y of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies lid at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS_ IF OT T MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer counseling agencies listed at the end of this notice, the lender may NOT take action against you for (30) days after the date of this meeting. The names, addresses and telephone numbers of desil of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediat ] of 1 7- your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reaso set forth later in this Notice (see following pages for specific information about the nature of your defau t). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you ust fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Applic tion with one of the designated consumer credit counseling agencies listed at the end of this Notice. ACT 91 2 of 5 Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They 'ill be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During tha time, no foreclosure proceedings will be pursued against you if you have met the time requirements se forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision o: i your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETTTI N IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORM ON PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring It uu to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 1040 MUD LEVEL ROAD - - - SHIPPENSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months a? d the following amounts are now past due: No. of months due Payment amount due 3 cz 1971.62 0@ 0 0@ 0 Late Charges 211.74 Bad Check Fee 20.00 Other Fees 30.00 Manus Suspense .00 TOTAL AMOUNT PASTDUE: 6,176.60 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not Page 3 f 5 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 6,176.60 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) i IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) D YS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage deb . This means that the entire outstanding balance of this debt will be considered due immediately and you y lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past du is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal ac 'on to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the She riff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinq uency before the lender begins legal proceedings against you, you will still be required to pay the reas onable attorney's fees that were actually incurred, up to $50.00_ However, if legal proceedings are started a gainst you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they e xceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also includ other reasonable costs. If you cure the default within the THIRTY 30 DAY period, u will not be to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal b alance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the efault within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ' At to cure the default and prevent the at an tie to one hour fore the Sheriff's Sale. You may do o b a 'n the total amount then past due plus an late or other char es then due reasonable att orne s fees and costs connected with the foreclosure sale and an other costs connected with Sheriff's Sale as cifted in writing by the lender and by performing any other requirements under the morteaee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that s uch a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from th date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sal e. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out t any time exactly what the required payment or action will be by contacting the lender. • I'I ACT 91 Page 4 f 5 HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-707-9998/Phone 1-214-441-7392/Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownersbi of the mortgaged property and your right to occupy it. If you continue to live in the property after the S eriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the tender at anytime. ASSUMPTION OF MORTGAGE-You may or may not sell or transfer your home to a buyer or tra feree who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTIN BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-707-9998. .Sincerely, First Horizon Home Loans Collections Department ACT 91 Page 5 of 5 f i f I I I_ I l? I L U- L 1 I CD (? nS ?w c? ?o Z ?, Om vo mo I m W W ? I NN N fr iA N LL F ,.f Z .. i:j 66E6 2299 `IhQ6 TOLE ?9`Cl. U O w VI 7 O N m E Q O co E o U- r1 yI 1 PAAJ HoRlzoN 11061E I. Mi coff o A" AU,ust 8, 2008 SANDRA E GOSSERT 1040 MUD LEVEL RD SHIPPENSBURG PA 17257 ACT 91 NOTICE TAKE ACTION TO SAVE YOLfiR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Sfeeific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAPI maybe able to help t' save your home. This notice explains how the ,-program works the Counseling Agency. Agency toll free at 1-800-342-2397. (Persons with i aired hearing can call 707 780-1869). This Notice contains important legal information. If you have any questions, representatives t the Consumer Credit Counseling Agency may be able to help explain it. You may also want to con ct an attorney in your area. The local bar association may be able to help you find a lawyer. 91 Page 1 f 5 LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DIRECHO A REDIMIR SU HIPOTECA. Mortgagor Name SANDRA E GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG PA 17257 Loan Number Original Lender Current Lender/ Servicer : First Horizon Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT-), YOU MAY BE ELIGIBLEFOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you lmust arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU MORTGAGE DEFAULT". XPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for dirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reason$ set forth later in this Notice (see following pages for specific information about the nature of your defauIj). If you have tried and are unable to resolve this problem with the lender, you have the right to applyfor financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you ust fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. 91 Page 2 o5 Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They !will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Dousing Finance Agency has sixty (60) days to make a decision after it receives your application. During tbat time, no foreclosure proceedings will be pursued against you if you have met the time requirements "It forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision On your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it unto date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 1040 MUD LEVEL ROAD SHIPPENSBURG PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No. of months due Payment amount due 3 cr 1971.62 0@ 0 0@ 0 Late Charges 211.74 Other charges: -" Bad Check Fee 20.00 Other Fees 30.00 Minus Suspense .00 TOTAL AMOUNT PASTDUE: 6,176.60 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): ACT HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 6,176.60 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the late of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage d means that the entire outstanding balance of this debt will be considered due immediately and you the chance to pay the mortgage in monthly installments. If full payment of the total amount past 4 made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal foreclose upon your mort aged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the She pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinq before the lender begins legal proceedings against you, you will still be required to pay the reasc attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started a you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they e $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include reasonable costs. If You cure the default within the THIRTY (30) DAY period. you will not be ream pay attorney's fees. YS of . This ylose is not on to to OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAL If you have not cured the within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the In writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that sudh a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale.!! Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. ACT 91 Page 4 HOW TO CONTACT THE LENDER: First Horizon Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-800-707-9998 /Phone 1-214-441-7392 /Fax EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownezshi ' of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE-You may or may not sell or transfer your home to a buyer or traferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney,}' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT Ot TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT "AD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGH? TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-800-707-9998. Sincerely, First Horizon Home Loans Collections Department ACT 91 Page 5 of V ? I Cl w ? I Qf V I d LL ._ etJ c, OI c' - L rT;- - c 2QE6 2L99 TbV6 TOLE D914 Z 0 E y D m) I I J? 1 I i I I i I i I MAY-19-2009 11:03 Metlife Home Loans P.01 LOAN ADMINISTRATION 4000 HORIZON WAY IRVING, TEXAS 75063 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 05/18/09 REQ BY WLC PAGE 1 SANDRA E GOSSERT JOHN O GOSSERT III 1040 MUD LEVEL RD SHIPPENSBURG PA 17257 -------------------------- CURRENT ACCOUNT INFORMATION ------------------------ TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 06-01-08 1,971.62 1,600.73 6.25000 256,381.85 2,962.11- ACTIVITY FOR PERIOD 08/01/08 - 05/15/09 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION -----------------------------------------------------------------?-------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/ DESCRIPTION --- ---------------------------------------------------------------------------- 04-23-09 00-00 632 STATUTORY EXPENSES 325.00 0.00 0.00 0.00 04-23-09 00-00 632 STATUTORY EXPENSES 1,500.00 0.00 0.00 0.00 04-23-09 00-00 632 STATUTORY EXPENSES 38.00 0.00 0.00 0.00 04-23-09 00-00 630 ATTORNEY ADVANCES 600.00 0.00 0.00 0.00 04-20-09 06-08 161 ESCROW ADVANCE 617.10 0.00 0.00 617.10 04-20-09 04-09 313 CITY TAX 617.10- 0.00 0.00 617.10- 2962.11- NEW PRINCIPAL/ESCROW BALANCES 04-20-09 00-00 632 STATUTORY EXPENSES 200.00 0.00 0.00 0.00 04-20-09 00-00 632 STATUTORY EXPENSES 115.00 0.00 0.00 0.00 04-20-09 00-00 632 STATUTORY EXPENSES 78.50 0.00 0.00 0.00 04-20-09 00-00 630 ATTORNEY ADVANCES 650.00 0.00 0.00 0.00 04-10-09 06-08 161 ESCROW ADVANCE 1,376.00 0.00 0.00 1376.00 04-10-09 05-09 351 HAZARD INSURANCE DISBURSEMENT 1,376.00- 0.00 0.00 1376.00- 2345.01- NEW PRINCIPAL/ESCROW BALANCES 03-30-09 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 MAY-i9-2009 11:03 Metlife Home Loans P.02 LOAN ADMINISTRATION 4000 HORIZON WAY IRVING, TEXAS 75063 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 05/18/09 REQ BY WLC PAGE 2 SANDRA E GOSSERT ACTIVITY FOR PERIOD 08/01/08 - 05/15/09 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE -DATE DATE CODE DESCRIPTION -'',OF TRANSACTION -------------------------- TRANSACTION PRIN. PAID/ --------ESCROW PAID/ ------------0TH R------------- ----AMOUNT------BALANCE INTEREST BALANCE AMOUNT CODE/ DESCRIPTION ---------------------------------- _ 03-11-09 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 09-16-08 06-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 80.04-1 LATE CHARGE FEE 08-19-08 06-08 161 ESCROW ADVANCE 969.01 0.00 0.00 969.01 08-19-08 08-08 314 SCHOOL TAX 2,967.92- 0.00 0.00 2967.92- 969.01- NEW PRINCIPAL/ESCROW BALANCES 08-18-08 06-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 80.04-1 LATE CHARGE FEE I TOTAL P.02 m m £ M £ o ?n p1 m \ M w W .+ ut O z F .? ?? o Fo ? N w a 0 W Q H W o a E. o M? a sCo cx ui H W N F x zo O m M W O H n .£ , Q H H N 01 W H QO ^t, ?O W m '?+ m r ?o H M O O a r o n q m q it H a z w o H a . co ua M ? N W m a L) ut- o X M U o O H W o £ H z q a qq a b o E m x W O N ur w o Vl O H ? wo a a a. m a o ? a xo 2 ? o O ? off Q H (q? H a > C O W > (//gam o ma o w? 8 ? H0 O W N a O w Oo ril ao ?] H N a1 ? 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HH V H z o wAwmw "It a n w W W O mN mN NN NNp W wq a•y 7 a?w mm m mm mm mm to gFQR[W*.U 0.'O H aN m a' a1m mm mm I „H W MC7 U1 U 10 M lD 10 M M M M M q q H LnLn to to H W FS FC la (XI FU ,FZCI m Ln m H' NN N 111N NN W III N N N N N NN II II It II V H rj 11 O N N NN .141.7£,7.[(£ M w a> oM W w £ a n t O M O O O o x w Q on 0 no an an f] E IN w r w u a w x w H 7 a m m N N N w N EO > I H 174 H r N N m w W E. (4) N n O m m r Q Qaw £ o?n ? x r m wwuily V Q o (N O 0 0 0 0 r I O 1 [-11 1 ft EF ?7 xxol 0 00 oox9a E h ?I .o W m w ~ C? w 6H W W . W K q7G U O WU MW m H N Um ^ W 1 iS /x am N w?aw au m M wx°H CYO xi N H H 1./ H H -I ix w w w u N N N N H H •• W w 1 H Q Q 1 1? In VI V1W Q,a II II UI-] W n u 11 it u p:M H N t7 W N m NN H H NNa•HN OO.K'. H I.7 ?Q a H Q wN N r C N r NN'-lwm F F M M r1 .-I .I .? .? .1 .d M .d .-I [n V i1 Q Ca'J O Nmlom M 1OM 10mmmlu EH w E. W £ U U W riO fi N O Nry NHNN N ~`" O F I I I I 1 11 1 1 1 1 1 N O O z w w0 (Y1w pi lj'non m mm rmmmm /? C) wg anon 0 00 00000 E w w riUppqq q w 0 00 mmmmm a U? H Pa m I I .T.T.. IIIN£ u n FW 7.1 ng N N N101D Wx HO 111 '1 1 " E, w Ha Q ol o oo 00000 I. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders in' Pennsylvania & New (Jersey March 30, 2009 Sandra E. & John O. Gossert 1040 Mud Level Road Shippensburg, Pa 17257 Re: Metlife Home Loans. v. Gossert, Sandra E. & John O. 1040 Mud Level Road Shippensburg, Pa 17257 Acc , To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the mount of $23,275,24, which is the amount required to bring the above account current with Mettife H me Loans. Funds must be received in our office no later then 04/16109 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. Please make check payable to your mortgage company or servicer. • All checks must be made payable to the mortgage company stated above, and forwarded to PHELAN HALLINAN & SCHMIEG, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additio a1 expenditures in the interim period between the time these figures are generat?d and the time monies are tendered. In this event, only the FULL monies will be accept d. Acceptance of the funds Is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Brooke Tomlinson Foreclosure Resolution Department please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose f you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to bean attempt to collect a debt, but only enforcement of % lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary ?m day to day, the amount due on the day you pay may be grester. Reoee, if you pay the amount shown above, an adjustment may be accessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) -7000 and ask for the Reinstatement Department. L1 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Brooke Tomlinson Legal Assistant Ext. 1556 Reinstatement Fiqure NAME: Gossert, Sandra E. & John O. ACCT. #: DATE: 3/30/09 Good Thro gh 04/16109 Payments Due Late Fees NSF Fee Property Inspections/BPO Prothonotary of Cumberland County Costs Sheriff of Cumberland County Costs Additional Foreclosure Costs Attorney Fee TOTAL x$21,641.92 $371.82 $20.00 $135.00 Representing Lende?s in Pennsylvania & New Jersey $86.50 $100.00 $220.00 $700.00 ?- 23,275.24 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTSI pit at be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. if you have received a disebsrge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to bean attempt to collect a debt, but only enforcement of a lien against property. II, As of the date or this communication, you awe the amount specified. Because of interest, late charges, and other charges that may vary m day to day, the amount due on the day you pay may be greater. Hence, ifyou pay the amount shown above, an adjustment may be necessary after we we your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 7000 and ask for the Reinstatement Department. Malik PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com P *''THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY' Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE dOMPANI AND FORWARD TO OUR OFFICE! 'PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose, if you have received .discharge in bankruptcy, and this debt was out reaffirmed, this correspondence is not and should not be construed to bean attempt tucolicet a debt, but only enforcement of & lien against property. As of the date or this communication, you owe the amount specified. Because of interest, late charges„ and ether charges that may vary rom day to day, the amount due on the day you pay maybe greater. Renee, if you pay the amount shown above, an adjustment maybe necessary after we eive yo:.beck, in whih c event we will inform you before depositing the check for collection. For further Information, write the undersigned or call (215) 7000 and ask for the Reinstalement Departmcat. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.eom Foreclosure Resolution Department Representing Lenders in Pennsylvania & New (Jersey March 30, 2009 Sandra E. & John O. Gossert 1040 Mud Level Road Shippensburg, Pa 17257 Re: Metlife Home Loans. v. Gossert, Sandra E. & John O. 1040 Mud Level Road Shippensburg, Pa 17257 Atict#:? To Whom It May Concern: In accordance with your recent request, please find a payoff figure in the amount of $275,814.58, which is the amount needed to satisfy the above account with Mettife Home Loans. Funds must be received in our office by 04/1612009 in order to process and forward to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. Please make check payable to your mortgage company or servicer. • All checks must be made payable to the mortgage company stated above, and forwarded to PHELAN HALLiNAN & SCHMIEG, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additio al expenditures In the interim period between the time these figures are generat d and the time monies are tendered. In this event, only the FULL monies will be accept d. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Brooke Tomlinson Foreclosure Resolution Department pleasa be advised thnt this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. you have received n discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be as attempt to collect a debt, but only enforcement of a hen against property. As of the dale of this commonica don, you owe the amount specified. Because of interest, late charges, and other charges that may vary f m day to day, the amount due on the day you pay may be grater. Hence, if you pay the amount shown above, an adjustment may be necessary after we ve your check, in which event we will inform you before depositing the check for collection. For further Information, write the undersigned or ail (215 7000 and ask for the Reinstatement Department. it 1 LN PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Brooke Tomlinson Legal Assistant Ext. 1556 Representing Lendets in Pennsylvania & New,Jersey Payoff Figure NAME: Gossert, Sandra E. & John O. ACCT. #: DATE: 3/30/09 Good Throu h 04/16/2009 Principal Balance Interest Escrow Advance Late Charges NSF Fee Property Inspection $2516,381.85 $115,356.18 .$2,025.23 $371.82 $20.00 '$120.00 Prothonotary of Cumberland County Costs Sheriff of Cumberland County Costs Additional Foreclosure Costs Attorney Fee TOTAL $86.50 $100.00 $220.00 $700.00 $275,381.58 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTSI PL YOUR PAYM please be advised that this firm is a debt collector attempting to collect s debt. Any information received will be used for that purpose. if y u have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to cot t a debt, but only enforcement of it lien against property. As of the date of this communication, you owe the amount specified. Because of intereal, late charges, and other charges that may vary fro day to day, the amount due an the day you pay may be greater. Hence, if you pay the amount shown above, so adjustment may be necessary after we race' a your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (21S) 563000 and ask for the Reinstatement Department. i PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY' Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (if different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! **'"PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FARM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED' Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If?you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to bean attempt to collect a debt, but only enforcement of alien against property. I As of the data of this communication, you awe the amount specified. Because of interest, late charges, and other charges that may vary fr m day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we ve your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or all (215) 5 7000 and ask for the Reinstatement Department. 410 VERIFICATION Sheetal R. Shah-Jani, 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 madein the foregoing Motion for Summary Judgment and Brief are true and correct to the best other 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 toauthorities. G 0 "i By: Date Sheetal R. Shah-Jani, tec?iire Attorney for Plaintiff FILED :.t= 1CE OF THE PR -= ?' ", I TARY 2009 JUN 16 AM 10: 2 7 ?,,. ;, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE First Horizon Home Loan Corporation, a Division of First Tennessee Bank National Association Court of Common Pleas 4000 Horizon Way Irving, TX 75063 Civil Division Plaintiff VS. Cumberland County Sandra E. Gossert No. 2009-01504 John O. Gossert, III a/k/a John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 Defendants No. 09 Civil 01504 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Sheetal R. Shah-Jani, Esquire Address: 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103 (b) for defendant: Brian J. Bleasdale, Esquire Address: 931 Chislett Street Pittsburgh, PA 15206 Sandra E. Gossert John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 22, 2009 Date: June 11, 2009 4d xM fv(,? Sh etal R. Shah-Jani, quire Attorney for Plaintiff Rl FD--C)C7,jr;E OF THE FRJT, "nr, 7T:. ?Y 2009 Jilin 16 AIM 10: 2 7 tly A PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff (215) 563-7000 First Horizon Home Loan Corporation, a Division of First Tennessee Bank National Association Court of Common Pleas 4000 Horizon Way Irving, TX 75063 Civil Division Plaintiff vs. Cumberland County Sandra E. Gossert No. 2009-01504 John O. Gossert, III a/k/a John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of copy Plaintiffs Motion for Summary Judgment, original and two (2) copies Brief in Support thereof, copies of Praecipe'Tor Argument and Order were sent via first class mail to the person on the date listed below: Brian J. Bleasdale, Esquire 931 Chislett Street Pittsburgh, PA 15206 Date: t V Sandra E. Gossert John O. Gossert, III 1040 Mud Level Road Shippensburg, PA 17257-9781 By: Jo /\-,: Sheetal R. Shah- , Esquire Attorney for Plaintiff FILED--? r' RCE OF ?HF PCf;'f.,,,"JOTARY 2009 JUIN 16 AM 10: 2 7 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC - I PM 12: 13 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. SANDRA E. GOSSERT JOHN O. GOSSERT, III AIK/A JOHN O. GOSSERT Attorney for Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 2009-01504 I11100 ?Cj_&44y GCS 10323L0 ? 198735 PRAECIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against SANDRA E. GOSSERT, and JOHN O. GOSSERT, III A/K/A JOHN 0._GOSSERT, Defendant(s) in accordance with the Court's Order dated July 30, 2009. As set forth in the Court's Order $273,710.78 Interest - 03/06/2009 to 07/30/2009 $6,542.97 TOTAL 5 II Lrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No, 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? An rew C. Bramblett, Esq., Id. No. 208375 5JXlison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. - -,b - DATE: / f b 1 /16 f PHS # 198735 PROTHONOTARY CC: BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT STREET PITTSBURGH, PA 15206 198735 (Rule of Civil Procedure No. 236) - Revised FIRST HORIZON HOME LOAN CUMBERLAND COUNTY CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL COURT OF COMMON PLEAS ASSOCIATION VS. CIVIL DIVISION SANDRA E. GOSSERT No. 2009-01504 JOHN O. GOSSERT, III . A/K/A JOHN O. GOSSERT Notice is given that an assessment of damages in the above captioned matter has been entered against you on 12 „n?3? eQ. If you have any questions concerning this matter please contact: ? 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 ? Jairne McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Agrew C. Bramblett ,Esq., Id. No. 208375 E;kAllison F. Wells, Esq., Id. No. 309519 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 ATTE'!'IPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY" 198735 ,I(4 60 --13-*?" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Horizon Home Loan Corporation, a Division of First Tennessee Bank National Association 4000 Horizon Way Irving, TX 75063 Plaintiff vs. Sandra E. Gossert John O. Gossert, III aWa. John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 Defendants ORDER : Court of Common Pleas : Civil Division : Cumberland County No. 2009-01504 AND NOW, this day of Q , 2009 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendants, Sandra E. Gossert and John O. Gossert, III a/k/a John O. Gossert, for $273,710.78 plus interest from March 6, 2009 at the rate of $44.51 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. OKA -`g vCt "6 Cy no simum BY THE COURT: J. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION NO.: 2009-01504 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/06/2009 to Date of Sale ($44.51 per diem) TOTAL cr, >- r w N Z Q = C-) C) Q U-= a. C:)>. .J Ca f- Q r ? n _jc W a- =! C_.) U.5 =Z wz t-j U-Z o MW o U- 0 N C-) CUMBERLAND COUNTY $273.710.78 $32,358.77 $306,069.55 If I r\0- Nrr ti Phelan Hallinan & Schmieg, LLP ? Faniel rence T. Phelan, Esq., Id. No. 32227 ? cis S. Hallinan, Esq., Id. No. 62695 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 ? Chrisovaiante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 198735 vaq. od 't6. 44, t.a .a a? - Car+ 0 . . ?c__c 4 ? c c ? r C /02 385 zZ' ?, " dQ74/ W d z 0 H d z x z w w w z Z W Er r.+ W O A d z O d az o c• z z d Oa O Q x Q O Z ?! ZAP O rid ?O c F w O O z Cn W ?_ pw ? -cs w0 Q zo O H V w W ? L W ? Q O 3 O w O t° w ? I U " w x Lc] V) V) 0 0 w 0 o 00 mod fl V)wv wLQ v wa -5 uaO? U ? co UQV) W O?D w ?a 0 N NN r N 000a,z NN O 00 cn zvl p 00m O 0-0 Ozz ,Lj?zzbz-o o °Zo`OOZ ob b d~o C~" ?? abbb Z? d v ?j y'W O 6 W a ?" W °? W W v is Q} W W a' V OAO ol wtl?]W ~ W U Li. cl CO co V) Ldvai'a 0P4 O,:3co (J CCU dU °UQ aoo ?ooooaoaooooo LEGAL DESCRIPTION ALL the following described real estate lying and being situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Township Road Route 305 known as Mud Level Road at corner of lands now or formerly of Phares W. and anna M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along the same North 50 degrees 1 minute 18 seconds East 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 feet to a set railroad spike at corner of Township Road Route 305 and land now or formerly of Glenn O. Fogelsanger; thence along same South 10 degrees 8 minutes 9 seconds West 1419.64 feet to a set iron pin; thence along same South 39 degrees 13 minutes 52 seconds West 102.84 feet to a set iron pin; thence along same South 53 degrees 1 I minutes 47 seconds West 155.04 feet to a set iron pin; thence along same South 82 degrees 44 minutes 57 seconds West 125.76 feet to a set iron pin; thence along same North 71 degrees 26 minutes 15 seconds West 95.75 feet to a set concrete monument at corner of land now or formerly of Glenn O. Fogelsanger and land now or formerly of Phares W. and Anna M. Nolt; thence along land now or formerly of Phares W. and Anna M. Nolt North 18 degrees 33 minutes 45 seconds East 54.84 feet to a set iron pin; thence along same North 56 degrees 00 minutes 10 seconds West 839.52 feet to the point and place of BEGINNING. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above described premises. BEING designated as Lot No. 3 as shown on survey prepared by John R. Kissinger dated December 16, 1994, recorded in Cumberland County Pennsylvania Plan Book 69, page 108. TITHE TO SAID PREMISES IS VESTED IN Sandra E. Gossert and John O. Gossert, Ii/w, by Deed from Sandra E. Gossert, individually, dated 09/28/2005, recorded 10/04/2005 in Book 271, Page 1400. PREMISES BEING: 1040 MUD LEVEL ROAD, SHMPENSBURG, PA 17257-9781 PARCEL NO. 39-12-0318-059,39000327 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2009-01504 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ByM AtPl aintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr cis S. Haliinan, Esq., Id. No. 62695 ? aniel G. Schmie;, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Q E- ? Judith T. Romano, Esq., Id. No. 58745 LU C) eV =q ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 CJ Z P C) ? Jenine R. Davey, Esq., Id. No. 87077 uU_ L L ? Lauren R. Tabas, Esq., Id. No. 93337 ??-- ?--? ? Vivek Srivastava, Esq., Id. No. 202331 __. r <> ? Jay B. Jones, Esq., Id. No. 86657 C ? ? ? Peter J. Mulcahy, Esq., Id. No. 61791 tL t W CDJ ? Andrew L. Spivack, Esq., Id. No. 84439 t-- © tea- ? Jaime McGuinness, Esq., Id. No. 90134 LL_ C°., ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 FIRST VORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSQCIATION Plaintiff V. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2009-01504 CUMBERLAND COUNTY PHS # 198735 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257- 9781. Name and address of Owner(s) or reputed Owner(s): Name SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably C) `Q) ascertained, please so indicate) - 1040 MUD LEVEL ROAD ter` -< '7 M r 'ar rn SHIPPENSBURG, PA 17257-9781 r? © -- o© A 1p 2 b r 1040 MUD LEVEL ROAD ?p -C - j SHIPPENSBURG, PA 17257-9781 Dg tv p Address (if address cannot be reasonably -c ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which rnay be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Sandra E. Gossert & John O. Gossert, III A/K/A John O. Gossert C/o: Brian J. Bleasdale, Esquire 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 931 Chislett Street Pittsburgh, PA 15206 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 6"' Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 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 unsworn falsificatio to authorities. October 30. 2010 13),: Atto Meforlainti Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 FIRS' HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO.: 2009-01504 : CUMBERLAND COUNTY SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT C Defendant(s) ?? ? ? ??0 rV7 nj NOTICE OF SHERIFF'S SALE OF REAL PROPERTY r- te `' r" - -z r o 9 10 TO: SANDRA E. GOSSERT JOHN O. GOSSERT, III ? 1040 MUD LEVEL ROAD A/K/A JOHN O. GOSSERT- e 4 N SHIPPENSBURG, PA 17257-9781 1040 MUD LEVEL ROAD ? , ,,? yh? SHIPPENSBURG, PA 17257-"81" "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257-9781 is scheduled to be sold at the Sheriffs Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $273,710.78 obtained by FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe 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 tfie value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened. you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT "AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2009-01504 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Pennsylvania, being (Municipality) 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257-9781 Parcel No. 39-12-0318-059, (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $273,710.78 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Township Road Route 305 known as Mud Level Road at corner of lands now or formerly of Phares W. and anna M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along the same North 50 degrees 1 minute 18 seconds East 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 feet to a set railroad spike at corner of Township Road Route 305 and land now or formerly of Glenn O. Fogelsanger; thence along same South 10 degrees 8 minutes 9 seconds West 1419.64 feet to a set iron pin; thence along same South 39 degrees 13 minutes 52 seconds West 102.84 feet to a set iron pin; thence along same South 53 degrees 11 minutes 47 seconds West 155.04 feet to a set iron pin; thence along same South 82 degrees 44 minutes 57 seconds West 125.76 feet to a set iron pin; thence along same North 71 degrees 26 minutes 15 seconds West 95.75 feet to a set concrete monument at corner of land now or formerly of Glenn O. Fogelsanger and land now or formerly of Phares W. and Anna M. Nolt; thence along land now or formerly of Phares W. and Anna M. Nolt North 18 degrees 33 minutes 45 seconds East 54.84 feet to a set iron pin; thence along same North 56 degrees 00 minutes 10 seconds West 839.52 feet to the point and place of BEGINNING. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above described premises. BEING designated as Lot No. 3 as shown on survey prepared by John R. Kissinger dated December 16, 1994, recorded in Cumberland County Pennsylvania Plan Book 69, page 108. TITLE TO SAID PREMISES IS VESTED IN Sandra E. Gossert and John O. Gossert, h/w, by Deed from Sandra E. Gossert, individually, dated 09/28/2005, recorded 10/04/2005 in Book 271, Page 1400. PREMISES BEING: 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257-9781 PARCEL NO. 39-12-0318-059,39000327 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1504 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From SANDRA E. GOSSERT AND JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT (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 $273,710.78 L.L. $.50 Interest FROM 3/6/2009 TO DATE OF SALE ($44.51 PER DIEM) - $32,358.77 Atty's Comm % Atty Paid $167.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: DECEMBER 1, 2010 (Seal) REQUESTING PARTY: David D. Buell, Prothonotary B Deputy Name MICHELE M. BRADFORD, ESQ. Address: PHELAN HALLINAN & SCHMIEG, L L P 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants ATTORNEY FOR PLAINTIFF c-Z ,?,, ca m a ' r oc Xro aR?Y? x-- fi Court of Common Pleas Civil Division CUMBERLAND County No.: 2009-01504 PLAINTIFF'S MOTION TO REASSESS DAMAGES 198735 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 11, 2009. 2. Judgment was entered on November 24, 2010 in the amount of $280,253.75. True and correct copies of the summary judgment and the praecipe for judgment are attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $256,381.85 Interest Through March 2, 2011 $45,437.51 Per Diem $43.90 Late Charges $320.16 Legal fees $1,300.00 Cost of Suit and Title $636.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $187.00 Appraisal/Brokers Price Opinion $90.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $10,779.14 TOTAL $315,132.16 198735 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 8, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 198735 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: I7,1 1S(aO By: gt'aiwrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ek?Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN Court of Common Pleas CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL Civil Division ASSOCIATION Plaintiff CUMBERLAND County V. No.: 2009-01504 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 198735 I. BACKGROUND OF CASE SANDRA E. GOSSERT and JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 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 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257-9781. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 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 198735 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. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 198735 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 198735 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 198735 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. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 198735 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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. 198735 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: k ?'- b sl [ 0 By: ?-- awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 198735 49 Exhibit "A" 198735 `FILED-0FF1CE °OF THE PROTHONOTARY 2010 DEC - I PM 12: €3 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Janis Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT ATT0R NEY F; L'E PY PLEAS E 7?.'TURN Attorney for Plaintiff ?Ij CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2009-01504 198735 PRAECIPE TO ASSESS DAMAGES PURSUANT TO COURT ORDER TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against SANDRA E. GOSSERT, and JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT, Defendant(s) in accordance with the Court's Order dated July 30, 2009. As set forth in the Court's Order $273,710.78 Interest - 03/06/2009 to 07/30/2009 $6,542.97 TOTAL LJ L` Tw-rence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 R]Alison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: It -Lp PHS # 198735 PROTHONOTARY CC: BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT STREET PITTSBURGH, PA 15206 .tgv--13*s- 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Horizon Home Loan Corporation, a Division of First Tennessee Bank National Association 4000 Horizon Way 11-mig, TX 75063 . Plaintiff VS. Sandra E. Gossert John 0. Gossert, III aWa John O. Gossert 1040 Mud Level Road Shippensburg, PA 17257-9781 Defendants Court of Common Pleas : Civil Division : Cumberland County : No. 2009-01504 ORDER AND NOW, this day of 2009 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendants, Sandra E. Gossert and John O. Gossert, III a/k/a John O. Gossert, for $273,710.78 plus interest from March 6, 2009 at the rate of $44.51 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: W i? Exhibit "B" 198735 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 8, 2010 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 RE: FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. SANDRA E. GOSSERT and JOHN O. GOSSERT, III, A/K/A JOHN O. GOSSERT Premises Address: 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 2009-01504 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly ours, a ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire .198735 Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquires Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure 198735 7D 00 W ° CA P w N .~-• O "D 00 J 01 111 A W N -. t-+ n E . r z CD n. m ?° x x x x a 7 ' 0000 0000 0000 oo0 w w w w z (A U t a' N ?z bz y y yz v bz v ? ?? b z ? b "" ? a o a zo xo az r ?z az ?, Ul ?y o c ono ., ?- cc Pso P ? N ? mss ®? ? O , PITNEY aovw5 . rj 02 1M $ 01.68° y ' 0004277256 DE:C08 2010 a M AILED FROM ZIP C ODE 19 10 3 0?c, <D 0 0 y ° rv 8 H V ? c a k. 3.?. w r c x [? ti 9 ° o = n oo ? n , _ E3 r S r ?o 3 .oa O a °' v N ° o' n a ° Fr V1 '-? o ti a 3= W " ? ? N ? j W 0 . y l - ? N 7 ? y 3 ? O ? M n' ay_?'o B N a "C m ? c ? O ? rv ? c w fD ° w 3 r c ? ? S ? rn n y n. o' ? g N ?. 5 O H F ? N O s ? d ? c3 . ee ? A y `? 0 CD C CD CD Ko c °o It x rn a z r r a z n x r? r r b Y ? VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: I -Z- / (f r1l CV By: •?JTLawrence 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 ,)0 Courtenay R. Dunn, Esq., Id. No. 206779 / ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN Court of Common Pleas CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL Civil Division ASSOCIATION Plaintiff CUMBERLAND County V. No.: 2009-01504 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants CERTIFICATION OF SERVICE 198735 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. SANDRA E. GOSSERT SANDRA E. GOSSERT JOHN O. GOSSERT, III JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT A/K/A JOHN O. GOSSERT 1040 MUD LEVEL ROAD 118 NORTH ORCHARD STREET SHIPPENSBURG, PA 17257-9781 WATERTOWN, NY 13601 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1030 MUD LEVEL ROAD T 305 SHIPPENSBURG, PA 17257 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 Phelan Hallinan & Schmieg, LLP DATE: 1Z r 5'"/r © By: ElTawrence 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 e'U Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 5 I~ ILED-CFFIC O TIME RRO3'HONO ii? t 2010 DEr. 21 PM 12:4 7 CUMBERLAND COUNTY PENNSYLVANIA DEC 202010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 2009-01504 tr RULE AND NOW this p day of AW;1^2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. B E CO RT Co l iF S- „1? c ( Z/.l 1// 0 J. -='-1V) 198735 PLAINTIFF AFFIDAVIT OFSERVICE (FNMA) FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL ASSOCIATION PHS # 198735 DEFENDANT SERVICE TEAM/ kxc SANDRA E. GOSSERT COURT NO.: 2009-01504 JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT SERVE JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT AT: TYPE OF ACTION 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 SALE SA Notice DATE: Sheri03/02/ffs Sale 2011 SERVED ;"rz cc }tea Served and made known to JOHN O. GOSSERT III , Defendant on the 3 0 day of 7?2 o'clock _p. M., at It 4 u p 1546V . ,. €$, 20 l Defendant personally served. 5,11 EN3 in the manner described below: y Ply 6t10_G, p4j Adult family member with whom Defendant(s) reside(s). Relationship is W E. . - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. - Other: ?l IV ? V c) I Description: Age - !qb Height Ste" Weight /56Race W Sex ? Other 1° L (- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 13 hYd day of 20c) o KIMBERLY CURTY NOTARY PUBLIC. Notar Y* I STA'f E OF AgW ERSEY NOT SERVED MY COMMISSION E%FIRFS MARCH 7, 2013 On th a , 20-, at _ o'clock _. M., Defendant NOT FOUND because: _ Does Not Exist - Moved _ Does Not Reside (Not Vacant) - No Answer on at at - Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. HalBnen, Fsq, Id. No. 62695 Daniel G. Sdunie8, Esq, Id. No. 62205 Mkhde M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Junl, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren P- Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. N. M657 Peter J. Mukahy, Esq., Id. No. 61791 Andrew L. Spivaeh, N. Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Amlraw C. Brambktl, Esq., Id. No. 208375 16x17 John F. Kennedy lvrd., Suiitte111400 Philadelphia, PA 19103.1814 (215) 563-7000 PLAINTIFF AFFIDAVIT OFSERVICE (FNMA) FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL ASSOCIATION PHS # 198735 DEFENDANT SANDRA E. GOSSERT SERVICE TEAM/ kxc ' - JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT COURT N6 SERVE SANDRA E. GOSSERT AT: 1040 MUD LEVEL ROAD TYPE OF ACTION SHIPPENSBURG, PA 17257-9781 Notice Sheriff's Sale E SALE SA DATE: 03/0212011 c? C"s N ?.t 1° OLj'±1-'A Mb t-L a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Cls? -a_ the Sad day of , 20 1c) , at manner described below: s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. - Other: Description: Age Height ,5,. Weight 157 D Race V Sex F Other SERVED Served and made known to SANDRA E. GOSSERT , Defendant on o'clock k. M., at,. w ub ?P'P15e;4"j in the Defendant personally served. SI>}IS 8u¢`t 1 A - Adult family member with whom Defendant(s) reside( en ant NOT FOUND because: No scant Answer on _ Does Not Exist _ Moved Does Not Reside (Not Vacant) at _-; at _ Service Refused Other: Not ; ARY PUBLIC -By: STATE OF NEW JERSEY NOT SERVED MY COMMISSION EXPIRES MARCH 7, 2013 On t da 20-, at o'clock M Dec d .-.1 -°i ? -r} Sworn to and subscribed before me this 3Rd day of?_, 20L. ItIR9RLRLY CURTY NOT Sworn to and subscribed before me this day of - I By: Notary: ATTORNEY FOR PLAEVrW Lawrence T. Phelan, Fsq, Id. No. 32227 F., S. IlalYnan, Esq, Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Fag, Id. No. 58745 Sheetal R. Shah-Jmi, Esq., Id. No. 81760 Jenine P- Davey, Esq., Id. No. 87077 Lauren R. Tobas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. SM57 Peter J. Muknhy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 89439 Jaime McGuinness, Esq, Id. No. 90134 Chrisuvalante P. FSskos, Esq., Id. No. 94620 Joshua I. Goldman, Fsq., Id. No. 205047 Courtenay R. Dunn, Esq, Id. No. 206779 Andrew C. Brambldt, Fsq., Id. No. 208375 617 JoPft hn F Kennedy Bmlvdd., Suiitte` 14oo Philadelphia, PA 19103-1814 (215) 563-7000 P1Lfjo-GFF1CE OF THE PROTHONOTARY 2010 DEC 29 AM 10: 14 CUM PBEERLANNSYNDLVANIA COUNTY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN Court of Common Pleas CORPORATION, A DIVISION OF FIRST ; TENNESSEE BANK NATIONAL Civil Division ASSOCIATION Plaintiff CUMBERLAND County V. No.: 2009-01504 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants CERTIFICATION OF SERVICE 198735 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individuals on the date indicated below. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1030 MUD LEVEL ROAD T 305 SHIPPENSBURG, PA 17257 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 DATE: SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 118 NORTH ORCHARD STREET WATERTOWN, NY 13601 Phelan Hallinan & Sq+dpieg, LLP By: 0 a ence T. Phelan, Esy, Id. No. 32227 cis S. Hallinan, Esc(, Id. No. 62695 ? D Niel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 MEgpOHON? ARf 20 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No.: 2009-01504 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants MOTION TO MAKE RULE ABSOLUTE 198735 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 16, 2010. 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 Defendants on December 8, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff's letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Court on or about December 21, 2010 directing the Defendants 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 "B". The Rule to Show Cause was timely served upon all parties on December 28, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011 . 198735 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: By: )hA jx-?V awrence T. e , Esq., . 32227 ? gEancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN Court of Common Pleas CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL Civil Division ASSOCIATION Plaintiff CUMBERLAND County V. No.: 2009-01504 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 198735 A Motion to Reassess Damages was filed with the Court on December 16, 2010. A Rule was entered by the Court on or about December 21, 2010 directing the Defendants 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 December 28, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011. 198735 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Hallinan & Schmieg, LLP DATE: By: LU*rencd T. Phelan, Esq., Id. No. 32227 ? Fr?rfieisG. ciS. Hallinan, Esq., Id. No. 62695 ? Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 Exhibit "A" 198735 O O m a? J W O A d ? ,n o0 Qao aa a xU Z ? a ?oa c e A h ? b U zac T4 ? z g u 4 rz 99 6 E u u ? E •n u a U C p ? E .s H b O ? U -N' U b O k y W •p iy7 JS Ov?? v O N G i< C w A y ??'A CL T N C C? U W C C p W VJ ' rl C o l p O O N $ 2 m E ri J 4 Y F' ?i `? C u g u n w P 4-1 C G a v? ww ? q N ?^ w C N F eon F w F wa. w? o ?a b ox o- d O? ?? d w? wp oo ?m o0 Z w 9w z0. w zF, d z0. z Y - z w w ) (A a z M ? M ? M ? M a? 0 0 O? 0 0 O? 0 0 O? 000 O+ c fA (n ro a, a a a. A v z ~' I (U G -1 - N ? t n W h 0 N CD 'Ir M 00 O? Y PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 8, 2010 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOAN O. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 RE: FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. SANDRA E. GOSSERT and JOHN O. GOSSERT, III, A/K/A JOHN O. GOSSERT Premises Address: 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 2009-01504 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 13, 2010. Should you have fiirther questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trUly ours, a ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire 198735 Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Courtenay R. Dunn, Esquires Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure 198735 Exhibit "B" 198735 DEC 2 0 201x? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST HORIZON HOME LOAN. CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION' Plaintiff V. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOAN O. GOSSER"1:' Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 2009-01504 RULE A AND NOW, this day of V__2010, a Rule is entered upon the :Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 198735 l Exhibit "C" 198735 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC ?.9 Al l() 1 ? CUt°?Q P? , Sl'LVA?aI?,%1 Y Phelan Hallinan & Schmieg, LLP ON By: Lawrence T. Phelan, Esq., I ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq Daniel G. Schmieg, Esq. 05 Michele M. Bradford, Esq., d. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 b Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN Court of Common Pleas CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL Civil Division ASSOCIATION Plaintiff CUMBERLAND County V. No.: 2009-01504 SANDRA E. GOSSERT k JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants CERTIFICATION OF SERVICE 198735 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individuals on the date indicated below. SANDRA E. GOSSERT JOHN O. GOSSER iI A/K/A JOHN O. G 1040 MUD LEVEL R SHIPPENSBURG, PA 17257-9781 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1030 MUD LEVEL ROAD T 305 SHIPPENSBURG, PA 17257 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST: PITTSBURGH, PA 15206 DATE: 1O S I'0 SANDRA E. GOSSERT JOHN O. GOSSERT, III 14th' A/K/A JOHN O. GOSSERT 118 NORTH ORCHARD STREET WATERTOWN, NY 13601 Phelan Hallinan & Syhs?aieg, LLP By: lvl/ _ a vrence T. Phelan, Es ., Id. No. 32227 ? cis S. Hallinan, E., Id. No. 62695 ? D iel 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 Jenne 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. liakos, Esq., Id. No. 94620 ?rJoa*T°`'&Esq., Id. No. 205047 ourtenay R:13uim, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Hallinan & Schmieg, LLP DATE: By: - / III lu ?LA ence T. Phelan, Esq., Id. No. 3222-37 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? Pamel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id.. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2009-01504 198735 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. SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1030 MUD LEVEL ROAD T 305 SHIPPENSBURG, PA 17257 BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 DATE: By: SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 118 NORTH ORCHARD STREET WATERTOWN, NY 13601 Hallinan & Schmieg, LLP ? La jnce-'. Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 198735 r? FILED-OFFICE' TH..CAIN 18 P t I 1 3 5? w PEN? ,`SYLVA!I ?. . rv IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOAN Court of Common Pleas CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL Civil Division ASSOCIATION Plaintiff CUMBERLAND County V. No.: 2009-01504 SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendants ORDER AND NOW, this day of "Ar 11, upon consideration of Plaintiff s 11 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 Interest Through March 2, 2011 Per Diem $43.90 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs $256,381.85 $45,437.51 $320.16 $1,300.00 $636.50 $0.00 198735 Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $187.00 $90.00 $0.00 $0.00 ($0.00) $10,779.14 $315,132.16 Plus interest from March 2, 2011 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. B T J. 198735 '4)-ej n f W11nap + Gdmmon led Mdra E . Goseer+ 3 1es ? * ,6n 0. Gossert aka..9ohn 0. Go5wr4 ? ?' l 1g1i1 Arian 'j. 86a.sdoAe - &n i 198735 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, v SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendant(s) CUMBERLAND COUNTY. COURT OF COMMON PLE9 CIVIL DIVISION No.: 2009-01504 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, et forth a Affidavit and as amended if applicable. A copy of the Certificate of Mailin (Form 8 and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is ache reto Ezhibit 4A". _ J/-3i I,) Date: L"Tence 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 ? Sfie?etal R. Shah-Jani, Esq., Id. No. 81760 enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 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. PHS # 198735 r a U. C M C a F C jo 2 EE 0 r 0. ?ao[w c O y '=COV•- =x c ° .? ?o c s a.-.Oa t i.. ld N •? E Lp V7 z¢a ° g- 201 B l 3000dIZ WOSA 031IVW { I^? OL OZ ZOAON 99ZL LZ4000 WL z0 gg u, 9 9190$ e 0 ?.?.. .s Soo b o O @S•`- c O X •C O 'n C ? E .a. ? E 3 ? 09 e°o ?.E o w ?._ ?o P O ??tia Y r. C_N n G v 1X ? F e v ? u E.n 9 ? Y P - = x N u &P ix h ,O O E ° v ?-, a q x L u A Y _ O to 4 ?C E LLJ ?O 'fl T u V> a? ? p? d O . ue o B 'u -0 v a. C4 w a? e ° u y ° ° a v ' ?O z a a d ° ' 4 y °L' o a m = 00 '0 d y F' ' 3 L 1 0 in w d ? L - C6 40.1 N yy ?N f ??C o LL ,a y o o N a ea • v _ _° O q pw r. C p L. fn 4. W [? n C N ° ?"' a+ C ?. N O O W O G .O Uwq aU a'„ ?. 0 0. V a0a r A'Or?na• O?V10. -'o y ^ a 0 + a < izU) 0 ct z F., d e as a x a - ,o 3 y N + pG y : f sC• '_ no t o g? r W O 3 .. L w , 00 a°i o 00 0 ° `•- O d z w 06, a L, t +3 t+ ?.? o= C x 7 p p y E oo._ r 1i O a? O. O g V t, W R y qa L 3 ._ m O s.am o C O O °' Coo N f N x 7 E ai °? m X t 0 .. c w ru aa z A- b- w E E z C o e ea E a ? ° 0C VO g ° ? vivi?o o e3 0? E s. o os d L aR,o,O z ? oC AFa= e W .O E U Q ? ° nT S 'v E 3 z C ... N M tf) ?p o0 en V _ ° H C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ti5t y, uj' ?" Ifllbgj '111C'l` THIE FILED-OFFICE OTNONu N-kR ' 2011 JUL -5 PM 2: 12 CUMBERLAND CGUNTY PENNSYLVANIA First Horizon Home t.oan Corporation vs. Sandra E. Gossert (4t al.) Case Number 2009-1504 SHERIFF'S RETURN OF SERVICE 12/29/2010 06:10 P - Deputy Robert Bitner, being duly sworn according to law, states service was performed by posting true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon th property located at 1040 Mud Level Road, Shippensburg, PA 17257, Cumberland County. 12/29/2010 06:10 P - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Sandra E. Goss rt at 1040 Mud Level Road, South Hampton Township, Shippensburg, PA 17257, Cumberland County. 12/29/2010 06:10 P - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personal y handing a true copy to a person representing themselves to be the Defendant, to wit: John 0. Gossert II at 1040 Mud Level Road, South Hampton Township, Shippensburg, PA 17257, Cumberland County. 02/25/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 04/27/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/01/2011 Ronny RjAnderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per lette of instruction from Attorney. SHERIFF COST: $711.90 July 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF . SZ> Z L 04J. v FIRST+11ORIZON. HOME LOAN CORPORATION, A COURT OF COMMON PLEAS DIVISION (SF FIRST TENNESSEE 13ANK NATIONAL ASStWIATION CIVIL DIVISION Plaintiff NO.: 2009-01504 SANDRA E. GOS 'ERT CUMBERLAND COUNTY JOHN O. GOSSE T, III A/K/A JOHN O. GOSSERT Defendant(s) PHS # 198735 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORI ON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaint f' in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution Nvas tiled, the following i lformation concerning the real property located at 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257- 9781. I I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SANDRA E. IOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 JOHN O. GO SERT, III A/K/A .JOHN GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 2. Name and addr ss of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAM I' AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and adds of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OC(UPANT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 Domestic Rela ions of 13 North Hanover Street Cumberland C ounty Carlisle, PA 17013 Commonwealt i of Pennsylvania P.O. Box 2675 Department o Welfare Harrisburg, PA 17105 Internal Bever ue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Departme nt of Justice Federal Building, P.O. Box 11754 U.S. Attorney 'or the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 Sandra E. Cos. ert & John O. Gossert, III. 931 Chislett Street A/K/A John O. Gossert Pittsburgh, PA 15206 C/o: Brian J. leasdale, Esquire Common)vealt) of Pennsylvania 6'r' Floor, Strawberry Sq., Dept 280601 Bureau of Indi idual Tax Harrisburg, PA 17128 Inheritance Ta I Division Department of Public Welfare P.O. Box 8486 TPI, Casualty Unit Willow Oak Building Estate Recover y Program Harrisburg, PA 17105 I verify that t he statements made in this affidavit are true and correct to the best of my personal knowledge or inform ation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 49 04 relating to unsworn falsificatiot to authorities. October 30. 2010 13y: * - Atto e tif V Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO.: 2009-01504 VS. SANDRA E. GOSS 'RT JOHN O. GOSSER , III A/K/A JOHN O i GOSSERT Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SANDRA E. OSSERT 1040 MUD L VEL ROAD SHIPPENSB RG, PA 17257-•9781 ?I JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT 1040 MUD LEVEL ROAD SHIPPENSBURG, PA 17257-9781 "THIS FIRM IS A D BT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL 13E USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AN SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257-9781 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $273,710.78 obtained by FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (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 A13LIT TO PREVENT THIS SI11 'S SALE To prevent this Sherii'I's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's ees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may b able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was in ?1 properly 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 s ]c. (See notice on page two on how to obtain an attorney.) YOU MAY STILL B? ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE Pi.A(,F_ 1. If the Sheriff's Sale is hot stopped,, your property will be sold to the highest bidder. You may find out the price bid by calling 2 5-563-7000. 2. You may be able tj) petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your p *operty. 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 m y call 215-563-7000. 4. If the amount due rom the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happen d. 5. You have the righI to remain in the property until the frill amount due is paid to the Sheriff and the Sheriff gives a deed to the bt yer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of them ney bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule un ess exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days I fter the filing of the proposed schedule. 7. You n-iay also hav? other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TA E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a'Writ of Execution NO. 2009-01504 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSE, BANK NATIONAL ASSOCIATION vs. SANDRA E. OSSERT JOHN O. G SSERT, III A/K/A JOHN O. GOSSERT owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland County, Penn ylvania, being (Municipality) 1040 MUD LEVEL ROAD SHIPPENSBURG PA 17257- Parcel No. 3 -12-0318-059, (Acreage or sheet address) lmprovement?, thereon: RESIDENTIAL DWELLING JUDGMENTIAMOUNT: $273,710.78 Phelan Hallinai & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 PI?.iladelphia, P 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in the Township of Southampton, County of Cumberland an Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the Township Road Route 305 known as Mud Level Road at corner of lands now or formerly of hares W. and anna M. Nolt; thence along Township Road Route 305 North 34 degrees 4 minutes 51 seconds East 178.20 feet to a set railroad spike; thence along the same North 50 degrees 1 minute 18 seconds Eas 877.46 feet to a set railroad spike; thence along same North 60 degrees 5 minutes 21 seconds East 647.04 fee to a set railroad spike at corner of Township Road Route 305 and land now or formerly of Glenn O. Fogel anger; thence along same South 10 degrees 8 minutes 9 seconds West 1419.64 feet to a set iron pin; thence along same South 39 degrees 13 minutes 52 seconds West 102.84 feet to a set iron pin; thence along sane South 53 degrees 11 minutes 47 seconds West 155.04 feet to a set iron pin; thence along same South 82 egrees 44 minutes 57 seconds West 125.76 feet to a set iron pin; thence along same North 71 degrees 26 min rtes 15 seconds West 95.75 feet to a set concrete monument at corner of land now or formerly of G lean O. Fo 7elsanger and land now or formerly of Phares W. and Anna M. Nolt; thence along land now or formerly of Ph, res W. and Anna Nt. Nolt North 18 degrees 33 minutes 45 seconds East 54.84 feet to a set iron pin; thence along same North 56 degrees 00 minutes 10 seconds West 839.52 feet to the point and place of BEGINNIN ;. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above described premises. BEING designated as Lot No. 3 as shown on survey prepared by John R. Kissinger dated December 16, 1994, recorded in Cumberland County Pennsylvania Plan Book 69, page 108. T1TI,E TO SAID PREMISES IS VESTED IN Sandra E. Gossert and John O. Gossert, h/w, by Deed from Sandra E. Gos ert, individually, dated 09/28/2005, recorded 10/04/2005 in Book 271, Page 1400. PREMISES BRING: 1040 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257-9781 PARCEL NO. ? 9-12-0318-059, 39000327 WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1504 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To sat sfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, A DIVISIO OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From SANDRA E. GOSSERT AND JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT (1) You a e 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 GARNISdEE(S) as follows: and to not' the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying an, debt to or for the account of the defendant (s) and fromdelivering any property of the defendant (s) or otherwise disposing thereof, (3) If pr perty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone ther than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee nd is enjoined as above stated. Amount ue $273,710.78 L.L. $.50 Interest F OM 3/6/2009 TO DATE OF SALE ($44.51 PER DIEM) - $32,358.77 Atty's Co m % Due Prothy $2.00 Atty Paid $167.00 Other Costs Plaintiff P?id Date: DE?EMBER 1, 2010 David D. Buell, Prothonotary I (Seal) B Deputy REQUESTING PARTY: Name MICHELE M. BRADFORD, ESQ. Address: HELAN HALLINAN & SCHMIEG, L L P 617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney or: PLAINTIFF Telephon : 215-563-7000 Supreme ?ourt ID No. 69849 TRITE COPY FROM RECORD In Testimony whereof, t here unto sat my hand and the seal of said -4rt at Carlisle, Pa. This day of Protho li On December 2, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 1040 Mud Level Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 2, 2010 By: Rea hatIo.r . inator it PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMON EALTH OF PENNSYLVANIA ss. COUNTY F 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 f r the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, February 4, and February 11, 2011 Affi nt further deposes that he is authorized to verify this statement by the Cumberland Law Journa , 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. SWORN'TO AND SUBSCRIBED before me this 11 da of February,2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 4 CUMBERLAND LAW JOURNAL Writ No. 12009-1504 Civil First orizon Home Lo Corporation VS. San ra E. Gossert John O. Gossert III Atty.: Daniel G. Schmieg By virtue f a Writ of Execution NO. 2009-01 04, FIRST HORIZON HOME LOA CORPORATION, A DIVISION O FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. SANDRA E. OSSERT, JOHN O. GOSSERT, III A/K/A JOHN O. GOS- SERT, owner( ) of property situate in the TOWNSHIP OF SOUTHAMPTON, Cumberland ounty, Pennsylvania., being 1040 MUD LEVEL ROAD, SHIPPENSB G, PA 17257-9781. Parcel No. 39-12-0318-059, 39000327. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $273,710- .78. 22 ._,111 The Patriot-News Co. 2020 TechnoIogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERL,?ND COUNTY COURT HOUSE CARLISLE Holly Blain, being Iduly sworn according to law, deposes and says: PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 19 ::3 Commonwealth of Pennsylvania, County of Dauf f in; ss That she is a Sta Commonwealth of Penns Township of Hampden, C Patriot-News newspaper: aforesaid; that The Patrio respectively, and all have That the printed r daily and/or Sunday/ Corr Company is interested in to the time, place and chi That she has per behalf of The Patriot-Neon stockholders and board e in and for said County of Accountant of The Patriot News Co., a corporation organi2 : d ? ind exi; tii ig under the laws c f the Ivania, with its principal office and place of business at 2021, TE chnoloi ly Pkwy, Suite 300, in the ?unty of Cumberland, State of Pennsylvania, owner and put sh ?r of Tt e Patriot-NE?ws and The Sunday of general circulation, printed and published at 1900 Patriot I:)ri, "e, in & 3 amity, County and State -News and The Sunday Patriot-News were established Mar ;,i 4th, 185 t, and Sept:mber 181h 1949, been continuously published ever since; otice or publication which is securely attached hereto is exa.:ly 3s print ?(: and published in t-ieir regular munity Weekly editions which appeared on the date(s) indic ;tec' below -hat neither she nor said he subject matter of said printed notice or advertising, and t -at 311 of th : (legation 3 of this slalement as racter of publication are true; and onal knowledge of the facts aforesaid and is duly authorizes J and empc w,3red to vE rify this s:atement on 3 Co. aforesaid by virtue and pursuant to a resolution unanir-ou 31y pas e1 and adc pted severally by the directors of the said Company and subsequently duly recorded in the i fice for the Recording of Deeds )auphin in Miscellaneous Book "M", Volume 14, Page 317. E ; e atr ot'?1 flU5 No?A' you I'`;now PUBLICATION CONY ?Mi-'f?i t?17r ". C"llillwal vo AW. 1 jl Stern 13Y *W 0 of a Wdt of 1xemwil FIRST HORIZON HOME CORPORATION, A DIMS( FIRST 7ENKMEE BANK N1 ASSOCL4TION vs. SANDRA E. G06SERT JOHN O.OWERT III AX/A GOSSERT ftate TOWNSHIP OF U'H A Cumll cowtty,.Aenmrytvans (Municipaw) 1040 MUD LEVEL SHIPPIINSBURG, PA 17257-978: Pamd No. 39-12-0318-059,30M (Acreage or out ad&m) tLereon: RESID DWELLEW JUDGMENT AMOUNT $273.71 This ad Iran on the date(s) shown below: 1128/11 hn 214/11 2111/11 i. 2009: ~' LOAN Sworn to, nd ubscribed before me this 22 d a (lf Febn. a y, 2011 A. D. t OF i'- DNAL 10, Notary Public in the [PION COMMONWEALTH OF PUIMSYLVANIli , being Notarial Seam Sherrie L Kisner, Notmy Riblic ROAD, Lower Paxton Twp., Dau phin county My Commisslon r:x0res Ncv. 26, 2011 _ 1 Member, Pennsylvania Association of Notark s 78 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza FILED-OFFICE Philadelphia, PA 19103 THE PROTHOWTAII 215-563-7000 uo 1111121 AM 10:44 FIRST HORIZON HOME LJftY)M9,' A ?ourt of Common Pleas DIVISION OF FIRST TENN MAX NATIONAL ASSOCIATION ?- Civil Division Plaintiff , CUMBERLAND County vs No. 2009-01504 SANDRA E. GOSSERT . JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendant TO THE PROTHONOTARY: PRAECIPE Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHELAN SCHMIEG, LLP Byaz? PHELAN, HALLINAN & SCHMIEG, LLP Attorneys for Plai if Printed Name: air Bar Id. No. PHS# 198735 Attorneys for Plaint ?Ilu't?144 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL Court of Common Pleas ASSOCIATION Plaintiff vs SANDRA E. GOSSERT JOHN O. GOSSERT, III A/K/A JOHN O. GOSSERT Defendant Civil Division CUMBERLAND County No. 2009-01504 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: BRIAN J. BLEASDALE, ESQUIRE 931 CHISLETT ST. PITTSBURGH, PA 15206 Date: 12 By: PHEL LIN & SCHMIEG, LLP PHELAN, HALLINAN & SCHMIEG, LLP AN dt/ Attorneys fAttomey Printed NamBar Id. No. *P11aamnin.