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HomeMy WebLinkAbout09-8378Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 V-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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 213107 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 V. Plaintiff CARROLL E. KINSEY, JR. JOANNE L. KINSEY 300 WEST MAIN STREET, APARTMENT B MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq - $37$ Civ a CT.rM CUMBERLAND COUNTY File #: 213107 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 213107 1. Plaintiff is FIRST HORIZON HOME LOANS, 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: CARROLL E. KINSEY, JR. JOANNE L. KINSEY 300 WEST MAIN STREET, APARTMENT B MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/23/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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. 1901, Page 4822. By Assignment of Mortgage recorded 10/05/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200934253. 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(8); 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 03/01/2009 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 #: 213107 6 The following amounts are due on the mortgage: Principal Balance $121,020.65 Interest $6,664.25 02/01/2009 through 12/02/2009 (Per Diem $21.85) Attorney's Fees $1,300.00 Cumulative Late Charges $200.70 03/23/2005 to 12/02/2009 Mortgage Insurance Premium / $30.00 Private Mortgage Insurance Cost of Suit and Title Search $'5-5000 Subtotal $129,765.60 Escrow Credit $0.00 Deficit $0.00 Subtotal 10-00 TOTAL $129,765.60 7. 9. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in = ersonam 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. The mortgage premises are vacant and ahandaned. File #: 213107 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,765.60, together with interest from 12/02/2009 at the rate of $21.85 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: ? ence T. Phelan, sq., Id. No. 32227 ? cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J ith T. Romano, Esq., Id. No. 58745 heetal 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 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 213107 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the southwest corner of 'H' and North West Streets; thence along the western side of North West Street South 14 degrees 09 minutes 31 seconds West a distance of 102 feet to a point which is the northeast corner of Lot No 2 as shown on the Plan recorded in Plan Book 65 at Page 25 in the Office of the Recorder of Deeds in and for Cumberland County; thence along said Lot No. 2 North 75 degrees 50 minutes 29 seconds West [inadvertently stated as North in prior Deed but see Deed Book 117, Page 1153] a distance of 102 feet to a point on the East side of Lot 1B as shown on the Final Subdivision Plan of Morgan Way, dated February 23, 1993 and recorded in Cumberland County Plan Book 66, at Page 36; thence along said Lot 1B, North 14 degrees 09 minutes 31 seconds East a distance of 102 feet to a point on the southern side of 'H' Street; thence at the southern side of 'H' Street South 75 degrees 50 minutes 29 seconds East a distance of 102 feet to a point, the southwest corner of 'H' and North West Streets, the place of BEGINNING. Having thereon erected a dwelling known and numbered as 1140 North West Street. PARCEL NO. 06-19-1643-404 PROPERTY BEING: 1140 NORTH WEST STREET File #: 213107 v The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to DATE: File #: 213107 $IS.so Po Ar q e?.? $a33?u ? 023{ sob ,~ ,/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MAY 14 2010 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff v. CARROLL E. KINSEY, JR JOANNE L. KINSEY Defendants AND NOW, this ('~~~ ~, day of CUMBERLAND County No. 09-8378 CIVIL TERM ORDER Yl~ ~ ~ , 2010, upon consideration of Plaintiff s 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 $121,020.65 Interest "Through June 2, 2010 $10,532.96 Per Diem $21.55 Late Charges $200.70 Legal fees $1,850.00 Cost of Suit and Title $1,145.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,523.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,210.00 TOTAL $138,482.31 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ~ ,~~, BY THE COURT ~ ~.: ~ ~' w ~" / 'J £S ` _ ,_, ~ 1 /Tt, a L t (SELL ~~ ~ ~ r ~ J. ~~ _~ -~ C . 213107 :- ~ ~ ~ J . k~~~ _ ~ ~ s/~2~ro , ~r~'l r -, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. CARROLL E. KINSEY, JR JOANNE L. KINSEY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-8378 CIVIL TERM CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DMSION 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 1140 NORTH WEST STREET, CARLISLE, PA 17013-1440. Name and address of Owner(s) or reputed Owner(s): Name CARROLL E. KINSEY, JR 2. 4. JOANNE L. KINSEY Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 300 WEST MAIN STREET, APARTMENT B MECHANICSBURG, PA 17055 300 WEST MAIN STREET, APARTMENT B MECHANICSBURG, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) 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. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MANUFACTURERS AND TRADERS TRUST COMPANY ONE M&T PLAZA BUFFALO, NY 14240 MANUFACTURERS AND TRADERS TRUST COMPANY 1 FOUNTAIN PLAZA, 4Tn FLOOR BUFFALO, NY 14203 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) C'3 t~ '~a. TF' ~-, ~~, ,~~ c` ,, _. ~_ C~ C._ .~.. 0 :'~ 'T~ -"'~ -r ~~~ :~. ~r' y-~ '.~ ;-~~ ~^~ (`f3 _~ None. .~ Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 1140 NORTH WEST STREET CARLISLE, PA 17013-1440 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 falsification to authorities. Date: ~~Z ~-//~ Bv: Attorney for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 [~")irancis S. Hallman, 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 ~. ao ~°v ~~ ~ ~a ~~~ ~~0.~1U x~a ~~ ~ a `.~° O t f~ ~ ~b °' ~ a~i ~~~ z¢o a~ £ O L 6 L 30 00 dI Z W 02l ~ a 311 bW w OLO Z SZ ' J.t1 W 9 SZ LL WL OZO _ o9 Z I. 0 $ 5'j/M p9 A1Nl ld ® ~ ® 1 .~ o . ~~ ~ 5ald 5 y a~ o ~ 8p.~ a d ~ ;, ~ ~ ~ v •~ •~~~o o~~~ ~ ~'~ .9 w e~ ~ V ~ ~ V .y N ~ d ° b q ~ api ~ ~ ~ ; C U U O O ~ 'd O h v , ~ ~H O . ~ 9 y ~ ~y. Q y ~ ~ ~ C O A p~ C O T,«~ 7 d H 0.•~ ~ O C O O ~ , . y E) a ~ ~ g~ ~ ~ ~ ~~~~~ .lr ~a' '~ °' ~ ° [-~ w • o, F~--~ d ~i a ~ o Q F ~ 0 F ~ a~ T o a ~a °" ~ F, WfYi ~ w ~ ~ ~ Q ~ •S ~ F'' G4 as ~ ~ ~ 'd' M ~"' ~ ~ M ~ o ~ No a~~ ~~ Q ~ L b ~ ~ ~z v ~~ ;~ d ~ d H ~ °~ 0~ ~ 6 ~ ~ ~ a. ~ z rip ~ ~ ca o~ Hx .~ Z F~ -0C 'K 'k 'K ~ 'k 'K 'K 'K iC 'Y 'K * * •X y ~ it # 'K 'IG 'K -0C * jG # # 'K 'Ii 'K it '~( * -0( ~ '~( * 'K # i( 'K .K 'K .X 'k .K 'k 'fl p U h p T ~ A z ~_ .-~ N M ~ ~A ~D t~ 00 O~ ~ ~ ~--~ ~ N ~ M ~ ~ ~ Ifs ~ '~ ~ F IS. ftl 5' ,3' „~`?-%' g~ ~~ ~rn Q~ «~`~ ~a a ~,,~d vSQ FILED-OFFICE OF THE PROTHONOTARY ZQ 10 OCT { 5 AM !0~ 3 4 CUMBERLAND COUNTY PENN5YLVANIA Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 X215)563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association Plaintiff Vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County, Pennsylvania 09-8378 EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, First Horizon Home Loans, A Division of First Tennesse Bank National Association, by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff s Sale Distribution for the following reasons: 1. The Plaintiff is First Horizon Home Loans, A Division of First Tennessee Bank National Associatioin, the holder of that certain Mortgage dated March 23, 2005 and recorded Mazch 31, 2005 at Mortgage Book 1901, Page 4822 in the Cumberland County Recorder's Office (hereinafter "Mortgage") by virtue of that certain Assignment of Mortgage recorded October 5, 2009 at Instrument Number 200934253. A true and correct copy of the Mortgage and Assignment aze attached hereto, made part hereof, and mazked as Exhibits "A" and "B,." respectively. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on December 4, 2009 due to Defendant's failure to tender the monthly mortgage payments due for Mazch 1, 2009 and each month thereafter. Attached hereto, made a part hereof, and marked as Exhibit "C" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on 3anuary 28, 2010, in the amount of $130,967.35. Attached hereto, made a part hereof, and marked as Exhibit "D" is a true and correct copy of the Praecipe for Default Judgment. 4. On May 14, 2010, this Honorable Court entered an Order reassessing Plaintiff s damages in the amount of $138,482.31. Attached hereto, made a part hereof, and mazked as Exhibit "E" is a true and correct copy of Order reassessing damages. 5. On September 8, 2010, the premises located at 1140 North West Street, Cazlisle, PA 17013 (hereinafter "Property"), was sold at the Cumberland County Sheriff's Sale pursuant to the Writ of Execution. 6. The Property was struck down to a third-party bidder for the amount of $149,100.00. 7. On or about October 11, 2010, in accordance with Pa.R.C.P. 3136(d}, the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $138,482.31. Attached hereto, made a part hereof and marked as Exhibit "F" is a true and correct copy of the Sherii~s Schedule of Distribution. 8. Since the filing of the Complaint, Plaintiffhas expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 9. Plaintiffl s expenditures have inured to the benefit of all parties. 10. The total debt owed to Plaintiff is $142,904.27. 11. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $121,020.65 Interest: $ 12,596.92 Escrow Deficit $ 2,995.60 Late Charges $ 200.70 Property Maintenance $ 400.00 Inspections/Preservation $ 1,643.40 BPO $ 90.00 Corporate Advance $ 3,957.00 Balance due: $142,904.27 12. According to Extraco Mort~aae v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 13. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $141,866.07, which is the remainder of funds available for distribution following payment of costs, taxes and municipals. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $141,866.07, and directing the Sheriff to pay the Plaintiff the balance due of $141,866.07 along with the Sheriff's Deposit Refund of $1,500.00. Date:, jO ' ~ ~ ~ ~ a By. Respectfully PHELAN HALLI~tAN~[D SCHMIEG, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 X215) 563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association Plaintiff Vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County, Pennsylvania 09-8378 BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION I. FACTUAL BACKGROUND The Plaintiff is First Horizon Home Loans, A Division of First Tennessee Bank National Associatioin, the holder of that certain Mortgage dated Mazch 23, 2005 and recorded March 31, 2005 at Mortgage Book 1901, Page 4822 in the Cumberland County Recorder's Office (hereinafter "Mortgage") by virtue of that certain Assignment of Mortgage recorded October 5, 2009 at Instrument Number 200934253. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on December 4, 2009 due to Defendant's failure to tender the monthly mortgage payments due for March 1, 2009 and each month thereafter. Plaintiff obtained a Default Judgment on January 28, 2010, in the amount of $130,967.35. On May 14, 2010, this Honorable Court entered an Order reassessing Plaintiff's damages in the amount of $13 8,482.31. On September 8, 2010, the premises located at 1140 North West Street, Carlisle, PA 17013 (hereinafter "Property"}, was sold at the Cumberland County. Sheriff s Sale pursuant to the Writ of Execution. The Property was struck down to athird-party bidder for the amount of $149,100.00. On or about October 11, 2010, in accordance with Pa.R.C.P. 3136(d), the Sheriffprovided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $138,482.31. Since the filing of the Complaint, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. Plaintiff s expenditures have inured to the benefit of all parties. The total debt owed to Plaintiff is $142,904.27. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $141,866.07, which is the remainder of funds available for distribution following payment of costs, taxes and municipals. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriffs proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mort~a~e, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders as the expenditures have inured to the benefit of all parties. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphia, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gannett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $141,866.07, and directing the Sheriff to pay the Plaintiff the balance due of $141,866.07 along with the Sheriff s Deposit Refund of $1,500.00. Respectfully submitted, PHELAN HALLIN N A SCHMIEG, LLP Date: 1 y ~~ ~ ~ ~ BY~ _ Daniel G. Schmieg, Esquire Attorney for Plaintiff EXHIBIT "A" _ ~-- /u ~~ ~ r is t.. 'J 4 ?~S i ~~ '31 Pty-12 39~'~: By: FIRST SORIZON SOb~ LOAN CORPORATION 201 GRANITE RZF)'i DR. , SUITB 130 LANCASTER, PA 17601 Remora To: FSSLC - POST CLOSIDiG 2t7-IL ROOM 1555 W. WALNUT SILL LN. i)200 MC 6712 IRV'ING, TY 75036 Parcel Number. County: City: ls~ ,~~ 1~ ~ Fir ~~ Da.) 528 3 MORTGAGE oosssla112 . 10Q0852D_D3 DP.>~nYlTiorts - - - ~ - Words used in multiple sections of dais document are defined below and other words are defined in Soctiout 3, 11, 13, 18, TA and 21. Certain rules regarding the usage of words used in this document art also provided in Searon lb. (A) "Security Irl~trument" meatus this document, which is dated - , '~' together with all Riders to this document. (B) "Borrower" is 5 Borro mortgagor antler this Security Instrumem. (C) Mortgage Etectronic Registration Systems, Inc. MGRS is a separate corporation that is acting so a mminee for bender atd Leadtr's successors and assigns. HERS is the mortgaNee under this Security Iostrttrrr~t. MFRS is organized and hosting under the laws of Delaware, and has an address and ttiephone number of P.O. Box 202b, Punt MI 4850121)26, teL (888) b74-HERS. PENNSYLVANIA -Single FamYy~ - FN~N~ MMIFnddi~ Mso UNIFORM INSTRUMENT Y/tTN MERE t~~6A(PA) (awrl Form 309® 1KI1 / Pipe 1 d 16 Mt4N: ~ 9~ Y6P MaAy~p~ SaWWn, Inc, t80Q)b21.7297 07!2812008 10:10:44 AM CUMBERLAND COUNTY Inst.#200510726 - P e 1 or 17 (D) "Lender" is , s~+izox . LOS coRt~oR~~aoN - ~~ r' Lender is a CORpORnTxoN organized and eaia ~ under the-caws of THS STl'-TS of 1C1-~t871S I,raoder's address is _ ~a¢~4-~,~-~~4b.~ t (E) 'Tiote" means the promissory rote signed by Borrower and da ~ti'h 237~it,,, 2~e5 The Note states that Borrower owes Lender ~ - ' - '""°",. 02I1i t~ItJND 'r4 II1~7C ~ THt)US]1ND ti 00/100 Dollars (U.S. $ ..- r p]us interest. iorrower has promised to pay this debt in regular Periodic Payments sad to pay ~ debt to full sot later than {Fj "Property" meant the property that is descriheading "Transfer of Rights in the ~'~Y (G) „Loan„ means the tibbt evidcaced by ttie Note, Plus interest, any Prepayment charges and Iate charges due under the Note, and all sums dine under this Security Instrtutient, plus interest. (FI) "Riders" means all Riders W this Seauity Insmmtent that are executed by Borrower. The following Riders are to be executed by Borrower [check box as appIicablej: 0 Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider (~] Balloon Rider ~ PL7ru~ed Unit Deveiopanent Rider (~ t-4 Family Rider [_j VA Rider Biweekly Payment Rider ~J Other(s) [specify] (n "Applicable Law" means all controlling applicable feder~.l, state sad local statutes, regulations, ordinances and administrative ivies and orders (that have the effect of law) as well as alt applicable final, ncu>-appeal~le ludidat opinioffi. (A "Community Assoclatton Dues, Fees, and Ass~rients" means all dues, fees, assessments amt othex charges that are imposed on Borrower or the Property by a condominium assodation, he®reownens association or s'smilar organiration. (K) "Etedronic Founds Transfer" mans any transfer of funds, other than a traasaction originated by chock, draft, or similar paper instrtunent, which is initiated through an dectrwiic terminal, telephonic i~stsment, ccunputer, ar magnetic tape so as to order, instruct. or authorize a financial institiuion W debit or credit as account. Such term includes, but is, not limited to. point-0f-sale transfers, autcunated teller machine transactions, transfers initiated by telephone. wire transfas, and automated clearinghouse transfers. (L) "Escrow Items" means those items that sae described in Section 3. (M) "11~cellaneous Proceeds" means any caution, settlemant, award of damages, or proceeds paid by ar-y third party (other than insurance proceeds paid under the coverages described in Section ~ for. (I) damage to, or desrctscttan af, the Property; (ii) condemnation or other taking of all or arty part of the Property; ('iii) conveyance in lieu of condannation; or (iv) misneprnsentatloffi of, or omissions as to, the value andlor condition of the Property. (1V) "14lortgage insurance" means insurance protecting lender against the nonpayment of, or default on, the Loan. {O) "Pglodlc Payment" means the regularly scYieduted amount due for C) P~iP~ and iatenst undo the Note, plus (ri) any amaurus under Section 3 of this Severity Instnmient. oogsel4iiz ~.~: (~'SAtt'A) (ao-) P~ 2 d +e Fwm 3~9 UiD1 BK t 901 PG4823 07!282009 10:10:44 AM CUMBERLAND COUNTY Inst.# 200510726 -Page 2 of 17 {p) "RLSFA" means the Real Estate Seulernent Procedures Act (12 U.S.C. section 2601 et seq.) and its ~~~8 n8~~, Regulation X (24 C.P.R. Part 3500j, as they might he amended from lime to time, or any additional ar successor legislation or regulation that governs the same subject matoer. As used in this y Tnsbltgnent, °RFSPA" refers to all requir~-ents std resbricdons that are ' m regard to a `5odrsa~li~yy~~__r~e~lated mortgage Loan" even if the I.oaa does mt qualify as a "fodcrally re t~ mortgago koan" under RBSPA. (Q} "Su~or k Interest of Borrawer" means any party that ha. talaen tick to the Property. whether or not drat party has assuated Borrower's obligations under the Norte attdlor this Security Inahzanent. TRANSFER OF RIGHTS IIV 'THE PROPERTY This Security 7nstnmoent secures to Lender: (i) the relsaymwt of the Loan, aad all renewals. extGOSfons and modiScations of the Note: and (ii) the performance of Borrower's covenants and agreezue~uts under this Security Insttvme~ sad the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (safely as noani>xe for Lender and Lender's successors and assigns) and to the suacessors and assigns of MFRS, the following described property located is the County IType of Roeord~ 7arisdicticAl Of Cumborlaad [Flame oP> Juriadictioa]: All that tract or parcel of land as shown on Schedule "11" attached hereto which is incorporated herein sad siade a part hereof. ,R tom! (Chi , _ ' .. ~:`f~3P Coael ("Property Address'?: TtJGETHER V4rITH all the ' rovements now ar l>ueaitcr eroded on the property, and all easau>eats, bee arvered ' ~ Ems ~°°w or~ a part of the prn~ertq. Alt rop)ae~ area additiams shall also by Security Instrtimaot. All of the fore is refeared to in this Seauity Instrvat~ent as the "Property." Borrower understands a,od agrees that lblS olds wady legal title to wa inoer+ests gtauted 6y Borrower in this Security Instrum~t, but, ig ~` to comply with kw ar cwatom,l-~RS (as noatrna for Lender and LezDder's stucessors std aasigm) hes the ri .t~W euxcyse arty or all of thr>rse its, iactgding, but rrot limltod to, the right to fottclose sad >:ell the :and to tabc any action r+equined of Leader including, but not limited to, rrleasit~g arxi canceling this Setanity Instrnmeat. 005161411? / (/ 1raa~w: rc-I ~ ~~BA(PAy ~~ Paaa s a is Form 8039 11b1 ~ ~ so ~ ~s4$2~ _ ..........~ _..r_......_._._.-- _ - __ ..... _.....:.. --__-. l?7/28J2009 10:10:44 AM CUM8ERL4N0 COUNTY I~st# 200510726 -page 3 0(17 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 Propexty is unatcumbered, except for encumbrances of record. Borrower warrants and will dcknd generally the title m the Property agaimst all claims and demands, subject m a~ encumbrances of record. TINS SECURITY INSTRIJMFNT combines unifrnsn covenants for national use ark non-inform covenants with limited vatiatioru by jurisdiction to constitute a uniform security iavtrurnent covering real pY• UNiPORM COVENANTS. Borrower aril Lender covenant and agree as follows: 1. Payment of Prirrclpal, Laterest, Escrow Items, Prepayment Cbar®es, sac! Late Chars. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note anti arty prepaymera charges and late charges due under tibe Note. Borrower shall also pay funds for Escrow Iienas pursuant to Section 3. Payments dce under the Note anEl this Security Irrsnument shall be made in U.S. currency. However, if any clsck or other insttuatent received by Leader as payment under the Noce or this Security Instrument is rewrned w Leader unpaid, Lender may require that any or sit subsequent payments due uadar the Note and this Security Instrument be made in one or more of the following form's, as selecxed by Lender: (a) cash; (b) money order, (c) certified cheek, batilc chock, treastu+er's check a¢' cashier's check, provided any such check is drawn upon an irtstidrtioa whose deposits are insured by a frderal agency, inctrume[uality, or entity; or (d) Electronic 1?u~ls Transfer. Payments are dedztied reorlved by Lender when received at the location designated' is the Notc or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Leader may netum am PaY~ or p~ payment if the Payment or partial Payments are insuffxtient to bring the Loan curr+ertt. Lender may accept any payment or partial payment instr~cae~ too bring the Loan current, without waiver of any .rights hereunder or prejudice to its rights to refuse such payment or partial paymaots in the future, but Lender is not obligated to apply such payments at the time such paymea>rs are accxpted. If each Periodic Paymaot is applied as of its scheduled .due date, then bender Hoed Trot pay inter+cst on usapplied fi-ads. Lember may hold such ,u~appliod funds until Bormw~er makes Payment to bring the Lean ctunnt. If Borrower does not do so within a reasonable period of tip, Lender shalt either apply such fiords or return them to Borrower. If not applied earlier, such fiords will be applies to the outstanding principal balance u~cr the Note immediately prior to foreclosure. No offset or claim whirb Borrower might have now or in the future agaimt Lender shall relieve Borrower from making Payments doe under die Note and tlils Security Instrument or performing the covenants and agroements secau+ed by this Security Instrument. 2. Application of Paynrer~s or Proceeds. Except as otherwise described in this Section 2, afl payments acceptod and applied by Lender shall be applied in the following order of priority: (a) itrta~eat due under the Note: (b) prizY:ipat due uackr the Nate; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment is the order in which it became due. Any remaining amounts shall be applied 5rst to late charges, second to airy odor amounts due under this Security Instrument, acrd then to rndnce the nincipal balance of the Note. If bender receives a payment from Borrower for a delinquent Periodic Payment which includes a sutficient amount w pay any ]ate c]rarge due, the payment may be applied to the deiingneni payment a~ the late charge. If more than one Periodic Payment 1$ outstanding. Levier may apply ~Y Payment received fmm Borrower to the repayment of the Periodic Payments if, and w the extent that, each payment can be paid In ~~"P~ ~~, rp.~a~e 8Kt90tpG4825 ~~ Fora- ao~ iron 07/28/2009 10:10:44 AM CUMBERLAND COUNTY Inst# 200510726 -Page 4 of 17 full. To the extent that any excess exists after the payment is applied to the full payment of one or store Periodic Payments, such extxss may be applied to any late charges due. Voluntary Prepayments shall be applied fast to anY P~Y~ ~g~ and then as described in the Note. Any application of Payments, Insurance proceeds, or Miscxii2noats Proceods to Principal due under the Noce shall not ratend or paatpone the doe date, or change toe amount, of the Periodic Payments. 3. l?Ytnds for F.acrow Ittrru. Borrowea shall Pay m Lender on the day Periodic Payn>eots are due under the Note, until the Note is paid in fltll, a sum (tht: "Punids") to provide for payment of amours due for: (a) taxes and assessments anti other ittnts which can attain priority ova this Security Inshvment as a lion or ena~mbraace on the Property: (ts) leasehold payments or ground reins on the Property. if atry: (c) premiums for any and all insurance required by Lender under Section S: and (d) Mortgage Insurattoe prtmttana, if auy, err aiory sums payable by Borrower to Lender in lira of the payment of Mortgage Insurance prrmiuma in accxtrdaacx with the provisions of Secxiott 10. These items att called "Escrow Items." At oritginaGion or at any time dozing tht: term of the Loan, Leader may require that G~omanity Association Dues. Fees, a~ AS,vessnteaGS, if any, be escrowed by Borrower, and stub. dues, fees and assessmergs shall be an Escrow Item. Botroweer shall promptly furnish to Lender all entices of atnourrts w be paid under this Section. Borrower shall pay Lender the Funds for Svcrow Items unless Lender waives Bornower's obiigatioar to pay the Ponds fig arty or all Esea+ow Items. Lender may waive Bmmwer's obligation m pay m Lender Panels for nay or aA F.scrow'Ibems arany time. Aay such waiver may only be in writing. In the event of such waiver, Horrower shall PaY ~t~Y. when and where payable, the amounts due for any Estxow Itezns 1nr which payment of Funds has ban wafved by Leander and, if Lender requires, shall burnish to Lender receipts evidearcing sash payment within .such time period as Lender may .require. Borrower's obligation m make sack Payments a~ to provide raxipES shall for atl purposes be deemed to be a covenant and agrecarent corUained is this Soauity Instrtnnent, as the phrase "covenant and agreement" is used is Secxlon 4. If Borrower is obligated m pay Escrow Items directly, pursuant w a waiver, and Borrower fans to pay the amount due for an Escrow Item, Lender may woercise its rights andCl Section 9 and pay such amount and Bortnwer shall then be obligated under Section 9 to tray to Lender any such amount. Lender may revoke the waiver as to any or all li4crow Items at any time by a notice given in accordance with Section 15 ate, upon such revocation, Borrower shall pay m Leader all Funds, and in each amounts. that are then required under this Secxion 3. Lender may, at any time, collect srYl hold Foods in an amount (a) sufficient t0 permit Lender to apply lire Funds at the time specified under RESPA, and (b) ant m eatc-eed the maximum amouna a lender can t~equire mailer l2ESPA. Lender shall estimate the amount of Panda tine on the basis of current data and reasonable estimates of tapeflditurra of fudu+e Escrow Items or odreervviso is actxrdance with Applicable Law. TIC Fonds shall be held in as institution whose deposits are insured by a tloder'al agency, irtsbtlity, or entity (including Lender, if Leader Is as institution whose deposits are so insured) or in auy Federal Hearn Loan Bank. Leader shall apply the Ponds W pay the Escrow Items no lager than the time specified under RESPA. Lender shall not charge Borrower for holding a~ applying the Ponds. anraraUy affifyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Farads and Applicable Law pemrita Lender to malae each a charge. Unless an agrtentrat is made is writing or Applicable Law requires interest !b be paid on the Panels, Lender shall rot be required to pay Borrower any interest err earnings on the Farads. Borrower and Lender can agree in writing, however, that interest shall be paid on the ~~~k ~~OA(ZaJ~ (n~Wn P.y. b d ~e Fottn 8099 1101 SK 1901 PG4826 67/28/2009 10:10:A4 AM CUMBERLAND COUNTY I ~sL# 200510726 -Page 5 of 17 Funds. Lender shall give to Borrower, without charge, an arunral accounting of the Fulls as requirtd by RESPA. ff there is a surplus of Funds held in escrow. as defined under RESPA, Lender shall a~ to Borrower for the excess funds is accordance with RESPA. If there 3s a shortage of Punta hdd is escrow, as defined under RHSPA, Lender sha11 notify Borrower as required by RBSPA, acrd Borrowrrr shall pay to Lender the atnamrtt necessary to arake up the shortage in accordance with RESPA, but in m more than 12 monthly payments. If thcxe is a deficiency of Funds bald in escrow, as defmod under RESPA, Lender shah notify Borrower as required by RBSPA, and Borrower shall pay to Lender the amount accessary to make up the deficiency in accordance with RESPA, but in no more than 12 maatiriy payments. Upon Payment in full of aU sans scarred by this Security Instrument. Leader shall promptly rtrfund to Borrower a~+ Funds held by Lender. 4. Ctrer~es; Bens. Borrower shall Pay su ta~oes, asaeasments, charges, fines, an<! irnuositiom attributable to the Property which can attain priority ovtr this Seanity Insttlrment, leasehold payments or ground rents on the Property, if any, and C.ornmtrnity Asaoeiatio~n Dues, Fees, and Assam, if any. To the extent that these items are Escrow Items. Borrower shall pay them in the manner provided in Section 3. Borrower shall pranptiy dischazge any ilea which has priority over this Sxurity Insttuarent unless Borrower: (a) agrees in writing w the payment of fire obligation scarred by the lien in a meaner acceptable in Lerder, but only so long as Borrower is performing arch agreement: (b) contests the lira is good faith by, or defends against enforerarent of .the lies in, legal proceedings why is Lender's opinion operate to preve~ the enfotrentent of the lien while those proceedings are perming, but only until such praeedings are conchrded: ~ (c) scours from the holder of the lien an agrees satisfactory to Lender subordinating the lien to this Searrity L>stroroent. If Leader determines that any part of the Property is subject to a lien which can attain priority over this Seauity Instrvnuent, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or ta>Qe one or more of the actior>s set forth above is this Secxion 4. Lander may require Borrower to pay none-fume charge for a veal estate tax verification and/or reporting service used by Lander in coon with this Loan. 5. Property insurance. Borrower shall keep the improvements now existing or hereafter erxoed on the Property. insured against loss by fire, hardrda included within the term "e~dended coverage," and any other hazards including. but trot limited to, earthquakes and floods. fur whldr Lender requires iasurantx. This insarance shall be maintained in the amounts (iachrding deductible levels) sad far the periods that Lender requires. What Lender requires pursaat>t to the pra:ediog aeatences am change during the Cerai of the Loan. The insurance carrier providing the imtuanct shall 6e chosen by Borrower subject to Lerder's right to disapprove Borrower's choicx, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connexion with this Loaa, either: (a) a onetime charge for flood zone determination, cerdficatian and tracking services: or (b) a one-tune charge for Hood zone deterrninatlon and certification services and subsogner~ charges each time remappings or similar c6ang+es oaarr which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of airy fens unposed by the Federal Bmergarcy Managemerrc Agency in connexion with the review of any flood roue determination resulting frceu an objexion by Borrower. wow: L~~ A~ ~ P.o.ed,. 9 t:~r,a~ ,~, BKl90iPG4827 0712&2009 10:10:44 AM CUMBERLAND COUNTY inst.#200510726 -Page 6 of 17 If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage, at Lender's option and Harrotver's expense. LeMer is under no obligation to purchase any particxtlar type or amount of coverage. Therefore, such coverage shalt cover Lender, but might os might rot protect Borrower, Borrower's equity in the Property. err the txmteots of the Property, against any risk, harard or liability and migtit provide greatu or lesser coverage than was previously in effect. Borrower acktwwledges that the cost of the insurance coverage so ohtainod migho signi5cantty exrxed the cyst of insurance that Borrower could have obtainod. Any amouda disbursed by bender under this Secxion 5 shall become additioffil debt of Borrower severed by this Severity I~oent. These amounts shall bear imerest at the Note rate from the date of disbursrtnent and shalt be payable, with such interest, upon notice from Lender i4 Borrower requesting payment. All insurance policies raquirod by Lender and renewals of such pofides shall be subjecx to Lender's right to disapprove such. politico, shall include a standard mortgage clause, and shall name Leader as mortgagee aad/a~r as an addttionat loss payee. Lender shall have fie. right to hold the policies and renewal terttt~cates: Tf Lender requires, Borrower shall psnmptty give fA Leadex all receipts of paid prl;mnans and renewal notices. If Borrower obtains at~y form of irour>taee coverage, not otherwise required by Leader, far damage to, or destttrcdon of, the Property, such policy shall incl•~ a standard mortgage clause and shall name Lender as mortgagee and/or as as addttiomal Loss payee. In the event of loss, Borrower shall give p~rgmpt notice to the irtsurartco carrier and Lender. Lcntkx may make proof of Ions if not made p~rrnnpdy by Borrower. Unless Lender and Borrower otherwise ogee in writing. any insurance proceeds, whether or not the underlying Insurance was required by Leader, shall be apptiat ro restoration or repair of the Propraty. if the restoration or repair is ocomcnicaIIy feasrble and Lender's security is not lessrned. During such repair and restoration period, Leadex shaft have the right to bald such tn4urance proceeds until Lender has had an oppordinfty to inspxt such Property to ensure the wolic has. been completed to Lender's satisfaction, provided that such inspxaoa shall be undertalorn promptly. Lender may disburse proceeds for. the repairs aM t~storation is a single payment or in a series of progress payments as the worm is caanpteted. unless an a is made is writing or Applicable Law requira interest to be paid on such inslu~aace proceeds, Lender shalt not be required to pay Borrower a~+ inteerest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurancx proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would 6e lessened, the insuuance proceeds shall be aapllal to tIu stm~s secured by this Secmity insttimo~ent, whether or not then due. with the canes, if nay, paid to Harrower. Stich insurance proceeds shall be applied in the order provided for' in Bettina 2. If Borrower abandons the Property, Lender may ille, negotiaoe and settle any available insurarce claim and related matters. Tf Borrower does rot respond within 30 days to a notice from bender that the Losuraroe carrier has offarcd to settle a claim, then Leader may negoti~e and settle the claim. The 3O-day period will bogie whey the notice is given. In either event, or if Leader acquires the Property order Section 22 or otherwise, Borrower hereby assigns tti leader (a) Borrower's rights W arty insurance proceeds in an amount not to earned the amounts unpaid under tiu Note ar this Security Inspnnment, and (b) any other of Borrower's rights (other than the right m nay refund of unearned prams paid by Borrowea~ under aU itmaance pollclev covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either w repair or restore the ~ or to pay amounts unpaid ender the Note or this Security Instrument, whether or not then due. ~~.i.: ~~/~tP~ (pp'n Ppt 7 d 16 t"'O~rll'~ 1/0'1 BKl9OtP64828 07/28/2009 10:10:44 AM CUMBERLAND COUNTY inst.# 200510726 -Page 7 of t 7 b. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days a8er the eae~ution of this Savrity Instrument and shall contimte to occupy the Property as Borrower's principal residence for at ),east one year after the date of oaarpancy. notes Lcltder otherwise agrees in wriring, whidt consent shall na be unreasonably withheld, or unk~ss c:tem>a<ing ancumstances exist which are beyond Borrower's control. ~. Preservation, Maintenance and Protection of the Property; Iraspedtorrs. Borrower shalt rot destroy, damage or impair the Property, allow the Property to deteriorate or cormnit waste on the Property. Whether or not Borrower fe residing in the Property, Borrower shag maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition Unless ii is determined pursuant to Section 5 that repair or restoration is not econannicatly feasible, Borrower shall protapdy repair the Proptrty if damaged to avoid further deterioradon or damage. If insurance or coademnatioa proceeds are paid in cronnatii~ with damage to, or the taking of, the Property. Borrower shad be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. bender may disburse pressure for the rglaira sad restoration in a single Payment or in a series of progress payments as the work is completed. If the insurance or ~ proceeds arc not suoll'iaent to repair or restore. the Property, Borrower is not rr,]ieved of Borrower's obligation for the oomplction of such. repair or restoration. Lender or its agent may make reasonable et><riev upon and inspedioag of the Prnptrty. If i< bas reasonable cause, Lendar may inspect the interior of the improvements on the Property. Leader shall g[ve Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan AppHc~tion. Borrower shall be in detat:k if, during the Loan application process, Borrower or any persons or Ct>tities sexing at the d"iraxion of Borrower err with Borrower's knowledge or consent -gave materially false, misleading, or inaxorate information ar statements to Lender (or tailed to providt Lender with material information) in connecxion with the Loan. Material repreaentatior-s include, but are not limited to, ttpresentations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protsction of Larder's Interest In the Property sad Rights Under this Security Instal'tanent. If {a) Borrower fails to perform the ta7venants and agt+eernents contained in this Security lnstttunertt, (b1 dire is a legal procxeding that might sigaificaatly affiect bender's interest in the Property and/or rights user this Sccnrity lnstrumeru (such as a proceeding is baolanptcy, probate, for coition or Sorfeinu+e, for enforcement of a Ilse which may attain priority over this Security Instrument or to enforce laws or reg+Qlattons), or (c) Harrower Maas abandorod the Property. then Lender may do atYl pay for whatever is reasonable or appropriate to protect Letder•s interest in the Property a~ rights under this Security Instrument. iaduding protenttng sud/or as:essilog the value of the Property, and securing and/or r+~airing the Property. Lender's actioro can include, bet are not limited to: (a) Paying any sums secunecl by a lien which has priority over this Security Instrument: (b) appearing in court; aid (c) paying t+easonabk atta~rneys' fees to protect its interest in the Property armor rights under this Security Instrument, iacltuling its secured position in a bankruptcy Proceeding. Socnring the Property inclucks. but rs rot limited to, entering the Property to maker repairs, change locks. replace or board uP doors and windows, drain water from pipes, eliminate bullding or other code violations or dangeraas conditions, a~ 'save utilities turned on or off. Although Colder may take action under this Secxion 9. Le~et does rat have to do so affi is not under any dtrry or obligation to do so. It is agreed that bender incurs no liability for not taking any or all actions authorized under this Section 9. ,~: ~ ~ t~.eatPnl ~•~., Pp.. ~,a ~ wr.n atts9 SKI9O1PG4829 07/282009 10:10:44 AM CUMBERLAND COUNTY -~ ~~ _..~._.~__ Inst.#200510725 -Page 8 of 17 motion 9 ~ beck ~Nv oo ~ fmm ~ ~ f yy lc~r ~,~ shalt ~, t ~ac r to ~,nower r ser ~ b7- ~ ~~ ~y ~, ;~cresc. ~' ~ with ali the Provis'°ns °f and shalt ~ mr~ ~ on a taaschold' B°ar`ower ~ ° ~y ~ s~au t~ Sec~y ~ p:operc3-, ~ tessebpld inau*a~ ~ a cozxltdon of ~ ~icason, ~~. If ~~n, Mo9 ~ dme 10 ~ ~y tk~c p~runa ~~ dY L~ ~rtd to malae ~~~ w own Barmy' I'e coverage ~ ~ paY ~ ~~ substa~attY ~ ~ M° tided s"~' ~~sura~nce, Borm'~' fn eifea• ~ a ~ ~~aoe mortF~ shalt p~ dae P~`~ ~ ~~ort~ ~Y ~` is nrat a'lastable` ~ ~~ura~ aqulvalex~ Mme ink ~ °~ live Y tf sum ~ ~ sepa~~~n~ t~ a ~c s ~ l,Cnder yip, acce~• ~ ~ refim ;fit or ~ tQ ~ ~ ~ cffe~, I.cader~ loss reae~ ~ ~y Borrower ~~ coverage (uti. min Lcu of Morignge wand L ~ ~ payma~ ~ Mott8~8e Lem becaa~ t~s t selected l-Y ~s ~abelY ~ nn loaBer ra9~ by an iusu~ the ~ Ma and an sn~ losses ~ that L~ ~ dpi ?~Y ~ Loan` aacra~ the amw~ and L~ requl~ Icy ~ a far Mcut6aP~ a~~~dabte lots av~a3labte' is~ ~y p~Y , or w ~ ~~ to to Motitt~ ui a~ by pk ~dpn )n the Note- r M or until vided shoo paY ~ regnl°~ ' d'mg ~, s1xh ~°~10nm ~y inr ~ ~ cater n low ~ ToaY betel ~ S 10 anYntha ~~party ~ ~ do~• ~ ~sn Law' M,~gage~ ~ note ~ ~~k~on alt ~ insura~o losses. '~ ttncee tncnr if l3arro ~~ ev~te t~ ~ std ~ r ~ ~ ,mss ~~ ~ fib Mme yvith aher 1 do tlye mai°snsv~ ~ maYc payme~ f~ ~ o ~ ~cvndid+ans ~y~i'~-dce~ < may t °~t~ ~ ~;nsurer, ~Y may der's~ ~ , aav p,~chas~ ~~ 'Yrtlq~ ~°g` Pm°eiums)• for provtaes ~ ~ a result of tbuCSa o°6"f ~ Of the fom8~` ~Y 'B paY~ Mo~agtea~ ~tlre attxer ~,, or any ~~t as} a Tprtion os redudnS 1 ~ of the P~vms l~ or mt13~ mortgage f~s~'in8 ° ~ ~s~c of ~s~~e ~ gorrm~' ~ tb~e iz>s~• o~ a ~ a of ~ ~1c~Bor~~' to a~ • M~ a~ ~ 2VI ~~' ~ ~ ~ rrat r 4.~~-1~( Fotm ~ 1a1 P~yd16 ~K 19~ 1 P~483fl CUM6ER~-NO COUN'['r .. _._....._--~---'........,.... tn~# y0051072li * Page 8 of 7 07lZt1/2d09 10:10:d4 A1J~ (b) Any such agreements viii not street the rl~s Borrower has - it any -with respect to the Mortgage Insurance under the Harkmmers Protedlon Ad ar 1998 ar any other law. These e3gttta may include the rigs to receive certain diadoatrea, to request and obtain ~ of the Metrt~e Irtstuantx, to have the Moet~e iruttu'aatx td~ed cadiy, and/or to receive a retrmd of a~ Mortg~e Ineau~aoce pretdtatta that were wtraraed at tde tiara ai'such canexOsstou or terasinetion. 11. AadEttaaertt or ~ Proceeds; Fortdtm'e. Ail Miscdlaneotrs Proceeds are Ircreby assigned to aM slurp be: paid to Le~dtx. If the property is damaged, each M'iscellaneona Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is ccoaorrl;it~lly feaalbk and Lender's saarrity ;s rot lessened. During such repair and restoration period, Lander shall have the right to hold such INist:ellaaeolts Proceeds until Iamda bas had as opportunity to lnspetx at>etr Property Oo erwur+e the wmk has bean completed to Leader's satlsfrr~tian, provided that such iaapexdon shad be tndGrtaloen :promptly. Leader may pay for the repairs and restoration in a, eirigle disblasemea< or in a aeries of progr+eas paymetats as the watts is completed. Unless an is made in twrtt[ng or Applicable Law requires inter+rst to be paid on sorb lirliacellaaeoua Pr+oaeds, Leader shall not be toquired to pay Borrotvex any interest ~ e`araings on such Mistxllaneaus Proceeds. ff the restoration or repair is n~ ~- fesaibie ~ Leader's sec~mtiity would he le~serled, the Misceilanoous Proceeds shall bt applied m dte sums mcared hY this Sacnrity Instrulaotmt, whether or not then tine, with the erase, if atry, paid to Borrower. Such A~iscellaneous Prncxeda shall be applied is the order provided for in Se:c~on 2 In the: event of a total taking, destruction, ar lass in valve of the Property. the Miscxllaaeous Praceecls shall be applied to the sums scared by this Sexatrfty Instrument, wl>Citu or mt then due, with the emcss, if any, paid m Borrower. In rite: event of a partial taking, destruction, or loss is valve of the Property is which the fair market value of the Property itra~distely, before the partial taking, destruction, or loss is valve is equal b or gresoer titan the amount of the: sums sxured by this Saaaity ?nstnaaeut immediatdy before the partlak takng, destruction, or toss in vahre, uaicss Bort+a~ver ud Leodrx otherwise agree in writing, the stuns sectu+ak by this Security Instrument shell be reduced by ibe amount of tha kViisoellanoaus Proceeds multipliod by the following fraction: (a) the total amount of the soma sa7trod immediately before the partial taidrtg, destruction, or loss in value divided by (b) the fair mat;kst value of the Prnpcrty Inmlodiately before the partial taking, destluction, or Ions in value. Any balance shall be paid m Borrower. in the event of a partial taking, destruction, or Loss in valve of the Property in which the fair market value of the Properly 3mo>ediwtely before the partial rafting, des-.tttctiort, or ions in value is lass than the amount of Hu sums sexvr'od immaiiadety befaae the partial taking, dextruction, or loss in vahue, uakss Borrower and Lender otherwise agree in writing, the Miacxllaltcous Proceeds shall be applkd to the sums secured by this Security Instrument whether ar not the sums are then tine. If the Property is abandoned by Borrower, or if, atixx notice by Leader to Borrowu that the Opposing Party (as dediraed in the arxt aenteoex) otters ro maiac an award to settle a claim tar damages, Borrower fails to respond to Lender within 30 days alter the date the entice is giveat, Lender is authorized to colla:t a~ apply the Miscr3isneats proceeds either to resboratiort or repair of the property a to the awns secured by this Soauity Instrument, wig or not rhea due:. "Opposing Party" means tite ttdrd party that owes Harrower Miscellarseaas proceeds or the party agaiagt whom Borr+oarer has a right of action in regard to Miscetlaneatu Proceeds. • Borrower shall be iri default if any action or pzacsxding, vvhexber civil or criminal. is .began that, in Lealder's judgment,. cwld result in forfeidtre of the Pr+opetty or other material lmpairmeat of Lt's interest in the Property or rights ender this Seeatrity i~oatnament. Bormwra can cure such a default sad, if acaleratioa bas ocx~ulrod: reinsmte as provided in Barrios 19, by causing tip action or pmcrodiag to be dismissed wilt a ruling that, in Larder's judgment, prechtdea forfeiture of the Property or other material iu-pairmeat of ~.iA(PA) laos~ Pew t0 d M f=orm ~ 11a7 BKj9DiPG483t !17/7Rl9009 10:10:44 AM CUMBERLAND COUFtTY I~t.# 200510726 -Page 10 of 17 Lender's interest in ilia Property or rights under this Security Instrument The proceeds of any award ar claim for damages that are attributable to the impaimunt of Lender's interest in the Property are herrby assigned and shall be paid to Leader. All Misoel>aneotrs Procecda that are not applied to restoration ar repair of the Property shall be applied in the order providai for la Section 2. 12. Borrower Not Released; lPbrbearance By Lerutesr Nat a Waive. Extension of the time for payment or modification of annortizadon of the sums secured by this Security Instrument granted by Ltader to Borrower or any Successor is Interest of Borrower shall not operate to release the liability of 8arrower or any S~rCCessors in Interest of Borrower. Lender shall not be retluired to pracxediaigs against any S~rocessor in Interest of Borrower or to taffies to extend time Eor paymient or otherwise modify amor~on of the sums severed by this Security Insatunent by reason of a~ demand made by the original Harrower or any Successors in hlterest of Borrower. Air forbearance by Leader in ertercdsin$ say right or remedy including, without limitation, Leader's acceptartx of paymaots frown third persona, entities or Sircoessars in hrber+est of Barrowcr or is amounts less thaw the amamt then due, shall not be a waiver of or preclude the exerdse of a~ right or remedy. 13. Joint and Severs! Liability; Co-s~ners; Suotxssora a~rrd AasiSac Board. 8orrowrx covenanti4 ana agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs @tis Secuuity Instrument but does not execute the Note (a "cor7. (a) is oasigoinB this 5~ritY Dent oNy m mortgage, grant and convry the co-signer's interest In dtc Pr+opc~cty under the tarns of this Severity Instrument: (b) is sot pasorratly abiIgated to Pay the sums severed by this Security Instrvment; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or maloc any acca~mmodations with regard to the terms of this Secutlty Instrument or the Note without the co-signer's consent. Subject to the provisions of Suction 18, any Successor' in Interest of Borrower who assumes Bozrower's obligations under this Security Instrument in writing, and is approved by Lender. shall obtain all of Boa+ovver's rigs and benefits under this Severity hrstrument Borrower shall not be released from Borrower's obligations and liability under this Seventy h>strurnertt uNess Lender agrees to such release in writing. The covenants and agents of this Security Instromeatt shall bind (except as provided in Section 20} and benefit the successors and assigns of Lauder. 14. Loan Charges. Leader may charge Borrower fees fo: services perfarmuod in connecxion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this. Severity Instrement, including, brit not limited w, attorneys' tees, propei#y inspection and vahration lists. In regard to any other fees, the absence of express atuhodty in this Security Instrumeng W charge a specific fee to Borrower shall rant be construed as a prohibition on the c2targiag of such fee. Lender may rat charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is sabject to a law which sets maximtuni loan charges, and that law is finally intaprrtod so that flue interest or other loan charges collected or to be collocted in connection with flu Loan exceed the permitted limits. then: (a) any such loan charge shall be redueod by the amount necessary to reduce the charge ro the pcrrniued limit: and (b) any sumo already colleaod from Borrower which exrxedul pemoitted lirafts will be refunded to Borrower. Leader may choose to maloe this r~rnd by inducing the principal owed nndrr the Note or by ~6 a direct payment to Borrower. If a retired redruxs principal, the reduction will be treated as a partial prepaymern without suy Prepayment charge (whether or not a pttipayment is provided for under tlu Note). Borrower's aocup<ancx of a~ such nefirtd made by direct payment to Bori+ovver will constitute a waiver of a~ right of action Borrower might havt arising out of such overcharge. o7ntuzoos to:to:aa ~ ~~aP~ ~~, Pae~ 1 i d 18 $190}PG4832 ~.: .~,~ Form ~ 1M1 cuMeel~uwo coulvrv Inst# Zod510726 -Page 1 i of 17 15. Notloes. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in conaction wits this Security lastrumient shalt be deemed to have been given m Borrower when mailed by fast c4~as mat! or whw atxriauy delivered m Borrower's notice address if sent by other means. Notice to any one Borrower stall canstitate ratite to all Baa+ow+erg unless Applicable Iaw expressly requires otheiwiae. The Hotta address shall be the Property Address unless Borrower has designated a substitute notice .address by entice to Leader. Harrower shall P~pnY m~Y Linder of Borrower's change of address. If Lender specifies a protxdtir+e for reporting Borrowtr's change of address, then Borrower shall only rgiort a ~t of address thraagli that spedfied protxdrue. Tbert~ may be only one designated notice address under this Security Iztstitiament at any omt thne. Any ncidce to bender shalt be given by delivering It or by mailing it by first class mail to letder's address stated herdn nnteas I.eridtr has designated atafher address by notice >n Borrower. A~ entice in oonnex~ioa with this Security Instrment shall not be deaned to have been given to I.erider until actually received by leader. TF a~ nodVice required by this Security Insdcunueta is also required nrtder Applicable Law. the Applicable Law requiratient will satisfy the corresponding r+egtziz~cnt under this Stauity Instrument. 16. Goverrdiig Law; 5~ Rirtett of Cotietrtiction. 'this Security Instrument shag be governd by federal law a~ the law of the juasdicpon in which the Property is located. All rights and obligations contattred in this Seauiry Instrument ate subject to any rrquir acid limimbioas of Applicable Law. Applicable I.aw might explicitly or icoplicifly allow the parties ~ agt+ee by contract or it might be silem, bnt such silence shall rot be coristrueci as a prohibition against agreaouent by ooritract. In the event that any provision or clause of this Security Instrumem or the Note with A~ Law, atirh conS&x shall not affect other provisions of this Setxiriry Instrtiuoetu air the Nox which can be gives effax without the cordlidiiig provision. As used in this Saxitity Instrument: (a) words of the masculine gender shall mean azYl include correspauiding neuter .words or words of the f>ratinirie gender; (b) words in the singiitar shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretiaon without auy obligation to take any acd{on. 17. Ba~rosver's Copy. Borrower shall be given our copy of the Note anti of this Security instrtmnent. 18. Trariefec of tiie Property or a Beaelteial Itikr+est to Borr~wrer. As used in this Section 18, "Intertst in the Property" means any legal or bena8clal inbexest in the Property, including, but not limited to, those beneficial lrgettsts ttansf+erred in a bond 6or deed, contract fie: dad. install>z>mt sales contract or escrow agteemuit, the intent of which is the transkr of title by Harrower at a future date w a purchaser. If ail or any part of die Property or a~ Interest in the Property is sold ar transEea'rtd (ar H Boaower is not a t>atural person std a beneficial interest is Borrower is sold ar tt~nsfxr:+ed) without l.eada's prior wtittea consent. bender tray t+equirc inmoxdiate payment in fait of all awns setxurod by this Security Instrument. However, this option shall riot bt exettixsed by Letdtr if snch c>oerdse is prohibitM by Applicable Iaw. If i.+ender aoercises this option, T.cader adsatt give Borrower notice of . The notice shall provide a pealed of not less than 30 days Elam the date the Walla is glues in amocdarioe with Saxton 15 widtin winch Borrower must pay ail sums socxrred by this Security InsNp~mneot. If Borrower lads to pay these sums prior t0 the expiration of this period, Lender may imoloc any rtaadies peamitted by this Security Instrument withwt further notice or demand on Borrower. 19. Barrnwx's 12ight to Reinstate After Ate. H Borrower meets certain canditiatZS, Borrower shall have the right W havt erffioru of this Stcurihr Instrument discontimrod at arty rme prior to the earIitst of (a} five days before salt of the Property pursuant w any power of sale contained In this Savrity Instrument: (b) such other period as Applicable law might specify far the termination of Borrower's right to r+einstaoe; ar (c) entry of a jadgment etrfnrcing this Securfty Iffitnmscnt. Those condidoas art that Borrower (a) pays Leader all sums which that would be due nuttier this Security Instrument sled the Note as if >a acceleaation had occurred; (b) sues any default of any other oovtaatits ar agreanents: (c) pays all ,~.: (~ L ~~PW ~ R.p. ~z a tie Form ataa 1A1 8K ! 90 ~ PG4833 R7/28lZOOg 10:10:44 AM CUMBERLAND COUNTY inst.J{ 200510726 -Page 12 of 17 expenses incurred in e~'orcing this Security Insonrnuat, including, but mt 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 Saarrity Iash+DUrmt; sari (d) takes such acxi~ as Lemcr may reasoatably require to assure that Lender's interest in the Property and rights ender this Serauity Insmmseat, and Borrower's obligation to pay the sums secured by this Security Instrument, ahaU camtitnre unchanged. Leader may require that Bonower pay such reinste~ent saws sari in one or more of the following forms, as selcaed by Leader. (a) cash: (b) money order; (c) certiScd c3reclc. bank chxk, treaaur+er's checit or cashier's cheek Provided any such check is drawn upon as institution whose deposits are insured by a 5ederal agency, instnmuentality or entity; or (d) Electronic F1mds 'I'ranshr. Upon reinatatemeat by BooTOwer, this security Instrument and obligations sewrnd hereby shall remain fully e1'~Ctlve as if ao accelaatian had ocaured. However, this i3aht to reinstate shall not apply in the aasc of accxhxation under Section ] 8. 2fl. Sak of Note; of Loan Servicrir; Notice. ~ C:rkva»ce. -The Noce or a partial interest in the Note (together with this Security 1nsalameat) can be sold one or mars thud without priaar notice to Barxower. A sale might result in a change in the entity (kmwn as the "Loan Setvicer") that collects Periodic Payments tine order the Note arul this Security hBirament and performs other mortgage loan servicing obligations order the Note. this Security Iri$Grument, and Applicable Law. Th.-re also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. ff there is a change of the Loan Servieer, Bearower viii be given written notice of the change which will state the name and address of the new Loan 5ervica'. the address to which payments shauki be made sad say other infornu«ion RESPA requires in cormecxion with a notice of transfer of servicing. If the Note is sold and thereaRtx' the Loan is serviced by a Loan 5ervicer other than the purchaser of the Note, the mortgage loan. servidng obligations to Borrower will remain with the Loan Servicer or be transferred to a sucxessaa~ Loan Se=vicer and are not assumed by the Nate purchaser unless otherwise provided by the Note prrmbaser. Neither Born~wer nor Lender may commence, join, or be joined to any judicial action (as tither an itdiyidval litggatrt or the number of a class) that arises frotrt the other party's actions pursuant to this Security h>strrrmerrt or that alleges that the other party has breached say pmvraioa of, or a~ duty owed by mason of, this Security Instrument, unfit aortic Borrower or bender has notified the other party (with such mdce gives in cornpliance with the requireurerus of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such noticx to tali corrective acnan Tf Applicable Law provides a time period which must elapse before certain action can be taloen, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of aoederadon and opporteuaity to care given to Bornnwer pursuant to Sidon Z2 and the notice of axeleradon given to Borrower pursuant to Section 18 steal! be deemed to satisfy the notice and opportunity to take ca~ive acdoar provLsior~s of this Sectioar 20. 21. Flazardous Srdrstances. As need io this Section 2]: (a) "Ha:ardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Fauvironm~ental" Law and the following substances: gasoline, ket+oseae, other llammrtbie or tmdc petroiarm products, tmdc peadcides acrd herbiades, volatile solvents, materials cantairtirAg asbestos or formaldehyde. and radioactive materials: (b) "Environrnemal Iaw" means federal laws and laws of tho jurisdiction where the Property is located that rrJaee to health, safety or crrvironrnental protection: (c) "Baviron:r~ental Gleararp" includes air response action, tenaedtal action, or removal action, as delittd is I?rrviro~al Law: and (d) an 'Environstretual Candidon" means a condition that can cause, contribute to, or otherwise trigger an Eavimnmental Cltamrp. -oA(P/ll h,.o~ P.p. ~a a tie f=orm 3030 1J01 BK~I901PG4834 07128/2009 10:10:44 AM CUMBt=BLAND COUtJTY Inst.A~ 200510728 -Page 13 of 17 Borrower shad not cause or permit the preseaoe, use, disposal. sto age, ar release of any Hazardous Substances, or threaten to release any Harardaua Su~tancea, on or m they Property. Borroara shall not do, mr aUow anyone aloe to do, anything the Property (~ that is in violation of any Favimnmentat Law. (b) which cr+~a0es an Bavirotmoental~ or (c which, due to the presence, use, or relate of a Hazardous substance, craxs a co~adldon that adversely the vahu ~ the The ping two sentences shall not apply Do the pre~aenecdx, use, os storage on the Pmpert)+ of sfn~gaaditiea of Hazardous Substances that are geoexally niimited ~h~n~n~~st~atxs conau~rr' products).~d to of the Property (Including. but aot to, Borrower slmil promptly give Lends wtit~ aotlt:e of (a) nay investlgsdon, claim, demand, lawsuit or other action by nay governmental or agency or private party invadevt'ng the a~ nay Hazardous Sl~ltstattce or Law of which BDCrower has ac~ttal kno (b) nay Fnvit+Dnmen<ai Condition, ittclutiag ~ ~ ~~ to, ~Y wag. ~n8, discharge, release or threat oaf trlease of any Hazardous Substance, and (c) a~ condition tsiused by the presence, nee ~ reelease of a Hazardous S~betaatx which edverardy.affegs tits: value ofp the Propaatnyy. Tf Boa~ower learns. or is notified by H~azardoa~s~Substaaoe a8'ecttng ihe~Property aeaaaary. B slzali promptly take ail ne~sary remodi t acdont is a~ with Euvironmeatal Law. Nothing herein shall create any obligation on Lender for an NON-UNIPORNi COVBI~IAN"fS. Borrower a~ Lender further covey and agree ss follows: 22. Ammon; Reraedias. L,ertder shag .give notiee to Borrower prier to atxxkratiar following Borro!wer's br+mch of sty covenant or.- ~enaertt in this Sets' )u~6nwent (but trot prier to under Sectbit ig unless ~4ppliauifie Law protides otherwise). Cartier sbatl mtlfy Borrower of, 8+a ether thitags: (~ the deter; (b) the adbn to are the default; (t:) vvh~gt the tie[a+uit moat be c~md; and (d) that failtQe to' cure- the detach as may resole ht acodaratioa ~ the stuns a by this L~trttardst, foreclouu'e by jute and role ~ the r- I.esKkr shsA slather inform of the right ba reiststate attar aaxldrdtlon and the rigpt to a~at to .the t`oredobvi-e procse~g the nett-e~dateaoe of a 'titer or smy other defame of Bw rower to aooeleratlon and torecktatre. If the det~tlt is oat a~sed as apecitied, Lender at its option mq >~K inunedfe3e p ist tldl of all Issas atctn:ed this Security vritiwttt tati~ demmnd and muy ioretloee this Seauity lusbrtmxnt by jv Lender shall be entSlai to polled all h>caured la -pts~ttitsg the ranedka m this Sed~t 22, indudis~ but not llmitcd to, attorneys' tern arui coats ~ tttk evtdmce to the attest permitted by AppSCabk Iaw. Z3. Release. Upon yment of all soma by this Seauity lnsuumeat, this Sa~rittyy lastument sad the estate conweltermtnete arri becaome void. ARer s~ ocaurenee. Lender shall dischsrg~ apd satisfy this Seamiy l Borrower shalt recordation costs. Deader may clmrge Bosmwer a fee f~releasdng this Seauity7nstnm~eeot,~~~lf the floe is paid to a thud pasty for services refired am! the of rile Ere is uadrr Law. 24. Walvta s.' Borrower, to tlu r.~eat permitted by Applic~We Law. waives and releases any error or defects in ptot~ediags to enforce this Seanity Inatrtuneat, and hereby waives the beaeSt of arty or furore laws pmvidiag for stay of exxution, won of tip, ezemptioa tromt athat•]ment, levy sale. and homeatad exartptdon. . 25. Reittatat~seat Parsed. Borrowu's time Lo reimmte provided in Section 19 shall ea~eend to tme hour prior to the DDent of bidding at a sheti8's sale or other sale pursuant to this Socarity Instnmment. 26. Purdtase Money Mortg~e. If of the debt seamed by thin Secmity lnsh,nmeat is lent to Borrower m acquire title m the Property, this Seauity la4tt~~ment shall be a purc~sc money mortgage. euter~ed onote ararm an action fortgage fortctosure shall be t paya~ time rounder the Note. ~~~~~ ~~/1(PA) t~l vy. a or ~s Form nano 1101 BK ! 90 ! PG4835 07!2812009 1 D:10:44 AM CUM8F~2LAND COUNTY Insi# 200510728 -Page 74 of 17 BY SFGNII~tG BELOW, Borrower accepts and agates to the temps a~ covenants contained in this Security lttstrument and. in airy !titter executed by Borrower a~ recorded with it; Witnesses: ~) -Bocrowa 005261!112 P.o. to c~ ie 8K 194 # PG4836 - (~ Horrownr _ (Seat) borrower _ (fin Bo~sower _ (Seal) -Earrower (Sean -Bortaw~er Form ?t1~a 11W 07/'lA/9n(19 10:10:44 AM CUMBERLAND COUNiY tnst# 200510726 -Page 15 of 17 COMMONWEALTfi OF PENNSYLVAl~iIA, C[l2®sIRL711iD Courrty ss: On this, the ~~ day of ~uv~" ' ~S~ , befare me, the 0', P«'~Y ~ Ilt GRAOLL ji >sIMS>:Y .7A J0~11~Ais L 1CINS=l[ (mown to me (or satisfactorily proven) to be the person(s) whose names} is/are subscribed to the within insbrumeat and acknowledged that htlshc/they execttted the same for the purposes herein contained. IN WITNESS WHEREOF, I hcrtvnbo set my hand and official seal. My Commission Expires: TH OF PENNSYLVANIA NctadalSeal AA01Iis~ C~lY~lr, No{ay Publ~ OMee•tMlandfealer`IYrp, YoAt CWir~Y MyCbtmlfotlon ~ M1g11t. 2009 FASmber. Psnnsyhanis AssodsMon Of Notaries f~ Title of Ol~xr Certlfft~te~O[~Re~sidltiCe I, ~ aadres S.Sf~- `~ ~'e~ do herby certify that the correct s of the named Mortgagee is P.O. Box 20?b, Fliut, MI 48501-2026. Witness my hand this ~1~~ day of ~~~,~ ~~J AYak ofMortssYee 005s61411Z „~,.;~~2 ~~lA(PA) ro+o~ rs. ~s a +s Potm a0~ 1M1 6~i901PG4837 n7nRnnns ~n: ~o:a4 Ann CUMBERLAND COUNTY InsL#200510726 - Page is of 17 EXHIBIT "A" ALL THAT CERTAIN tract of land situate _n the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the Southwest corer of "H" and North West Streets; thence along the Western side of North West Street South fourteen (14) degrees nine (09) minutes thirty-one (31) seconds West a distance of one hundred and two (102) fees to a point which is the Northeast corner of Lot No. 2 as shown on the Plan recorded in Plan Book 65 at Page 25 in the Office of the Recorder of Deeds in and for Cumberland County; thence along said Lot No. 2 North seventy-five (75) degrees .fifty (50) minutes twenty-nine (29) seconds West inadvertently stated as North in prior Deed but see Deed Book 117, Page 1153 a distance of one hundred and two (102) feet to a point on the East side of Lot 1B as shown on the Final Subdivision Plan of Morgan Way, dated 23 February, 1993 and recorded in Cumberland County Plan Book 66, Page 36; thence along said Lot 1B, North fourteen (14} degrees nine (09) minutes thirty-one (31} seconds East a distance of one hundred and two (102) feet to a point on the Southern side of "H" Street; thence at the Southern side of "H" Street South seventy-five (75) degrees fifty {50) minutes twenty-nine (29) seconds East a distance of one hundred and two {102) feet to a point, the Southwest corner of "H" and North West Streets, the place of BEGINNING. BEING known and numbered as 1140 North West Street. BEING THE SAME PREMISES which Harold B. Kivlan, III, t/a Dickinson Real Estate Investments, by Deed bearing date the 14th day of June, 2002, and recorded on 17th day of June, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Record Book 252, Page 1080, granted and conveyed unto Carroll E. Kinsey, Jr ._ and Joanne L. Kinsey, husband and wife. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. " "~ ~;~'~a ''' TAX MAP 0 - 43-409 _ I Certify this to be x~~^--a ~ ~' In Ciim~,...~.,.,.1 ~~ . ~~::1 it ~.; :*~. '~~` Recorder of Deeds B~# 194} 1 PG483$ A7YlA/7f)f!9 1R:1Q:44 AM CUMBERLAND COUNTY Inst#20051726-Page-17 of f7 EXHIBIT "B" ~`~ ~~ Gi ASSIGNMENT OF MORTGAGE ~~~~~~~~q~(~~~~ 001 L2Y KNOW ALI. 1vIE1V BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in wnsideration of the sum of ONE DOLLAR (51.00) lawful money unto it in hand paid by FIRST HORIZON ROME LOANS, A DIVISION OF FIRST TENNESSEE SANK NATIONAL ASSOCIATION, "Assignee;' the receipt whereof is acknowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignu, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by CARROLL E. KINSEY, JR and JOANNE L. KINSEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, WCORPORATED AS A NOMWEE FOR FIRST HORIZON' HOME LOAN CORPORATION, beating the date 03/'23/2005, in the amount of $127,000AO, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 03/3U2005 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Book 1901 Page 4$22, MIN: 1000852 0052614112 4. Being Known as Premises: 1140 NORTH WEST STREET, CARLISLE, PA 17013-1440 Parcel No: 06-19-1543-404 The transfer of the mortgage and accompanying righu was effective at the time the loan was sold and consideration passed to the Assignor. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third pazties on puhlic notice of what has been sold- Also the Bond or Obligation in the said Indenture of Mortgage tecitcd, 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 Righu, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOJ_D, RECHIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or mentioned and intended so to be, with the apputtertances unto Assigneo, its successors and assigns, to and for its only proper use, benefit artd bchoof forever, subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their huts and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its 'otporaj~ S_ea~l to be affixed and these presents to bo duly executed by its proper officers this ~ day of ~, rJCi , 2t Mortgage Electronic Registration Systems, Ina Sealed and Delivered By. ~/ ~~~r in the presence of us; ~CHQ~~, rWH Vice President State of Texas , County of Dallas ~~ On this f ~ day of ~ 2t~,, before nte, the subscriber, personally appeared P~B~~~, who ackaowlodgod hirn/herself to be the Vice Presidcat of Mortgage Electroak e atloa Systems, Ina, and that hdshe, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes thert:ia contained. iN WITNESS WHEREOF, I hereunto set my hand an ffici scat. .a"""'"4* R. E. AGUILAR ~ a NOTARY PUg(,~ _ Stain M1,,> STATE OF T~a(gg Notary tic My- Comm ~ pp.0B.2010 The precise address of dte Assignee is: 4000SORIZON WAY IRVIIHG, TX 7, 0 sy: (For Assign e) within named After re~rding returo fo: Phelan Hatlinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza PhiLsdelphia, PA 19103 August I8, 2009 Doenment Execution oos26Ia112 PHS # 213107 ~~„ onn,n ,o•are~ oe~ ri ir~ctFat antn rnt wrv Inst.# 2t>083a253 - Page 1 of 3 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200934253 Recorded On 10/5!1009 At 2x:30:49 PM * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number - 53623 User ID - RAK * Mortgagor - KINSEY, CARROLL E JR * Mortgagee -TENNESSEE BANK NATIONAL ASSOC * Customer -JAM * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER QF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $37.00 * Total Pages - 3 Cerflfication Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECQRDER Q B t)S • -Information deaoted by as asterisk may change during the verifleation proceu •ad may not be reflected on this page. iuiiuniRiwwu nv,aion,n ,o•va•on o-A fM I\ARFRI ANfI t^n11NTV Inct.lF 200934253 - Paae 3 of 3 C EXHIBIT "C" ,~ ~- Phelan Hallu~an & Schmicg, LLP Lawrence T. Phelan, Esq., Id No. 32227 _ Francis S. Hallinan, Esq., Id No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id No. 69849 ~. Judith T. Romano, Esq., Id No. 58745 Sheetal R Shah-Jani, Esq., Id. No. 8176(! Jenine R Davey, Esq., Id No. 87077 Lauren R Tabas, Esq., Id No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Eaq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id No. 206779 Andrew C. Brambletx, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn CenRer Plaza Philadelphia, PA 19103 21~-563-7000. 213107 FIRST HORIZON NOME LOANS, A DIVISION OF `FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff v. C_ N ca ~. `o T_~: c7 m~ _ _z :l} L' o L; m ~ •• w ATTORNEY FOR P~1~Il~1~'F COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~r Oq - 8378 C ivilTrw~. CARROLL E. KINSEY, TR. CUMBERLAND COUNTY JOAI3N$ L. KINSEY 300 WEST MAIl3 STREBT, APARTMENT B MECHP-NICSBURG, PA 17055 ;A~'ORNEY EIL.E COPY ~ PLEASE RETURN t. Defendants rVE: tieTeDy C@l'UTy ins vuithin to be a true and c~.Ar.Ti~N . T.AW COI'~Ct COpy Of file (':nMPi. T11T'I' TN MnRT[:A[;F F()RF,C''T,nSTJRF. ~1r~}+~~;.ca,' rl.. A.. . ~ e «:~~ ~~ re~rd File #: 213107 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment 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 BELOW. THI5 OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 F'le #: 213107 1. Plaintiff is FIRST HORIZON HOME LOANS, 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: CARROLL E. KINSEY, JR. JOANNE L. KINSEY 300 WEST MAIN STREET, APARTMENT B MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03!23/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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. 1901, Page 4822. By Assignment of Mortgage recorded 10/05/2009 the mortgage-was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. ZOt1934253. 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. S. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 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 #: 213107 6. The following amounts aze due on the mortgage: Principal Balance $121,020.65 Interest $6,664.25 02/01 /2009 through 12/42/2009 (Per Diern $21.85} Attorney's Fees $1,300.00 Cumulative Late Charges $200.70 03/23/2005 to 12/02/2009 Mortgage Insurance Premium / $30.00 Private Mortgage Insurance Cost of Suit and Title Search . `+5~ ()t) Subtotal $129,765.60 Escrow Credit $0.00 Deficit $0.00 Subtotal $S2.DIl TOTAL $129,765.60 7. 8. 9. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in-the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nni seeking a judgment of personal liability {ar an in pe~nnam 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 dischazge 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. The mortgage premises are yacaut and abandoned. File #: 213107 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,765.60, together with interest from 12!02/2009 at the rate of $21.85 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: PHELAN HALLINAN & SCHMIEG, LLP ~nce T. Phelan, ~sq., Id. No. 32227 cis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. b9849 Jydith T. Romano, Esq., Id. No. 58745 heetal R Shah-Jaui, 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 Attorneys -for Plaintiff File #: 213107 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the southwest corner of'H' and North West Streets; thence along the western side of North West Street South 14 degrees 09 minutes 31 seconds West a distance of 102 feet to a point which is the northeast corner of Lot No. 2 as shown on the Plan recorded in Plan Book 65 at Page 25 in the Office of the Recorder of Deeds in and for Cumberland County; thence along said Lot No. 2 North 75 degrees 50 minutes 29 seconds West [inadvertently stated as North in prior Deed but see Deed Book 117, Page 1153] a distance of 102 feet to a point on the East side of Lot 1B as shown on the Final Subdivision Plan of Morgan Way, dated February 23,1993 and recorded in Cumberland County Plan Book 66, at Page 36; thence along said Lot 1B, North 14 degrees 09 minutes 31 seconds East a distance of 102 feet to a point on the southern side of'H' Street; thence at the southern side of'H' Street South 75 degrees 50 minutes 29 seconds East a distance of 102 feet to a point, the southwest corner of'H' and North West Streets, the place of BEGINNING. Having thereon erected a dwelling known and numbered as 1140- North West Street. PARCEL N0.06-19-1643-404 PROPERTY BEING: 1140 NORTH WEST STREET File #: 213107 VERIFICATION Mike Fisher hereby states that he/she is t'""'"~ ~~"~ ~'~~ of METLIFE HOME LOAN servic" S, lclg 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 tins Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 49(}4 relating to unsworn falsification to authorities. _.___./1__,_~t..~~ Name: Mike Fisl~r DATE: ~ b~ Title: ~~~ vicc Presidcnl Company: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION File#: 2131Q7 Kinsey EXHIBIT "D" Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id No. 32227 Francis S. Hallman, Esq., Id. No: 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id No. 69849 3udith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Fsq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id No. 202331 Jay B. Jones, Esq., Id No. 86657 Peter J. Mulcahy, Esq., Id. No. -61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I: Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn~Center Plaza. Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. . CARROLL E. KINSEY, JR . JOANNE L. KINSEY Attorney for Plaintiff c~ N cF `=' d ~~ ~ ~ r'tr,, ~ r °:= ,:-.-- G ~'-' ~ ~' L ! ~= c., .:~ C'. O ~ w A~`1'O:R~~' ~~: CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVII. DIVISION No. 09-8378 CIVII. TERM Pi.E N~~: PRAECIPE FOR IN REM NDGMENT FOR FAII.URE TO ANSWER AND ASSESSMENT OF DAMAGES ~~~ U~ x;....11-`? J I•~ ~\~/ P~ R~~ a TO -THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CARROLL E. KINSEY, JR, and JOANNE L. I~NNSEY, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $129,765.60 Interest -12/03/2009 to 01!26/2010 51.201.75 TOTAL 5130,967.35 I hereby certify that (1) the Defendants' last known address is 300 WEST MAIN STREET APARTMENT B, MECHANICSBURG, PA 17055 and 1140 NORTH WEST STREET CARLISLE.'PA 17013-144.0, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire ~~rancis S. Hallman, Esquires ~o Z f99.I'- Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheets! R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: `~ ~ r _~~ Pt~s ~ ai3~o~ PROTHOI~[OTARY ~} EXHIBIT "E" tN THE COI;RT OF CO'v1MOti PLEAS MAY ' 4 ~ CUMBEKLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff v. CUMBERLAND County CARROLL E. KINSEY, JR JOANNE L. KINSEY No. 09-8378 CIVIL TERM Defendants ORDER AND NOW, this /day of /~•' , 2010, upon consideration of Plaintiffs 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 June 2, 2010 Per Diem $21.55 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation AppraisaUBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $121,020.65 $10,532.96 $200.70 $1,850.00 $1,145.00 $0.00 $1,523.00 $0.00 $0.00 $0.00 ($0.00) $2,210.00 TOTAL $138,482.31 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 213107 EXHIBIT "F" ~ ~~ a~ ~~c7 SCHEDULE OF DISTRIBUTION Date Filed: 10/6/10 Writ No. 2009-8378 Civil Term First Horizon Home Loans, A Division of First Tennessee Bank National Association -vs- Carroll E. Kinsey, Jr. Joanne L. Kinsey Sale Date: September 8 2010 Buyer: Horizon Residential Loan Servicing, LLC Bid Price: $ 149,100.00 Total- Due: $ 138,482.31 per Order of Court to Reassess Damages DISTRIBUTION: Receipts: Cash on Account (03/18/2010): $ 1,500.00 Cash on Account (09/08/2010): 14,910.00 Cash on Account (09/23/2010): 140,854.50 Total Receipts: $ 157,264.50 Disbursements: Sheriffs Costs Legal Search Transfer Tax (Local) Transfer Tax (State) Cumberland County Tax Claim Carlisle Borough Tax Collector Borough of Carlisle (Sewer/Water) Attorney Daniel Schmieg First Horizon Home Loans, A Division of Caron E. Kinsey, Jr. and Joanne L. Kinsey Total Disbursements: Balance for distribution: So Answers: _ , =`f ~ ~~ ~,," Ronny R. Anderson -"" ` " } Sheriff 3,795.56 300.00 1,691.25 1,691.25 3,039.74 2,791.77 588.86 1,500.00 138,482.31 3,383.76 ($157,264.50) 00.00 VERIFICATION I, Daniel G. Schmieg, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN SCHMIEG, LLP Date: ~ e~ ~~ I a .%'` By: Daniel G. Schmieg, squire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 X215) 563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association Plaintiff Vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Defendant Attorney for Plaintiff :Court Of Common Pleas Civil Division Cumberland County, Pennsylvania 09-8378 CERTIFICATE OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that true and correct copies of the Plaintiff s Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), Brief in Support, attached Exhibits, and this Certificate, were served upon the following by regulaz mail on the date indicated below: Carroll E. Kinsey, Jr. Office of the Sheriff Joanne L. Kinsey Cumberland County Courthouse 1140 North West Street One Courthouse Square Cazlisle, PA 17013 Cazlisle, PA 17013 Manufacturers and Traders Trust Company Manufacturers and Traders Trust Company One M&T Plaza 1 Fountain Plaza, 4th Floor Buffalo, NY 14240 Buffalo, NY 14203 RespP~ ~•"~~ ~, ~`tted, Dated:l~`ly`lG PHELAN HALLI SC MIEG, P By: 1 Daniel G. Schmi squire - Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-567-0072 October 14, 2010 Sent Via FedEx Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: First Horizon Home Loans, A Division of First Tennessee Bank National Association vs. Carroll E. Kinsey, Jr. and Joanne L. Kinsey Cumberland County, CCP, 09-8378 Civil Term Dear Sir/Madam: Enclosed please find Plaintiff s Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d), and Brief in Support thereof, attached exhibits, and Certificate of Service, which I request you file of record. Also enclosed are two self-addressed stamped envelopes for your convenience, one of which is for the attorney file copy and the other for the signed Order of Court. V trul .Yours, / / ~ atricia cNal y for PHELAN HALLINAN & SC G, LLP Enclosure Cc: Carroll E. Kinsey, Jr. 3oanne L. Kinsey Manufacturers and Traders Trust Company Office of the Sheriff of Cumberland County OCi' 18 2010 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Horizgn Home Loans,, A Division of First Tenne~~see Bank National Association ~ Plaintiff :Civil Division c ~ _.- ~ ~. ~' Q -r.-n Vs C7J ~~ r,~ ~ fri._.. ~~ . Carroll E. Kinsey, Jr. : 09-8378 .~ v ~ ~ o --~ o ~ ~ Joanne L. K.unsey ~- c7 -o ~= :y ~ Defendant '~' ~ ~:~? ° r" v ~ ;.., ~ ~; ~ -~. RULE AND NOW; this day of ~' ~~. , 2010, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff s Exceptions tp Sheriff s Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entere~ RULE RETURNABLE t1~ ~~ 1~'' ~~ ~~ ~ S ~ ~ ~ d z~~" ~~g~.p~ ! s ~ By the Court: ~~ J. /. ~l ~ ~ e . ~~s£y~ ~~.. !, .1. !C ~n.~s~y !~ to ~~o ~ rv ~rY~ ILEO-C?? L THE PROTHONOTAR"i Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association Plaintiff Vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Defendants 2011 JAVy 25 PI°I 1 PENNSYtYANIA Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania : 09-8378 MOTION TO MAKE RULE ABSOLUTE AND now comes Plaintiff, by and through its attorney, Phelan Hallinan & Schmieg, LLP and hereby petitions this Honorable Court to make the Rule to Show Cause issued on October 20, 2010, absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1) Plaintiff filed Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale held on September 8, 2010, with the Court on or about October 15, 2010. 2) This Honorable Court issued a Rule upon Defendants and all interested parties on October 20, 2010, to show cause why the Plaintiff s Exceptions should not be granted. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked as Exhibit "A." 3) The Rule to Show Cause was forwarded to all parties at their last known address by the Court on October 20, 2010. 4) Defendants and all interested parties have failed to respond or otherwise plead to the Rule Returnable date of November 8, 2011. WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on October 20, 2010, absolute and enter an Order granting Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale held on September 8, 2.010. Respectfully submitted, PHELAN HAL AN AND SCHMIEG, LLP Date: 11 By: d Daniel G. Schmieg, Esquire Attorney for Plaintiff EXHIBIT "A" Off 1a 2010 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Horizon Home Loans, A Division of First Tennessee Bank National Association e:) Plaintiff : Civil Division Vs. ) Carroll E. Kinsey, Jr. : 09-8378 Joanne L. Kinsey c-. -ter c Defendant 7 RULE AND NOW, this day of C j. , 2010, a Rule is __,20 tL entered upon the Defendant and all interested parties to show cause why the attached Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3:136(}d), should not be entered. ` L L i/ 1 © z? ` C1 J `Q-)d RULE RETURNABLE the By the Court: U T- ` J. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALL AND SCHMIEG, LLP Date: k By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215)563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association Plaintiff Vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Defendants Attorney for Plaintiff : Court Of Common Pleas : Civil Division Cumberland County, Pennsylvania : 09-8378 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Carroll E. Kinsey, Jr. Office of the Sheriff Joanne L. Kinsey Cumberland County Courthouse 1140 North West Street One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 Manufacturers and Traders Trust Company Manufacturers and Traders Trust Company One M&T Plaza 1 Fountain Plaza, 4t' Floor Buffalo, NY 14240 Buffalo, NY 14203 Date: 4 ;t t Respectfully submitted, PHELAN HALLI?3\?? HMIEG, LLP By: Daniel G. Schni e-g,Tsquire Attorney for Plaintiff V 'e FILED-OFFICE OF THE PROTHONOTAR 2411 FEB - ! PM 3: 21 CUMBERLAND COUNT, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA First Horizon Home Loans, A Division of First Tennessee Bank National Association Plaintiff Vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Defendants AND NOW thisdaY of Civil Division : 09-8378 ORDER 72 R , , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued upon Defendants and all interested parties on October 20, 2010, shall be and is hereby made absolute; Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale held on September 8, 2010, are GRANTED; and the Sheriff shall forthwith issue a revised Schedule of Distribution reflecting distribution to Plaintiff in the sum of $141,866.07 along with the Sheriff's Deposit Refund of $1,500.00. `/Dame! G. ?cl?lm ? . ?. ?Ca.mrolI E. W r o , came 1'. V'inW4 V- Mayes al rers*TmdersTrorsl Co Sl'lEri{ aQ Co mb, Ob to b i n VOW Iw copies 1' II ?? o6 y Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 First Horizon Home Loans, A Division of First Tennessee Bank National Association Plaintiff Vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Defendants Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania 09-8378 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Carroll E. Kinsey, Jr. Office of the Sheriff Joanne L. Kinsey Cumberland County Courthouse 1140 North West Street One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 Manufacturers and Traders Trust Company Manufacturers and Traders Trust Company One M&T Plaza 1 Fountain Plaza, 4t' Floor Buffalo, NY 14240 Buffalo, NY 14203 Respectfully submitted, PHELAN HALL MI LLP Date: i a t By: Daniel G. Sc ieg, squire Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson II Q Cc' Sheriff E 4 O? T+? 61, Jody S Smith ? I FE? 16 PH 2: hief Deputy C Richard W Stewart nEl(; aI'; //R°I r Solicitor r f` First Horizon Home Loans vs. Carroll E. Kinsey, Jr. (et al.) Case Number 2009-8378 SHERIFF'S RETURN OF SERVICE 04/01/2010 05:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1747 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Carroll E. Kinsey, by making known unto, Cassandra Kinsey, adult in charge, at 300 West Main Street, Apt. B, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/01/2010 05:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1747 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Joanne L. Kinsey, by making known unto, Cassandra Kinsey, adult in charge, at 300 West Main Street, Apt. B, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/07/2010 10:04 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1004 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carroll E. Kinsey, Jr., located at, 1140 North West Street, Carlisle, Cumberland County, Pennsylvania according to law. 05/27/2010 Property sale postponed to 9/8/2010. 09/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $149100.00 to Central Penn Capital Managent, LLC, on behalf of Horizon Residential Loan Servicing, LLC, 100 S. 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 10/18/2010 Exceptions to Proposed Schedule of Distribution filed in Sheriff's Office on 10/18/10 by Attorney Daniel Schmieg. 10/27/2010 Deed recorded on 10/27/10 SHERIFF COST: $4,095.56 SO ANSWERS, 4 February 16, 2011 RONNY- R ANDERSON, SHERIFF 41 D© pad l ?- a.06j)d C'a. Amended SCHEDULE OF DISTRIBUTION Date Filed: 2/3/11 Writ No. 2009-8378 Civil Term First Horizon Home Loans, A Division of First Tennessee Bank National Association -vs- Carroll E. Kinsey, Jr. Joanne L. Kinsey Sale Date: September 8, 2010 Buyer: Horizon Residential Loan Servicing, LLC Bid Price: $ 149,100.00 Total Due: $ 141,866.07 per Order of Court to Reassess Damages DISTRIBUTION: Receipts: Cash on Account (03/18/2010): $ 1,500.00 Cash on Account (09/08/2010): 14,910.00 Cash on Account (09/23/2010): 140,854.50 Total Receipts: $ 157,264.50 r r Disbursements: Sheriffs Costs Legal Search Transfer Tax (Local) Transfer Tax (State) Cumberland County Tax Claim Carlisle Borough Tax Collector Borough of Carlisle (Sewer/Water) Attorney Daniel Schmieg First Horizon Home Loans, A Division of Total Disbursements: Balance for distribution: So Answers: , 1 Ronny R. Anderson Sheriff 3,795.56 300.00 1,691.25 1,691.25 3,039.74 2,791.77 588.86 1,500.00 141,866.07 ($157,264.50) 00.00 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2009-8378 held September 8, 2010 EFFECTIVE DATE: September 8, 2010 PREMISES: 1140 North West Street, Borough of Carlisle, Cumberland County, Pennsylvania, Tax Parcel No. 06-19-1643-404 (the "Premises") RECITAL: Being the same premises which Harold B. Kivlan, III, trading as Dickinson Real Estate Investments, by his/its Deed dated June 14, 2002 and recorded June 17, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 252, Page 1080, granted and conveyed unto Carroll E. Kinsey, Jr. and Joanne L. Kinsey, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Mortgage in the amount of $127,000.00 from Carroll E. Kinsey, Jr. and Joanne L. Kinsey to First Horizon Home Loan Corp. dated March 23, 2005 and recorded March 31, 2005 -2- in Mortgage Book 1901, Page 4822, assigned October 5, 2009 in Instrument No. 200934253 to First Horizon Home Loans. 21. Mortgage in the amount of $70,000.00 (open-end) from Carroll E. Kinsey, Jr. and Joanne L. Kinsey to M&T Bank dated June 28, 2006 and recorded July 10, 2006 in Mortgage Book 1957, Page 4242. 22. Judgment against Carroll E. Kinsey, Jr. and Joanne L. Kinsey in favor of First Horizon Home Loans in an action of mortgage foreclosure entered January 28, 2010 in the amount of $130,967.35 to No. 2009-8378, amended by Order of Court dated May 14, 2010 and entered May 17, 2010 in the amount of $138,482.31. 23. Subject to delinquent taxes due the Tax Claim Bureau in the amount of $3,020.44 together with any interest and penalties accrued thereon. 24. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Morgan Way recorded in Plan Book 66, Page 36. 25. Subject to the legal operation and effect of the mortgage foreclosure action initiated by First Horizon Home Loans against Carroll E. Kinsey, Jr. and Joanne L. Kinsey docketed to No. 2009-5517. 26. Subject to the legal operation and effect of the absence of a legal description of the Premises in the notice of the Sheriffs Sale. 27. Subject to the rights of others in and to any portion of the premises within or adjoining "H" Street and North West Street. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- • n , Writ No. 2009-8378 Civil First Horizon Home Loans VS. Carroll E. Kinsey, Jr. Joanne L. Kinsey Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-8378 CIVIL, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL AS- SOCIATION vs. CARROLL E. KINSEY, JR., JOANNE L. KINSEY, owners of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being 1140 NORTH WEST STREET, CARLISLE, PA 17013-1440. Parcel No. 06-19-1643-404. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $130,967- .35. EXHIBIT A FIRST HO.-&ZON HOME LOANS, A DIVISION OF r COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL ASSOCIATION ¢laintiff CIVIL DIVISION V. NO. 09-8378 CIVIL TERM CARROLL E. KINSEY, JR CUMBERLAND COUNTY JOANNE L. KINSEY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praec ipe for the Writ of Execution was filed, the following information concerning the real property located at 1140 NORTH WEST STREET, CARLISLE, PA 17013-1440. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CARROLL E. KINSEY, JR JOANNE L. KINSEY 2. Name and address of Defendant(s) in the judgment: 300 WEST MAIN STREET, APARTMENT B MECHANICSBURG, PA 17055 300 WEST MAIN STREET, APARTMENT B MECHANICSBURG, PA 17055 Name Address (if address cannot be reasonably 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) Manufacturers and Traders Trust Company One M&T Plaza Buffalo, NY 14240 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. 7. Name and address* of evrry other person of whom the plaintiffihas 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) r' TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower 1140 NORTH WEST STREET CARLISLE, PA 170134440 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 falsification to authorities. March 5, 2010 Phelaallinan & Schmieg, LL10. ? La ence T. Phelan, Esq., Id. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Jud' T. Romano, Esq., Id. No. 58745 ? S etal R. Shah-Jani, Esq., Id. No. 81760 enure 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 LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION : CIVIL DIVISION Plaintiff . VS. CARROLL E. KINSEY, JR JOANNE L. KINSEY Defendant(s) : NO. 09-8378 CIVIL TERM : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARROLL E. KINSEY, JR JOANNE L. KINSEY 300 WEST MAIN STREET, APARTMENT B 300 WEST MAIN STREET, APARTMENT B MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 "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 1140 NORTH WEST STREET, CARLISLE, PA 17013-1440 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $130,967.35 obtained by FIRST HORIZON HOME LOANS, 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 may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 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 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. 09-8378 CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. CARROLL E. KINSEY, JR JOANNE L. KINSEY owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 1140 NORTH WEST STREET, CARLISLE, PA 17013-1440 Parcel No. 06-19-1643-404 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $130,967.35 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at the southwest comer of 'H' and North West Streets; thence along the western side of North West Street South 14 degrees 09 minutes 31 seconds West a distance of 102 feet to a point which is the northeast corner of Lot No. 2 as shown on the Plan recorded in Plan Book 65 at Page 25 in the Office of the Recorder of Deeds in and for Cumberland County; thence along said Lot No. 2 North 75 degrees 50 minutes 29 seconds West [inadvertently stated as North in prior Deed but see Deed Book 117, Page 1153] a distance of 102 feet to a point on the East side of Lot 1 B as shown on the Final Subdivision Plan of Morgan Way, dated February 23, 1993 and recorded in Cumberland County Plan Book 66, at Page 36; thence along said Lot 1B, North 14 degrees 09 minutes 31 seconds East a distance of 102 feet to a point on the southern side of IT Street; thence at the southern side of 'H' Street South 75 degrees 50 minutes 29 seconds East a distance of 102 feet to a point, the southwest corner of 'IT and North West Streets, the place of BEGINNING. Having thereon erected a dwelling known and numbered as 1140 North West Street. TITLE TO SAID PREMISES IS VESTED IN Carroll E. Kinsey, Jr. and Joanne L. Kinsey, h/w, by Deed from Harold B. Kivlan,111, t/a Dickinson Real Estate Investments, dated 06/14/2002, recorded 06/17/2002 in Book 252, Page 1080. PREMISES BEING: 1140 NORTH WEST STREET, CARLISLE, PA 17013-1440 PARCEL NO. 06-19-1643-404 WRIT OF EXECUTYON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8378 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, a Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From CARROLL E. KINSEY, JR and JOANNE L. KINSEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $130,967.35 L. L.$.50 Interest from 1/27/10 to Date of Sale ($21.53 per diem) -- $2,734.31 Atty's Comm % Due Prothy $2.00 Atty Paid $186.40 Other Costs Plaintiff Paid Date: 3/9/10 4/- David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the kal of said Court at Carlisle, Pa. Supreme Court ID No. 87077 h On March 22, 2.0 10 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered, 1140 North West Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-8378 Civil First Horizon Home Loans vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-8378 CIVIL, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL AS- SOCIATION vs. CARROLL E. KINSEY, JR., JOANNE L. KINSEY, owners of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being 1140 NORTH WEST STREET, CARLISLE, PA 17013-1440. Parcel No. 06-19-1643-404. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $130,967- .35. Asa Marie Coyne, ltor L?? SWORN TO AND SUBSCRIBED before me this 30 da of April, 2010 (z_ X_'? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 _00" The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPahiot•News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, '1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Writ No. 2009-WO Civil Term First Horizon Home Loans Vs. Carroll E. Kinsey, Jr. Joanne L. Kinsey Atty: Daniel G Schmleg By virtue of a Writ of Execution N0.09-8378 CIVIL TERM FIRST HORIZON HOMELOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. CARROLL E. KINSEY, JR JOANNE L. KINSEY Owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsylvania, being (Municipality) 1140 NORTH WEST STREET, CARLISLE, P4 17013-1440 Parcel No. 0619-1643-404 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $130,967.35 This ad ran on the date(s) shown below: y . ,,/.:` . . . . . . ... .. . ... . . Sworn t¢ dnd/subscribed before me this 1.8 day of May, 2010 A.D. Notary Public COMMONWEALTH OF I?ENNSYLVANIA Notarial Seal Sherrie L Kisrw, Notary Pubik Lower Paxton Twp,, Dauphln County My CommJsslon Expires Nov. 2G, 2011 Member, Penn syhrania Association of Notaries 04/16/10 04/23/10 04/30/10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Horizon Residential Loan Ser LP is the grantee the same having been sold to said grantee on the 8th day of Se ten mber A.D., 2010, under and by virtue of a writ Execution issued on the 9th day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 8378, at the suit of First Horizon Home Loans div. of First Tennessee Bank N A against Carroll E Jr & Joanne L Kinsey is duly recorded as Instrument Number 201030977. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A7 day of OA-1- , A.D. o v Re rder of Deeds Pme dwd0oft Co 'h 1'0n%8sft1% Mp Oo=MM B*n h Fiat MWft dJ& =4