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HomeMy WebLinkAbout09-2371The Martin Law Firm, P.C. Jason B. Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 Plaintiff, VS. JOHN METRO 2930 Columbia Avenue Camp Hill, PA 17011 Defendant COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: Qq _a3ll &"itTv* CIVIL ACTION: LAW 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 with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 The Martin Law Firm, P.C. By:"?' Jason B. Martin, Esq ire The Martin Law Firm, P.C. Jason B. Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 Plaintiff, COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: CIVIL ACTION: LAW vs. JOHN METRO 2930 Columbia Avenue Camp Hill, PA 17011 Defendant CIVIL ACTION - COMPLAINT Plaintiff, First Horizon Home Loan Corporation, by its attorney, Jason B. Martin, Esquire, hereby avers as follows: 1. Plaintiff is First Horizon Home Loan Corporation, (hereinafter "First Horizon" or "Plaintiff') a corporation organized and existing under the laws of the United States with a principal place of business at 6522 Chapman Highway, Knoxville, TN 37920. 2. Defendant John Metro is an adult individual who, upon information and belief, resides at 2930 Columbia Avenue, Camp Hill, Pennsylvania, Cumberland County, 17011. 3. Venue in this Court is proper in that the defendant resides in Cumberland County. 4. Defendant obtained a home equity line of credit from Plaintiff with a credit limit of $19,000.00. 5. The terms of the loan are evidenced by a Credit Agreement ("Agreement"). The Agreement is attached hereto as Exhibit "A" and incorporated herein. 6. Defendant promised to pay borrowed amounts per the terms of the Agreement plus any and all fees and interest due and owing under the Agreement and all other charges. 7. Per the Agreement, Plaintiff, at its option, elected to accelerate payment for the entire indebtedness, since Defendant failed to make the necessary payments on the loan. 8. Defendant failed to pay the entire indebtedness, plus interest, fees and costs. 9. At all relevant times, Plaintiff fulfilled its obligations under the Contract. COUNTI BREACH OF CONTRACT 10. Paragraphs 1 to 9 above are incorporated herein by reference. 11. Defendant's failure and refusal to pay Plaintiff is a breach of the Agreement. 12. The total outstanding principal and interest is $21,344.94 as of January 26, 2009. 13. As a result of the breach, Plaintiff is entitled to full payment of the principal plus interest which continues to accrue at the rate of 9.25%. WHEREFORE, Plaintiff prays for a judgment against the Defendant in the amount of $21,344.94 plus interest at the rate of 9.25%, costs and reasonable attorney fees, and for such other and further relief as the Court deems just and appropriate. COUNT II UNJUST ENRICHMENT 14. Paragraphs 1 to 13 above are incorporated herein by reference. 15. Defendant has requested, accepted and has benefited from the services provided by Plaintiff. Defendant has therefore been unjustly enriched by his failure and refusal to pay for the services provided by Plaintiff. 16. Retention of this benefit is unjust and inequitable and Plaintiff has suffered damages as a direct and proximate result of the actions of the Defendant. WHEREFORE, Plaintiff prays for a judgment against the Defendant in the amount of $21,344.94 plus interest at the rate of 9.25%, costs and reasonable attorney fees, and for such other and further relief as the Court deems just and appropriate. The Martin Law Firm, P.C. By: Jas n Martin, squire Attorney for Plaintiff y_9-01 VERIFICATION 1, state that I am the f?' ,cam-;' /I ;Q- of First Horizon Home Loan Corporation, the Plaintiff herein, that I am authorized to make this verification on its behalf and that the facts set forth in the foregoing Complaint are true upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. § 4904 Providing for criminal penalties for unworn Dated: A 0041067711 PENNSYLVANIA ROME EQUITY LINE OF CREDIT AGREESUM AND DISCLOSURES UNDER THE FEDERAL TRiTTB•IIV-LENDING ACT THIS AGREEMENT COVERS OPEN-END LOANS PURSUANT To TEEE pgNNgyi,VANIA SECONDARY MORTGAGE LOAN ACT. THIS AGREEhv M. catered on Oe 3rd day of January, 7003 binding contract betwee11 Ilse parties siiPdng below. The A ( also disclosures Date's is a gag it with Y? promissory now and also rOwW by the federal Truthyln-[.ending Act. Please read all of it and keep it th your permanent records. in this our, and Lender mcan FIRST R0RIg= UM LOAN ODRPONATIWt ABA' the wards we, us, a M WAS corporation. The words you. your, and Borrower than the Borrower or Borrower who have sued this Agreement. Jointly and sevensUy. The words card or credit card mean VISA Cud. Provisions rdatim to credit cards apply only if credit cards are issued on your Account. 1. TOM The "Term" of this Agreement eommenou on the Effective Date and eonisia of two consecutive period,. the "Draw Period* and Weed- Datei the "Repayment Mod., no leagdh of each period shelf be a dcdVw a in parogreph 11. The Draw period boom on the RsWymm Period bogie the day after the Draw Paned ends. 2. Credit Line and Advances. S*scl to die I, an and emdidons of this Agreement, which you prawn to follow, we are comentted during the Dnw Period to meta loans to you sad allow you to write checks ("Check Advaees), toalta credit card purchases ("Credit Card Advancell and obtain cash advances ("Cub Advama7, (cumulatively referred to as "Advances'), and acres the line of credit Aceeaot (your "Credit Lice" or 'Account-) by debit card, check. wire transfer Of telephone the total principal balance outstanding at any one time not to award the amt stated in Pategnph 11. which IS your 'Credit Ludt.- Advaom am obtained Credit Line through one of thane methods. For Credit Cud Advance, your acrd act will accessing your fa We rot it you, to PreP1111 • sales; draft Y buy or aaastet atehptente of than draft, and agn11ooeate. and we may make Cash Advances es directly or to retail you chap obtain Cash Advance, d Btt11t+gh )ioaury 3026 or other automated tiller uhaeldaes approved by us. You promhhss that the e wed Warne of Advances will mat cawed year Credit Limit. If we approve or porrdt any usnuadoa(a) in excess of your Crank Limit. you agree to pay such a@= an demand. 3. No Advances During Ropaysent Period. You will not obtain Advances during the Repaytnem Period. We may dishonor any credit cud transaction. check or other requo for Advance; prnam11d to w after &a Draw Period., however. we nay honor such transactions in mar discration if they appear to us to have been made during the Draw Mod. 4. Prows, to Pay. You promise Qoinay and severWy. if more than one Borrower has signed this Agnauooq to pay to us or to car order the told amount of all Advances, and all FINANCE CHARGES. fen and other charges you owa, whether such Advutas are aerie to you or to anyone allowed to use your Accent. payment raw be am to us at Up address included In yaw atatemau S. Prepayaaem. Yu tprepay YmAdvances in whole or In 6. Bills. We will send P11ct at uq titan without penalty. you a billing statement them Is s balm= due es or if there is roadie balance Vie) cub mouth that Advances am posted to your Aeeeus. We will also do chi, if you of more that SI.oD. Sales sips and checks are retained by us. cbs . _ daft shown You must make the. minimum Wymant shown on your Bdl ("M Wmdm payment Due') within 30 dep of the cycle hW your Bill. During the Draw Period, the Minimum paympm tee will be the am of. (a) all FINANCE CHARGES, that have accrued slate your her 10; (b) Ue Annual Conmdimew Fee. Overilmit Pee at any Lost Card Pee, Late Fee or Returned Cho* For. if hey, imposed daring tat month. and (c) all put due payments. hlayng only the Minimum paym am Due during the Draw Period will er repay say of rate, Pri1104111. Dhhriag tins Repayment Period. the Mlnlmum Payment Due will be the sot of W through (c) above, i plus an atougt to be computed by adding your -average daily balance subject to FINANCE CHARGE" on Credit Card Advances to than for Cash Advances and Check Advance, std dividing de aim by the number, of month, remaining is the lkpay=W Period. urea the ratbtiag sawn is ks then 530.00. In which one the Minimum Payment Due shall be loll payment. Payments am aMLW in the sder described in Paragraph 15. All your Indebtedness under this Agreement remdrdrig at the and of the Test is itmtediateiy due and payable. L FINANCE CHARGE ea Craft Cann Advances. (a) If you pay your now balance in full within 3D Jaya of doe cycle closing date k shown an yaw Bill we will not impose any FINANCE CHARGE on Credit Card Advatiou. (b) U You ds not Pay your new balance In furl within 30 days of the cycle closing date, we will impose a FINANCE CHARGE on Credit Card Advances. dd'nod by muldplying your "average daily balm, suldoot to FINANCE CHARGE" at Credit Card Advances by the periodic rats that applies to Credit Cud Advenoes. The react it your FINANCE CHARGE on Credit Card Advances for that Period. (c) Your "avenge daily balance subject to FINANCE CHARGE" will be computed as follows. (1) subtract CHARGE an Credit Card Advances from the balance of any unpaid FINANCE wbtracl Y11ur Credit Card Advances a the beglydrhg of each new biNrtg cycle: (2) payments and credits an the day thsY 1111 Paled to your Account fiaa We previous day's ending balance and add Credit Card Advance an tie day they are Posted to your Account to the previous day's endlog batimce. The result is your daily credit card balance suhbjaw to FINANCE CHARGE; and (3) add Imes daily balances and divide the tool by the number of day, in the billing cycle. The result is your "average daily bdsow sut,Ist to FINANCE CHARGE" for Credit Card Advance. 9. FINANCE C L4XCES on Cab Advancess and Check Advances. (a) You are obligated to pay a FINANCE CHARGE on all cash and Check Advances from de day advanced to the day fill payment is posed to your Account. (b) We will -nPuto your FINANCE CHARGE on Cub and Cheek Advances in the following marmot. (1) subtract any terpaid FINANCE CHARGE from the prevWw balance of your Cash and Check Advances a the beginning of each now bllhlog cyek an thew amounts; (2) subtract payments and credits Fran the previous day's e pre, day's ending balance and add new Cask and Cheep Advances to the ending belarm to daermre imp balance of your Cash and Check Advances for each day of the nwothly billing period. The result layour daily by tha number of bola= suWact to FINANCE CHARGE: (3) at tie and of the brining cycle. add then daily balances and divide the total days in the billing cycle. The result is your "avenge daily balance object to FINANCE CHARGE for Cub end Check Advances:" and (a) Finally ws multiplY this average dally balancs by the periodic rw. The result L your FINANCE CHARGE on Cub and Check Advance for Up bd0iag period. 10. Rata. (a) Your ANNUAL PERCENTAGE RATE and monthly periodic rate will be variable jaw" rues which cut choose mosNy. If a FINANCE CHARGE is imposed on your Access, an horess in your m001111Y periodic ntta ad certespooding ANNUAL PERCENTAGE RATE will rondt In as Increase in your FINANCE CHARGE and mat likely an increase in ysy Mhrmun payment Ltue. Your ANNUAL PERCENTAGE RATE does not Include coon other than isetes: it will never exceed the law of 21.00 si per arum or the mulnamt we are permitted to charge by law. (b) Your ANNUAL PERCENTAGE RATE for each monthly baring cycle will be a variable rate equal to the Prime Rate in eHiet at the begitmiag of each billing cycle plus the rate differmW ("Maghh") spanned below. Your monthly Pedodic two will be determined by dividing the ANNUAL PERCENTAGE RATE by twelve. Changes in your monthly periodic rate and corresponding ANNUAL 1ju VW, Initials WAO .l Initials Istials Pegs 1 off FH6D179 (41M 0041067722 PERCENTAGE RATE are dffeWvs the ardt day of sub billing cycle. 'Prime Rats' means dot no published as the highest prime rate in the 'Money Rain' table of 71ie Wolf &row Jeorad, dasedkted therein as the base rats on corporate low at harp U.S. money comer commercial banks. The Panne Rata in exact at the beSfmdtg of each billing cycle will be tat rate so published in the ad" doled the 20th of the month Immedisoly prior (or if no on the 20th at the date first published tlrctadbor) to the dam on which aid cycle eommmoss. Should the Pdme Rare ease to Wdsst? have the dght to choose another index substantially similar to the Prime Rate. on which to mly. For Credit Card Advances. your current ANNUAL P6ACWrAGE RATE Is 5.230 %. your Monthly periodic ram Is 0.437'X: f"onr Malin L 1.000 %. For Cash and Chock Advances, your ANNUAL PERCENTAGE RATE Is 5.230X, your mummy periodic ram is 0.437%: your Margin v 1.000 h• 11. SpectIle Fntworoo ion. Credit Limit $ 19, 000. 00. Dow Porlod 5 Years. Repsymew Period Years. 15 12. Fen and Charges. In consideration of your•eldgty to obtain Advancer under the Credit Line established by this Attainment. and your continued participation, In the plan. and our onnanitmnt to allow Advances tester sad Agnemart, you agree to pay an Annual Fee or $ X/A for tads yaw during the Draw Period. The Initial Annual Pee will be added to you tint Bill. Subsequent Annual Fees will be added to your Bill on each amdversary of the date of do Agreement. If your Minimum Payment Due is we received within 1 S Aga after de pgmnt dam shown on your Bill. we will charge your Account a Lam Fee of $20.000 10 % of the Midemtm Payment. whichever Is gressor. However, you will no be required to pay a Lot Fee oars than once on hie arse lam worm ever If that amount commas past due for mom don one billing posted. You agree not to obtain Advauat from ells tans a Lan Fes Ie Imposed nand YOU king your Account cur. by paying the ddingnod Minimum payment. A Returned Check Pa of $11.00 will be charged each toes a clack you give me u paymem on your Aeons is returned to as unpaid or Is not honored by the drawee bank in Maryland, a Returned Clecb Fes will be asserted only if a clack Is not honored on mood presntraw. A Lost Card Fa of SI0.00 will be cdatgsd seep line a new Account number oust be assigned. and a credit card(s) or clacks reissued because they have boo lost or sedan. Furthermore. we also will impose in Daily Termknetoa Per If you ter ah" your credit .Une within two years of opening unless alherwin prohibited by law. On signing this Agreement. you also owe the following one-time few and Chula which will be added to your Bill as Aftem tins you pay those few when you sip this Agreement. If yen request copies of tales slips. cbecks. or other Account document, unrelated to a billing right request. we may add the arm of S15.00 per nolumb hour and 53.00 per copy laic or a $10.00 addmnm charge to your Bill. You acknowledge all few and charges required by this Agresmat to be her and reasonable. Recording Fees NIA Recording Tax NIA Credit Report N/A Release Pee N/A 71110 Charges NIA Appraisal NIA Amok Poe N/A Attorney Pace N/A Other NIA TOTAL (One-time Pees and Chwgu) i 13 Security. All Advances made up to the credit limb. FINANCE CHARGES, few and other charges, nod all collection uptuaw and expenses incurred to protect the value of the residential real property pledged as security for the debt ('Collateral"). are secured by a dad of that. deed to secure debt or mortgage. (terdnefter referred to as "Collateral Documents') dated Jaw mxy 3", 2003 on tad estate in the CWWYICay of DaugUat State of P==71L'8's (dos description of such real ester n contained In said Collateral Documents being incorporated handle by nfernp); other collateral or property securing other Advances with n may also seems the lodskednw under dds Agre ss ent. 14. Receipt of Copy. You selmowledge that you have read, mdatiood and roaived a copy of this Agreement. You understand that each Borrower who dgsa the Agreament will be filly responsible for payment of the NW amount doe. You also acknowledge receipt at the time of year application of a Haas ge a Equity Disclosure Smrsrteet for this Account ad a separate Hams Equity Brochure. 15. Hew We Apply Yew Payments. We will apply you payments In this order: (a) PINANCE CHARGES, (b) An ud Fee, Late Fee. Ovetlimit Pee. Loft Card Fee or Returned Check Fee. If coy; (c) unpaid an"M from prior Bills; (d) mom due an Comm Hit; and (s) Advances posted. but ant yet billed. if. Ltswance. You promin to maintain Wourosoe an Collatsral. as set fortb In the Collateral Document. You meet purchase such mouannce from a lionesses! Insurer. If such a license Is required by applicable law, and furnish proof sagsfaetoey, to w of such Inlahrasce. You my cbeose the innrotce carrier providing the Insurance subject to I cder'a right to disapprove you choice. whicb right dWI not be exercised unreasonably. 17. Acceleration by Leader. At our option, your elder Indebtedness under lids Agreamoss. together with FINANCE CHARGES and any other few and ebargw you owe, will bacon Immediately doe and payable. and oar carmdtnant to maim further Advances will terminate, without notion or deraad to you, it any of the following events occur. (a) you fail to make say payment a nqu kW by die Agnemom: (b) you twnnedt at have eamndmed fraud. or If you note or have made a material tNoapnunWbn. in any way corseted with this Agrceneat: or (c) any action or inaction by you adversely a(few the Collated or any right or Interest of ours to tie Collateral. including but not limited to the sae. trwfer, emccmba oe or impairment of the CWINWQ. or the failure to Motown satisfactory intrance. 1S. Otba Limitations on Credit by Leader. We will nail or deliver to you written notice of any sedan authorized by this paragraph. not later than 3 business days after such scion. 7W notes will cooWn the specific reason(t) for etch action. At our option, we may (a) reduce your Credit Limit (Including to the ester t ptemitmd by law a reduction of the Credit Limit below the thn existing level of indeb ssl ws), (b) raped at reduce our commitment to stake Advances. or (c) take nay or all such actin, for any period in which say of the conditions fused below &Wl occur: . (1) The value of the Col?Wd declines such that the initial diifismuce between the Credit limit and available equity (based an the Collateral's appraised value on application to do Craft Line) is reduced by 30% or nee. or the value of the Collateral otberwis declines sipdftrandy (the value determined by an appra(sor of our choice. U obtained. shell be conclusive); (2) We reasonably believe then you will be unable to fulfill any of your payment obliptions under this change in your financial circunumneas caused or evidenced by the following: death, pl(ysical or memo i c aura of a o, significant reduction In income ac net worth, insolvency. fallum to pay other debts. the f a ncapadq, Ioss Of employment, of petiole in budrngtey by at agebut you, or you representation tat you will be unable to fulftll any pay.. cbXisWort: (3) You arc in data* of a material obligation radar this Agreement or the Calls" Documcmm. including, but not limited to your obligation to make required payment. to provide true and complete financial informadaru on request, to net as n not to adversely affect the Collateral or any right of outs in it. to occupy the Property as principal to idarca or to keep other material obligations and promises whether or rat the branch of some might no be a basis for acceleration; (4) We are pnduded by prvernme nt wile from imposing the ANNUAL PERCENTAGE RATE provided for In title Agreement; (S) Our rISW in the Collateral are adversely affected by government actiotL . (O We are reefed by a regulatory agency dot continued extensions of credit constitute an unsafe and unsound practice; Initials Initials Initiate W A0301179.1 Ace 2 01`4 PIM110 (4AM 0041067711 (7) The maadmmt ANNUAL PERCENTAGE RATE is reached, by each ewer mural not in Hoed, permit the rdedion of the Credit Lh Wt to a level bduw the oxstardimg homes of iedebadnesr and (8) Any Borrower requests a redaction of the Credit Llm(t or any limitation Was the right to obtain Advaaess. 19. RORKK ug of Craft. Upon therecreation of conditions giving rise to Moltatiom on credit hoposed under Paragraph 18, we will be oblipted to rehasto your former Credit Limit or our second tmmt regarding Advances, only if all the following emandons are met: (a) the pdo ty of our security Itknst in the Collateral for further emissions of credit has not been lowered: (b) you initiate and submit an applbtdbn an wdit for rsintomm"NA (c) you famish all nWvan lntformstion we may request In connexion with your apptica6ort. and (d) you pay. to the artist permitted by applicable law. our ressarble cows of my appealed or eredit report obtalaed so detenmiss that the sandblast easing our sotlan no Mope exists. Pumthemore, we an obligated to robe taco your Credit Limk only if you will not acquire a tight of rescission u a result. If !im(Wions won fecpoeed at your request, credit privpegss need not be net stated unless All Basowwers request +Nn"Ument. 20. Terwtlaafien by Renrewer. Any provision In this Agreement to rite conrary totwimstsaft. any Borrower nay torntinsto this Credit Use by (a) givft m wrilow notice of termination, (b) dcstroying or retumlg to is all chocks and other devices leaned or used in coneacfion with the Cndit Use. and (a) paying she At" In hell. On ahd after the datd on which we resolve (a), (b) and (e) above, we shall not be obligated to my Borrower to amts further Advances. But if my Borrower obWas Advances after such dace. that Borrower and all otter Borrowers will remain joWdy and severally liable for Move transactions. Including my FINANCE CHARGES On may acme an such Advances. 21. Payment of Prwporty Tatar. it the real property seeuti g this Agreement is located In Marybed, you ray, at your optim ley the recordation tax as your en irs Credit Limit at aloslq. or you my pay the requited lax on the amount of cub advance at the alms you obtain each drain,. If you pay the noordrloo taxes an your entire Credit Lime at dosing, your toW on liabllaty will be sodalad. ragardlsss of the amonat of debt you may actually inter. If. Instead, you elect to pay the required tax as you obtain A' -,-, you will have severe days after obtAft each Advance to We with the clack of the court where our Dead of Trust b recorded a ved}bd statement of the amount of the additional dirk Incurred. You will be responsible for paying to the cork the appBeabte reomdation tax on that additional desk tad ally ED% in. If you fall to do so, you may be penalized u provided in Section 14-1012 of the Tax-Property Article of the Maryland Coda That ssodoa provides for penalties of a floc of up to SW or up to six menthe imprisonment. 22, Flans ial Slrestntt and Approbalt. U during the tent of this AV== we dodtt to request a currarx penorol financial statement. You am to provide the requested Information In a form satisfactory to in within 10 days of such a request. You agree that we may have the collateral approloed at nap man" time we choose during the term of this Agreemat. 23. C 11setiem Casts. If we employ an attorney to collect any amounts due under this ASros - or to protect the Collateral, you promin to pay all seta of lidgedon and collection. Including all cam of repossessing and selling the Collateral. reasonable attorney's fees. as pertlWed by law. 24. Now= and Rttmels. Cash retlsnds we ant allowed for the returned Credit Cad Advances made on your credk card Account. Instead you will receive a credit to your account for the smons of the scum after we receive the credit from the seller. This crab will be filled out by the seller of the goods and services who will give you s copy. It b the salses responsibility promptly to moll or deliver the credit to os an we on credit yaw accent. We are net responsible for the osier's failure to nail or deliver the aredit p>omptly. 2g. Relsaers se Delays in Reforeemenl. If we choose, we may, without notice, (a) delay selecting my of ear d$a under thb Agreement of under the Collateral Doamneu. , (b) sated the tier allowed for making payments as mmmy time as we choose. for any length of time. (c) waive or rWon ally has or charts and waive or reduce the interest me or mount of the FINANCE CHARGE, (d) relars all or any part of the Collateral, (a) unapt instruments marled W in (WI" widw t diesherging the maker or ndouer beyond the amo is of die Instrument. M release any person who may be fable for the ItdebtWasse under this Agreement. or (g) permit abaltuft of Cdlumd. Our action or inaction will not relnsr or disclurge you or our lien an the Colisoad except to the extent that any such written nebase given by us expressly on stags. 26. lag er Slolta Cards, U yaw cad Is lost or stolen, you promise to notify VISA Traveler Service Cater at once. In the Continual U.S., call &MViSA9l1, and oulaide the Cominsnal U.S. call collet 2D7/347.4005. If ne entwer call eolbet 901 3169. 27. Antiptesamt. We hew the right to sedge may smut you owe and oleo weep and transfer our rights under fhb Agreement. 28. Amamdmmt. We reserve der dgbt to choop the teem of die Agreement. as permitted by law, molding, but net limited to, eltrogu in the index and Margin used to compute WkM If the index described in Paragraph 10 of this Agremnmt Is no longer available. dwWat to wbiab you agm In writing. clew p which will benefit you, and WdpiBcw charges. 29. Nodes. (aa) Any nodes or demand tram u about your Account will be mailed to you at your address appearing in our records, ad my such mtico will be offootive whin rnaiisd. Notice to one Borrower will be modes to all. Any notice to us. other thaw No mike payer or cane a billing error, must be mailed to P.O. Boat 132. Memphis. TN 31101. and will be effective upon the capitation of oar, business day following reoslpt by us at that addept. Payment ard billing error addresses will be Included in year BOL (b) We are aakled to act wpm my nonce from any Borrower which does not aodarm to all of the requirements sec forth in this Agreement, bur we are not obligated to ant open any nodes which does not substantially conform to such requirements. U we act upon any aoaamfaemiog notice, we shall not therefore be liable to any Borrower. 30. 1tmBAlty. If any portion of this Agreement is declared Invalid or onenforceable, the remainder will ant be aftectad and will remain In to roses and dfect. If a portion is unenforceable under a particular set of cheuma"sce , it shall moo be unenforceable under all circumstances. I being Intended that the Agreement be given Its breaded possible effect. 31. ApplileWs Later, This Agremeot and all tronuctions viler it will be governed by PENNSYLVANIA law (exealt when any CWWAMW Document now 00 der law of another state shall apply to that Collateral Documess). However. If a law of the United Stated perdu the ehorgiag of a higher FINANCE CHARGE or other fee or charge than appBcaWc state law permits, that federal law shall be applkobls. 32. Tam IopBdWmt. We love no responsibility for the tax effect of this Agreement or the import upon your taxes of my payments node. You should consult a tax advim ngardng the dedoodbilky of imkrest. tam and charges under this Agreement. 33. Eadn Agnmo t. This Agreement and the Collateral DocuwrNs ant forth the cams of the legal obligation between you and us, ad represent the entire understanding between you and no dwncexairg the subject matter of this Agreement. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR Fly IRZ USE. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL This notice corals WWKWI information about your rights and our respoasibi d" under the Pair Credit Baling AcL If you thick your Bill is wrag, or if you and more idfonnatlen about ¦ tearmcdon on your Hill, write is on a s¢ptaats :tint at the address shows on your Bill. Write to us a loan as padble. We must hear tram you no later then d0 days aft we eat you to lint via on width der error or Problem, appeared. You can telephone us, but doing so will sot preserve your r Sbta in your, beta. give us the a Indtiala Initials W14.1. W t Page 3 off PH6D1111 (UM following informs ion: 0041007711 Your name and A«mst snow. The dollar amount of the suspected arms. Describe the error and explain. N you can, why you believe there is an error. If you new own information, describe the Item you ate not sun about. If you have Athorized no to pay your Bill automatically from your esvimgs or Checking Account. you can stop the payttstt on any amount you think is wrong. TO HOP the Payment. Yaw letter wort reach us 3 business days befom the automatic Payment is scheduled to coat. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE We must atdtnowledie yaw letter wMa 30 days. unless we have wafted the error by than. Within 90 days. we mast tdlber ebrreet the after or explain why we believe the Bill was correct. After we receive your leper, we cannot try to collect any amount you gtsadon. or report you as ddlnquat, We an cautious re bill you for the atnohwt you question, loduft Enmp charges, and we can apply an unpaid avant against your Credit I3wit. You do not have to pay any questioned amount while we arc imvestipating, but you are still obligated to question. pay the putt of your Bill tills are not in If we And that we made a mistake on your Bill. you will not have to pry any }Lamas charges related to my guesttossd amoues. if are did not wake a mistake. you may have to pay finswas charges and you will have to make up any missed payments an an questioned amount. In either an, we will and you a statement of the smouet you owe and the date that it is due. If you fail to pay tba amount that we dduk you owe, we may repast you es delinquent. you and you writs to us within tso days telling us that you still refuse to pay, we must tell anyonafe w w,e our report you to rt you to does not taysfy that you have a question abet your 801. And, we mam tell you the nano of anyone we repotted you to. We must tell anyone we report you to that the matte' bw berm settled between us wbm it fnally, is. If we do not follow these rtes, we cannot collect the first SSMOO of the questioned amount, even if your Bill is correct. SPECIAL RULE FOR CREDIT CARD PURCHASES If you have a problem with the quality of property or services that you purchased with a credit card, and you haws tried In good faith to correct the problem with the nowbaw, you may have the ftM not to pay the remaining amount due an the property or services. Marc are two limitations an ft ri$k: (i) You mast ]eve made the purchase In your boos state, or, if not within your home state. within 10D wiles of your current mailing adders. and 00 The pumbase price must have ban more dun 330.00. These limitations do no apply if we own or operate do marehant, or if we mailed you the advertist:mst for de property or services. WITNESS our respective signatures on the Effective Dam. 3M 7M FIRS! HORZit w Mm DO1111 t>ORFORATIt)tf Lender Sy - Af Title 0 o S.c^- By signing above. each of the Borrowes(s) ncknowbdge receipt of a complete copy of this Ageeatrant on yes Effective Date. WA03/stt19.1 Pale 4 af4 Pltsorst: NAM 0041067711 ADDENDUM FOR INITIAL DISCOUNTED RATE This Addendum dated Janunry 3rd, 2003 , modifies the Home Equity Line of Credit Agreement (the "Agreement") of the same date between FIRST HORIZON NONE LOAN CORpoVATiON a KANSAS corporation , and the undersigned Borrower(s). The parties agree to modify the Agreement by deleting subsection (b) of the section of the Agreement captioned "Rates" and by substituting a new subsection (b) to read as Mows: (b) An initial discount rate will be in effect during the billing period (cycle) starting on the Effective Date and continuing for 3 successive billing cycles immediately thereafter (collectively, the "Discount Period"). The initial discount rate will be a feed rate of interest. After the Discount Period, your ANNUAL PERCENTAGE RATE can change monthly and will be a variable rate equal to the Prime Rate (defined below) on the Determination Date (defined below) plus the Rate Differential (Margin) specified below. Both Prime Rate and Rate Differential (Margin) are expressed as annual rates of interest. Your monthly periodic rate will be determined by dividing the ANNUAL PERCENTAGE RATE by twelve. "Prime Rate" means the rase published as the Prime Rate in the Money Rates section of The Wall &reet Journal on the Determination Date. If more than one prim Rate is published, the highest will apply. "Determination Date" means the date on which your billing cycle closes (or die preceding publication date if The Wall Street Journal is not publisbed on the date on which your billing cycle closes). The Prime Rate in effect on the Determination Date will be effective from the first day of that same billing cycle. Your ANNUAL PERCENTAGE RATE for the Discount Period is 3.900 Your monthly periodic rata for the Discount Period is 0-323%. Your Rate Differential (Margin) after the Discount Period is 1.000 %. Without the discount, your current ANNUAL PERCENTAGE RATE would have been 5.250 E and your monthly periodic rate would have been 0.437 %. By signing above, each Borrower acknowledges receipt of a completed copy of this Addendum on the date first above-mentioned. FH6Da00 NEW FOLDER 44 708 First Horizon Document Header Low Number: 0041067711 Doc $eq Number : 1 Document Type: SECRECORD Box Number. 100278717 Name: METRO, JOHN Address: 1909 PAXTON CHURCH ROAD HARRISBURG PA 17110 Ml` CAT: F1F5 Warehouse CD: I W Region: C0641 Pool Number: Pool Issue Date: i I pffi& //A6 7 7// 388 :IECEIVED 3 7001 JAN 28 Q 1 11 . collu"Uis uF , 1lUN I Y OF 0AUPh, " .. -4SYLV' N1' This Instrument Prepared By: FIRST HORIZON HOM LOAN CORPORATION 0041067711 481 AND=RSEN DRr", SUITN 420 PITl8MMOH, PA 15220 Please Return To: FHHLC-POST CLOSin NAIL ROOX 10741 RING N=LLZAX, NAIL CODE - 6708 DALLAS, TX 75220 PENNSYLVANIA OPEN-FM MORTGAGE (Securing Future Advances) This agreement covers open-end loans pursuant to the Pennsylvania Secondary Mortgage Loan Act. THIS MORTGAGE is given on January 3rd, 3003 The mortgagor is JOHN NW10 01 N at C / no/ lW ?? PAx'rON"'CHORCB RD. , HARRISBURG, Paaasylvania 17110 This mortgage is given to FIRST HORIZON EMU LOAN CORPORATION whose address is 4000 HORIZON NAY, IRVING, TX 75063 In this Mortgage the terms "you", "your", and "yours" refer to the mortgagor(s). The terms "we-, "us" and "our" refer to FIRST HORIZON HONg LOAN CORPORATION whose address 011000 HORIZON NAY, IRVING, Tx 75063 Pursuant to a Roca Equity Line of Credit Agreement and discloaurea under the Federal Truth-In PA HE=SECURM INSTRUMENT PAGE 1 W 8 P1ibD183 ' 80730 301 0041067711 Lending Act dated the same date as this Mortgage ("Agreement") . you may incur indebtedness from time the Y in amounts OMft 0?? Um maximum principal sum of The Agreement provides for the full debt, if not paid earlier, to be paid by r tt:t itmmY 1,110230.00 ). You agree that this Mortgage shall continue to secure all stuns now or hereafter advanced under the terms of the Agreement including, without limitation, such sums that are advanced to you whether or not at the time 1 the sums are advanced there is any papal stun outstanding under the Ate. This mortgage secures future advances which the lender is legally obligated to masse in accordance with the terms and conditions of the note and this mortgage. This mortgage secures unpaid balm of advances made with respect to the premises, for the payment of taxes, assessmeitts i premiums or costs incurred for the protection of the premises or the lien of the ' irocurred by the lender by reason of default by the borrower under the ? me' expenses incurred to enable completion of the improvements for which now was executed. ? or advances made under the tree to This Mortgage secures to us: (a) the repayment of the debt evidenced by the Agreement, with interest, and all refinancings, renewals, extensions and modifications of the sums, with interest, advanced under '?? (by the payment of all other re this Mortgage; and (c) the performance of your covenants and paragraph ogrefements unndert is Mort the security purpose and In consideration of the debt Sage and the Agreement. For this successors and assigns the property located in you do hereby moge, grant and convey to us and our Coun Pennsylvania. To wit: /tY, 01) 67 14 007-1)1-1 All that tract or parcel of land as shown on Zzhibit "AO attached hereto which is incorporated herein and made a part hereof. Which property has the address of: 1909 PAMN CHURN! Rpm, N"WTSBURG, PXMI; bVAMA 17110 TOGETIHM WrM all the improvements now or hereafter erected on the property, and all PA HMDC SECURITY INSTRUMENT PAGE 2 OF 1 FH6D1i4 8K4730K 302 0041067711 easements, rights, appurtenances, rents (subject to Paragraph 19 hereof) and fixtures now or hereafter a part of the property. All mPlacet=ts and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property." YOU COVENANT that you are lawfully seised of the estate hereby conveyed and have the right to grant and convey the Property and that the Property is unencumbered, except for encumb You warrant and will defend generally the title to the Prop of record. any encumbrances of record. Ay against all claims and demands. subject to YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other interest owing under the Agreement and all per. You snap pay when due the principal and charges due under the Agreement. 2. (Payments of Taxes and Insurance. You will pay, when due all taxes payments or ground tents (if any), and hazard insurance on the 'assessments, leasehold any). Property and mortgage insurance (if 3. APPlkation of Payments, Unless applicable law provides otherwise, all Payments received by us under the Agreement and Paragraph i may be applied by us first to interest Payable under the Agreement and then to the remainin and other charges g principal balance under the Agreernenu. 4. Prior Mortgages; Charged Uens. You shall deed of trust or. other security instruments perform armed ?ch obligations as priority over under this any mortgage, including your covenants to make payments when due. You shall Mortgage, charges, fines and impositions attributable to the pay all taxes. assessments. Mortgage or any advance under this Mortgage, Property which may attain priority over this Upon our request, you shall promptly furnish to us altioces op ffa or groom rents, if any. Paragraph and receipts evidencing any such payments you make directlamounts . to be paid under this You shall promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we obtained) which has priority over this Mortgage or any advance to be made under the Agreement or this Mortgage. S. Third Inawmee. You shall keep the Property insured against loss by fife, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which we require insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose any insurer reasonably acceptable to us. Insurance policies and renewals shall be acceptable to us and shall include a standard mortgage clause. If we require, you shall promptly give us all receipts of paid premiums and renewal notices. You shall promptly notify the insurer and us of any loss. We may matte proof of loss if you do not promptly do so. PA HEWC SECURITY INSTRUMENT PAGE 3 OF e FH6D 185 8K4730PI; 303 0041067711 Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or repair is economically feasible and our security would not be lessened. Otherwise, insurance proceeds shall be applied to sums Secured by this Mortgage, whether or not then due, with any excess paid to you. If you abandon the Property, or do not answer within 30 days our notice to you that the insurer has offered to settle a claim, then we may collect and use the proceeds to restore the Property or to pay sums secured by this Mort repair or period will begin when notice is given. gage, whether or not than due. The 30-day I Any application of proceeds to principal shall not require us to extend or postpone the due date of monthly PaYinentS• If we acquire the property at a forced sale following your default. Y insurance proceeds resulting from damage to the Pro your riss to us to the extent of the sums secured by this Mortgage immediately prior to the acquisition shall pass to to the acquisition. 6. Preservation and AfWntenaaee of svbstantiall than the ??' j'?0?' You shall not destroy, damage or y J Property. allow the Property to deteriorate, or commit waste. If this Mortgage is on a leasehold, you shall comply with the lease. If you acquire fee title to the property, the leasehold and fee title shall not merge unless we agree to the merger in writing. 7. Protection of Our Rlgbts in the Property; mortpp p Im urance. If you I covenants and agreements contained in this Mon a or there is a 1 face to perform the significantly affect our rights in the Property Y condemnation or. forfeiture or to enforce the laws or rage jam ? in bankruptcy, p?ro?e,?r anything necessary to protect the ), then we may do, and pay for, include Property's value and our rights in the Property. Our actions may paying any sums secured by a lien which has priority over this Mortgage or any advance under the Agreement or this Mortgage, appearing in court, paying reasonable alto any sums which you are required to pay under this Mortgage and rney s fen , make to tn matx entering on the Property i repairs. We do not have to take any action we are permitted to take under this . amounts we pay under this paragraph shall become additional debts Pall be t Any by this Mortgage. you owe us and shall be secured These amounts shall bear interest from the disbursement date at the rate established under the Agreement and shall be payable, with interest, upon our request. If we require mortgage insurance as a condition of making the loan secured by this Mortgage shall pay the premiums for such Insurance until such time as the• You terminates. requirement for the insurance S. Inspectloa. We may inspect the Property at any reasonable time and upon reasonable notice 9. Condemnation. The proceeds of any award for with any condemnation or other taking of an damages, direct or consequential, in connection us the. or for conveyance in lieu of condemnation, are hereby assigned and shall be p paid to of Property 10. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or PA HEIAC SECURITY INSTRUMENT PAGE 4 OF 8 FH®186 BK4730PC 304 0041067711 modification of amortization of the sums secured by this Mortgage granted by us to any of your sutxxasors in interest shall not operate to release your liability or the liability of your successors in interest. We shall not be required to commence proceedings against any successor in interest, refuse w extend time for payment or otherwise modify amortisation of the sums secured by this Mortgage by reason of any demand trade by you or your successors in interest. Our forbearance in exerclsing any right or remedy shall not waive or preclude the exercise of any right or remedy. It. Successors and Assigns Bound, Joint and Several LWMIlty; Ce Signers. The covemhots and agreemems of this Mortgage shall bind and benefit your, and our, successors and permitted assigns. Your covenants and agreements shall be joint and several. Anyone who co-signs this Mortgage but does not execute the Agreement: (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest in the Property: (b) is not personally obligated w pay the Agreement, but is obligated to pay all other sums secured by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may agree to extend, modify, forbear or make any accommodations regarding the terms of this Mortgage or the Agreement without such person's consent. 12. Loan Charges. If the loan secured by this Mortgage 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 ebatge to the permitted limit; and (b) any sums already collected from you which exceed permitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Agreement. 13. Notices. Unless otherwise required by law, any notice to you provided for in this Mortgage shall be delivered or mailed by first class mail to the Property Address or any other address you designate by notice to us. Unless otherwise required by law, any notice to us shall be given by first class trail to our address stated above or any other address we designate by notice to you. 14. Governing Law; Sevembllity. This Mortgage shall be governed by federal law and, except as preempted by federal law, by the law of jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Agreement which can be given effect without the conflicting provision. To this end the provisions of this Mortgage and the Agreement are declared to be severable. 15. Transfer of the Property. If all or any part of the Property or any interest in it is sold or transferred without our prior written consent, we may, at our option. require immediate payntecu in full of all sums segued by this Mortgage. However, this option shall not be exercised by us if exercise is prohibited by federal law as of the date of ibis Mortgage. PA HELOC SECURITY INSTRUMENT PACE S OF B FW117 894730PG 305 0041067711 16. Sale of Aimee mmt, Change of Loan Servim. The Agreement or a partial interest in the Agreement (together with this Mortgage) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Agreement and this Mortgage. There also may be one or more clams of the Loan Servicer unrelated to the sale of the Agreement. If there is a CMW of the Loan Savieer, you will be given written notice of the chop as required by applicable law. The notice will state the name and address of the new Loan Servicer and the address to which paymnts should. be made. The notice will also contain any inforawion required by applicable law. 17. Hazardous Substances, you shall not cause or permit the presence, use, disposal, sunW, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the Property that Is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. You shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any govamratal or regulatory agency or private party involving the property and any Hazardous Substance or Environmental Law of which you have actual lmowledSe. If you learn or are nodi'led by any govemment or regulatory authority, dug any removal or other rerowlatlon of any Hazardous Substance affecting the Property is necessary, you shall promptly talce all nextsary remedial actions in accordance with Environments! Law. As used in this Mortgage. "Hazardous substances- are time substances defined as toxic or hazardous substances by Enviromnental Law and the following substances: gasoline, krosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fottnaldehyde, and radioactive materials. As used in this Mortgage, "EnvirOnmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 17. Accderadw; Remedies. You will be In defauk if (1) any payment required by the Agra t is not Monde when it is due; (2) we discover that you have aomeskted fraud or made a materfai misrepresentation; or (3) you take any action or fail to take any actba that adveody affects our security ror the Agreement or any right we have in the Property; or (4) any ~ occurs that permits us to accelerate the amounts due under the Agreement. if a de&M occurs, we will give you notice specifying: (a) the default; (b) the action required to ewe the default; (c) a date not less than 30 days from the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the defauk on or before the date specilled in the notice may result In acceleration of the sums secured by this Mortgage, foreclosure by Judicial proceeding and sale of the Property. The notice shall further inform you of any right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-a tense of a default or any other defense you have to acceleration and foreclosure. If the default Is not cured on or PA HE= SECURM INSTRUMENT PAGE 6 OF a atisaras BK4 730PG 306 0041067711 before the date spedtled in the notice, we at our option may require imarsediate Paint in Adi Of all MW secured by this Mortgage without further desmaad and ntaty fored1ase this MutW by Judicial Proceeding. We shall be eatitkd to collect all eotpaases incurred in pursaimg the remedies provided In this Paragraph 18, Including, but no limited to, ramble attoraeye fear (which few shall be allowed and paid as paint of the detaee of judgment) and cost of title evidence. 19. Assignment of Rants. As additional security hereunder, You herby assign to Us the rents of the Property, provided, however, that you shall have prior to aceeleantiaa under Paragraph IS hereof or abandonment of the Property, the right to collect and retain such rents as they become due and payable. 20. Sa*6c+ion. Upon your request and payment of all sums secured by this MortgMje, we shall cause the entry of satisfaction to be made upon the records of this Mortgage. You shalt pay all costs and fees for entering the satisfaction upon the records of this Mortgage. 21. Waiver of Homestead. You hereby waive all right of homestead exemption in the Property. 22. Riders to this Mortgage. If one or more riders are executed by you and recorded together with this Mortgage, the covenants and agreements of each such rider shall be lucorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider(s) were part of this Mortgage. Condominium Rider 1-4 Family Rider Planted Unit Development Rider t7ther(s) (specify) BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Mortgage and any titer(s) executed by you and recorded with it. In Witness whereof the Mortgagor(s) has executed this Mortgage the day and year r above. ust written IQT1t0 '-""'-"-' Coo d y ?? , yt?t-t ??'v PA HELOC swuftrry v4smumaq PAGE 7 OP a FH601a19 BK4730K 307 0041069711 Commonwealth of Pennsylvania ) County of DaW"m )ss: On this. the day of ANk 2?3 officer,. before me, the undersigned ,. Personally appeared JOHN NVM 06,01 before me, the undersigned officer, known to ine (or satisfactorily prove) to be the person(s) whose name() js/ja subscribed to the within mortgage and acknowledged that bE #W.9 r executed the acne for the purposes therein contained. In Witness thereof, I hereunto set my hand and official scat. ?! J f My commission expires: e''? S/ Zo¢ 00 e of Officer Emy:N Ttd w-y6. MKMW,,PWVWk uge,?ooletla 1,, FICATE OF RESIDENCE I• ??'wie' 'k' ?""'?n"'r? do hereby certify ht Mot gage' s precise principal business address is 4eoo AA%9120.V ,k„ry, 15tvIA4, TX 7S-de .W, Witness my hand this day of ?? , 2tb3 I I VwdV SWWYY "t-Wo dWXWX 0 400ided in to RnnWYrwra.. ((( re-ijg,7 tP ?? PA HM= SBCURrrY INMUMENr MORTGA or Agent for MORTGAGM PACE 8 OF 8 8K4730PI; 308 IUMUa 0 OF 7 APO 4119,5o M ATN aL*Aqoq Zr* -2 3?S7 Sheriffs Office of Cumberland County R Thomas Kline ?tistr at cumbrr? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE CIF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/18/2009 09:27 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2009 at 0927 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John Metro, by making known unto John Metro personally, at 2930 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.60 SO ANSWERS, April 21, 2009 R THOMAS K E SHERIFF Docket No. 2009-2371 First Horizon Home Loans v John Metro ZC99 APR 27 Ai 1 I i : r The Martin Law Firm, P.C. Jason Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: 2009-2371 Plaintiff, VS. JOHN METRO 2930 Columbia Avenue Camp Hill, PA 17011 Defendant CIVIL ACTION: LAW PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter Default Judgment in favor of Plaintiff and against Defendant, John Metro, by default for Defendant's failure to file an Answer to Plaintiffs Complaint against the Defendant. Assess damages as set forth below: Principal amount due: $19,741.95 Interest: $3,032.73 (September 28, 2007 through May 26, 2009) Attorney Fees: $0 Other Damages: $0 Total: $22,747.68 I hereby certify that written notice of the intention to take a Default Judgment was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of the notice of intention to enter Default Judgment is attached hereto as Exhibit "A." G? Jason Martin, quire -0/ Attorney for Plaintiff ASSESSMENT OF DAMAGES: AND NOW this M4 day of , 2009, Judgment is entered in favor of the Plaintiff and against the Defendant, John Metro, by default for want of filing an Answer to Plaintiffs Complaint and damages assessed at the sum of $22,747.68, as per the above statement. Prothonota The Martin Law Firm, P.C. Jason Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: 2009-2371 Plaintiff, VS. JOHN METRO 2930 Columbia Avenue Camp Hill, PA 17011 Defendant CIVIL ACTION: LAW AFFIDAVIT OF NON-MILITARY SERVICE 1, Jason B. Martin, Esquire being duly sworn according to law, deposes and says that I am authorized to make this affidavit on behalf of Plaintiff and therefore aver that to the best of my knowledge, information and belief, that defendant, John Metro, is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. § 501 et seq. L 'L.r Jason . Martin, Es ire Attorney for Plaintiff 8 THE MARTIN LAW FIRM A PROFESSIONAL CORPORATION JASON B. MARTIN 725 Skippack Pike Suite 337 Admitted in Penesylvania and Blue Bell, Pennsylvania 19422 New Jersey (215) 646-3980 Fax: (215) 646-3987 www.jbmartinlaw.com Email: jbmartin@jbmartinlaw.com May 11, 2009 John Metro 2930 Columbia Avenue Camp Hill, PA 17011 RE: Notice of Intent to take Default Judgment First Horizon Home Loan Corp. v. John Metro Cumberland County CCP 2009-2371 Our File No.: COM-1088 Dear Mr. Metro: Pursuant to Pa. R.C.P. 237. 1, enclosed please find a Notice of Intent to take a Default Judgment. Sincerely, Jason B. Martin JBMlmed enclosure cc: Meryl Keegan, Esquire The Martin Law Firm, P.C. Jason Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff COURT OF COMMON PLEAS FIRST HORIZON HOME LOAN i COUNTY OF CUMBERLAND CORPORATION 6522 Chapman Highway j DOCKET NO.: 2009-2371 Knoxville, TN 37920 Plaintiff, I CIVIL ACTION: LAW VS. JOHN METRO 2930 Columbia Avenue Camp Hill, PA 17011 Defendant TO: John Metro DATE OF NOTICE: May 11, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 THE MARTIN LAW FIRM, P.C. '-'V /Z Bv: Jason B. artin, Esqu' Attorney for Plaintiff 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 Rz 1 Qjk, The Martin Law Firm, P.C. Jason Martin, Esquire Attorney ID 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980 Fax: 215-646-3987 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION 6522 Chapman Highway Knoxville, TN 37920 Plaintiff, VS. JOHN METRO 2930 Columbia Avenue Camp Hill, PA 17011 Defendant COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DOCKET NO.: 2009-2371 ? CIVIL ACTION: LAW 236 NOTICE NOTICE IS GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY s1a4/Uq IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: =..=- Dili, Jason . Martin, Es ire Attorney for Plaintiff ID# 82767 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215-646-3980