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Home My WebLink About10-2735 FLED-Orr IMF ZN`= + ;?? : - .. 2Rt0 APR 23 P t 53 ??J(Y 1 7 I ? Phelan Hallinan & Schmieg LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 -Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. 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 236147 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. KIMBERLY J.C. BRENNAN 2800 MARKET STREET A/K/A 2800 AND 2802 MARKET STREET CAMP HILL, PA 17011-4533 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /O -,:2,-73S 010;C?rn CUMBERLAND COUNTY VC'L,4?1 cwil 9116210 R--'L QV lov8 File #: 236147 1P 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 atiorney 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 #: 236147 1. Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: KIMBERLY BRENNAN 2800 MARKET STREET A/K/A 2800 AND 2802 MARKET STREET CAMP HILL, PA 17011-4533 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/10/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1910, Page 2431. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 236147 16 6 The following amounts are due on the mortgage: Principal Balance $246,880.84 Interest $27,657.13 08/01/2008 through 04/21/2010 (Per Diem $43.97) Attorney's Fees $650.00 Cumulative Late Charges $0.00 06/06/2005 to 04/21/2010 Mortgage Insurance Premium / $15.00 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Escrow Deficit $9_,675-7 TOTAL $285,428.54 7. 8 9. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File N: 236147 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $285,428.54, together with interest from 04/21/2010 at the rate of $43.97 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. & SCHMIEG, LLP By: ,LJ Eawrence T. Phelan, Esq., Id.TTo-. 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 /?Sh R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 236147 4 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by G. J. Betz, Registered Surveyor, dated February 11, 1971, as follows, to wit: BEGINNING at a point on the north side of Market Street at corner of premises No. 2724 Market Street, and point also being 321 feet west of the northwest corner of 27th and Market Streets; thence along the north side of Market Street, north 84 degrees 30 minutes west, 97.19 feet to a point at corner of premises No. 2804 Market Street; thence along last said premises north two (2) degrees seven (7) minutes east, 115.28 feet to an iron pin; thence along the same, south 84 degrees 20 minutes east, 28 feet to an iron pin; thence continuing along the same, north two (2) degrees seven (7) minutes east, 46.97 feet to a point at line of land now or formerly of Stephen J. Bischof; thence along last said land south 86 degrees 38 minutes east, 62.18 feet to a point at line of premises No. 2724 Market Street aforesaid; thence along said line, south 00 degrees 17 minutes east, 165.19 feet to a point, the place of BEGINNING. PREMISES: 2800 MARKET STREET A/K/A 2800 AND 2802 MARKET STREET, CAMP HILL, PA 17011-4533 PARCEL NO. 01-21-0273-314 File #: 236147 • 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 maysubject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to DATE. for Plaintiff File # 236147 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,. Ronny R Anderson Sheriff "" (~ ~~.., v( 4+i~uGer ~~~ Jody S Smith ~'~~ ~~~~ ~ ~~~ Chief Deputy ~ Z~I~ MAY 12 AM $~ ~-6 Edward L Schorpp Solicitor ~ - = T~ ~ °~~~~ '~;-~ Metlife Home Loans A Division of Metlife Bank NA Case Number vs. Kimberly J.C. Brennan 2010-2735 SHERIFF'S RETURN OF SERVICE 05/10/2010 06:15 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 10, 2010 at 1805 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kimberly J.C. Brennan, by making known unto herself personally, at 2800 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. ~ --__ MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $41.50 May 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF fci CCUnt, SuHn yh2-!tt, i21eo.=,o`t, Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA IN RE: METLIFE HOME LOANS OF METLIFE Plaintiff Vs. KIMBERLY J.C. BRENNAN Defendant N o V S p 'i'! -v t,-, f'il r; - ~:. ~ c_... ~' ~ ~ ._ ~'Y :. Case No. 10-2735 ~: ~~ ~ ~~ ~~ T7 '` Civil Action--Foreclosui~,,-; '~ ~ .' ~: C rv ~ t,;~ ~' - .r CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 22"d, day of June 2010 I made service of the foregoing Answer to Mortgage Foreclosure upon the interested party as listed hereunder by way of First Class Mail Postage Prepaid. PHELAN, HALLINAN & SCHMIEG, LLP C/O LAUREN TABAS, ESQ. 1617 JFK BLVD SUITE 1400 1 PENN CENTER PHILADELPHIA PA 19103-1821 GREGORY S. HAZLETT a Phone: 717-790-5500 i i !VL T119NO _j r .. c ?A --6 AH IO• 0li. a " i"OERLAN0 COUNT #?ENNSYL.VANIA PHELAN HALLINAN & SCHMIEG, LLP By: Andrew J. Marley, ESQUIRE Identification No. 312314 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Metlife Home Loans A Division of Metlife Bank, NA 4000 Horizon Way Irving, TX 75063 Plaintiff Vs. Kimberly J.C. Brennan 2800 Market Street A/K/A 2800 and 2802 Market Street Camp Hill, PA 17011-4533 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-2735-Civil Term MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. The Defendant has admitted every allegation in the complaint for mortgage foreclosure 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Since Defendant admitted the default in paragraph five of her Answer to the Complaint, summary judgment for Plaintiff is appropriate, as is further addressed in Plaintiffs attached Brief. 4. Defendant, Kimberly J.C. Brennan, has filed an Answer to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 5. In her Answer, Defendant generally admits five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 6. Defendant admitted in paragraph three of her Answer that she executed the Mortgage and that the Mortgage has been assigned to Plaintiff. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1910, Page 2431, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. 7. The Mortgage was assigned to Metlife Home Loans A Division of Metlife Bank, NA. Said transfer was documented by an Assignment of Mortgage, which is recorded at Instrument No. 201014196. A true and correct copy of the Assignment to Metlife Home Loans A Division of Metlife Bank, NA is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 8. The Mortgage is due for the September 1, 2008 payment, a period in excess of thirty-nine (39) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds the dollar amount provided in the statute, as is further addressed in Plaintiffs attached Brief Nevertheless, Plaintiff sent Defendant a letter notifying her of her default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit E. to. In her Answer, Defendant claims she received assurance that she would be able to modify her mortgage. Prior to any modification Defendant must produce the requisite documents to review for eligibility, however, Defendant failed to respond to requests necessary to review Defendant fora loan modification. A true and correct copy of the letter denying loss mitigation is attached hereto, made part hereof and marked as Exhibit F. 11. Furthermore, the Statute of Frauds bars Defendant's claim, which is further explained in Plaintiff s attached Brief. 12. Defendant has failed to sustain her burden of presenting facts, which contradict the averments of Plaintiffs Complaint 13. Defendant has the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint/Affidavit in support of the Motion for Summary Judgment, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: /Av f-) By: ? - An ew J. Marley, Esq Attorney for Plaintiff EXHIBIT "A" 'zo('2 t?? 2005 JON 13 an g 3 p Prepared By: FIRST HORIZON HOME LOAN CORPORATION 201 GRANITE RUN DR., SUITE 130 LANCASTER, PA 17601 Return To: FHHLC - POST CLOSING MAIL ROOM 1555 W. WALNUT HILL LN. #200 MC 6712 IRVING, TX 75038 Parcel Number: County: City: RCS :;;r r) ?IEI;I_EI? (Space Above 7 his Line For Recording Data) MORTGAGE MIN DEFINITIONS Words used in multiple sectiotu of thus document are defined below aid other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) !'Security Instrument" mean, this document, which is dated June 6th, 2005 together with all Riders to this document. (B) "Borrower" is KIMBERLY J.C. BRENNAN Borrower iS the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint M1 48501-2026, tel. (888) 679-MFRS. PENNSYLVANIA - Single Family • Fannie Mae(Freddie Mac UNIFORM INSTRUMENT WGTH MFRS 6A(PA) (a4o7) Form 3113 Pago 1 0i 10 Initials: VMP Mortgage Solutions. Inc. (800)621.7291 BK191OPG2431 IWlu I I'M I I I namni?n-In a 1 . ? s? AI i CUNIRP..RI ANr) COUNTY Inst # 200520625 -Page 1 o i l 7 (D) "Lender" is FIRST HORIZON HOME LOAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF KANSAS Lender's address is 4000 Horizon Way, Irving, Texas 75063 (E:) "Note" means the promissory note signed by Borrower and dated June 6th, 2005 The Note states that Borrower owes Lender TWO HUNDRED FIFTY SIX THOUSAND SIB HUNDRED FORTY ONE & 00/100 Dollars (U. S. $ 256, 641.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 1, 2035 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" meats the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Adjustable Rate Rider [:1 Condominium Rider l? Second Home Rider Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider Ll VA Rider ? Biweekly Payment Rider ? Other(s) [specify] (1) "Applicable Law" mews all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules aril orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (h) "Electronic Funds Transfer" meals any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, Or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property ; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the property. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instnttnent. Itlltlal6. =-6A(PA) (0407) Pape 20l16 Form 3M 1/01 cV 8K 19 1 OtG2432 --1ro1, n ? 1o - n nn ('t IMRFRI ANI) (:Ol INTY lnst.# 200520625 - Page 2 of 1 (P) "RESPA" means the Rea) Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C. F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andJor this Security Instrument. "Mr 1^n in P -iz z ; Z,r,I TRANSFER OF RIGHTS IN THE PROPERTY hereto which is incorporated herein and made a part hereof. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the County [Type of Recording Jurisdiction( of Cumberland (Name of Recording Jurisdiction(: All that tract or parcel of land as shown on Schedule "A" attached which currently has the address of 2800 MARKET STREET (Strect] CAMP HILL (cityl, Pennsylvania 17011 (Zip Code( ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrtunent, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. lrtitiats: Qt-6A(PA) toaall PW6 a w to Form 301101 Bit 1 910PG2433 r! IKARPP! ANn r(-)! INITV Inst.4 200520625 - Page 3 of 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 Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and Us Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Leader as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at die location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If cacti Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return theta to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under die Note; (c) amounts due under Section 3. Such payments shall be applied to cacti Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payinent which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in IniOa+a: 02, (.j;QD -6A(PA) toaoT) Pay a of is Form 3039 1101 SK 19 1 OPG2434 "Inl:»nln r, IQ q? r", !`U6ARFRI ANn rnI INITY Inst.# 200520625 - Page 4 of 17 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurarwo proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, tees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lendt:r may exorcise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow ltetns at any tune by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entiry (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal [-Lome Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Inl( lats: -6A(PA) p4o?) Pay. 5 of 113 Form 3039 1/01 BK191OPG2435 11 11 - "' ni innaFR1 ANn r.ni INrv fnst.# 200520625 - Page 5 of 17 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a [Harmer acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of die lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 14 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Leader may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep The improvements now existing or hereafter erected on the Propti-ty insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees unposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. =-6A(PA) (0407) 8K191OPG2436 Pago cot ie nltlaic: V 02, Form 3039 1(41 na n ;romn 0 V? I? gINn CUMBERLAND COUNTY Inst.## 200520625 - Page 6 of 17 if Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writiuig, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section. 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. nfllalc: =-6A(PA) (ow7) Page 7 01 to Form 3039 1/01 BK191OPG2437 nn-r-inS' rotn - Cn n',d r..I MARPR1 ANn C.ni INTY Inst.# 200520625- Page 7 of 17 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave rnaterially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significartdy affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Irtstrurnent, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. INtlalr 40-6A(PA) p4cm Page a of 16 Form 3039 1/01 BK191OPG2438 ?, ?? 1 - rl IAeacol nnln rnl Inirv Inst # 200520625 - Pace 8 of 17 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the. Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount &W for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance prenuums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing Or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed 'captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. lnlifals: ®-6A(PA) pow) PagsoofIC Form 3039 1101 m SK191OPG2439 na!n,/9n?n 4 11 49 A A CUMRFRI AND COUNTY Inst.# 200520625 - Page 9 of 17 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Leader has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds sWl be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sutras secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Parry" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment., could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of nem11?1110 a l 1? AM initials: =-6A(PA) Comm Page 1001 10 Form 3039 1/01 eK 19 1 OPG2440 RI IMRFRI ANn rnl INTY Inst.9 200520625 - Page 10 of 17 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security hnsuument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sutras secured by this Security hnstrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's convent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument, Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but. not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall riot be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refunnd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Initi.M; -6A(PA) to4o7n pay. 11 of to Form 3039 1/01 e SK 19 1 OPG2441 n4x)50C)10 9 13 3 AAA CUMBERLAND COUNTY Inst.# 200520625 - Page 11 of 17 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security hisavment at any one time. Any notice to lender shall be given by delivering it or by mailing it by first class mail to Lender's address stared herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. K Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the taw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note acid of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sutras secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these swns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all Q ii z? any IniUdS: -GA(PA) (own P.U. 12 of 10 Fwm 3039 1101 T BK191OPG2442 (:t 1MRFRI AND COUNTY Inst.# 200520625 - Page 12 of 17 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument: and (d) takes such action as bender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security tnstrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Services; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due wider the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer nnreiated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security hnstrument or that alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the tollowing substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. V_V INllalc: ?..7 l? 6A(PA) (owl) Pepe 13ot 16 Form 3039 1101 BK 19 f OPG2443 nernav?nin 4 n.? 3? Ann CUMBERLAND COUNTY Inst.# 200520625 - Page 13 of 17 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, ace, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default mast be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall farther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. (0-6A(PA) (0407) m BK 19 1 OPG2444 Pago 14 of 10 nKlalc; Form 3039 1101 nanr,oo in 4 11 39 AN1 ri 1MRFR( Arun r.n INTY Inst.# 200520625 - Page 14 of 17 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: iK 9P1_LyAJ. Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) _ (Seal) -Borrower -Borrower (Seal) _ (Seal) -Borrower -Borrower 0053666624 -6A(PA) (0407) 'bD Pag. 15 of 16 Form 3039 trot BK 19 1 OPG2445 namsi?ntn 4 !s ,9 ANA CtIMRFRI AND COUNTY Inst.# 200520625 - Page 15 of 17 COMMONWEALTH OF PENNSYLVANIA, CDMBL"RLAND County ss: On this, the &--a day of 6:9 6 before me, the undersigned officer, personally appeared RLMHRRLY J. C. BRENNAN known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Cotnmission Expires_ 1 I ? NOTARIAL SEAL Camp Ffik4 Sotn., CUfn01Bi1d GtltlntY ? (,C.C,, My commission Expires March 4, 2007 Title of Office[ Certificate of Residence t% I, Y a/ ?- , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this ?J day of 2 C "'z nZ?? Agent of Mortgagee 0053666624 +„nima: (0-6A4PA) tca07t Paq. Idol is Form 3039 1/01 BK191OPG2446 nnrn-;r?nin a I' q? Ann CI IMRFRI AND r.01INTY Inst.# 200520625 - Page 16 of 17 First American Title Insurance Company Commitment Number: 05258 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by G. J. Betz, Registered Surveyor, dated February 11, 1971, as follows, to wit: BEGINNING at a point on the north side of Market Street at comer of premises No. 2724 Market Street, and point also being 321 feet west of the northwest corner of 27th and Market Streets; thence along the north side of Market Street, north 84 degrees 30 minutes west, 97.19 feet to a point at corner of premises No. 2804 Market Street; thence along last said premises north two (2) degrees seven (7) minutes east, 11528 feet to an iron pin; thence along the same, south 84 degrees 20 minutes east, 28 feet to an iron pin; thence continuing along the same, north two (2) degrees seven (7) minutes east, 46.97 feet to a point at fine of land now or formerly of Stephen J. Bischof; thence along last said land south 86 degrees 38 minutes east, 62.18 feet to a point at line of premises No. 2724 Market Street aforesaid; thence along said line, south 00 degrees 17 minutes east, 165.19 feet to a point, the place of BEGINNING. HAVING thereon erected a double two story stucco dwelling house and garage known as No. 2800 and 2802 Market Street. BEING the same premises which Bonita K. Patterson and Barry L. Patterson, wife and husband, by Deed dated June 30, 2004 and recorded July 2, 2004 in and for the Office of the Recorder of Deeds in Deed Book 263 Page 4683, granted and conveyed unto Darryl K. Brennan and Kimberly J.C.-Brennan, Grantors herein. Cerlii;/ this to be recorded f n Cus;-iberland. County PA Recorder of Deeds ALTA Commitment Schedule C BK1910K2447 (05258!05258114) n41ngo!)10 q 13 37 AM CUMBERLAND COUNTY Inst.# 200520625 - Page 17 of 17 EXHIBIT Al NOTE June 6th, 2005 CAMP HILL, PBNNSYVANIA [Date] [City) [state) 2800 MARKET STREET, CAMP HILL, PA 17011 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $ 256, 641.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FIRST HORIZON HOME LOAN CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.500 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. i will make my monthly payment on the lot day of each month beginning on July lot, 2005 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on June lot, 2035 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO BOX 809 MEMPHIS, TN 38101 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1, 622.15 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT `lilts®5N (=7) Forrn 32001/01 vMP MORTGAGE FORMS - (800)621-7201 Pago / W 3 I.N.I.: 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) airy sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of is calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 9E of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by ine for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class snail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of w; may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. "MMUMM Form 32 tI-SN (0207) Page 2 of 3 Inidats: 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and wider what conditions 1 may be required to make irritnediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. al) (Seal) R ERLY J . 8 NNAN -Borrower -Borrower _ (Seal) -Borrower -(Seal) -Borrower -(Seal) -Borrower _ (Seal) -Borrower _ (Seal) Borrower _(Seal) Borrower [Sign Original Only] ?SN (0707) Pa9• 3 d 3 Form 32001/01 EXHIBIT A2 ASSIGNMENT OF MORTGAGE 001TWK KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc" hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR (51.00) lawful money unto it in hand paid by METLIFE HOME LOANS A DMSION OF METLIFE BANK NA, "Assignee," the receipt whereof is acknowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by IOMBERLY BRENNAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME CORPORATION, bearing the date 06/10/2005, in the amount of $256,641.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 06/13/2005 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Book 1910 Page 2431, MIN: 1000852 0053666624 3. Being Known as Premises: 2800 MARKET STREET, CAMP HILL, PA 170114533 Parcel No: 01-21-0273-314 The transfer of the mortgage and accompanying rights 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 parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein axed and these presents to be duly executed by its proper officers this 14th day of April, 2010. Mortgage Electronic Registration Systems, Inc. By: T - O'YK.4'O Sealed and Delivered Judith T. Rom Assistant ecretary an Vic President in the presence of us; 611 State of Pennsylvania ss. County of Philadelphia On this 14th day of April, 2010, before me, the subscriber, personally appeared Judith T. Romano, who acknowledged herself to be the Assistant Secretary and Vice President of Mortgage Electronic Registration Systems, Inc., and that she, as such Assistant Secretary and Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA XJ?4--- NOTARIAL SEAL EUGENE JASKIEWICZ, Notary Public Stamp/Seal:N tary Public ----City of Philadelphia, Phila. County Commission Expires August 13, 2012 The precise address of the within named After recording return to: Assignee is: Phelan Hallinau & Schmieg, LLP 4000 HORIZON WAS' 1617 JFK Boulevard, Suite 1400 April 13, 2010 B TX 75063 One Penn Center Plaza D ument Execution B - Philadelphia, PA 19103 (For Assignee) HS # 23 7 ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by G. J. Betz, Registered Surveyor, dated February 11, 1971, as follows, to wit: BEGINNING at a point on the north side of Market Street at comer of premises No. 2724 Market Street, and point also being 321 feet west of the northwest corner of 27th and Market Streets; thence along the north side of Market Street, north 84 degrees 30 minutes west, 97.19 feet to a point at corner of premises No. 2804 Market Street; thence along last said premises north two (2) degrees seven (7) minutes east, 115.28 feet to an iron pin; thence along the same, south 84 degrees 20 minutes east, 28 feet to an iron pin; thence continuing along the same, north two (2) degrees seven (7) minutes east, 46.97 feet to a point at line of land now or formerly of Stephen J. Bischof; thence along last said land south 86 degrees 38 minutes east, 62.18 feet to a point at line of premises No. 2724 Market Street aforesaid; thence along said line, south 00 degrees 17 minutes east, 165.19 feet to a point, the place of BEGINNING. HAVING thereon erected a double two story stucco dwelling house and garage known as No. 2800 and 2802 Market Street. BEING the same premises which Bonita K. Patterson and Barry L. Patterson, wife and husband, by Deed dated June 30, 2004 and recorded July 2, 2004 in and for the Office of the Recorder of Deeds in Deed Book 263 Page 4683, granted and conveyed unto Darryl K. Brennan and Kimberly J.C. Brennan, Grantors herein. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201014196 Recorded On 6/2/2010 At 9:41:35 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 66524 User ID - KW * Mortgagor - BRENNAN, KIMBERLY * Mortgagee - METLIFE HOME LOANS * Customer - JAM TRANSFER * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA RECORDER O D DS tyro * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. i1TM ?iinii EXHIBIT "B" MetLife Home Loans A Division of MetLife Bank, NA 4000 Horizon Way Irving, TX 75063 Plaintiff VS. Kimberly J.C. Brennan 2800 Market Street A/K/A 2800 and 2802 Market Street Camp Hill, PA 17011-4533 Defendant Court of Common Pleas Civil Division Cumberland County No. 10-2735-Civil Term PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF Ta" ) ss. COUNTY OF Daw ) Christopher PeaVV , being duly sworn according to law, deposes and says: I . I am an officer in the capacity of I irnited ViCA pr"d" at MetLife Home Loans, A Division of MetLife Bank, N.A., Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I have reviewed the books, records, loan documents, and loan history pertaining to the Defendant's Residential Mortgage loan being serviced by Plaintiff. 4. All proper payments made by Defendant have been credited to Defendant's account. 5. Defendant's mortgage payments due September 1, 2008 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage are correctly stated as follows: Principal Balance $246,880.84 Interest $51,607.63 August 1, 2008 through October 19, 2011 Escrow Advance $25,594.40 Cumulative Late Charges $0.00 Mortgage Insurance Premium/Private Mortgage Insurance $91.96 Property Inspections 15.00 TOTAL $324,189.83 7. Defendant has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. Plaintiff provided Defendant with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. Name: Christopher heavy Title: (,Reed ViCe presicleM MetLife Home Loans, A Division of MetLife Bank, N.A. On this 301- day of 06%m-"Pet , 2011, before me a notary public, the undersigned officer, personally appeared the above named person, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she/he executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Stamp/Seal: Notary Public :* 4 LAURA L. JOHNSON Notary Public, State of Texas • ,.• My Commission Expires ? ,-am August 22, 2015 Brennan, PHS # 236147 EXHIBIT "C" OF ?E PLED ?? ? ??ARY 7010 APR 23 Ph t ? 53 PUII SYLVANIA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 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 236147 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. KIMBERLY J.C. BRENNAN 2800 MARKET STREET A/K/A 2800 AND 2802 MARKET STREET CAMP HILL, PA 17011-4533 Defendant :ATTORNEY??? Y .. PLEAS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM /J NO, CUMBERLAND COUNTY , V1 ?e eb`1 ee? ue %Velto v?? ct oo'P Of to CpCCe a`??ed Ric #: 236147 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 k: 236147 1. Plaintiff is METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: KIMBERLY BRENNAN 2800 MARKET STREET A/K/A 2800 AND 2802 MARKET STREET CAMP HILL, PA 17011-4533 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/10/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1910, Page 2431. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 236147 6. The following amounts are due on the mortgage: Principal Balance $246,880.84 Interest $2 7,657.13 08/01/2008 through 04/21/2010 (Per Diem $43.97) Attorney's Fees $650.00 Cumulative Late Charges $0.00 06/06/2005 to 04/21/2010 Mortgage Insurance Premium / $15.00 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Escrow Deficit 9.675.57 TOTAL $285,428.54 7 8 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. Fite N: 236147 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $285,428.54, together with interest from 04/21/2010 at the rate of $43.97 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. & SCHMIEG, LLP By: KJ Eawrence 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 . Romano, Esq., Id. No. 58745 She 1 R. Shah-Jani, Esq., Id. No. 81760 nine 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 #: 236147 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by G. J. Betz, Registered Surveyor, dated February 11, 1971, as follows, to wit: BEGINNING at a point on the north side of Market Street at corner of premises No. 2724 Market Street, and point also being 321 feet west of the northwest corner of 27th and Market Streets; thence along the north side of Market Street, north 84 degrees 30 minutes west, 97.19 feet to a point at corner of premises No. 2804 Market Street; thence along last said premises north two (2) degrees seven (7) minutes east, 115.28 feet to an iron pin; thence along the same, south 84 degrees 20 minutes east, 28 feet to an iron pin; thence continuing along the same, north two (2) degrees seven (7) minutes east, 46.97 feet to a point at line of land now or formerly of Stephen J. Bischof; thence along last said land south 86 degrees 38 minutes east, 62.18 feet to a point at line of premises No. 2724 Market Street aforesaid; thence along said line, south 00 degrees 17 minutes east, 165.19 feet to a point, the place of BEGINNING. PREMISES: 2800 MARKET STREET A/K/A 2800 AND 2802 MARKET STREET, CAMP HILL, PA 170114533 PARCEL NO. 01-21-0273-314 File #: 236147 VERIFICATION mme Fisher hereby states that he/she is Urmied Vice Presidw of METLIFE HOME LOANS, servicing agent for Plaintiff in this matter, METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, NA, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: .?3v File #: 236147 Name: Mike Fisher Title: Limited Vice President Company: METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, NA Name:BRENNAN EXHIBIT "D" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA IN RE: METLIFE HOME LOANS OF METLIFE Plaintiff Case No. 10-2735 Civil Action--Foreclosure Vs. KIMBERLY J.C. BRENNAN Defendant ANSWER TO CIVIL ACTION IN FORECLOSURE AND NOW, comes Kimberly J.C. Brennan, by and through their attorney, Gregory S. r-2 Hazlett, Esquire, and answers this Civil Action Foreclosure. n _ >n 1. ADMITTED 71 2. ADMITTED y 3. ADMITTED 4. ADMITTED 5. ADMITTED: However, the defendant was actively negotiating a loan modification with the mortgage company and fulfilled her obligations relative to four timely payments to the same with an assurance that she would be eligible to modify her mortgage obligation. Despite these representations the debtor was denied the loan modification. 6. ADMITTED: However, the defendant has the financial resources to repay her loan obligation if provided with a loan modification. 7. ADMITTED: This debt is dischargeable in the defendant's bankruptcy relative to her personal liability. 8. NO REPSONSIVE PLEADING REQUIRED 9. ADMITTED: WHEREFORE, the debtor respectfully that the Honorable Court deny the plaintiff's Civil Action in Foreclosure. 6/10/2010 bmitted, 7 VWst Main Wechanicsburg, PA. 17055 Phone: (717)-790-5500 Attorney for Defendant VERIFICATION I verify that upon personal knowledge or information on behalf of the defendant and belief that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 fa*t.S. & 4904?relating to unsworn falsification to authorities. Date: for Defendant EXHIBIT E Mettife McWfe Home Loans a Division of MetLife Bank, N.A. December 24, 2008 KIMBERLY J BRENNAN 2800 MARKET ST CAMP HILL PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT HOWEVER. IF YOUR LOAN IS CURRENTLY. OR WAS PREVIOUSLY, INVOLVED IN BANKRUPTCY WHERE YOUR CASE WAS DISCHARGED AND/OR TRUST OR MORTGAGE. This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. SMcific information about the nature of the default is provided in the attache Rages. The HOMEOWNER'S MQRTGAGF, ASSISTANCE PROGRAM HEMAP may be able to help to save your home This notice explains how the prog m works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN (33) DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end f this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. ersons with im aired hearing can call 707 780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. ACT 91 Page I of 5 LA NOT11CACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Mortgagor Name KIMBERLY J BRENNAN 2800 MARKET STREET CAMP HILL PA 17011 Loan Number Original Lender Current Lender/ Servicer : MetLife Home Loans HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, *IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND *IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling„ agencies for the county in which the propgrty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must 91 Page 2 of 5 fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. . To temporarily stop the tender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date)NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at: 2800 MARKET STREET CAMP HILL PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: No, of months due Payment amount due 5 cv 2295.57 0 ?c, 0 0 (cu 0 Late Charges 405.55 Other charges: Bad Check Fee 20.00 Inspection 15.00 Minus Suspense _ .00 TOTAL AMOUNT PASTDUE: 11.918.40 ACT 91 Page 3 of 5 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 11,918.40 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: MetLife Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Cashiering You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the tender intends to exercise its rights to accelerate the Mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morteaped property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and Wevent the sale at any tie up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mort gage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date ACT 91 Page 4 of 5 of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: MetLife Home Loans 4000 Horizon Way Irving, TX 75063 Attn: Loan Counseling Dept. 1-888-MET-6964 (1-888-638-6964) /Phone 1-214-441-7392 /Fax EFFECT OF SHERIFFS SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime. ASSUMPTION OF MORTGAGE- You may or may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT *TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. *TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. *TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) *TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. *TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION 13Y THE LENDER. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT 1-888-MET-6964 (1-888-638-6964). Sincerely, MetLife Home Loans: Collections Department AC1 9I Page 5 of 5 LY ir, Z Ol ` Q'I 403 0 cr `Q 'o O i!7 - ' O LL O t s w 'Lt??b 'L4b? UritiZ ? ? L5 gQgg EXHIBIT `6F" 4 LM143 301 June 15, 2011 Kimberly J Brennan 2800 Market St Camp Hill, PA 17011-4533 MetLife Home Loans Account Number Property Address 2800 Market Street Camp Hill PA 17011 RE: Loss Mitigation Assistance Denied Dear Kimberly J Brennan Meftife MetLife Home Loans a Division of MetLife Bank, N.A. THIS IS AN ATTEMPT TO COLLECT A DEBT. HOWEVER, IF YOUR LOAN IS CURRENTLY, OR WAS PREVIOUSLY, INVOLVED IN A BANKRUPTCY WHERE YOUR CASE WAS DISCHARGED AND/OR YOU ARE SURRENDERING THE REAL PROPERTY IN WHICH METLIFE HOME LOANS, A DIVISION OF METLIFE BANK NATIONAL ASSOCIATION HAS AN INTEREST, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU. WE ARE PURSUING OUR RIGHTS AS THEY RELATE TO THE REAL PROPERTY UNDER THE TERMS OF THE DEED OF TRUST OR MORTGAGE. We have received no response from you on the recent call or letter previously sent to you requesting additional information. Accordingly, normal servicing of your loan will continue. Therefore, if foreclosure action relating to your loan has been begun, it will not be canceled or postponed, but will continue unless MetLife Home Loans agrees otherwise in writing or unless your loan is paid off or brought current. Additionally, if selling your home would be a final alternative, you may qualify for a Pre-foreclosure Sale Program. Please contact me as soon as possible if you are interested in pursuing either of these options. Finally, if your loan is delinquent, MetLife Home Loans will continue to report all delinquencies to credit reporting agencies until your loan is brought fully current. a MetLife MetLife Home Loans a Division of MetLife Bank, N.A. Page Two If you have any questions regarding this matter, please feel free to contact our office at 1-888-MET-6964 (1-888-638-6964). Respectfully, Tarik Rainey Loss Mitigation Specialist 1-888-MET-6964 (1-888-638-6964) LM143-003 SWZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Metlife Home Loans A Division of Court of Common Pleas Metlife Bank, NA 4000 Horizon Way Civil Division Irving, TX 75063 Plaintiff Cumberland County vs. Kimberly J.C. Brennan 2800 Market Street A/K/A 2800 and 2802 Market Street Camp Hill, PA 17011-4533 Defendant No. 10-2735-Civil Term ORDER AND NOW, this day of , 2012 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Kimberly J.C. Brennan, for $324,189.83 plus interest from October 19, 2011 and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: J. D co QTY' CU?gE YLEAS OF _ r?pN?5YLV ASIA ?N ?.? OF co co ,?4 IN T CIVIL A ? .. n A• Ingie Rosaplainti? 1{athry V5 Ros?lO 1. . NO 2?Ip_2882 DIV ?RCF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kathryn A. Ingle-Rosario : CIVIL ACTION - LAW C-, Plaintiff C- " 1 ? -? ~r Y vs NO. 2010-2882 z M - ?fi; r r T rn c ; DIVORCE Richard A Rosario -C . Defendant _A4 t -, AMENDED ORDER OF COURT AND NOW, this 41 day of c- 4 201 7., it is hereby ORDERED that: the order issued November 18th, 2011 is amended to include the following; a. Kathryn Ingle-Rosario is hereby authorized to execute any documents including endorsement of the Erie Insurance check made payable to Kathryn Ingle-Rosario, Richard Rosario, Bank of America and Member's 1st Federal Credit Union without obtaining Richard Rosario's notice or consent and both Bank of America and Member's 1st Federal Credit Union are authorized to communicate with Kathryn Ingle-Rosario about the mortgage or loan accounts secured against the property at 6 Mountain View Road, Mt. Holly Springs, PA 17065 without the consent of Richard Rosario. b. Based upon the testimony adduced, Attorney Marlin L. Markley, Jr, is hereby authorized to file a praecipe to withdraw as counsel for Richard Rosario at the above docket. c. The action at the above docket and docket no. 2010-3004 shall be considered consolidated and no further filings shall be accepted at docket no 2010-3004. BY THE COURT: C j Albert H. Masland, J. Distribution: V, Jason D. Arnold, Esq. PO Box 6462, Harrisburg, PA 17112 for Plaintiff ? Marlin Markley, Esq., 3920 Market St, Ste 303, Camp Hill, Pa 17011 for the Defendant Nathan C. Wolf, Esq. 10 West High St. Carlisle, Pa 17013-2922 led 311pll)? 0-1- 4 PRAECIPE FOR LISTING CASE FOR ARGUMENT 111 ; t?. fl ? ? ' (Must be typewritten and submitted in duplicate) 2012 MAR 14 AM 11: 08 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CUMBERLAND COUNTY PEN.NSYLVANIA Please list the within matter for the next Argument Court. Metlife Home Loans A Division of Metlife Bank, NA 4000 Horizon Way Irving, TX 75063 Plaintiff vs. Kimberly J.C. Brennan 2800 Market Street A/K/A 2800 and 2802 Market Street Camp Hill, PA 17011-4533 Defendant 2 (a) for plaintiff. Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17102 (b) for defendant: Gregory S. Hazlett, Esquire Address: 7 West Main Street Mechanicsburg, PA 17055 3 4 Court of Common Pleas Civil Division Cumberland County No. 10-2735-Civil Term State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment Identify counsel who will argue case: I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: April 13, 2012 Date: 3 1-5-ldo 0- Z2,1 ttorney for aintiff 0&4?8 ?q., S--? a, ? ?? II(??SO9 -7 51 -3 7 PHELAN HALLINAN & SCHMIEG, LLP By: Andrew J. Marley, ESQUIRE Identification No. 312314 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Metlife Home Loans A Division of Metlife Bank, NA 4000 Horizon Way Irving, TX 75063 Plaintiff vs. Kimberly J.C. Brennan 2800 Market Street A/K/A 2800 and 2802 Market Street Camp Hill, PA 17011-4533 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-2735-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and Praecipe for Argument were sent via first class mail to the person on the date listed below: Gregory S. Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 17055 Date: r 2 ( By: Andrew J. Mar ey, Esquir Attorney for Plaintiff Attorney for Plaintiff PHELAN HALLINAN & SCHMIEEr,1l1 ? + T ,A , i'k Jenine R. Davey, Esquire r , ." I _ f, `' ? . L 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza '1_41BERLAND COUNTY Philadelphia, PA 19103 F W N S Y LVA N I A 215-563-7000 METLIFE HOME LOANS A DIVISION CUMBERLAND COUNTY OF METLIFE BANK NA COURT OF COMMON PLEAS VS. CIVIL DIVISION KIMBERLY J.C. BRENNAN 2800 MARKET STREET, A/K/A 2800 AND No. 10-2735-CIVIL TERM 2802 MARKET STREET CAMP HILL, PA 17011-4533 PRAECIPE FOR IN REM JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant KIMBERLY J.C. BRENNAN pursuant to the attached Consent Judgment. Kindly assess Plaintiff s damages against KIMBERLY J.C. BRENNAN as follows: As set forth in Consent Judgment $285,428.54 Interest - 04/21/2010 to 04/19/2012 $32,098.10 Servicer Fees $0.00 TOTAL $317,526.64 Date: Je ne R. Davey, Esq re At rney for Plaintif 104 0?- a-?U U Scl 236147 `? PHELAN HALLINAN AND SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 31656 126 Locust Street Harrisburg, PA 17101 ,L215) 563-7000 x 7365 Metlife Hone Loans A Division of Metlife Bank NA Plaintiff V. Kimberly J.C. Brennan Defendants Attorney for Plaintiff' Court of Common Pleas Civil Division Cumberland County : No. 10-2735-Civil Term CONSENT JUDGMENT AND NOW, This q 41- day of A-P r t , 2012 it is hereby agreed by and 14 between, Metlife Nome Loans A Division of Metlife Bank, NA Horne (hereinafter "Plaintiff'), by and through its counsel, Joseph P. Schalk, Esquire and Kimberly J.C. Brennan (hereinafter "Defendant") by and through counsel, Gregory S. Hazlett, Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 2800 Market Street A/K/A 2800 and 2802 Market Street, C.unp Hill, 13A 17011 X1533 (hereinafter the "Property"); WHEREAS, Defendant is the owner and mortgagor of the Property; WHEREAS, the Mortgage on the property is in default because monthly payments on the Mortgage due September 1, 2008 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: An in rem judgment is entered in favor of Plaintiff and against Defendant in the sum of $285,428.54 plus interest from April 21, 2010 at the rate of $43.97 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. 3. Defendant's Answer to Plaintiff's Complaint filed on June 10, 2010 is hereby dismissed with prejudice. 4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 5. Defendant will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. Ei. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. T The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. This Consent Judgment may be executed in counterpart. DATE: ?-l t 7-- DATE: regory aZ , UII Atty. y for Defendant '? n n PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Jenine R. Davey, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION CUMBERLAND COUNTY OF METLIFE BANK NA COURT OF COMMON PLEAS VS. CIVIL DIVISION KIMBERLY J.C. BRENNAN No. 10-2735-CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant KIMBERLY J.C. BRENNAN is over 18 years of age and resides at 2800 MARKET STREET, A/K/A 2800 AND 2802 MARKET STREET, CAMP HILL, PA 17011-4533. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.,--,, Date ?- Jeni e . Davey, Esq? Att rn v for Plaintiff 236147 (Rule of Civil Procedure No. 236) - Revised METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. KIMBERLY J.C. BRENNAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2735-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on \ V qDo,?- By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Jenine R. Davey, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v KIMBERLY J.C. BRENNAN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/20/2012 to Date of Sale ($52.20 per diem) TOTAL NO.: 10-2735-CIVIL TERM CUMBERLAND COUNTY 1- M $317,526.64 ALL; --- $7,255.80' $$324,782.44 elan Hallinan & Schmieg, LLP ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS # 236147 21a.5o PQ A-r I.So CBF qA' 00 of IQ. /,5 a -So aoo . 7,5 Po Arty a.a5 Lbe (.,a' 5o t.(, c* Ilgact-1y P-* a-&Dgo 2E onq+ w w L > w N z ?M Z w (y ? 00 in V] Q ¢ Q N s- ? W 0 7 3 ¢ 0 w cq W W a H ~ w °> o z z o 0 wcn 04 a 00 o A Oa ? ? ?;z H z ? z O c a -? U? O ? ? c Ew f? OU a ?? 4; s va w In t." O w- -C O bD r_ O c^d p aad Ufx 'x ? ?a" ? w o .= x a. I?1 U ? > W FFF x"'111 ? a ° ¢ PHELAN HALLMAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION V. KIMBERLY J.C. BRENNAN Defendant(s) : NO.: 10-2735-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P n Hallinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff rll i w; ? ?..i. ? .may ?..,.,_ METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. KIMBERLY J.C. BRENNAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-2735-CIVIL TERM CUMBERLAND COUNTY PHS # 236147 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, 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 2800 MARKET STREET, A/K/A 2800 AND 2802 MARKET STREET, CAMP HILL, PA 17011-4533. Name and address of Owner(s) or reputed Owner(s): Name 2. 3. 4. KIMBERLY J.C. BRENNAN Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably Tw= ascertained, please so indicate) r'ri i '?-- 2800 MARKET STREET, --, 7 A/K/A 2800 AND 2802 MARKET STRE C3 ; rye ` CAMP HILL, PA 17011-4533 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) CORESTAR OF PA, INC. CORESTAR OF PA, INC. C/O KEVIN FEEHELEY CORESTAR OF PA, INC. C/O APPALACHIAN SETTLEMENT AGENCY, LLC CORESTAR OF PA, INC. C/O MIDDLEBERG, RIDDLE & GIANNA MERS, AS NOMINEE FOR CORESTAR OF PA, INC. 1966 GREENSPRING DRIVE, STE. 610 TIMONIUM, MD 21093 1966 GREENSPRING DRIVE SUITE TIMONIUM, MD 21093 1229 EAST CHOCOLATE AVENUE HERSHEY, PA 17033 717 N. HARWOOD, STE. 2400 DALLAS, TX 75201 P.O. BOX 2026 FLINT, MI 48501-2026 MERS, INC. AS OF 12/6/10,1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 MERS, INC. FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 2800 MARKET STREET A/K/A 2800 AND 2802 MARKET STREET CAMP HILL, PA 17011-4533 TENANT/OCCUPANT TENANT/OCCUPANT DARRYL K. BRENNAN DARRYL K. BRENNAN C/O CINDY SEBASTIAN CONLEY, ESQ. YORK COUNTY DIVORCE MASTERS OFFICE COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 2802 MARKET STREET CAMP HILL, PA 17011-4533 2800 MARKET STREET CAMP HILL, PA 17011-4533 104 S 15TH STREET CAMP HILL, PA 17011 45 N GEORGE STREET SUITE 4400 YORK, PA 17401 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 HSBC MORTGAGE SERVICES 636 GRAND REGENCY BLVD BRANDON, FL 33510 MERS, AS NOMINEE FOR HSBC MORTGAGE SERVICES KIMBERLY J.C. BRENNAN C/O GREGORY S HAZLETT, ESQ. P.O. BOX 2026 FLINT, MI 48501-2026 7 WEST MAIN STREET MECHANICSBURG, PA 17055 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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: s 3 2 By: (n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff i14 METLIFE HOME LOANS A DIVISION OF METLIFE BANK COURT OF COMMON PLEAS NA CIVIL DIVISION Plaintiff NO.: 10-2735-CIVIL TERM VS. KIMBERLY J.C. BRENNAN CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY mw c '-'F- TO: KIMBERLY J.C. BRENNAN 2800 MARKET STREET, per. _. A/K/A 2800 AND 2802 MARKET STREE T e? 4,,..,,. 77 CAMP HILL, PA 17011-4533 - :21= "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 2800 MARKET STREET, A/K/A 2800 AND 2802 MARKET STREET, CAMP HILL, PA 17011-4533 is scheduled to be sold at the Sheriffs Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of S317,526.64 obtained by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA (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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. r" 4 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 eo LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by G. J. Betz, Registered Surveyor, dated February 11, 1971, as follows, to wit: BEGINNING at a point on the north side of Market Street at corner of premises No. 2724 Market Street, and point also being 321 feet west of the northwest corner of 27th and Market Streets; thence along the north side of Market Street, north 84 degrees 30 minutes west, 97.19 feet to a point at corner of premises No. 2804 Market Street; thence along last said premises north two (2) degrees seven (7) minutes east, 115.28 feet to an iron pin; thence along the same, south 84 degrees 20 minutes east, 28 feet to an iron pin; thence continuing along the same, north two (2) degrees seven (7) minutes east, 46.97 feet to a point at line of land now or formerly of Stephen J. Bischof; thence along last said land south 86 degrees 38 minutes east, 62.18 feet to a point at line of premises No. 2724 Market Street aforesaid; thence along said line, south 00 degrees 17 minutes east, 165.19 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Kimberly J.C. Brennan, by Deed from Darryl L. Brennan and Kimberly J.C. Brennan, h/w, dated 06/06/2005, recorded 06/13/2005 in Book 269, Page 1681. PREMISES BEING: 2800 MARKET STREET, A/K/A 2800 AND 2802 MARKET STREET, CAMP HILL, PA 17011-4533 PARCEL NO. 01-21-0273-314 r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-2735-CIVIL TERM METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA vs. KIMBERLY J.C. BRENNAN owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) 2800 MARKET STREET, A/K/A 2800 AND 2802 MARKET STREET, CAMP HILL, PA 17011-4533 Parcel No. 01-21-0273-314 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $317,526.64 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-2735 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METLIFE HOME LOANS, a Division of METLIFE BANK, N.A., Plaintiff (s) From KIMBERLY J. C. BRENNAN (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: $317,526.64 L.L.: S.50 Interest from 4/20/12 to Date of Sale ($52.20 per diem) -- $7,255.80 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $200.75 Other Costs: Plaintiff Paid: Date: 6/1/2012 J David D. Buell, Prothonot (Seal) iav: Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 FILED-OFFICE Of THE PROTHONOTARY 2D 12 jUtL 12 AM 9: S 9 4MBERLAND COUNTY Phelan Hallinan & Schmieg, L PENNSYLVANIA Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County KIMBERLY J.C. BRENNAN No.: 10-2735-CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 23, 2010. 2. Both parties entered into a consent judgment on April 19, 2012. Judgment was entered on May 4, 2012 in the amount of $317,526.64. True and correct copies of the consent judgment and the praecipe for judgment are attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new i cannot be added at the time of entry of the judgment. 236147 4. The Property is listed for Sheriffs Sale on September 5, 2012. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $246,880.84 Interest Through September 5, 2012 $65,702.09 Per Diem $43.97 Legal fees $1,300.00 Cost of Suit and Title $586.75 Property Inspections $15.00 Mortgage Insurance Premium/ Private Mortgage Insurance $4,414.08 Non Sufficient Funds Charge $15.00 Escrow Deficit $29,016.65 TOTAL $347,930.41 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default. 8/19/2008 SCHOOL TAX $3,815.57 10/22/2008 INSURANCE $1,277.00 4/15/2009 CITY TAX $1,733.36 8/17/2009 SCHOOL TAX $3,971.20 10/21/2009 INSURANCE $1,618.00 12/4/2009 PAYMENT ($673.42) 3/25/2010 PAYMENT ($225.14) 4/6/2010 CITY TAX $1,733.37 8/13/2010 SCHOOL TAX $4,349.53 10/27/2010 INSURANCE $1,765.00 4/13/2011 CITY TAX $1,803.53 8/12/2011 SCHOOL TAX $4,612.12 10/25/2011 INSURANCE $1,433.00 4/2/2012 CITY TAX $1,803.53 TOTAL $29,016.65 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 236147 Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a its proposed Motion to Reassess Damages and Order to the Defendant on June 29, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Sc eg, LLP By: Andrew J. Marley, Esquire ATTORNEY FOR PLAIN of 236147 Phelan Hallinan & Schmieg, LLP Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County KIMBERLY J.C. BRENNAN No.: 10-2735-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE KIMBERLY J.C. BRENNAN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2800 MARKET STREET, A/K/A 2800 AND 2802 MARKET STREET, CAMP HILL, PA 17011-4533. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 2361147 In the instant case, Defendant defaulted under the Mortgage by failing to tender promised monthly mortgage payments. Accordingly, after it was clear that the default would not cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed outdated and need to be adjusted to include current interest, real estate taxes, insurance costs of collection, and other expenses which Plaintiff has been obligated to pay under the in order to protect its interests. It is also appropriate to give Defendant credit for monthly tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1 Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to 2361147 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgz also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 236147 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsy Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 236147 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff i simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 9 letters, loan documents, account records, title reports and supporting documents, preparing reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping_ Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent 236147 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred the foreclosure action. The amount claimed for the costs of suit and title are the expenses paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.?. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's s purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129j1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 236147 The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment fro the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs f suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to t] terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically hal a vendor visit the premises to determine if any windows need to be boarded up, if the property i vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code 2361 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has pai out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in tl Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: O G4- By: ew J. Marley, squire Attorney for Plaintiff 2361 Exhibit "A" ,v PHELAN HALLINAN AND SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 L2151563-7000 x 7365 Metlife Home Loans A Division of Metlife Bank NA Plaintiff v. Kimberly J.C. Brennan Defendants Attorney for Plaintiff Court of Common Pleas : Civil Division : Cumberland County No. 10-2735-Civil Term CONSENT JUDGMENT AND NOW, This day of AfP r t , 2012 it is hereby agreed by and 14 hevween, Metlife Home Loans A Division of Metlife Bank, NA Home (hereinafter "Plaintiff'), by and through its counsel, Joseph P. Schalk, Esquire and Kimberly J.C. Brennan (hereinafter "Defendant") by and through counsel, Gregory S. Hazlett, Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 2800 NU-k-cl Street A/K,/A 2800 mid 2802 Market Street, C:uiip Hill, PA 17011-1533 (hereinafter the WHEREAS, Defendant is the owner and mortgagor of the Property; WHEREAS, the Mortgage on the property is in default because monthly payments on the Mortgage due September 1, 2008 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments fora period of one month, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: An in rem judgment is entered in favor of Plaintiff and against Defendant in the sum of $285,428.54 plus interest from April 21, 2010 at the rate of $43.97 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. 3. Defendant's Answer to Plaintiff's Complaint filed on June 10, 2010 is hereby dismissed with prejudice. 4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 5. Defendant will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. fi. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. 7. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. This Consent Judgment may be executed in counterpart. DATE: [ y DATE: regory az ui Atto y for Defendant r ,`_ .?. PHELAN HALLINAN & SCHMIEO', Ili Jenine R. Davey, Esquire ti? 0. 4 A?? 1617 JFK Boulevard, Suite 1400 12 _ , One Penn Center Plaza -VAIBERLAND COUNTY Philadelphia, PA 19103 F E h y S Y LVA N I A 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA VS. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION KIMBERLY J.C. BRENNAN 2800 MARKET STREET, A/K/A 2800 AND No. 10-2735-CIVIL TERM 2802 MARKET STREET CAMP HILL, PA 17011-4533 PRAECIPE FOR IN REM JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant KIMBERLY J.C. BRENNAN pursuant to the attached Consent Judgment. Kindly assess Plaintiff's damages against KIMBERLY J.C. BRENNAN as follows: As set forth in Consent Judgment Interest - 04/21/2010 to 04/19/2012 Servicer Fees TOTAL Date: $285,428.54 $32,098.10 $0.00 $317,526.64 4 Je ne R. 4Esq A rnev t tjq?? 236'? C- 40-31eA Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 29, 2012 GREGORY S HAZLETT, ESQUIRE 7 WEST MAIN STREET MECHANICSBURG, PA 17055 RE: METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA v. KIMBERLY J.C. BRENNAN Premises Address: 2800 MARKET STREETA/K/A 2800 AND 2802 MARKET STREE' CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 10-2735-CIVIL TERM Dear Counsel, Enclosed please find a true and correct copy of my proposed Motion to Reassess Da and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 5, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V eryl jml y yours.' dre . Marle r ,Sq Atttomey for Plaiiit ff', Enclosure 2361 t N 5 p E C U ? m ° a ffl fA d F O _ ? ? T b ' E T a o E c O o 3 E .E h ? V V ?axr u E m U c = d c u ° o 0,0 a?1wc A o w M.E p > 0 w o c .3 .E uz l?l V F V ? .? a r c a w w o ? v tG M 1+V ° a u O w U a? F .0.]o ? C Z Eu a ° ? - ? W t? W a . ?°? d F E.. ? p4 ? N a cis 'o ? rn ai ! E ., 0 4 ?, G u o a i 00 U ? e d 0=4 xz ?o , ?? ? ww z 12 W ar-Oa Z C7r-?" C4 Ha z * b . w ST, co "0 z <0 a M N Phelan Hallinan & Schmieg, LLP Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff V. KIMBERLY J.C. BRENNAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2735-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. GREGORY S HAZLETT, ESQUIRE 7 WEST MAIN STREET MECHANICSBURG, PA 17055 Phelan Hallinan & Schmieg, LLP DATE: / pl By: 3 rew J. Marley, Esquire ATTORNEY FOR PLA 2361, 5 F77 T ? It E' j TAI AID II: 3 CUMOEI LAND COUNT'`{ PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff v. KIMBERLY J.C. BRENNAN Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2735-CIVIL TERM AND NOW, this /? day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 236147 V E,ndrew J. Marley, Esq., Id. No.312314 Fhelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? GREGORY S HAZLETT, ESQUIRE 7 WEST MAIN STREET MECHANICSBURG, PA 17055 L, ?? K- m ber ill r. C . Brenn k , I T ??t 's '1 714 236147 236147 O i h P OTHONOTARY 2012 JUL 23 AN 9: 59 CUMBERLAND COUNTY PENNS YLVANIA, Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA Plaintiff Court of Common Pleas Civil Division vs. KIMBERLY J.C. BRENNAN Defendant CUMBERLAND County No.: 10-2735-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 16, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. GREGORY S HAZLETT, ESQUIRE 7 WEST MAIN STREET MECHANICSBURG, PA 17055 /J :=, LLP DATE: By:P Melissa J. Cantwell, Esquire Attorney for Plaintiff 236147 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF Court of Common Pleas METLIFE BANK NA : Plaintiff Civil Division vs. KIMBERLY J.C. BRENNAN CUMBERLAND County Defendant ORDER AND NOW, this r'tk day of 2012, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through September 5, 2012 Per Diem $43.97 Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Non Sufficient Funds Charge Escrow Deficit TOTAL V1NVn1,kSNQd Plus interest from September 5, 2012 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. -;tte" .6c ?)ge14 t,, Pa n4h 4 _-,a M Xta, Mel tad S- SnV Z10 r! v1 6r, ®.' , -5" No.: 10-2735-CIVIL TERM $246,880.84 $65,702.09 $1,300.00 $586.75 $15.00 $4,414.08 $15.00 $29,016.65 $347,930.41 BY THE COURT:: P J. 236147 PHELAN HALLINAN & SCHMIEG, LL,P~~'~ AU~ ~ ~ ~~ +~.itar~ey for Plaintiff Matthew Brushwood, Esq., Id. No.31059? 1617 JFK Boulevard, Suite 1400 ~;U~jgER~~Np COUNTY One Penn Center Plaza FENNSY!_Vt~N1A Philadelphia, PA 191 C13 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METLIFE HOME LOANS A DIVISION OF CUMBERLAND COUNTY METLIFE BANK NA Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION KIMBERLY J.C. BRENNAN No.: 10-2735-CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 31.29.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attachedlhe o Ex bit "A". tthew`I~ !~ ~ ttorney for Date: _ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 236147 - - T-- ...... ~.... -. __..._ -- -. __ ;--~ ~ ? .- ,~ ~ x J ~ taa Y W k•~ "` ~ r :~ X- X~ K X. ... y. % A- k- (D ". 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Z r H ~ C n ~ r Q~. ~ /v/ '; a~ s g? ~ 1.. t~ ,,,~' a ~ c ~~' a _' `n O ~: ~ m c •° °~° ti ~ Coif ~ ~ ~ ~„ y o ~' I ~ s, o c ~~ re O ,,,j ~ ~`~~ a~ N C K x t~3 d ~ o~3w ~ < ~ ~~~~~~ ~~ ~ p zG ~i ~~~ ~ n ~ o ~ ~ °' ~ "' p- ~ C'~ ~ Cl'1 x .~ ~ ~ a R~ ~ ~ a ~ a i ^~~3 ~ ~ ~ ~ d 7 y ~ ~ ~+ ro .~ ~ ~. ~ ._ o~v ~ ~ I - __-°.._.. .__.__......._.- m ~___..,.„. _ Q, n c.E ~ 7 - o ~ t c o ^ _= ~ a ~ ~ ~ "'o o' o n ~ ~ ~ ~ ~ p ~ c o ?; ~ .. ~ ~ VS .. ~ `- i n S h T __., .. _._ j ~ ' E ~ 1 ~ t ~ E€ n ~ ~ f O b _~ U ~ Q'I 0 R~ ~91a (D +~ y; ~~~\ ~~• ~» ~ ~ p~. ~T . j r • METLIFE HOME LOANS, A 1N THE COURT OF COMMON PLEAS OF DIVISILN OF METLIFE CUMBERLAND COUNTY, PENNSYLVANIA BANK N.A., Plaintiff CIVIL ACTION -LAW NO. 10-2735 CIVIL vs. KIMBERLY J. C. BRENNAN, Defendant ORDER AND NOW, this ~ ~ ~ day of August, 2012, the Court being in receipt of the attached correspondence, Sheriff's Sale in this case is stayed for a period of sixty (60) days from August 8, 2012, to give the defendant the opportunity to participate in the Cumberland County Mortgage Foreclosure Diversion Program. In the event the parties are unsuccessful in reaching mutually agreeable accommodation, a Sheriff s Sale may be relisted without the necessity of further advertising. BY THE COURT, // Melissa Cantwell, Esquire For the Plaintiff ~/ Kimberly Brennan 2800 Market Street Camp Hill, PA 17011 1~ Cumberland County Sheriff Attachment ~ ~~ -~ . Hess, P. J. -~ ~,' r ~~ .F.. ~. ==~ x> m ~• ~s w ~; ~T ~+' ~' ~:. ~M1 „a ;~u> ~:, ~~ f ~ August 8, 2012 Hon. President Judge Kevin Hess Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Reference case #: 10-2735 - Civil Term Dear Sir, I am requesting a stay on the current sheriff sale order set for September 5th, involving the aforementioned case. Filed in 2010, I sequentially participated three mortgage modification processes over a 2 year period, all the while on m disability. Currently my home is listed for sale with RSR Realty as a conting plan, while pursuing alternative financing. If granted, the stay on the Curren sheriff sale order would enable more precious time to secure alternative finan attempt the modification process again, or while under duress, sell my propert I will fill out the necessary forms for relief as referenced below, which were provided by Prothonotary, Mr.David Buell. http://www.ccpa.net/DocumentCenter/View/14498 2012, n dical ncy ing, Additionally, I have filed two complaints against MetLife and Fanny Mae with C nsumer Protection Finance Bureau (ConsumerFinance.gov), requesting that the proposed s lution be, to grant the established loan modification, as the proven trial period ind Gated: Money owed would be placed on the back of the loan and the mortgage would have a low fixed rate of 2%. I have also contacted the PA Attorney General, Linda Kelly's office, for the necessary forms to enter into the National Landmark $226 milli n Settlement, involving unjust PA State Mortgage Foreclosures. Upon immediate completion of the all aforementioned forms, I will be contacti MidPenn 717-243-9400 EXT 2510, and will be speaking with Lynne, to acquire fr assistance; ultimately hoping to pursue any uncharted avenues. Thank you kindly far your consideration and attention to this matter, ~. . Kimberly Brennan 2800 Market Street Camp Hill, PA 17011 brennan2800@yahoo.com (717) 712-2219 legal