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Home My WebLink About10-4234UDREN LAW OFFICES, P.C. .MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF PNC Mortgage, a division of PNC ECOURT OF COMMON PLEAS Bank NA :CIVIL DIVISION r n r.a o 7- 3232 Newmark Drive Miamisburg, OH 45342 :Cumberland County Plaintiff V. Jeffrey C. Beinhauer Tracey E. Beinhauer ' NO. 1 J / a'- / C"(Ifdh 155 Creekwood Drive Camp Hill, PA 17011 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association cc 2 Liberty Avenue ?,? d p d ay Carlisle, PA 17013 J 717-249-3166 800-990-9108 ?? ?- yya ?l AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this action. Plaintiff is successor by merger to original mortgagee National City Mortgage Co. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 155 Creekwood Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 9/13/02 DATE RECORDED: 9/20/02 BOOK: 1773 PAGE: 4264 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 6/22/10: Principal of debt due $142,154.84 Unpaid Interest at 5.875% from 6/1/08 to 6/22/10 (the per diem interest accruing on this debt is $22.88 and that sum should be added each day after 6/22/10) 17,183.78 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $1.02 and that sum should be added on the first of each month after 6/22/10) 11,611.41 Late Charges (monthly late charge of $61.35 should be added in accordance with the terms of the note each month after 6/22/10) 217.40 Other Fees 113.00 Attorneys Fees (anticipated and actual to 50 of principal) 7,107.74 TOTAL $178,993.17 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $178,993.17 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. CES, P. C. BY: Attorneys or Pla' if MARK J. N, ESQUIRE STUART W NN G, ESQUIRE LORRAIN DO LE, ESQUIRE ALAN M. NATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE AI.L T?:A4' CERTAIN tracC of land, situate ir,.the Township of uowC'r Allen, County of cumb-.rland, and State of tiennsyivacfi3, bounded and described as follows, to wit-, FiEoNv?1G at a point at the Southeastern corner of Lot No. f the Plan of'Ailendale, as recorded i8 • „ o A 14-A, Section the Cumberland County Recorder's Office in Plan Book 38, 14-A N , o. Page 42, thence along the Southern line of Lot uth 75 degrees 23 minutes 08 S o RCction "B" of said Plan, seconds Wcat, 30.44 feet to a point at the Northeastern corner of Lot Na. 15-A, Section "8" of said Plan, thence along the F.SStern line of Lot NO. 15-A. Section "8" of said P1an7 thence along the Eastern line of Lot NO. IS-A, f said Plan of Allendale, South 11 degrees 05 "B" o Section minutes 52 seconds East, 148.31 feet to a point in the Northern 1•ine of creekwood Drive (50 feet wide): thence south 7S along the Northern line of Creekwood Drive, degrees 54 minutes 08 see°nas west. 65.0 feet, more or thence, section t r ?i NO. Lo n' leas, to aPoint the e stern line of extending along t s e n e to et f 172.76 of the Plan Of 418ndale, degrea point "B" degrees 05 minutes 521S000nds EaSt 8reechca Creek; thence down the to the bank of the Yellow llow Breeches Creek. North 78 degrees 02 minutes East, t; thence continuing i Ye n 389.05 feet, more or less, to a.PO eches 'Creek. North 65 dearees 09 niinvteg ow or d n down the yellow Bre East. 14().63 foot to a poi'nt,in the line of lan the. nN.a d Investment Com e F of tional formerly of National Land an along the line of said land now or 7lyderl 00 minutes L Land and Investment ComPaAYr 5 feat to a point, thence by the SAM, North more or t ., west. 467.4 grees 02 minutes 52 seconds West, 47,5. fee oint at the Southeastern corner of. Lot NO. 14- de in the- as rcorded a ci A 1e . p to s, Section "8" on the Plan of Allendale, soolt a. lof page Recorder's O¢cy pand in TV Plaee Cumberland COUr,SY t o above mentioned, at 42, first P; BEGINNING. and I. S. which Paul T. Shearer BEING the same premises i s?na ? i T: n recorded i987 AuguSt lai Eberly. cc-BartDeed 'dated in and forerlan d Eberly. by d s an ranted and the office of the Recorder a# Dee in Deed Book W. Page'693, 9 D' County. Pennsylvania, ed unto Donald A. Klaiber and Jolynn m. Klaiber. . convey C1 He Le Dc De Est Kn Det Ch; Re-, Dab Add C: Q PC Mf)f MAJOb- P.O. Box 1820 Dayton, Ohio 45401-1820 March 25, 2010 49269-0000001-001-001-000-000-000 BEINHAUR,JEFFREY C 155 CREEKWOOD DR CAMP HILL PA 17011-8481 11111111 7107 8381 6540 2105 1344 PNC Mortgage 3232 Newmark Drive Miamisburg, Ohio 45342 Telephone: (937) 910-1200 Mailing Address: P.O. Box 1820 Dayton, Ohio 45401-1820 ?Y DATE: March 25, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) my be able to help to save your home This Notice explains how the program 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 Co nsumer Credit Co unseling Age ncies ser ving your Count X list d h t th d f thi If N ti e a are a e en o s o ce_ you ve any questions. you may call the Penn sylva nia Housing Finance A gency toll free at 1-800-342-2397. (Persons with im paired hearin g can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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. HOMEOWNER'S NAME(S): BEINHAUR,JEFFREY C BEINHAUR,TRACEY E PROPERTY ADDRESS: 155 CREEKWOOD DR LOAN ACCT. NO.: 0001552526 ORIGINAL LENDER: n/a CURRENT LENDER/SERVICER: PNC 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 PAYMENT . 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'ineeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING NI UST OCCUR WITHIN (33) DAYS OF THE DATE OF TIII NOTICE, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE- YOU ST BRING YOUR MORTGAGE 1P TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO THE YOUR MORT A E 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 proj&M is located are et forth at the end of this Notice. It is only necessaryto schedule one face-to-face meeting. Advise your lenderimmediatelyof 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.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner'sEmergency 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 lender 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 FROMSTARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTIONCALLED "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 EVENTUALLYAPPROVED AT ANYTIME 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 (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 155 CREEKWOOD DR CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) July 01, 2008 to March 01, 2010 and the following amount(s) are now past due: Monthly Payments 1,228.01 Corporate Fees 0.00 Late Charges 33.35 Non-Sufficient Funds .00 Fax Fees .00 Property Inspection Fees 90.00 Less Suspense Balance .00 Total Amount Past Due $26,229.86 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 $26,229.86, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa=Pntc miict ha marls- ai thcr h?r r•achi Pr1 c rhark rPrti f; ar3 rhPrk rash nr mnnP?7 order marls- jpA?4ah1P am cent- tn• PNC Mortgage Collections Center 3232 Newmark Dr Miamisburg, OH 45432 This is an attempt to collect a debt, any information obtained will be used for that purpose. Enclosure DR672 It' YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediatelyand 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 u Ron your mortgaged ro e 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 delinquencybefore 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. BHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have beaun. you still have the right to c„re the rhafa» It EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately nine - ten months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER : Name of Lender: PNC Mortgage Address: 3232 Newmark Dr. X uURC i14 UMUCIC: 1-aUV-JLJ-aOJ4 Fax Number: 937-910-4009 Contact Person: Collections Center E-Mail Address: Loss. Mitigation(a) pncmo gage.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property an your Mg-ht 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 any time. ASSUMPTION OF MORTGAGE -- You may or may not X (CHECK ONE) sell or transfer your home to a buyer or transferee who T 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. will restore your mortgage to the same position as if you had never defaulted 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 NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PN C h+ OK G ' ' P.O. Box 1820 Dayton, Ohio 45401-1820 March 25, 2010 49269-0000002-001-001-000-000-000 IIII III?11?I9111NIIIIIYI?IIYW 7107 8381 6540 2105 1351 PNC Mortgage 3232 Newmark Drive Miamisburg, Ohio 45342 Telephone: (937) 910-1200 Mailing Address: P.O. Box 1820 Dayton, Ohio 45401-1820 BEINHAUR,TRACEY E 155 CREEKWOOD DR CAMP HILL PA 17011-8481 DATE: March 25, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program 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 Count X are listed at the end of this Notice. If you have any questions,, may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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. HOMEOWNER'S NAME(S): BEINHAUR,JEFFREY C BEINHAUR,TRACEY E PROPERTY ADDRESS: 155 CREEKWOOD DR LOAN ACCT. NO.: 0001552526 ORIGINAL LENDER: n/a CURRENT LENDER/SERVICER: PNC Bank 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'ineeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN (33) DAYS OF THE DATE OF TIH NOTICE, IF YOU DO ATl1T A WNT XT 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 teleghonenumbers of designated consumer credit counseling agencies for the count which the property is located are set forth at the end ofthi Notice. It is only necessaryto schedule one face-to-face meeting. Advise your lenderimmediat?lyof 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.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner'sEmergency 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 lender 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 FROMSTARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTIONCALLED "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 EVENTUALLYAPPROVED 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 (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 155 CREEKWOOD DR CAMP HILL PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) July 01, 2008 to March 01, 2010 and the following amount(s) are now past due: Monthly Payments 1,228.01 Corporate Fees 0.00 Late Charges 33.35 Non-Sufficient Funds .00 Fax Fees .00 Property Inspection Fees 90.00 Less Suspense Balance .00 Total Amount Past Due $26,229.86 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 $26,229.86, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa=Pnta m714t hp mar1P Pl thPr her Caahi Pry a nhark, rPrri f; ad rhpnk cash nr mnno-x nrrlPr made Qayah1 P and aPnt tn: PNC Mortgage Collections Center 3232 Newmark Dr Miamisburg, OH 45432 This is an attempt to collect a debt, any information obtained will be used for that purpose. Enclosure DR673 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediatelyand 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 u1jon your mortgaged ro e 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 nay attorney's fees OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time W 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 cost connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performingapv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately nine - ten months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER : Name of Lender: PNC Mortgage Address: 3232 Newmark Dr. rnone lvumber: 1-800-523-8654 Fax Number: 937-9104009 Contact Person: Collections enter E-Mail Address: Loss. Mitigation(a pncmo gage.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your ng t to occupy it. If you continue to live in the property after the Sheri ffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or may not X (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 NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. FILES, P.C. BY, Atto n MARK J. STUAR LOR IN M. C RA ADAM . MARGUER Ys or Plaintiff REN, ESQUIRE 4INNEG, ESQUIRE DOYLE, ESQUIRE INATO, ESQUIRE ARKEMA, ESQUIRE KAYES, ESQUIRE CTE L. THOMAS, ESQUIRE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~4~ ~i„ dt ~eunlrr~,~~~~ ~~. ~r~ ~ E ;~F -, F -~~u~~r ~~ ~cL ~~ i f'~,i f, ~ ;~~~v 2010 ,1UL - ` Pty 2: 42 CU`~,~~: ~ ~,}~F~~Y~~{~; .S ~1~. PNC Mortgage vs. Case Number Jeffrey C. Beinhauer (et al.) 2010-4234 SHERIFF'S RETURN OF SERVICE 06/29/2010 05:46 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to la ,states that on June 29, 2010 at 1740 hours, he served a true copy of the within Complaint in Mortga oreclosure, upon the within named defendant, to wit: Jeffrey C. Beinhauer, by making known nto hi a personally, at 155 Creekwood Drive, Camp Hill, Cumberland County, Pennsylvania 1701 ~on nt and at the same time handing to him personally the said true and correct copy of the same. T DEPUTY 06/29/2010 05:46 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, ates that on June 29, 2010 at 1740 hours, he served a true copy of the within Complaint in Mortgage o closure, upon the within named defendant, to wit: Tracey E. Beinhauer, by making known nto Jeffr C. Beinhauer, Husband of defendant at 155 Creekwood Drive, Camp Hill, Cumberla u ty, en ylvania 17011 its contents and at the same time handing to him personally the said tru an c rre t co of the same. DEPUTY SHERIFF COST: $57.50 June 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF !rj Goui~iySuitG Shenff. Teleosof't. IrC. Jeffrey C. Beinhaur Tracey E. Beinhaur 155 Creekwood Dr. Camp Hill, PA 17011 717-571-6161 Re.. Complaint in Mortgage Foreclosure Cumberland County -Court of Common Pleas Civil Division Case No. 10-4234 PNC Mortgage, a division of PNC Bank NA 3232 Newmark Drive Miamisburg, OH 45342 Plaintiff V. Jeffrey C. Beinhauer Tracey E. Beinhauer 155 Creekwood Dr. Camp Hill, PA 17011 Defendant (s) A~~er ~- -~ i.~ ~ -~ ~= ;:~; r _ - _y T ,= ;- C1l - - a _ -T~ - LJ :~ .~; Defenses and Objections to claims set forth in suit: i . Plaintiff is understood to be PNC Mortgage, a division of PNC Bank NA successor by merger to National City Mortgage Co. 2. Defendant names are misspelled in the complaint. Correct last name spelling is Beinhaur whom are in fact the real owners and mortgagors of said premises. 3. Statements set forth in this section are true. 4. , 5. And 6. Defendant disputes various itemized amounts and total amount due. Defendant has made multiple attempts to modify said mortgage based on various mailings received from the Plaintiff. Defendant was notified that no foreclosure proceedings would take place until decision is made by Plaintiff on mortgage modification. Defendant has provided all requested information in good faith and timing to Plaintiff. ?. Defendant does not agree to attorney's fees being charged as mortgage modification processing has not been fiinalized. 8. Defendant has exercised the right to utilize the Pennsylvania Homeowner's Emergency Mortgage Assistance Program and has a pending appointment with an authorized Consumer Credit Counseling Agency on 27, July 2010. Jeffrey Beinha r: Tracey E. Beinhaur: ,,~"l ~ PNC MORTGAGE, a division of : IN THE COURT OF COMMON PLEAS OF PNC BANK, NA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW JEFFREY C. BEINHAUER and TRACEY E. BEINHAUER, Defendants NO. 10-4234 CIVIL TERM IN RE: MOTION FOR LEAVE TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE AND CONFIRM SERVICE ORDER OF COURT AND NOW, this 7`" day of September, 2010, upon consideration of Plaintiff's Motion for Leave To Amend Complaint in Mortgage Foreclosure and Confirm Service, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Sherri J. Braunstein, Esq. Woodcrest Corporate Center 111 Woodcrest Road Suite 200 Cherry Hill, NJ 08003-3620 Attorney for Plaintiff BY THE COURT, ~ ~, C,/ ~T. 'Wesley Ol ., J. ~` ~C ~ ~~ c ~} c~ '~D 1 ~.3 -~, Jeffrey C. Beinhauer /1;racey E. Beinhauer 155 Creekwood Drive Camp Hill, PA 17011 Defendants, pro Se :rc l.. 0~ t ES rrlclt ~/~ f~a ~~ -v ac N 0 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 leadings(aWdren.com PNC Mortgage, a division of PNC Bank NA Plaintiff V. Jeffrey C. Beinhauer Tracey E. Beinhauer Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-4234 Civil :--,j V „b MOTION TO MAKE RULE ABSOLUTE A_, I Plaintiff, PNC Mortgage, a division of PNC Bank NA, by its counsel, Udren Law Offices, P.C., and the undersigned Attorney, moves for a Rule Absolute, thereby granting Plaintiff the relief prayed for in its Motion for Leave to Amend Complaint in Mortgage Foreclosure and Confirm Service and in support thereof, avers as follows: A Motion for Leave to Amend Complaint in Mortgage Foreclosure and Confirm Service, together with a Rule to Show Cause why said Motion should not be granted was filed by counsel for Plaintiff on or about September 7, 2010. 2. The Rule to Show Cause was entered on September 7, 2010 with a Rule Returnable date of September 30, 2010. A true and correct copy of the Rule is attached hereto as Exhibit "A". 3. On or about September 7, 2010, the Prothonotary of Cumberland County served a true and correct copy of the Rule to Show Cause upon all the Defendant(s), interested person(s), and/or attorney(s) Via First Class Mail as indicated on the Distribution Legend on the Rule to Show Cause. See, Exhibit "A". 4. To the best of Plaintiff s knowledge, information and belief, no response was filed or any objections interposed by any of the served parties, attorneys , and/or interested persons. Therefore, no cause has been shown as to why the relief prayed for in said should not be granted. 5. The Rule to Show Cause should be made Absolute and the relief prayed for in the Plaintiffs Motion for Leave to Amend Complaint in Mortgage Foreclosure and Confirm Service should be granted. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order making the Rule Absolute and therefore grant the relief prayed for in its Motion for Leave to Amend Complaint in Mortgage Foreclosure and Confirm Service. Respectfully submitted, UDR?M LAW OFFICES, F -C. B v` U Lvwvvv Sherri J. Braunstein, Esquire Attorney for Plaintiff PNC MORTGAGE, a division of : IN THE COURT OF COMMON PLEAS OF PNC BANK, NA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW JEFFREY C. BEINHAUER and TRACEY E. BEINHAUER, Defendants NO. 10-4234 CIVIL TERM IN RE: MOTION FOR LEAVE TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE AND CONFIRM SERVICE ORDER OF COURT AND NOW, this 7" day of September, 2010, upon consideration of Plaintiff's Motion for Leave To Amend Complaint in Mortgage Foreclosure and Confirm Service, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Sh i J. Braunstein, Esq. oodcrest Corporate Center 111 Woodcrest Road Suite 200 Cherry Hill, NJ 08003-3620 Attorney for Plaintiff Jeffrey C. Beinhauer Tracey E. Beinhauer 155 Creekwood Drive Camp Hill, PA 17011 Defendants, pro Se :rc 3. 'Tesley Ol , T (Fx?) 61 ?- ,;q ,, VERIFICATION The undersigned Attorney hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to take this Verification, and that the statements made in the foregoing Motion To Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Dated: I ) oh b UDREN LAW OFFICES, P.C. By: &? hki) Shern J. Braunstein, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com PNC Mortgage, a division of PNC Bank NA = COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Cumberland County V. Jeffrey C. Beinhauer Tracey E. Beinhauer = NO. 10-4234 Civil Defendant(s) CERTIFICATE OF SERVICE I, the undersigned Attorney, hereby certify that I have served or caused to be served true and correct copies of Motion to Make Rule Absolute upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: November/6 , 2010 TO: Jeffrey C. Beinhauer a/k/a Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 Defendant Tracey E. Beinbauer a/k/a J ;49. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 Defendant UDRE AW OFFICES, P.C. Be. h J. Braun tem, Esquire Attorney for Plaintiff V, ` . UDREN LAW OFFICES, P.C. BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 PNC Mortgage, a division of PNC Bank NA Plaintiff V. Jeffrey C. Beinhauer Tracey E. Beinhauer Defendant(s) Nov 2 32010 ATTORNEY FOR PLAINTIFF n C -C)a COURT OF COMMON PLEAS a CIVIL DIVISION c n Cumberland County Ty c-? =a NO. 104234 Civil -< ORDER AND NOW, to wit, this day of ?jov , 2010, upon N d CJ r? c?a C', E5 = C) 4 --+ca Ca -?n X C)r+t consideration of Plaintiff s Motion for Leave to Amend Complaint in Mortgage Foreclosure and Confirm Service, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on September 7, 2010, Returnable September 30, 2010, is hereby made Absolute. It is further ORDERED that Plaintiff is granted leave to amend its Complaint in Mortgage Foreclosure by correcting the surname of the Defendants to: Beinhaur; and, It is further ORDERED AND DECREED that service of the Complaint in Mortgage Foreclosure is confirmed as complete and proper by virtue of the Defendants' filing of an Answer to Plaintiffs Complaint on July 15, 2010. Ft F S' rn?t,L54 fr C1• 'R4a.u..?.?s4vk) J. Pe-oOLULw- T BY THE COURT: ?2 a- 7 d- (j if UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com PNC Mortgage, a division of PNC E COURT OF COMMON PLEAS Bank NA ;CIVIL DIVISION 3232 Newmark Drive Miamisburg, OH 45342 :Cumberland County Plaintiff V. Jeffrey C. Beinhaur Tracey E. Beinhaur ENO. 10-4234 Civil 155 Creekwood Drive Camp Hill, PA 17011 Defendant(s) C ° f'r} C 7 t , -10 C') - -?; vC) ?- AMENDED COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO COURT ORDER 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt. is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you.. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this action. Plaintiff is successor by merger to original mortgagee National City Mortgage Co. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 155 Creekwood Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 9/13/02 DATE RECORDED: 9/20/02 BOOK: 1773 PAGE: 4294 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 6/22/10: Principal of d6bt due $142,154.84 Unpaid Interest at 5.875% from 6/1/08 to 6/22/10 (the per diem interest accruing on this debt is $22.88 and that sum should be added each day after 6/22/10) 17,183.78 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $1.02 and that sum should be added on the first of each month after 6/22/10) 11,611.41 Late Charges (monthly late charge of $61.35 should be added in accordance with the terms of the note each month after 6/22/10) 217.40 Other Fees 113.00 Attorneys Fees (anticipated and actual to 50 of principal) 7,107.74 TOTAL $178,993.17 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $178,993.17 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW O P.C. BY,: Attorneys for Plaintiff Daniel S. Siedman, Esquire PA ID 306534 V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, C. BY. Attorneys for Plaintiff Oal)iel S. Siedman, Esquire PA ID 306534 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com PNC Mortgage, a division of PNC :COURT OF COMMON PLEAS Bank NA ;CIVIL DIVISION 3232 Newmark Drive Miamisburg, OH 45342 ?Cumberland County Plaintiff V. Jeffrey C. Beinhaur Tracey E. Beinhaur ENO. 10-4234 Civil 155 Creekwood Drive Camp Hill, PA 17011 Defendant(s) CERTIFICATE OF SERVICE I, the undersigned Attorney, hereby certify that I have served or caused to be served true and correct copies of Amended Complaint upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other Date Served: November TO: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 Defendant (certificate of mailing) 2011 Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 Defendant UDREN LAW OFFICES, P.C. '\t BY: Attorney for Plain ;e Daniel S. Siedman, PA ID 306534 UDREN LAW OFFICES, P.C. BY: SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 WOODCREST CORPORATE CENTER 111 W OODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadings ,udren.com PNC Mortgage, a division of PNC Bank NA COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Cumberland County V. Jeffrey C. Beinhauer Tracey E. Beinhauer NO. 10-4234 Civil Defendant(s) - m M -? y < CD )> W ll ORDER AND NOW, to wit, this day of t V ov , 2010, upon N C? ?a CD c C) C) _ _.ri C:) -rZ z F-? consideration of Plaintiff's Motion for Leave to Amend Complaint in Mortgage Foreclosure and Confirm Service, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on September 7, 2010, Returnable September 30, 2010, is hereby made Absolute. It is further ORDERED that Plaintiff is granted leave to amend its Complaint in Mortgage Foreclosure by correcting the surname of the Defendants to: Beinhaur; and, It is further ORDERED AND DECREED that service of the Complaint in Mortgage Foreclosure is confirmed as complete and proper by virtue of the Defendants' filing of an Answer to Plaintiff s Complaint on July 15, 2010. BY THE COURT: 74 !CU(o03`7?- ?- io UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 PNC Mortgage, a division of PNC Bank NA COURT OF COMMON PLEAS C) € CIVIL DIVISION C Plaintiff € Cumberland County -):x co r"_ -urn v. ? ?d Jeffrey C. Beinhaur <a a C"-)-n Tracey E. Beinhaur € NO. 10-4234 =C C) ', Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, PNC Mortgage, a division of PNC Bank NA (hereinafter "Plaintiff'), by its Attorney, Kassia Fialkoff, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: There are no genuine issues as to any material fact, and therefore, Plaintiff is entitled to Judgment as a matter of law. 2. Defendants, Jeffrey C. Beinhaur and Tracey E. Beinhaur (hereinafter "Defendants") filed an Answer to the Complaint in which Defendants effectively admitted all of the allegations in the Complaint. At the time of this pleading, Defendants owned the premises being foreclosed without making a mortgage payment for an excessive period of time. 4. Defendants admits outright, and/or in part, paragraphs one (1) and three (3) of the Complaint, thereby admitting, inter alia, that Defendants are the mortgagors of the within mortgaged property and Plaintiff, PNC Mortgage, a division of PNC Bank NA, is the legal holder of the Mortgage 5. Although Defendants purport to deny and/or fail to deny, in whole or in part, specifically or by necessary implication, the averments contained in paragraphs 2, 4, 5, 6, 7 and 8 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. The Pennsylvania pre-foreclosure Act 6 Notice is not required as the X ?r Defendants' original principal balance on the Mortgage is greater than $50,000.00. 41 P.S. Section 101, et sec. See Exhibit "A" attached hereto (Mortgage). 7. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et sue.) and Act 91 (35 P.S. Section 1680.401c, et seq.) and proof of Notice is attached to the Complaint.. 8. Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22) to charge the Defendants attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. 9. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total amounts due and owing are as follows: Principal of debt due and unpaid $142,154.84 Interest at 5.875% from 5/01/08 to 11/01/11 (the per diem interest accruing on this debt is $22.88 and that sum should be added each day after 11/02/11) $28,534.77 Escrow Overdraft/Balance $19,388.42 Late Charges $278.75 Title Cost 250.00 TOTAL $190,606.78 WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered in rem as prayed for in the Complaint in favor of the Plaintiff and against the Defendants, Jeffrey C. Beinhaur and Tracey E. Beinhaur, in the amount of $190,606.78, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, UDREN LAW OFFICES, P.C. By: KASSIA FIALKOFF, ESQUIRE PA ID 310530 ,t ',? '1 ? ?,: ,. ?, t :.t. t ' P z?-cLE-P I ? LP -ECO N OF DHDS a .':""IRLAND COUNTY T ,?y?WU?p '112 Sipe 20 Pm 12 } t 1.1 07 Prepared By: Return To: CYNTHIA TURNER NATIONAL CITY MORTGAGE CO National City Mortgage Co. P.O. Box 8800 P.O. Box 8727 Dayton, OH 45401-8800 Dayton OR 45401-8727 Parcel Number: ?3 ?-oao'338 [Space Above This -Inc For Recording Data] MORTGAGE 0001552526 DEFINMONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated September 13, 2002 together with all Riders to this document. (B) "Borrower" is JEFFREY C BBINHAUR TRACEY E BEINHAUR Borrower is the mortgagor under this Security Instrument. (C) "Lender" is National City Mortgage Co. Lender is a corporation PENNSYLVANIA - Single Family - Fannie Mae/Freddie Use UNIFORM INSTRUMENT Farm 3039 1101 (I 6(PA) (0008) Page 1 of 16 Initials: 4-e-b II VMPMORTGAGE FORMS -(800 21 2gf EXHIBIT 89 ! 773PG4254 QN , ?' . organized and existing under the laws of The State of Ohio Lender's address is 3232 Nelamark Drive, Miamisburg, Ohio 45342 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated September 13, 2002 The Note states that Borrower owes Lender ONE HQNDRED SEVENTY THREE THOUSAND & 00/100 Dollars N S $ 173, 000.00 ) Plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2022 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (G) "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]: 0 Adjustable Rate Rider ? Condominium Rider 0 Second Home Rider 0 Balloon Rider Planned Unit Development Rider 0 1-4 Family Rider 0 VA Rider Biweekly Payment Rider 0 Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "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. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, Wstruct, 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. (K) "Escrow Items" means those items that are described in Section 3. (L) "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 m 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. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument Initlal y tom 6(PA) (coos) Page 2 or to Form 3039 1101 BKi1773PG4265 L , ? • (O) "RFSPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the 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 Loans does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (u) 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 Lender the following described property located in the County [Type of Recording Jurisdiction) of Cumberland [Name of Recording Jurisdiction): which currently has the address of 155 CRZMWOOD DR, [Street] CAMP BILL [City), 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 „prop ty.. dft-G(PA) toooat Page 3 at 16 I Form 3039 1/01 BKI773PG426-6 a 7 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. TIUS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, that Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior tq 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. Appfication of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in Initla ®-6(PA) (0008( Page 4 of 18 Farm 3039 1101 BK 17 73PG4267 e 7 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Foods for Fscrow 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 Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to 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, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the 1nnfa t?®6(PA) (0006) Page 6 of Is Form 3039 1101 BU 773PG4268 . , ? Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the 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 a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. fmffai ®-6(PA) (ows) Pages of Is Form 3039 1101 BR 1773PG42.69 F 1 If Borrower fails to maintain any of the coverages described above, Fender 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. Larder shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, 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. Inlda ®® B(PA) (0008) Pape 7 of is y?? Form 3039 1101 BK17.73PG4270 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 materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Semrity Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect 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 Instrument, 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. inifia ?-6(PA) (0008) Page a of is Form 5089 1101 BK 1713 PG-4 2 7 I 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 and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required 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 premiums). 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. Initi ®®6(?A) (oooe) page got to Form 3039 1101 8K 17.7 3 PG-4 2 7 2 (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, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or. repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, 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 sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured 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 ?f the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree m writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrowed 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 Inltla 6(PA) (oooe? Gaga 10 of is Form 8099 1101 d -0 BK1773PG4273 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 instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard 'to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be 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 not 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, there: (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 refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Initiaell O g 0(PA) 10008) Pape 11 of Is Form 3039 1/01 8K-1 7;3PG4274 15. Notices. All notices given by Borrower or bender 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 Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also inquired under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. 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 sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cares any default of any other covenants or agreements; (c) pays all innfa ( H(PA) (0008) Paps 12 of to Form 3039 1101 BIAI-1773PG4.275 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in 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 Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has noted 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 shalt 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 defuted as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as deemed in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise nigger an Environmental Cleanup. i"tfla -lu? (D S(PA) (oooa) Pape 19 of 18 Form 3039 1101 8K 1773PG'4276 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, 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 care the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-eiistence of a defauk 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 tent 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. Inltla ®-S(PA) (ooos) Page 14 of IS Form 3039 1101 0 11, BKI773PG42.77 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: ®( G(PA) (0008) nee)44* ne."44-t2'e? (Seal) /- ELL C B$INHAUR -Borrower . rJ (Seal) TRACBY BRINHAUR -Borrower Pago 15 or is 8Kt773PG'4278 (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower - (Seal) -Borrower _ (Seal) -Borrower - (Seal) -Borrower form 3039 1/01 Certificate of Residence o/? I,'? , do hereby certify that the correct 'of/?theAwithin- -nam-FCCed Mort/gaeis D, BC?e A p? /Q V hand this )^ ??'??_y4-;?, da of l ?11r1+B? 01(?c? Witness my hanN ! y , A .I ?" & && , - - I ',J -X-gftr.&#AWw- - ? COMMONWEALTH OF PENNSYLVANIA, l?W 045-m-pl•' On this, the) 3 -rA day of a F- Nrz m asp- , O?0w` undersigned officer, personally appeared County ss: , before me, the r-ray C ov 7-R Ac FY I- 8'-S1 J J ;0Au P- known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that hOshehhey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: li •,4i1WNll• ,- r n •?,aw ' L f1 f.a ; t.t i f Tide of Officer NOTANAL SM N1WALF=Y,NOTARYtr NUC CMOFLAN ASMt.AWCAM000NTY,PA WCOIr1I Nt MAY 2k 2001 Inh) G( PA) tooos? Page 16 of 16 Form 3039 1101 9K 1773-PG4279 First American Tile Insurance Company SCHEDULE C NUMBER: 15383 ALL THAT CERTAIN tracc of :and, situate In the Township of Lower Allen,. county of Cumberla,04, and State of ?.nn-};lvanla, bounded and doscsibed as Follows, co wits °s?.'•+ti?:::G at a point at chF, Southeastern corner of Lot No. Section "R" of the Plan of *Allrnda24, as recorded iz eyie Cumberland county Recorder's office' in plan Book 18, foot 42: thence along the Southern lino of Lee Ho. 2e'-A, rrctlon -s" of said Plan, South 7S degrees 23 tainutc* OA -.conch yltat, 30.39 feet to a point at the Nor;heaztern corner of roc two. 15-s1, section "3' of said Plant thence nlona rho eastern line of Lat,No. 15-A, Section "$" Of said Plan: thonco along the Eastern line of Lot No, 15-A. Section "UP of said Plan of Allendale,.Sour-h 11 degrees 05 minutes 52 seconds Ease. 148.32 feet to a point in. the Northern line of Creekvood Drivo (5p feat .id4); thence .alon? the Northern line of Creak.,aod Driyo, South 7B degreem 54 minucea oB ncconda Meat, 65,0 feet, more or less, to a points chencr crozaing cravkwoed Drive and extending aIona the eastern line of Lot No. 44-A, Section 03" of the Plan of Allendale, above- mentioned. South 31 degreer. 05 minutes 52 seconds sas r, 172.76 feet to A point is rhr bank of the Yellow 8roechcz Crack) thence down the Yellow Hrecches creek, North 78 degrees 02 minutes e'.ast, 384.05 fa*t. more' or less, to a.poinc; thence continuing down the Yellow greachot Q-eek. March 65 degree's 09 minutes East. 140_63 feet to a point in the lino of land noa+ or formerly of National Land and zn..os talon c Compa nyt thence along e.5e line of said land now or formerly of National Sand and 7nvcztmcnt Company. Borth 71 eragroes 00 minutes west, 467.95 feet to a point; thence by Cho same. North 39 degrees 02 minutes 52 seconds west, 47.51 feet, more or le'aa, to a point at the Sout)hear,tern corner of Lot No:' 14- A. Section 08" on the Plan of Allendale, as rpcardod in the, Cwnborland County Recarder1s OFFice in Plan Book In, Page 42, first above mentioned. at thv point and place of BEGIRMG. BEING THE SAME PREMISES which Donald A. Klaiber and Jolynn M Klaiber, husband and wife by deed dated May 31, 1991 and recorded June 4, 1991 in the Recorder's Office in and for Cumberland County, PA, in Record Book D-35, Page 609, granted and conveyed unto Jeffrey C. Beinhaur and Tracey E. Beinhaur, husband and wife. I Certifv NIS fo N^ r cored In Cumberland County PA PA-3 0 3P6?28 ,?z' 17 ?? l Recorder of Deeds UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 PNC Mortgage, a division of PNC Bank NA € Plaintiff V. Jeffrey C. Beinhaur Tracey E. Beinhaur Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-4234 PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. STATEMENT OF FACTS Plaintiff filed the instant action in mortgage foreclosure against the Defendant[s] for [their] failure to make mortgage payments pursuant to a Mortgage entered into between the parties. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A". II. STATEMENT OF THE QUESTION INVOLVED Where there are no genuine issues as to any material fact, should Summary Judgment in Mortgage Foreclosure, as a matter of law, be granted in Plaintiffs favor where the Defendants herein are in default on their Mortgage for failure to make payments for an excessive period of time? Suggested Answer: Yes. III. ARGUMENT Pursuant to Pa.R.C.P. 103 et aM., "Motion for Summary Judgment", any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action.... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary Judgment may be entered against a party who does not respond. In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that: Partial Summary Judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendants essentially admit the material facts set forth in the Complaint, which include, inter alia, the existence of the loan evidenced by the Note and Mortgage executed by the Defendants; that after demand, Defendants failed, and continue to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendants are in default on the Mortgage. Defendants' Mortgage account is due contractually for the period 6/01/08 to date, a period of 3 years and 7 months to the time of filing of this Motion. Thus, Defendants are essentially living in the mortgaged premises for free. As a result of Defendants' nonperformance, the present action was filed, and, as of this date, Defendants have failed to bring the account current. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). (Subsections 1029(d) and 1029(e) have been omitted for purposes of the within Motion only). It is clear that the Answer to the Complaint is a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary Judgment. Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 2, 5, 6, 7 and 8 of the Complaint, Defendants have admitted these averments. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); New York Guardian Mortgage Corp. v. Dietzel, 362 Pa.Super. 426, 524 A.2d 951 (1987). Defendants' Answer admits paragraphs one (1) and three (3) of the Complaint outright and/or in part, thereby admitting, inter alia, that Defendants, mortgagors of the within mortgaged property and Plaintiff, PNC Mortgage, a division of PNC Bank NA, is the legal holder of the Mortgage. The sums due Plaintiff are easily calculable under the terms of the Mortgage, the contents of which are clearly within Defendants' knowledge and control, and Defendants have failed to tender a payoff or a reinstatement of the sums due to date. See Plaintiffs Affidavit in Support of the Motion. Since Defendants have the knowledge of, and the means necessary for obtaining the denied information, including the total sums due, the denials are, in fact, admissions. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). With respect to Defendants' denial of paragraph seven (7) of the Complaint, Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22) to charge the Defendants attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. The Pennsylvania Courts have concluded that 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees. See Federal National Mortgage Association v. U.S.A., 33 Pa.D.&C. 3d 152, 156 (1982); Federal Land Bank of Baltimore v. Fetner, 260 Pa.Super. 455, 410 A.2d 344 (1979). Under the circumstances, the attorney's fee recited herein is reasonable. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 6 (41 P.S. Section 101, et seq.) and Act 91 (35 P.S. Section 1680.401c, et sue.) The Pennsylvania pre-foreclosure Act 91 (35 P.S. Section 1680.403c, et seq.) states: "Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at his or her last known address the notice provided in subsection (b)...." At the time Plaintiff sent Defendants the statutory combined pre-foreclosure Notice, Defendants' last known address was the mortgaged premises. Plaintiff (mortgagee) properly sent Defendants the Notice to this address, as evidenced by the true and correct copy of the Notice attached to Plaintiff's Complaint in Mortgage Foreclosure as Exhibit "A". IV. CONCLUSION The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendants' Answer has been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action Der se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff (moving party) is entitled to Summary Judgment as a matter of law. Respectfully submitted, UDREN LAW OFFICES, P.C. By: Attorney for Plaintiff/Movrant KASSIA FIALKOFF, ESQUIRE PA 10 310530 r. J-OfE t' i,: UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 PNC Mortgage, a division of PNC Bank NA € COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff = Cumberland County V. Jeffrey C. Beinhaur Tracey E. Beinhaur NO. 10-4234 Defendants AFFIDAVIT STATE OF OHIO COUNTY OF MONTGOMERY SS I, Derb EBSmn , being duly sworn according to law, depose and say: 1. That I am the Authorized Signer for PNC Bank, NA [the Plaintiff or the servicing agent for the Plaintiff] in the within matter. 2. That in said capacity I am familiar with the account that forms the basis of the instant foreclosure action and that I am authorized to take this Affidavit. 3. That all notices, if required to be sent to the Defendant(s) pursuant to Act 6 of 1974 and Act 91 of 1983, have been sent pursuant to the requirements of those Acts on the dates appearing thereon, copies of said notices being attached to the Complaint as Exhibits, if applicable. 4. The amounts due on the Mortgage were correctly stated as of the date appearing in the Complaint, in paragraph 6 thereof, and have accumulated since the filing of the Complaint, as follows: Principal of debt due and unpaid $142,154.84 Interest at 5.875% from 5/01/08 to 11/01/11 (the per diem interest accruing on this debt is $22.88 and that sum should be added each day after 11/02/11) $28,534.77 Escrow Overdraft/Balance $19,388.42 Late Charges $278.75 Title Cost 250.00 TOTAL $190,606.78 A true and correct copy of the payment history, attested to herein, is attached hereto as Exhibit "A" PNC Bank, NA By: da Nam b Eurmn T'tleAuthorized Signer Swornlo and subscribed before me .- this? ay of J-ULt 20 a PAY F ^ SHAYNEA L. MESTER, Notary Public In and fur the State of Ohio ??; My Commission Expires June 29, 2016 a 14331-721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y-T-D INV 575 CAT 447 INV# 721066507 T13 12/31/02 PAGE 7413E LNO 1552526 JEFFREY C BEINHAUR TRACEY E SEiNHAUR EMP 0 POFO 155 CREEKWOOD DR CAMP HILL PA 17011 LST MTGE PRIM 2ND MvTTGE PKK ESC SAL REST ESC SUSPENSE ADV SAL REPL RES HUD SAL LC SAL !NT DUE DUE DATE HUD PRT OF M 171,624.23 .00 .00 100 .00 90 .00 .00 DO 0002-01-03 W N2 Y P & 11ST P&i 2ND CO TAX CITY TAX HA2 INS M I P LIEN 8SC A & H LIFE MISC REP RES TOT PAYMT INT RATE DT SM 1226.99 .00 .00 .00 .00 .00 ,00 .00 .000 .00 0 .000 .00 1226.99.0587500 12 15T" ORIG MTG 2ND ORIG MTG PRIN SAL S:6 INT IND CAP FLAG MTGR SSN DEF INT SAL PRIOR YR PPD INT PPD INT IND GPM ORG 1731000 0 173,000.00 174502645 O.w 0.00 0 0 ASSUtA-DTXFER-0EED FHA-5EC/NUM UP PAYOFF FC-TRK.SW YE-ACQ-RPTJDATE SALE-ID EXEMPT PLGD-_N PMT.OPTCALC-METH ELOCSNI PMT PERIOD 1098-DET-RST POINTS-PAID/RPTG YR SUPPR-MICR-STMT M-NOT-RPT-YR REAS CAUS Ri,HDP-SW 1ST-DUE-DT REO STAT/CC 12 .00 Y 11-02 0E CREOTTYTD/W-H SW/W-H BALANCE IORE CREDIT YTD/W-H SW/W-H BALANCE CONSTR CD NO PURGE FLAG,,YR BNKRPT STAT LAST[ .00 AO 00 90 10-22 P,EC CORP ADV BAL 3RD REC CORP ADV 8AL FORECL WKST CODE/REINSTATE DATE INIT ESC STMT CODE/ DATE LOSS MIT STATUS/COMPL .00 Zr) 9 10.17.02 DUE PROC TP SO, AMOUNT PRINCIPAL PRINCIPAL INTEREST E5CROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER C4 DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID SALANCE BALANCE AM017N7 BALANCE INT-BAL. AMOUNTS DC 8 AL-FW 0 17300090 .00 .00 .00 .00 11A2 10-16 1 42 1 .00 173000.D0- 173000.00 .00 .00 .00 .00 .00 .00 .00 1 362.051 BATCH 1 EDIT-SEQ 282074 10.02 10-17 170 1 DO .00 173000.00 362.05 .00 .00 .00 .00 .00 co 1 23.11 AA BATCH 727 EDIT-SEQ W5121 11-02 10 17170 2 36105 DD 173000.00 .00 .00 .00 .00 .00 .00 .00 1 BATCH 727 EDIT-SFQ GM1.21 1,-0211-061 72 1 1216.99 380.01 172619.99 846.98 90 W 00 .00 00 00 1 MPL-ID MPLE 11-06-02 L 54.06 AA BATCH 6S1 EDIT-SEQ 432058 12-0211-25172 1 1226.99 381.87 172238.12 84SS2 .00 .00 .00 .00 .00 .00 1 MPL-ID MPLE 11.25.02 L 35.96 AA BATCH 6M1 EDI'e-SEQ 224336 M-0311.25175 2 30.00 30.00 172206.12 OD .DO .00 .00 .00 .00 .00 1 MPL-ID MPLE 21-25.02 L BATCH 6M2 EDTTSEQ224336 01-0312-23172 1 1226.99 383.89 171824.23 843.10 .00 .00 DO AO .00 .00 1 MPL-1D MPLE 12-23-M L 35.88 AA BATCH 6S1 EDIT-Sfi4426682 18 14331-721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y-T-D INV 575 CAT 447 MW 721066507 T1312/31/02 LOAN-NO {CONT%D'1552526 PAGE 74141 EXHIBIT A REQ-RV TOTALS 4,073A2 2,897.25 .00 511.06 Y/E 1,175.77 AO OTHER AMOUNT CODES: A=FHA•PENALTY G=SER=INTEREST-PAID TO POOL K•INT-DUE-PD P=ACCRUED-IOE/IORE U-REAPPLICATION-FEE Y=HUD-FUND B-BSC H=FEE-AMT L=PD-THRUM R=UEWT-AMT V=ESCROW-ADVANCE Z=RESTRICTE:D-ESCROW 0-235-FEE I=A-H-PD WADVANCE-EFF-OATS S=CR-UFE-AMT W=SUSPENSE D! -DEFERRED-INT-BAL F=MISC. *LIFE-PD N.ADVANCE-MEMO-AMT T-ORIG-FEE-AMT X=REPLACEMENT-RESERVE AA=SER-FEE-PO AS=DEFERRED-INT-PD AC=LIFE-DECJNT-PD AD=CHECK-NO AE=DEFEfRREO-tW'r-LTD-PD AF-LIFE-DEFERREDANT-LTO-PD AGsSUB•CODE AJ=DEF-INT-ADI-F',AG AK=AD`V-AMT-RECD AL=TRAN-SOURCE AM=IOC-SPEC-INT-PD AN=NON-REC-CORD-ADV AP=DATE-STi STAMP AR mTGR-P,EC-CORP-ADV A5aPR£J-POSTED AT-3RD•REC-CORP-ADV AY=ADJ YE 1098 IND AZ-CHOICES-PD FEE CODES: I-LATE-CHARGE 2-BAD-CK-FEE 3=CHG-OWNER 13 14331-721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y-T -D INV 575 CAT 447 INV# 721066507 T13 12/31/03 PAGE 346U Ulf 1SS2526 JEFFREY C BEINHAUR TRACEY E BEINHAUR EMP 0 P04:0 155 CREEKWOOD DR CAMP MU. PA 17011 1ST MTGE PREEN 2ND MTGE PRIN ESL BAL REST ESL SUSPENSE ADV BAL REPL RES HUD SAL LC BAL INT DUE DUE DATE HUD PRT OF M 167,445.37 .00 AO .00 .00 .00 AO .00 .00 13001-01-04 .001420 P & 1 1 S T P&I 2ND CO TAX CITY T A X HAZ INS M I P UEN BSC A & H LIFE MISC REP RES TOT PAYMT INT RATE D-T BM 1226.99 AO .00 .00 OD .00 .00 .00 .00 0 .00 0 .000 .00 1226.99.0587500 11 1ST ORIG MTG 2ND ORIG MTG PRIN SAL BEG ENT IND CAP FLAG MTGR SSN DEF ENT BAL PRIOR YR PPD ENT PPD ENT IND GPM ORES 173,000 D 171,824.23 179 W 2649 O.DO 0.00 D 0 AS5UM-DT XFER-DEED FKA-SEC/NUM LIP PAYOFF FC-TRK-SW Y£ AC4-RPT/DATE ME-ID EXEMPT PLGD-LN PMT-OPT CALC-METH FLOC BNI PLAT PERIOD 1098-DET-WS, POINTS-PAIDJRPTGYR SUPPR-MICR-STMT DI NOT-RPT-YR REAS CAUS RI-HDR-SW 1ST-DUE-DT RED STAT/CC 12 .00 Y 11-02 tOE CREDIT YTD/?N-4i 5Wr.V-H $ALANCE IORE CR--W YTD/W-H S,N W-H BALANCE CONSTR CD NO PURGE FLAGI-R BNKRPT STAT LAST[ 00 .00 .00 .00 10-22 REC CORP ADV SAL 3RO REC CORP ADV BAL FORECL WKST CODE/REINSTATE DATE INIT ESC STMT CODE / DATE LOSS MJT STATUS/COMPL .00 .00 9 10-17-02 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CJ DATE DATE TER NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCt SAL-'WO 17182423 .00 .00 .00 OD G2-0301-31172 1 122694 385.77 171436.46 84112 .00 .00 no AO 00 AO I MPL-ID MPLN 01.31-03 L 3580 AA BATCH SSS EOIT-SEQ 202729 D3-G303-04172 1 1226.99 38716 171050.80 839.33 .00 .00 AO .00 .00 DO 1 MPL4D MPLN 03-D4-03 L 35.72 AA BATCH 6S1 EDIT-SEQ417140 04-03 W-124 172 1 1226.99 389.55 170661.25 837.44 .00 W AO .00 .00 .00 1 MJPL-ID MPLN 03-24-03 L 35.64 AA BATCH 6S1 EDIT-SEQ 467610 OS-0305-021721 122699 391.46 170269.79 83553 .00 .00 .OD = DO .00 1 MPL-ED MPLN 05-02.03 L 35.55 AA BATCH GSi EDIT-SEQ 294416 06-03 05-22172 1 1226.99 393.38 169876.41 833.61 .00 .00 A0 .00 .00 .00 1 MPL-ID MPLN 05-22-D3 L 35.47 AA BATCH 6S1 EDff-SEQ 189444 07-0306-241721 1226.99 395.30 1694BLII 831.69 .00 .DO .00 OD .00 .00 1 ,PL-1D MPLN 06-24-03 L 35.39 AA 3 V4331721 NATIONAL CM MORTGAGE CO LOAN HISTORY Y-T-D MR? 575 CAT 447 INV# 721066507 T13 12/31103 -NO{CONTW PAGE 3463.` ,DAN LN# 1SS2528 SEiFKE1` t 9EINHAUP TRACEY E BEINHAUR EMP D POFO DUE PROC TP SQ AMOUNT PRINOPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CI DATE DATE Tot NO RECEIVED PAID BALANCE PAD PAID BALANCE BALANCE AMOUNT BALANCE INT-SAL AMOUNTS D? BATCH 6S2 "EDIT SEQ 246868 08413 DS-04172 1 1226.99 39724 169083.87 829.73 OO .00 .00 .00 .00 DO i MPL-D MPLN 08-04-03 L 35.31 AA BATCH 651 EDIT-5EQ 462425 09.03 08-27 7.72 1 1226',.99 399.18 168684.69 827.81 AO .DO 40 .00 DO .00 1 MPL-ID MP W 06-27-03 L 35.23 AA SATC14 6S1 EDIT-SEQ364040 10.0310-0317Z 1 1226.98 401.14 168283.55 825,85 .01- .01- .00 .00 .00 .00 1 MPL-1D MPLN 1D-M-03 L 35.14 AA BATCH 6M 1 EDIT-SEQ 232562 11-03 10-03 161 2 .01 .00 368283.55 .00 .01 .00 .02 . DO .00 .00 1 OD-00 10-24 6 01 1 40 PROLES JYU REASON SNON ADV ON NONESCROW CORPSEQ 01 P kYEE 47N32 ORiG PAY .01 AN CHECK #677823 11-03 10-31170 1 .03. .00 16828355 0D 131 .01 .01 .00 .00 .OO 1 BATCH SQ6 EDIT-SEQ 136122 11-03 10-31 168 2 .00 .00 168283.55 W .01- .00 .0D .00 00 ,00 1 Ai V BATCH 8Q6 EDIT-SEC. 136122 11-03 11-17152 2 D0 .00 168283.SS .00 .00 .00 .00 .00 .00 _W 61.35-11 11.0311.20172 I 1226.99 403.10 167880.45 823.89 .00 .00 .00 .00 .00 .00 1 MPL-10 MPLN 11-26.03 L 35.06 AA BATCH 6N2 EDr SEQ 382123 12.03 1.1-242 32 1 .00 .00 167880.45 .00 DO .DD AO ,OD .00 .00 61.33 All BATCH KGE EDIT-SEQ 139068 12-03 12-15 172 1 2226.99 405.08 167475.37 821.91 .00 .00 .00 .00 .00 .00 1 MPLAD MPLN 12-13-03 L 34,97 AA BATCH 6N1 EDIT-SEQ 168365 O1-0412-15175 2 30.00 30-DO 157445.37 .00 .00 .00 .00 .00 DO .00 I MPLAD MPLN 12.13-03 L BATCH 6Ni EDIT-SEQ 188365 14331.721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y-T-D INV 575 CAT 447INV# 721066507 T13 12/31/03 LOAN-NO (CORIT ,D) 1552526 PAGE 3463E REQ-SYTOTALS 13,526.90 9,148.03 .00 389,30 WE 3.378.86 .00 OTHER AMOUNT CODES: A=FHA-PENALTY G-SER-Ih'TERES3-PAIDTO POOL K=INT-DUE-PD P-ACCRUED-IOE/LORE U-REAPPUCA71ON-FEE Y=HUD-FUND "BSC H•FEE-AMT L=PD-THRU-DT R=UE-INT-AMT V=ESCROVI-ADVANCE Z=RESTRICTED-ESCROW 0.235-FEE I=Ad;-PD M=ADVANCE-EFF-DATE S-OWFE-AMT W -SUSPENSE D=OEFERRE04NT-BAL F=NNSC J=UFE-PD N=ADVANCE-MEMO-AMT T=ORIG-FEE-AMT X-REPLACEMENT-RESERVE AA-SER-FEE-PD AB=DEFERRED-INT-PD AC=UFE-DEF-INT-PD AD-CHECK-NO AE=DEFERRED-INT-LTD-PD AF=UFE-DEPERRED-4NT-LTD-PD AG-SUB-CODE Af=OEF-INT-ADi-FLAG AK=ADV-AMT-RECD AL=TRAWSOURCE AM=IOC-SPEC-INT-PD AN=NON-REC-CORP-ADV AP DATE-Sir STAMP AR=MTGP REC-CORP-ADV AS=PR£V-POSTED AT=3RD-REC-COKP-ADV AY=ADJ YE 1098 IND AZ=CHOICES-PD FEE CODES: I-LATE-CHARGE 2=BAD-CK-FEE 3-CHG-OWNER is iml-721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y T-D INV 57S CAT 447,NV# 721066507 T13 12/33)04 PAGE 5013: LN# 1SS2526 IEFFREY C SESNHAUR TRACEY £ BEINHAUR EMP D POFO 155 CREEKWOOD DR CAMP HILL PA 17011 1ST MTGE PRIN 2ND MTGE PRIN ESC SAL REST ESC SUSPENSE ADV SAL REPL RES HUD BAL LC SAL INS DUE DUE DATE HUD PRT OF M. 161,402.73 DO .00 .00 .00 .00 .00 .00 -00 .00 03-01-05 .00 N2 0 P & 11ST P&I 2140 CO TAX CITY TAK RAZ INS M i P LIEN SSC A & 4 LIFE MIS" REP RES TOT PAYMT MIT RATE DT BM 1226.99 .00 .00 .00 .00 .00 DO .00 .00 0 .00 0 A0 0 00 1226.99.05975M 11 1ST ORIG MTG 2ND ORdG MTG PRIN SAL BEG INT IND CAP FLAN MTGR SSN Mr- !NT SAL PRIOR YR PPD IN'+ PPD INT IND GPM ORO 173,000 0 167,445.37 179 50 2649 0.00 0.00 0 0 ASSUM-DT XFER-GEED FHA-SEC/NUM LIP PAYOFF FC TRK-SW YE-AM-RPTjDATE SALE-ID EXEMPT PLGD-LN PMT-OPT CALC-METH ELOC BNI PMT PERIOD 1098-DET-HIST POINTS-PAID/RPTGYR SUPPR-MICR-STMT DI-NOT-RPT-YR REASCAUS M-HDR-SW 1ST-DUE-DT REDSTAT/CC: i2 .00 Y 11-02 IOE CREDIT YTDjW-H SW/W-H BALANCE LORE CREDrr YTDJW-H SWJW-F BALANCE CONSTR CD NO PURGE FLAGJYR BNKRPT STAT LAST E .00 .00 AO .00 10-22 REC CORP ADV BAL 3RD REC CORP ADV BAL FORECL WKST CODE/REINSTATE DATE INLT -tSC STMT CODE J DATE LOSS MIT STATUS/COMPI .00 .00 9 10-17-02 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CI DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL AMOUNTS DCT BAL-"WD 16744537 DO AO 00 .00 01-04 01-05172 1 1226.99 407.21 167038.16 819.78 .00 .00 .00 .00 .04 .00 1 MPL-TD MPLN 01-05-04 L 34.88 AA BATCH 652 EDIT-SEQ 323216 M-0402-02172 1 1226.99 409.20 166629.96 817.79 .00 .00 .00 .00 A0 ,00 1 MPL-ID MPLN 02-02.04 L 34.80 AA BATCH 6S2 EDFt-SEQ 239308 03-0402-27172 1 1226,99 411.20 166217.76 815.79 .00 DD .00 .00 DO .00 I MPL-ID MPLN 02-27.04 L 34.72 AA BATCH 6M1 EDIT-SEQ 297722 04-04 02-27175 2 30.00 30.00 166187.76 .00 .00 .00 .00 .00 .00 .00 1 MPL40 MPLN D2-27-04 L BATCH 6M 1 EDIT-SEQ 297722 04.04 03-24172 1 1226.99 413.36 165774.40 813.63 .00 .00 .00 .00 DO -DO 1 Tv1Pl-l0 MPLN 03-24-04 L 34.62 AA BATCH 6M2 EDIT-SEQ 154577 OS-0403.24175 2 30-00 30.00 165744.40 .00 .00 .00 .00 DO .00 .00 1 MPL-ID MPLN 03-24-04 L BATCH 6M2 EDIT-SEQ 154577 OS-0405-03172 1 12-1699 415.53 165328.87 811.46 .00 DO .00 .00 .00 .00 1 14331-721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y-T-D INV 575 CAT 447 INV# 721066507 T1312/31104 LOAN-NO (CON7?D) PAGE 50132 IN# 1SM26 JEFFREYCBEINHAUft TRACEY E 9FJNHAUR EMPO POFO DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNE EARNED OTHER Cl DATE DATE TR NO R7:CEfVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE fNT-BAL, AMOUNTS DCT MPL-10 MPLN 05-03-04 L 34.53 AA BATCH 6Mi EDIT SEQ 191151 06-04 05-03 175 2 30.00 30.00 165298.87 .00 .00 .00 .00 .00 DO .00 1 MPL-ID MPU4 05-03-04 L BATCH 6M1 FOR SEQ 191151 O6.04 05.1.7 1 72 1 1226.99 417.71 164881.16 849.28 .00 .00 :30 .00 .00 .00 1 MPLAD MPLN 05-17-04 t 34.44 AA BATCH 6M1 EDIT SEQ173685 07-0405-17275 2 30.00 30b(l 164851.16 .00 DO .00 .00 .00 .00 .00 1 MPL-ID MPLN 05--17-04 L BAT04 6M1 EDIT-SEQ 173685 07-0406.01173 1 122699 419-91 164431.25 807.08 .0D 40 .00 DO .00 .00 1 O601-04 L 34.34 AA BATCH 51A EDfT SEQ 206178 08-04 0&01175 2 30.00 30.00 16440125 DD .00 .00 DO .00 OD 00 1 06-01-04 L BATCH SIA EDIT-SEQ 206178 0&0406-30172 1 1226.99 422.11 163979.14 804.88 .00 .00 .00 .00 MO .00 1 MPL-ID MPLN 06-30-04 L 34.25 AA BATCH M EDIT-SEQ 143468 09-1407-26173 1 1226.99 42418 16355496 802SI .00 .00 .00 .00 .00 .00 1 W-26.04 L 34.16 AA BATCH SS3 EDITSEQ296222 20.04 073-30172 1 1226.99 426.25 163129.71 80034 AID 00 .00 .00 .00 .00 1 MPL-ID MPLN O&30-D4 L 34.07 AA BATCH 6S1 EDIS-SEQ 183517 11-04 09-29 172 1 122699 428.34 16270037 798,65 .00 OD .00 .00 .00 .00 1 MPL-IO MPLN D9-29-04 L 33.99 AA BATCH 6S2 EO1T-SEQ 261920 12-0410-29 1727 1 1226.99 430.44 162269 93 796.55 .00 .00 M 90 .00 .00 1 MPL-i0 MPLN i0-29.04 L 33.90 AA WATCH 6S2 =_OIT--SEQ 274608 0.-0512-02172 1 1226.99 432.54 161897.39 794.45 W .00 .00 .00 .00 .00 1 MPL-4D MPLN 12-02-04L 33-81 AA b 14331-721 NATIONAI CITY MORTGAGE CO LOAN HISTORY Y-T-D INV S75 CAT 447INV# 7210665W T1312/31/64 LOAN-NO (CDNT\D) PAGE 50135 LN# 1552526 JEFFREY C BESNHAUR TRACEY £ BESNHAUR EMP 0 PDFD DUE PROC TP 50 AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER Cl DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID SAL&NCE BALANCE AMOUNT BALANCE INT-BAL AMOUNTS OCT BATCH 651 EDIT-SEQ 205399 02-0512-31172 1 1226,99 43446 161402.73 792.33 .00 W .00 .00 .00 .00 1 MPL-ID MPLN 12.31.04 L 33.72 AA BATCH 6S2 EDIT-SEQ 286277 REO-SYTOTALS 17,327.86 11,285.22 .00 480.22 Y/E 6,042.64 .00 OTHER AMOUNT CC DES: A=FHA•PENALTY GRSER=INTEREST-PAtDTOPOOL K=INT-DUE-PD P=ACCRUED-IOE/FORE U=REAPPLICATION-FEE Y=HUD-FUND a-BSC H=FEE-AMT L=PV-THRU-DT R=UE-INT-AMT V-ESCROW-ADVANCE 2-RESTRICTED-ESCROW C=235-FEE 1=A-H-PD M=ADVANCE-EFF-DATE S-CR•UFE-AMT WSUSPENSE Di-DEFERRED-INT-BAL F=MSC J=UFE-PD N=ADVANCE-MEMO-AMT TsORiG-FEE-AMT )(=REPLACEMENT-RESERVE AA--SER-FEE-PD AS=DEFERRED414T-PO AC=UFE-DEf-lilt-PD AD=CHECK-NO AF-DEFERRED-INT-LTD-PD AF-UFE-DEFERRED-INT-LTD-PD AG=SUB-CODE AJ-DEF-INT ADJ-FLAG .4K.ADV-AMT-RECD ALaTRAN-SOURCE AM=10C-SPEC-INT-PO AN=NON-REC-CORP-ADV AP=HATE-SD STAMP ARr-MTGR-REC-CORP-ADV AS=PREV-POSTED AT-3RD-REC¦CORP-ADV AY=ADJ YE 1098 IND AZ=CHOICES-PD F£ECOOES: 1=LATE-CHARGE 2=BAD-CK-FEE 3.,-HG-OWNER N 14331.721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y-T-D INV 575 CAT 4471NV41 72 1066507 T1312130/05 PAGE 7356E LN# 1552526 IEFFREY C. BESNHAUR TRACEY E BESNHAUR EMP 0 POF0 155 CREEKWOOD OR CAMP HILL PA 17011 1ST MTGE PRIN 2ND MTGE PRIN ESC BAL REST ESC SUSPENSE ADV SAL REPL RES HUD BAL LC SAL INT DUE DUE DATE HUD PRT OF M 156,478.67 .00 .00 .00 .00 .00 .00 .00 .00 w 02-01-06 .00 N2 0 P At I IST P&I 2ND CO TAX CITY TAX HAZ INS M I P LIEN BSC A & H LIFE MLSC REP RES TOT PAYMT INT RATE OT SM 1226.99 OC .00 .00 W .00 .00 .00 .000 .000 .000 .00 1226.99.0587500 12 13T ORJG K TG 2ND ORIG MTG PRIN M BEG INT INC) CAP FLAG MTGR SSN DEF INT SAL PRIOR YR PPD INT PPD INT IND GPM ORG 173,000 0 161,402.73 179 50 2649 0.00 79233 0 0 ASSUM-DT XFER-DEED FHA-5EC/NUM UP PAYOFF FC-TRK.SW YE-ACQ-RPT/DATE SALE-1D EXEMPT PLGD-LN PMu .OPT CALC.METH ELOC BNI PLAT PERIOD 1098-OET-HIST POINTS-PAID/RPTG YR SUPPR-MICR-STMT DI-NOT-RPT-YR REAS CAUS RI-HDR-SW 1ST-DUE-DT REO STAT/CC 12 .00 Y 11-02 IOE CREDIT YTD/W-H SWJV 44 BALANCE LORE CREDITYTD/W-H SW/W-H BALANCE CONS7R CD NO PURGE FLAG/YR SNKRPT STAT AST E .00 .00 .00 .00 IG-22 REC CORP ADV 8AL 3RD REC CORD ADV SAL FORECL Vif*T CODE/REINSTATE DATE INIT ESC STMT CODE/ DATE LOSS M,7 ST ATUS/COMPL .DO .00 9 10-17.02 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CT DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL AMOUNTS DCT SAL-FWD 161402.73 .00 00 .00 .00 03.05 01.31172 1 1226.99 436.79 160965.94 790.20 -00 DO 00 .00 .00 .00 1 MPL -ID MPLN 01-31-OS L 33.63 AA BATCH 652 EDIT-SEQ 818968 04-05 02-25172 1 1226.99 438.93 160527.01 788.06 .00 DO .00 .00 .00 .00 1 MPL4D MPL N 02-25-05 L 33.53 AA BATCH 652 EDff-SEQ 245863 05.05 04.04 172 1 1226.99 441.08 16x185.93 785.91 .00 oo .00 .00 .00 .00 1 MPL-ID MPLN 04-04-OS L 33.44 AA BATCH 652 EDIT-SEQ321810 06-05 D4-28 1 72 1 1226.99 44324 259642.69 783.75 .00 CO .00 .00 .00 .00 1 MPL-ID MPLN 04.28-05 L 3335 AA BATH 654 EDIT-SEQ 190484 07-0505-24.L72 1 1226-09 445.41 159157.28 78158 .00 .00 o .00 .00 oo 1 MPL-ID MPL N OS•2d-051 3326 AA BATCH 653 EDIT-SEQ 150101 08-0507-0717'2 1 1126.99 "759 158749.69 779.40 OD A0 Do A0 .00 .00 1 MPL-JD MPLN 07-07.05 L 93.17 AA 0 14331-721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y T-D INV 575 CAT 447 INVtt 723066507 T13 12/30/05 LOAN-NO (CO") PAGE 7357( INS 1552526 JEFFREY C BEINHAUR TRACEY E BEIMiXUR EMP 0 POFO DUE PRDC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER Cl DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID 3ALAHCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DC7 BATCH 654 EDIT-SEQ 313018 D9-OS 08-04172 1 122639 449.78 158299.91 777.21 -OD 00 .00 .00 .00 DO I MPL4D MPLN 08-04-OS L 33.07 AA BATCH 654 EI T-SEQ 170484 10-0509-01172 1 1226.99 451.98 157847.93 775.01 .00 .00 .00 .00 DD 00 1 MPL-ID MPLN 09-01-CS L $2.98 AA BATCH 654 E017-SEQ 297683 11-0510.03173 1 1226.59 454.19 157393.74 772.80 mo 00 OO OD .00 .00 1 10.03-05 L 32.89 AA BATCH SS3 MIT-SE(1367172 's2-0511-07172 1 1226.99 456.42 156937.32 770.57 .00 .00 .00 .00 .00 .00 1 MPL-4D MPLN 11-07-05 L 32.79 AA BATCH 553 EDIT-SEQ 385468 01-0612-06172 1 1226.99 45855 15647&67 768.34 .00 .00 00 .00 OO AO I MPL4D MPLN 12-06-05 L 32.70 AA BATCH 6S3 EDIT-SEQ. 157276 REQ-51TOTALS 13,496.89 8,572-83 .00 364.81 Y/r 4,924.06 .00 OTHER AMOUNT CODES: A-FHA-PENAL G-SER-MEREST-PA)D70POOL K=IKT-DUE-PD P-ACCRUED-1DE11ORE U=REAPPUCAMON-FEE Y=KUD-FUND. B=SSC H=FEE-AMT L=PD-THRU-DT R=0E4NT-AMT V-ISCROW-ADVANCE 2=RESTRICTED-ESCROW C=335-FEE I-A-H-PD M=ADVANCE-EFF-DATE S--CR- JFE-AMT W--SUSPENSE Di=DEFERRED-iNT-aAL F-M'.SC S=LIFE-PD N=ADVANCE-MEMO-AMT T-ORIG-FEE-AMT X=REPLACEMENT-RESERVE AAaSER-FEE-PD AB-DEFERRED-INT-PO AC=LIFE-DEF4NT-PD AC--CHECK-NO AE=DEFERRED-INT-LTD-PD AF=UFE-DEFERRED4NT-LTD-PD AGsSUB-CODE A--DEF-l%T-ADS-F AG AK-ADV-AMT-REM AL=TRAN-SOURCE AM-tOC-SPEC-ItdT-PD AN=NON-REC-CORD-ADV AP=DATE-STt 57AMP AR=MTGR-REC.COKP-ADV AS=PREY-POSTED AT=3RD-REC=COR0-ADV AY-ADJ YE 1098 IND AZ.CHOICES-?D FEE CODES: :=LATE-CHARGE 2-BAD-CK-FEE 3-CHG-OWNER t 14331-721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y-T-D INV 575 CAT 447 INV4 721066507 T13 12/29106 PAGE 3612E LNP 0001552326 JEFFREY C BEINHAUR TRACEY E BEINHAUR EMP 0 POFO 155 CREEKWOOD DR CAMP HILL PA 17611 1ST MT.-E PRIN 2ND MTv-E PRIN ESC BAL REST ESC SUSPENSE ADV SAL REPL RES HUD SAL LC SAL, 1NT DUE DUC DATE HUO PRT Of m 150,796.53 Co .00 .00 OO .00 .00 .00 .013 .00 02-01-07 .00 N2 0 P & 11S'T P&I 2ND CO TAX CITY TAX HAZ INS M 1 P LIEN BSC A & H LIFE MISC REP RES TOT PAYMT INT RATE OT BM 1226.99 .00 DO .00 .00 ,00 .OD .00. .00 0 .00 0 .00 0 .00 1226.99 .0587500 11 1ST ORIG MTG 2ND ORIG MTG PRIN SAL BEG INT IND CAP FLAG MTGR SSN DEF INT BAL PRIOR YR PPO !NT PPO INT IN6 GPM ORG 173,000 0 156,476.67 179 50 2649 0.00 0.00 0 0 ASSUM-DT XFEW-DEED FHA.-SEC/NUM UP PAYOFF FC-TRK SW YT-ACO-RPT/DATE SALE-ID EXEMPT PLGD-LN PMT-OPT CALL-METH ELM BNI PMT PERIOD 1098-DET-HIST POINTS-PAID/RPTGYR SUPPR-MICR-STMT 01-NOT-RFT-YR REAS CALLS RI•HDR-SW 1ST-DUE-OT REOSTAT/CO 12 .00 Y ii-02 IOE CREDIT YTD/W-H SW/W-H BALANCE IORE CREDIT YTD/W-H SW/W-H BALANCE CONSTR CD NO PURGE FLAG/YR BNKRPT STA", LAST E .00 .o0 .00 .00 10-22 REC CORP ADV BAL 3RD REC CDRP ADV BAL FDRECL WY,ST CODE/REINSTATE DATE MIT ESC START CODE/ DATE LOSS MIT STATUS/CQMPt .00 DO 9 10-17-02 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTIEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER G DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT SAL FWD 166478.67 .00 .00 .00 .00 02-0601.0917; 1 1226.99 460.90 156017.77 766.09 .00 .00 DO .00 .00 .00 1 01.09.06 L 32.60 AA BATCH SS3 EDIT-SEQ337181 03-06 01-09172 1 1216.99 463.15 15555452 763.84 .00 .00 .OO .00 .00 .00 1 MPL-fl) MPLN 02-09-06L 32.50 AA BATCH 6S4 EDT--SEQ 181563 04.06 03.06172 1 1226.99 465.42 155089.20 761.57 DO DD .00 .00 .00 .00 1 MPLAD MPLN 03-06.06 L 32.41 AA BATCH 6S4 EDIT-SEQ 043516 05.06 04-041 72 1 1216.59 467.70 154621.50 759.29 .00 .00 .00 .00 .00 .00 1 MPL-iD M" 04-04-06 L 32.31 AA BATCH 6S4 EDIT-SEQ 474337 06.06 05-72172 1 122699 469.99 154251-51 757.00 .00 .00 .00 .00 .00 .00 1 MPL-ID MPLN 05-02-06 L 32.21 AA BATCH 654 EDIT-SEQ 235686 07.06 06-07 1 72 1 '_226.99 472.24 153679.22 754.70 .00 .00 .00 .00 .00 .00 1 MPL-!D MPLN 06-07-06 L 3211 AA BATCH 6S4 EDIT-SEQ 157684 32.11 AA E 14331-721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y T-D MV 575 CAT 447 INV# 721066SD7 73312)29106 LOAN-NO (CONTxD) PAGE 36125 I N# 0001552526 JEFFREY C SEINHAUR TRAM E SEINHAUR EMP 0 POGO DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER Cl DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL AMOUNTS DCT 08-06 07.07 172 1 :226.99 474.60 153204.62 752.39 .00 .00 .00 .00 .00 .00 1 MPL-ID MiPLN 07-07-06 L 3102 AA BATCH 653 EDIT-SEQ 164841 09.06 .226.79 476.93 152727.69 750.06 .00 .00 .00 OO .00 .00 1 MPL-ID MPLN 08-0406 L 3152 AA BATCH 6S4 EOtT-SEQ 164806 10.06 09-07172 1 1226.99 479.26 152248.43 747.73 .00 .00 OD .00 .00 .00 1 MPLID MPLN 09-07-06 L 31.82 AA BATCH 6S4 EDIT-SEOL 239653 11.0610-10172 1 1226.99 481.61 151766.82 745.38 .00 .00 O0 .00 .00 .00 1 MPLAD MPLN 10.10-06 L 31.72 AA BATCH 5S4 EDIT-SEQ 283678 12.0611407172 1 1226.99 483.96 15128ZM 743A3 .00 .00 -DO .00 .00 .00 1 MPLdD MPLN 11-07-06 L 31.62 AA BATCH 654 EDIT-SEQ 158266 01-0712.07172 1 1226.99 486.33 15079653 740.66 -DD .00 .00 .00 .00 AO 1 MPL-ID MPLN 12-07-06 L 31.52 AA BATCH 6S4 EDIT-SEQ 181050 P.£Q-BY TOTALS 14,723.88 4,041.74 .00 384.76 Y/E 5,682.14 DO OTHER AMOUNT CODES: A-FHA-PENALTY G-SER=INTEREST-PAID TO POOL K=1NT-DUE-0D P=ACCRUED-IOE/{ORE U=REAPPLICAT1ON•FEE Y=HUD-FUND B.9SC H=FEE-AMT L-PD-THRU-DT R=UE4N7-AMT V-ESCROW-ADVANCE ZrRESTRICTED-ESCROW C=235-FEE I-A-H-PD M=ADVANCE-EfF-DATE S=CR-LIFE-AMT W=SVWENSE 01=DEFERRED-INT-BAL F-MISC 7=UFE-PD N=ADVANCE-MEMO-AMT T.ORIG-FEE-AMT X?REKACEMENT -RESERVE AA-SER-FEE-PD AS-DEFERRM-INT-PO AC-LIFE-DEF4NT-PD AD=CHECK-NO AE-DEFERRED-INT-LTD-PD AF-LIFE-DEFERRED•tNT-LTD-PD AG=SUB-C07E Ai=DEF-tNT-AOJ-FLAG AK-ADV-AMT-RECD AU=TRAM-SOURG AM-IOC SPEC4NT-PD ANwVON-REC-CORP-ADV AP=DATE-STj STAMP AR-MTGR-REC•CORP-ADV AS-PREY-POS'T'ED AT•3RD-REC=CORP ADV AY=ADJ YE 10981ND AZ=CHOICES-PD FEE CODES: IeLATE-CHARGE 2-EIAD-CX-FEE 3-CHG-0WNER=CORP-ADV AY-ADJ YE 1098 11,11) AZ=CHOICES-PD B 14331.721 NATIONAL CITY MORTGAGE CO LOAN HISTORY Y-T-D !NV 575 CAT 447114VO 721066507 1-13 12/31/07 PACE 48SRS LN# 0001552526 JEFFREY C BEINHAUR TRACEY E BEINHAUR EMP O POFO 155 CREEKWOOD DR CAMP HILL PA 17011 1ST MTGE PRIN 2ND MTGE PRIM ESC BAL REST ESC SUSPENSE ADV DAL REPL RES HUD BAL LC BAL INT DUE DUE DATE HUD PRT OF W 145,800.27 .00 .00 .00 .00 .00 .00 .00 6135 .0012.01.07 .00 N2 C P & 11ST P&12ND CO T A X CITY TAX HA21NS M I F LIEN BSC A & H LIFE MISC REP RES TOT PAYMT INT RATE DT BM 1226.99 .00 .00 .00 .00 .00 .00 .00 .00 D AO 0 .00 0 A0 1226.0,9.0587500 2 1 1ST ORIG MTG 2N0 ORtG MTG PAIN BAL BEG INT IND CAP FLAG MTGR SSN DEF INT BAL PRIOR YR PPD INT PPD INT I ND GPM ORG 173,000 0 150,79653 179502649 0.01) 0.00 0 0 ASSUM-DTXFER-DEED FHA-SEC/NUM LIP PAYOFF FC-TRk-SW YE-ACQ-RP-/DATE SALE-iD EnMPT PLGD-LN PMT-OPT CALC-METH ELDC BNI PMT PERIOD 1098-CE -HIST POINTS-PAID/RPTG YR SUPPR-MICR-STMT DI-NOT-RPT-YR REASCAUS RI-HDR-SW 35T-DUE-Di REOSTAT/CC 12 .00 Y 11-02 TOE CREDIT YTD/W-H SVJ;1N-H BALANCE TORE CREDIT YTD/W-H SW/W-H BALANCE CONSTR CD NO PURGE FLAGIYR BKRPT STAT LAST I, .00 .00 .00 DO 10-22 REC CORP ADV BAL 311D REC CORP ADV BAL FORECL WY.ST CODE/REINSTATE DATE MIT ESC STMT CODE/ DATE LOSS MTT STATUS/COMPI .00 .00 9 10.17-02 DUE PROC TP SQ AMOUNT PRINCIPAL PRINGPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CT DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL AMOUNTS OCT BAL-FWD 130796.53 .00 .00 .00 .00 02-07 01-16172 1 1226.99 488.72 150307.81 738.27 .00 .00 .00 .00 DO 00 I MPL-ID MPLN 01-16-07 L 31.42 AA BATCH 6S3 EDIT-SEQ 237907 03-0702-07172 1 :.226.99 491.11 149816.70 735.88 .00 OD .00 .00 .00 .00 1 MPL-ID MPLN 02-06.07 L 31.31 AP, BATCH 653 EDJT-SEQ 136838 04-07 03-07172 1 1226.99 49351 149323.19 733AS .00 .00 .00 00 AO DO 1 MPL-ID MPLN 03-07.07 L 31.21 AA BATCH 653 EDIT-SEQ 262783 05-0704-10172 1 1226.99 495-93 248827.26 731.06 DO .00 DO ,00 AO .00 1 MPLdD MPLN 04-09-07 L 31.11 AA BATCH 6S3 EDtT-SEQ 113002 06-0704-30173 1 1226.99 49836 148328.90 728.53 .00 aD .00 .00 .OO .O 2 04-3C-07 L 31.01 AA BATCH SS3 EDIT-SEQ 390093 07-07 06-11172 1 1225.99 50030 147828.10 726.19 .00 DG .00 .00 DD .DO 1 MPL-ID MPLN 06-22-07 l 30.90 AA BATCH 6S3 EDIT-SEQ 317420 30.90 AA Q 14331-721 NATIONAL GTY MORTGAGE CC LOAN HISTORY Y-T-D I W: 575 CAT 447 INV# 721066507 1312 /31/07 LOAN-NO (CON'^ D) PAGE 4859( LN# 0001552526 JEFFREY C BEINHAUR TRACEY E BEtNHAUR £MP 0 POFO DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CI DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT•BAL AMOUNTS DCT D8-07 07-13 173 1 122699 503.25 147324.85 723.74 .00 .00 .00 .00 .00 .00 1 07.13-07 L 30.90 AA BATCH S53 ED(T-SFQ 250865 09-07 07.31173 1 1226.99 505.71 145819-14 721.28 .00 00 .00 .00 .00 .00 1 07-31-07 L 30.69 AA BATCH SS3 EDIT-SEQ 337084 10-07 D9-171 73 1 1226.99 508.19 146320,95 718.80 .00 AO .00 .00 .00 .00 1 09-17-07 L 30.59 AA BATCHBCI EDIT-SEQ098932 i1-0711.12173 1 1231,99 510.68 145800.27 716.31 OD •00 ,00 .00 .00 .00 5.00 S1 11-1207 L 30 AS AA BATCH 553 EDIT-SEQ 154936 12.07 12-17 152 1 .00 DO 145800.27 .00 .00 .00 .00 .00 .00 .00 61.35-11 REQ-BY TOTALS 12,274.90 7,273.64 .00 253.17 Y/E 4,556.25 .00 OTHER AMOUNT CODES: A=PHA-PENALTY G-SER-MTEREST-FAIDTOPOOL K-INT-DUE-PD P-ACCRUED-IOE/LORE U-REAPPLICATION-FEE Y=HUD-FUND B=BSC H-FEE-AMT L-PD-THRU-DT R=UE4W7-AMT V-ESCROW-ADVANCE Z--RESTRICTED-ESCROW C=235-FEE I-A-H-PD M=ADVANCE-OFF'-DATE S=CR-UFE-AMT W=SUSPENSE DI=DEFERRED4NT-8AL F=MtSC I-UFE-PD N=ADVANCE-MEMO-AMT T-ORIG-FEE-AMT X-REPLACEMENT-RESERVE AA=SER-FEE-PD AB=DEFERRED-INT=PO AC-UFE-DEF-INT-PD AD-CHECK-NO AE-DEFERRED-iNT-LTD-PD AF=UFE-DEFERRED4NT-LT0-PD AG=SUB-CODE A)=DEF-INT-ADJ-F'.AG AK=ADV-AMT-RECD AL=TRAN-SOURCE AM?40C•SPEC-INT-PD AN=NON-REC-CORF-ADV AP=DATE-ST/ STAMP AR=klGGR REC-CORP-AOV AS-PREY-POSTED AT=3RD-REC=CORD-ADV AY-ADJ YE 1048IND AZ-CHOICES-PD FEE CODES: 1=LATE-CHARGE 2-BAD-CK-FEE 3-CHG-OVvNER=CORP-ADV AY-ADJYE 1098 IND AZ-CHOICES-PD 8 A331-721 NATIONAL CITY MORTGAGE LOAN HISTORY Y-T D INV 575 CAT 447 INV# 721066507 T13 12131108 PAGE 9039E LN# ODO? SSZ526 JEFFREY C BEINHAUR TRACEY E SEINHAUR EMP 0 POFD 155 CREEKWOOD DR CAMP HILL PA 17011 IST MTGE PRIN ZND MTGE PRIM ESC SAL REST ESC SUSPENSE ADV SAL REFL. RES HUD BAL LC UAL INT DUE DUE DATE HUD PAT OF M 143,209.14 .00 .00 .00 .00 .00 .00 .00 6135 .0006-01-08 DD N2 0 P & 11ST PB,I 2ND CO TAX C I T V T A X HA21NS M I P LIEN BSC A& H LIFE MISC REP RES TOT PAYMT INT RATE DT BM 1226,99 .00 DO DD .00 OD .00.00 .000 .000 .000 .00 1226.99.0597500 111 1ST ORIG MTG 2ND ORIG MTG PAIN BAL. BEG INT IND CAP FLAG MTGR SSN DEF INT SAL PRIOR YR PPD INT PPD INT IND GPM OR(; 173,000 0 145,800.27 179 50 2649 O.DO 0.00 0 0 ASSUM-DT XFER-DEED FHA-SEC/NUM UP PAYOFF FC-TRK-SW YE-ACQ-RPT/OATE SALEAD EXEMPT PLGD-LN PMT-OPT CALC-METH FLOC BNH PMT PERIOD 1098-DET441ST PONDS-PAID/RPTG YR SUPPR-MICR-STMT DI-NO"RPT-YR REAS CAUS RI-HDR-SW 1ST-DLIE-DT REOSTAT/CO( 12 DO Y 11-02 ICE CRED!TYTD/W-H SW/W-H BALANCE IORE CREDIT YM/W-H SW/W-H BALANCE CONSTR CD NO PURGE FLAG/YR BNKRPT STAT LAST D .00 .00 .00 Of) 10.22 REC CORP ADV BAL 3RD RECCORP ADV BAL FOP.ECL WKST CODE/REINSTATE DATE INIT ESC STMT CODE/ DATE LOSS MIT STATUS/COMP, .00 .00 9 10-17-02 R 12-04-08 DUE PROC TP SQ. AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CF DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE WT-BAL. AMOUNTS DCT BAL-FWD 145800.27 .00 00 .00 .00 !2-0701-L6 1 S2 1 .00 .00 145800.27 .00 .00 .00 .00 D0 .00 .00 61.35-11 12-07 02-19 152 1 .00 .00 145800.27 .00 .00 .00 .00 .00 .00 .00 61.35-11 L-07 03-05 173 1 2458.98 513.18 145287.09 713.81 .00 DO DO .00 .00 .00 5.00 Si 03-05.08 L 30.37 AA BATCH 5S3 EDIT4EQ 868745 ACTION 0029 01.08 03.05 173 2 .00 515.69 144771.40 71130 .00 .00 DO ,00 .00 .00 1 C3-05-08 L 30.27 AA BATCH SS1 EDIT-SEQ 868745 ACTION 0029 02.08 03.17152 1 .00 .00 144771.40 .00 .00 .00 .00 .00 .00 .00 61.35-11 02-08 D446 1 52 1 .00 .00 144771.40 DO AO .00 OD .00 .00 .00 61.35-11 02-08 0430173 1 1635.99 51831 144253.19 708.78 .00 .00 M .00 W .00 5.00 Sl 404.00 W 04-30-M L 30.16 AA BATCH 553 EDR-SEQ 212530 ACTION 0029 03-08 OS-16152 1 DO .00 144253.19 .00 .00 .00 .00 .DO .00 AO 61.35-11 03-08 06-16132 1 .00 .00 1442553.19 AO 00 .00 .00 -00 AO .00 61.35-11 03-08 06-17173 1 1640.99 520.75 143732.44 706.24 .00 .00 00 00 .00 .00 5.00 51 409.00 W 06-17-08 L 30.05 AA BATCH 553 EOTTSEQ 464451 ACTION 0029 04-M 07.161 52 1 00 .OO 143732.44 .00 .00 00 .00 .00 .00 .00 61.35-11 04-08 07-31 1 70 1 DO .00 143732.44 M 304.20 304.20 00 ,00 ,00 .00 1 304.2D-W 07-31-08 L BATCH 825 EDIT-SEQ 358894 14331-721 NATIONAL CITY MORTGAGE LOAN HISTORY Y-T-O INV 575 CAT 447 INV# 721066507 71312131/09 LOAN-NO I:C.ONrDI PAGE 90391 LW OW1552526 JEFFREY C MNHAUR TRACEY E BEINHAUR EMP 0 POfO DUE PROC TP M AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATE'S UNEARNED OTHER, Cr DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS ACT 04.08 0731 1 73 2 .00 .CO 143732.44 .00 .00 304.20 .00 .00 .00 M 490.80 11 490.80-W BATCH 925 EDIT-SEQ 358895 04-08 07.31 173 3 .00 .00 143732.44 .00 .00 304.20 AO .00 .00 .00 1&00 i1 18.00-W BATCH 825 EOTT-SEQ 358896 00-00 07.313 07 4 CHECK #836597 MICR CHECK #DD04836597 304.20. CO PAYEE CD 0408 06-18 1 52 1 .00 00 143732.44 DO DD .00 .00 DO .00 .00 61.35- 11 04.08 OQ-16152 1 .00 .00 143732.44 .00 .00 .00 .00 .00 .00 .00 61.35-11 04.1 10-15173 1 1845.48 523 30 14320914 703.69 .00 .00 .00 .00 DO X 5,00 51 613.49 W 10-15-OS L 29.94 AA BATCH $53 ED,T-SEQ 416497 ACTION 0029 05-0812.05170 1 .00 .00 149209.14 .00 472.79 472.79 AO 00 DD .00 1 4779-W 12.05-08 L BATCH 825 EDIT-SEQ 110518 05-08 :2.05173 2 .00 .00 143209.14 .00 .00 472.79 .00 .00 00 .00 122.70 11 122.70-W SATCH 825 EDIT-SEQ 110519 05-08 12-05 173 3 .00 DO 143209.14 OD .00 472-79 .00 .00 .00 .00 18.00 11 18.00-W BATCH 825 EDIT-SEQ 110520 DO-0012-053011 4 CHECK $1159588 MICR CHECK #0005159588 472,79- 00 PAYEE CD 05-08 12-16 1 52 1 .00 00 143209-14 .00 .00 .00 .00 .00 .00 .00 61.35- 11 REQ-BY TOTALS 7,581.44 3,543.82 00 206.79 Y/E 2,ss92.ii3 776.99 OTHER AMOUNT CODES: AmFHA-PENALTY G=SER=INTEREST-PAID TO POOL K=INT-OVE-PD P=ACCRUED-10£/TORE U=REAPPLICATION-FE£ Y=HUD-FUND SxBSC H=FEEAMT L=PD-THRIt-DT R=UE4NT-AMT V=ESCROW-ADVANCE Z=RESTRICTED-ESCROW C-235-FEE I=A-H-PO M=ADVANCE-EFF-DATE S--CR-LIFE-AMT W=SUSPENSE DI=DEFERRED-INT-BAL F=MISC J=UFE-PD N=ADVANCE-MEMO-AMT T=ORIG-FEE-AMT X=REPLACEMENT-RESERVE AA-SER-FEE-PO AB-DEFERRE04NT-PD AC-UFE-DEF-INT-PD AD-CHECK-NO AE=DEFERRED-INT-LTD-PD AP-UFE-DEFERRED4NT-LTD-PD AG=SUB-CODE A1-OFF-1SIF-ADJ-FLAG AK=ADV-AMT-RECD AL=TRAM-SOURCE AM=IOC-SPEC4NT-PDAN=NON-REC-CORP-ADV AP=DATr-STA STAMP AR=MTGR-REC-CORP-ADV AS=PREV-POSTED AT=3RD-REC=CORP-ADV AY=ADJ YE 1098 IND AZ-CHOICES-PD FEECODES: 1=LATE-CHARGE 2-M.CK-FEE 3-CRG-OWNER m i4331-721 PNC SANK, NATIONAL ASSOCIATION IRAN HISTORY Y-T-O MV 575 CAT 447 INV# 7 2106 650 7 T1312/31/09 PAGE S60SS LNR OOD:552S26 JEFFR:rY C SEINHAUR TRACEY E SEINHAUR EMP 0 POFO i5S CREEkWOOD DR CAMP HILL PA 17011 1ST MTGE PRIN 2ND MTGE PRIM ESC BAL REST ESC SUSPENSE ADV SAL REPL RES HUD SAL LC BAL INT DUE DUE DATE HUD PRT OF M 142,154.84 Dv .00 .00 .00 8,645.89 .00 .00 33.35 .00 07-m-OS OA N2 O P & I IST P&I 2ND CO TAX CRY TAX "AZ INS M 1 P LIEN BSC A & H LIFE MISC REP RES TOT PAYMT IN7 RATE DT SM 1226.99 .00 -01 .00 1,00 ,00 Rl .00 ,00 0 .00 0 OD 0 .00 1228.01.05875OD 10 1ST ORIG MtTG 2ND ORIG MTG PRIN BAL BEG INT IND CAP FLAG MTGR SSN DEF INT SAL PRIOR YR PPD INT PPD :NT IND GPM ORG 173,000 0 143,209.14 179 SO 2649 0.00 0.00 O 0 ASSUM-DT XFER-DEED FHA-SEC/NUM UP PAYOFF FC-TRY,-SW YE-AM-RPT/DATE SALE-ID EXEMPT PLGD-LN PMT-OPT CALC-METH ELOC BNR PMT PERIOD 1098-DET-HIST POMTS-PAIDINPTG YR SUPPR-MICR-STMT D7-NOT-RPT-YR REAS CADS RI-HDR-SW IST-DUE-DT REO STAT/COi 12 .00 Y 11-02 IOE CREDITYTD/W-H SW/W44 BALANCE LORE CREDITYTD/W-H SW/W-H BALANCE CONSTR CD NO PURGE FiAG/YR BNKRPTSTAT (AST D .00 .00 JRI .00 10-22 REC CORP ADV BAL 3RD REC CORP ADV BAL FORECL WWT CODUREINSTATE DATE INIT ESC STMT CODE/ DATE LOSS MR STATUS/COMPL .00 7.49 9 10-17-02 A 12-04.48 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CF DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-SAL. AMOUNTS DCT BAL-FWD 143209.14 ,00 .00 .00 .00 05-08 01-16 1 52 1 .00 00 143209.14 .00 -00 00 ,00 .00 W ,00 61.35-11 05-08 02-1 7152 1 .00 .00 143209.14 .00 DD DO OD DD 00 ,00 61.35-11 05-08 03-16152 1 DO .00 143209.14 .00 M 00 DO .00 DO .00 61.35-11 01-09 04.0] ; S1 1 CHECK #496356 4I11CRCViE[iC%09p549U356 38B.M- 388.00- PAYEE CD ASBIN 05-DB 04-01161 2 388.00 .00 143209.14 A0 388.00 .00 388.00 .00 .00 00 1 D5-D8 04161 S2 1 .00 .00 143209.14 .00 .00 .00 388.00 .00 .00 .00 61.3-1-11 OS 08 05-18 1 52 1 W .00 143209.14 .00 .00 .00 388.00 M .00 .00 61.35-11 05-08 06-I6152 1 .00 00 143209.24 .00 .00 W 388.00 .00 .00 ,00 61.35-11 05.08 07-09 1 52 1 ,DO .00 143209.14 .00 ,00 ,00 388.00 .00 .00 .00 61.35-11 05.06 07-10 1 32 1 .00 .00 143209.14 .00 .00 ,00 38800 .00 ,00 .00 613S Gil BATCH ORS EDIT-SEQ 027836 05-M 07-16 1 52 1 DO DO 143209.14 DD .00 .00 388.DD ,00 .00 .00 61.35-11 04-09 07-313 13 1 CHECKNIIRE 1183.55. 1193.55- PAYEE CD 370410204 04-08 07-313 15 2 CHECK OWIRE 4027.21- 5210.76- PAYEE CD 370410204 04.09 07-313 28 3 CHECK #WIRE 14495. 5355.69- PAYEE CD 370410204 05.08 07-31 161 4 5355.69 .00 143209.14 .00 5355.69 OD 5743.65 DO .00 .00 1 04-09 08-03 3 13 1 CHECK #MRE 02- .02- PAYEE CO 370410204 05-0S O8-03161 2 .02 .00 143209.14 ,00 .02 .00 5743.71 .00 .00 .00 1 05.0808-171.52 1 DO .00 143209.14 DO .OD .00 5743.72 .00 .00 .00 6235-12 OS-09 09.013 14 I CHECK 11920937 MICR CHECK #0005920937 2391.15. 2391.15- PAYEE CD 370410611 05-08 09-01161 2 2391.13 .00 143209.14 .00 2391.15 00 8134.86 .00 .00 .00 I 05-0810.01173 1 989.94 .00 143209.14 DO DO .00 8134,86 00 .00 OD 1 98434 W 10.01-09 L BATCH 551 EDIT-SEQ 160868 ACTION 1029 03-1010.05 3 51 1 CHECK #987872 MICR CHECK #0005987872 513.07. 513.07- PAYEE CD 70OW OS-OB 20-05161 2 513.07 .00 143209.14 00 513.07 .00 8647.93 .00 .00 .00 1 03.09 10-06 3 51 1 CHECK #990658 MICR CHECK WO05990658 513.07- 533.07- PAYEE CD 71795 05-0810-06 1 61 2 513,17 .00 143209.14 .00 51107 .00 9161.00 .00 .00 .00 1 3 14331-721 PNC BANK, NATIONAL ASSOCIATION LOAN HISTORY Y-T-D INV 575 CAT 447 INV4 721066507 T13 12131/09 IRAN-NO ;CONT'D) PACE 56060 LN# WOlSS2526 JEFFREY C SENHAUR TRACEY E BEINHAUR EMP 0 POFO DUE PROC TO 50 AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CF DATE DATE TRNO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS OCT 05-08 10-07 163 1 513.07 OD 143209.14 -00 513.07 513.07 916L00 .00 -00 .00 1 FROM PAYEE CD 70000 DESCRIPTION ERROR BATCH HA7 EDIT-SEQ 272205 05-0810-07168 2 .00 OD 143209.14 .00 513.07- .00 8647.93 .00 .00 .DO 1 523,07 V BATCH HA7 EDIT-SEQ 212205 05-0811.02 173 1 989.94 .00 143209.14 .00 .00 .00 864733 .00 .00 .00 1 989.94 W 12-02-D9 L BATCH 551 EDIT-SEQ 22WW ACTION 0029 05-0611.03173 1 .00 52516 142683.28 701.13 1.02 L02 864793 OD .00 .00 1 1228.D'i-W 11-03.09 L 29.84 AA BATCH 929 EDIT-SEQ 999999 ACTION 0029 05-0812-03168 2 .00 .00 142683.28 .00 1.02- .00 864653 .00 .00 .00 1 1.02 V BATCH 929 EDIT-SEQ999999 06-0812-01173 1 99494 DO 142683.28 .00 DO .00 8646.91 .00 .00 .00 1 99494 W 12.01-09 L BATCH 553 EM-SEQ 193483 ACTION 1029 06.0812.021 73 1 W 528.44 142154.84 698.55 1.02 L02 8646.91 .00 DO .00 1228.01-W 12-02-09 L 29.73 AA BATCH 929 EDIT-SEQ 999999 06-08 12-02 1 68 2 .00 .00 142154.84 DO 1,02- ,00 8645.89 .00 .00 .00 1 1,02 V BATCH *S29 EOTT-SEQ 999999 07-08 12-03 173 1 W .00 142154.84 .00 DO .00 8645.89 AO .00 .00 1 BATCH SM1 EDIT-SEQ 056837 ACTION 1063 07-08 12-04 1 73 1 .00 00 142154.84 .00 -00 .00 8645.89 OO .00 .00 518,80 11 518.80-W BATCH SLA EDIT-SEQ 211415 00-00 12-23 6 33 1 .00 PROCES SGP REASON HMPV HMP VALUATION CORP:SEQ PAYEE 19T66 ORIG PAY FC19293 7.49 AT CHECK 4167827 MICR CHECK #=6167827 RED-BY TOTALS 22,648.89 1,399.68 .00 610.17 Y/E 1,C54.30 9,161.00 OTHER AMOUNT CODES; A=,-HA-PENALTY G-SER=INTEREST-PAID TO POOL K-INT-DUE-PD P=ACCRUED-IOE/IORE U-REAPPLICATIOWFEf Y-HUD-FUND B=BSC H=g EE-AMT L=PD-THRU-OT R=UE-INT-AMT V=ESCROW ADVANCE Z=RESTRICTED-ESCROW C-235-FEE !=A-H-PD M-ADVANCE-EFF-DATE 5<CR-UFE-AMT W-SUSPENSE DI=DEFERRED-INT-BAL =MISC '=LIFE-PD N-ADVANCE-MEMO-AMT T=ORiG-FEE-AMT X=REPLACEMENT-RESERVE AA=SER-FEE-PO AB=DEFERRED-WT-PO AC=LIFE-DEF-MT-PO AO=CHECK-NO AE-DEF£RRfO4NT-LTD-PD AF=LIFE-DEFERRED4NT-LTD-PD AG=SUS-CODE A)=DEF-INT-ADI--r LAG AK=ADV-AMT-RECD AL-TRAN-SOURCE AM=!OC-SPEC-INT-PD AN=NON-REC-CORP-ADV AP=DATE-STA STAMP AR=MTGR-REC-CORP-ADV ASePREV-POSTED AT=3RD-REC=CORP-ADV AY=ADJ YE 10981ND A2=CHOICES-PD FEE COD=S: 1=LATE-CHARGE 2,SAD-CX FEE 3-CHG-OWNER B 14331-721 PNC BANK, NATIONAL ASSOCIATION LOAN HISTORY Y-T-D INV 575 CAT 447 INV# 721066507 T13 12/31/10 PAGE 1599E LN# OW1552526 IEFFREY C BEINHAUR TRACEY E BEINHAUR EMP 0 POF3 155 CREEKWOOD DR CAMP HILL PA 17011 1ST MTGE PRIM 2ND MTGE PRIN ESC SAL REST ESC SUSPENSE ADV SAL REPL RES HUD SAL LC SAL INT DUE DUE DATE HUD PRT OF M 142,154.84 .00 DO AO .00 14,005.59 .00 O0 278.75 .00 07.01.OB .00 NZ D P & 11ST P&I2ND CO TAX CITYTAX HAZ INS M) P LIEN SSC A & H LIFE MISC REP RES TOT PAYMT INT RATE DT BM 1226.99 .00 .01 .00 1.00 .00 .01 .00 .00 0 .0D 0 .000 .00 1228.0i .DS87500 10 1ST ORIG MTG 2ND ORIG MTG PRIN SAL BEG INT IND CAP FLAG MTGR SSN DEF !NT BAL PRIOR YP. PPD INT PPD (NT IND GPM ORS 173,000 0 -2,15454 179 50 2649 0.00 0.D0 0 0 ASSLIM-DT XFER-DEED FHA•SEC/NUM U? PAYOFF FC-7Rk-SW YE-ACQ-RPTIDATE SALEAD EXEMPT PLGD-LN PMT-OFT CALC-METH ELOC SNK PMT PERIOD 1098-DE'.'-HEST POINTS-PAIDIRPTGYR SUPPR-MCR-STMT Di-NOT-RPT-YR REA$CAUS RI-HDR-SW 1STDUE-DT REOSTAT/C01 12 .00 Y 11-02 IOE CREDIT YTD/W41 SA'/W-H BALANCE iORE CREDIT YTDIW-H SWIW-H BALANCE CONSTR CD NO PURGE FLAGf YR BNKRPT STAT LAST D .00 .00 .00 .00 10-22 REC CORP ADV BAL 3RO AEC CORP ADV SAL FORECL WKST CODE/REINSTATE DATE INTT ESC STMT CODE/ DATE LOSS MIT STATUS/COMPL .00 157.49 A 9 10.17-02 R 11-03-10 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CF DATE DATE TR NO RECENED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT BAL-FWD 142154.84 .00 9645.89 .00 .00 00-00 01.05 6 33 1 .00 PROCES UQ REASON HMPT HMP 7MLE COSTS CORPSEQ PAYEE 19T66 ORIG PAY FC19294 150.00 AT CHECK #196250 MICR CHECK #0D0619625D C3-10 02-17 3 51 1 CHECK #287437 MICR CHECK #0006287457 1782.00- 1782.00- PAYEE CD 7179S 07.0802-17161 2 1782.00 .00 142154.84 OD 1782.00 .00 10427.89 AO .00 .OD 1 07-08 04-16 1 52 1 .00 .00 142154.84 .00 W .OD 10427.80. .00 .00 .00 61.35-11 04-10 04-27 3 13 1 CHECK XWRE 1183.52- 1183.51- PAYEE CD 370410204 07-08 04-27 161 2 1183.SZ .OO 142154.84 .00 118352 0011611.45 .DO .00 .00 07-08 05-17 152 1 .00 .00 142154.84 .00 M .0011611.41 .00 .00 .00 61.35- 11 07-08 06-16 152 1 .00 .08 142154,84 .00 .00 .0011611.41 ,00 .00 .00 61.35-11 08-100&20314 1 CHECK4WIRE 2394.15 2394.18- PAYEE CD 370410611 07-08 08-2D 161 2 2394.19 .00 142154.84 DO 2394.18 .001400559 .00 .00 .00 1 07.0811-161 S2 1 .00 .00 142154.84 .00 .00 OD 14005.59 M W .00 61.35-11 RE07BY TOTALS 5,359.70 00 .00 95.40- YIE .00 51359.70 OTHER AMOUNT CODES: A=FHA-PENALTY G=SEA=INTEREST-PAIDTO POOL K+4NT-DUE-PD P=ACCRUED-IOE/IORE U.REAPPLICATION-FEE Y=HUD-FUND B=SSC H-FEF-AMT L-PD-THRU-DT R-UE4tfT-AMT V=ESCROW-ADVANCE Z=RESTRICTED-ESCROW C=235-FEE 1=A-H-PD M-ADVANCE-EFF-DATE S=CR-UFE-AMT 'AA_SUSPENSE Di=DEFERRED-HYT-SAL F=MISC )-LIFE-PD N-ADVANCE-MEMO-AMT T-DRIG-FEE-AMT X-REPLACEMENT-RESERVE AA=SER-FEE-PD A8-DEFERRED-INT-PD AC-UFE-DE'rINT-PD AD-CHECK-NO AE=DEfERRED4NT-LTD-PD AF=UFE-DEFERRED-INT-LTD-PD AG-SUS-CODE AJ-DEF-INT-ADi-FLAG AK?AOV-AMT-RECD AL=TRAM-SOURCE AM-IOC-SPEC-iNT-PO AN.NON-REC-CORP-ADV APoDATE.STA STAMP AR-UTGR-REC-CORP-ADV AS-PREV-POSTED AT=3RD-REC=CORF-ADV AY-AD) YE 10981ND AZ=CHOICES-PO FEE CODES: I-LATE-CHARGE 2-BAD-CK•FEE 3-CI4G OWNER SERI 0001552526 CUSTOMER SERVICE INV 575/447 12/SS/ll 20:15:02 JEFFREY C 88NHAUR 179-50-2649 1C TYPE CONV. RES. MAN D TRACEY E BEINHAUR 102-54.9201 IR 5.87500 BR N2 717-737-7927 155 CREEKWDOD DR _AMP HILT. PA 17011 C 717-5716161 PPLMYS < WOMD PPLMYS TASK 10/17/11 LOAN HISTORY •- --{MORE) PROC-DT DUE-DT TRAN TRAWDESCRIPTION TRAN-EFFECTIVE-DATE IRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 10-18-11 07-08 132 LATE CHARGE ADJUSTMENT 0.00 0110 0.00 0.00 6135 1 LATE CHARGE FEE 10-17-11 07.08 152 LATE CHARGE ASSESSMENT 0.60 0.00 O.DO 0.00 61,35.1 LATE CHARGE FEE 08-19.11 07.08 161 ESCROW ADVANCE 2,371.98 0.00 0.00 2,371.98 08-19.11 OE-11 314 SCHOOLTAX DISBURSEMENT 2,371.98- 0.00 0.00 2,371.98- PAYEE - 3711410622 19.388.42• 05-02-11. 00.00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 100.00 0.00 0.00 0.00 100.00 3RD REC CORP ADV -' PF2 FOR ADDL MESSAGES `-- - -SPOC=- PRESS PF14 FOR MENDS PLS-CLIENT 001 LOAN ACTIVE FORECLOSURE REMOVED LOSS MITIGATION SER10001552526 -- CUSTOMER SERVICE INV 575!447 12/13111 20.15:02 JEFFREY C BEINHAUR 179.50-2649 1C TYPE CONY. RES. MAN D TRACEY EE BEINHAUR 102-54-9201 1R 5.87500 8P. N2 717.737.7927 155 CREEKWOOD DR CAMP HILL PA 1703.1 C 717-572-6Io`1 - PPLMYS < WORKEJDPPL.MYSTASK >:20117/21 - H35T - •-? LOAN HISTORY" -(MORE) PROGDT DUE-DT TRAN TRAWDESCRIPTION TRAWEFFECTIVE_DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 10.18-11 07-08 132 LATE CHARGE ADJUSTMENT 0.00 0,00 0.00 D.00 6135 1 LATE CHARGE FEE 10-17-11 07-OS 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 61.35.1 lATf CHARGE FEE 08.19-11 07-08 161 ESCROW ADVANCE 2,371.98 0.00 0.00 2,371.98 08-19-11 08-11 314 SCHOOLTAX DISBURSEMENT 2,371.98- 0.00 D.W 2,971.98. PAYEE = 370410011 19,388,42- 05-02-11 OD-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 100.)0 0.01) 0.00 0.00 100,00 3RORE000RPADV -' PF2 FOR ADDL MESSAGES ` --...r _ •=SPOCa PRESS PF14 FOR MEMOS PLS-CUENTDOILOAN ACTIVE FORECLOSURE REMOVED LOSS MITIGATION 04--15-11 07-08 161 ESCROW ADVANCE 1,114.85 0.00 0.00 1,114.85 04-15-11 04-11 313 CITY TAX DISBURSEMENT 1,114.85- D,DD 0.00 1,11425- PAYEE • 370410204 17,016.44- 02.14-11 07.08 161 ESCROW ADVANCE 1,896.DO O.DD 0.00 1,896.00 02-14-11 0 -ll 351 HOMEOWNERS INSURANCE DISBURSEMENT 1,896.00- 0.00 1DO 1,896.00. PAYEE= 71,795 15,901.59. 11-16-10 07.08 152 LATE CHARGE ASSESSMENT 0.00 0,00 OAO 0.00 63.35.1 LATE CHARGE FEE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 PNC Mortgage, a division of PNC Bank NA COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff Cumberland County V. Jeffrey C. Beinhaur Tracey E. Beinhaur € NO. 10-4234 Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that I served true and correct copies of Plaintiffs Motion for Summary Judgment and Brief in Support were served upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: February 3 5 2012 TO: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 Defendant Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 Defendant UDREN LAW OFFICES, P.C. By: 'Vs-- Attorney for Plaintiff/Movant KASSIA FIALKOFF, ESQUIRE PA ID 310530 OQUP (J-i A', - IL r cA1Al PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) PNC Mortgage, A Division of PNC Bank NA vs. Jeffrey C. Beinhaur and Tracey E. Beinhaur (List the within matter for the ext?; : ---------------------- -- - .? -- ------- L:1 7 No. 10-4234 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Kassia Fialkoff, Esquire (Name and Address) Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Road - Suite 200, Cherry Hill, NJ 08003 (b) for defendants: Jeffrey C. Beinhaur and Tracey E. Beinhaur (Name and Address) 155 Creekwood Drive, Camp Hill, PA 17011 3. L will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: April 5, 2012 Signature 'K ass, o, ,- ? crlkc - Print your name ,-PI ?v t.tA Attorney for jjD* 3130 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 4)q ,95 PO Arty 0a(pigcp & c21300 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF, WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 i 856-669-5400 pleadings(& ,udren.com i PNC Mortgage, a division of PNC Bank NA € COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff ` Cumberland County V. Jeffrey C. Beinhaur F Tracey E. Beinhaur = NO. 10-4234 Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that I served true and correct copies of Plaintiffs Praecipe for Argument were served upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular. First Class Mail Certified Mail Other (certificate of mailing) Date Served: April 5, 2012 TO: Jeffrey C. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 Defendant Tracey E. Beinhaur 155 Creekwood Drive Camp Hill, PA 17011 Defendant UDREN LAW OFFICES, P.C. By Attorney for Plaintiff/Movant KASSIA FIALKW ESQUIRE ID* 3?a Sao 0000,10 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL DIVISION PNC Mortgage, a division of PNC Bank NA € Plaintiff V. Jeffrey C. Beinhaur Tracey E. Beinhaur € NO. 10-4234 Defendants ORDER- AND NOW, to wit, this -y/& day of ' 20/.,, upon consideration of Plaintiff's Motion for Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by the Defendants hereto, the Court hereby determines that Defendants, Jeffrey C. Beinhaur and Tracey E. Beinhaur, have failed to make a legal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law, and the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendants, Jeffrey C. Beinhaur and Tracey E. Beinhaur, in the amount of $190,606.78, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. c BY THE COURT: n rn ? J N - . C:z