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HomeMy WebLinkAbout10-7061Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetai R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 .Jay B. Jones, Esq., Id. No. 86657 :Peter J. Mulcahy, Esq., Id No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I, Goldman; Esq., Id. No. 205047 Courtenay R. Dunn; Esq., Id. No. 2.06779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff V, MARY M. COOK, IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K: COOK 45 LIBERTY DRIVE MT, HOLLY SPRINGS, PA 17065 JAMES D. COOK, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK 1908 BURCHSTONE DRIVE ORLANDO, FL 32806 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED 4 THORNHILL COURT CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF 248811 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. )b- but CUMBERLAND COUNTY CIVIL. ACTION - LAW EMIPLAINT IN MORTGAGE FORECLOSURE Pile #: 248811 P 4A% Oov? U0-10(s dy- ?o NOTICE You have been sued in Court. If you wish to defend against the following pages, you must take action within twenty (20) days after t are served by entering a written appearance personally or by attorney the Court your defenses or objections to the claims set forth against y you fail to do so, the case may proceed without you, and a judgment 1 by the Court without further notice for any money claimed in the Cor claim or relief requested by the plaintiff. You may lose money or prc important to you. claims set forth in the Complaint and Notice filing in writing with You are warned that if be entered against you int or for any other or other rights YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE 1'0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 248811 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS T FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORT CERTIFICATES, SERIES 2006-FF9 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 2. The name(s) and last ]'known address(es) of the Defendant(s) are MARY M. COOK, IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK 45 LIBERTY DRIVE MT. HOLLY SPRINGS, PA 17065 JAMES D. COOK, IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK 1908 BURCHSTONE. DRIVE ORLANDO, FL 32806 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL, PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED 4 THORNHILL COURT CARLISLE, PA 17013 who is/are the real owner(s) of the property hereinafter descri STEE FOR FIRST GE PASS-THROUGH On 03/02/2006 MARY K. COOK made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST I DIVISION OF NAT. CITY BANK OF IN which mortgage is rep the Recorder of CUMBERLAND County, in Mortgage Book Nc Assignment of Mortgage recorded 10/13/2010 the mortgage was which Assignment is recorded in Assignment of Mortgage Instru GI S TRA TION IN A in the Office of 1942; Page 916. By gned to PLAINTIFF t No. 201029223. File #: 248811 The mortgage and assignment(s), if any, are matters of public r cord and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); whic 7 Rule relieves the 4 5 6 Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of mortgage due 03/01/2010 and each month thereafter are due of said mortgage, upon failure of mortgagor to make such by written notice sent to Mortgagor, the entire principal balance thereon are collectible forthwith. The following amounts are due on the mortgage: and interest upon said unpaid, and by the terms nts after a date specified all interest due Principal Balance Interest 02/01/2010 through 08/18/2010 (Per Diem $32.07) Attorney's Fees Late Charges through 08/18/2010 Costs of Suit and Title Search Escrow Deficit Subtotal 7 $139,935,79 $6,317.53 $650.00 $288.60 $550.00 $14x,938.09 Suspense Credit CU 18-54) TOTAL $148,819.55 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If received a discharge of personal liability in a bankruptcy pro Mortgage Foreclosure is in no way an attempt to reestablish s) has/have , this Action of personal liability File#` 248811 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendant(s) is/are not a "Residential Mortgage Debtor" as define by the Act, having failed to provide Plaintiff notice of its acquisition of title. 9. This action does not come under Act 91 of 1983 because the mor?gaged premises is not owner-occupied. 10. Mortgagor MARY K. COOK died on 4/20/10, and MARY M. COOK and JAMES D. COOK were appointed Co-Administrators of her estate. Letters of Administration were granted to them on 4/27/10 by the Register of Wills of Cumberland County, No. 21-10- 0442. Decedent's surviving heir(s) at law and next-of-kin are M. COOK and JAMES D. COOK. 1. l . Plaintiff does not hold the named Defendant(s),MARY M. COO and JAMES D. COOK, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) have been named' in accordance with the requirements of Pa R.C' P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 248811 WHEREFORE, Plaintiff demands an in rem judgment against the De $148,819.55, together with interest from 08/18/2010 at the rate of $32 judgment, and other costs, fees, and charges collectible under the foreclosure and sale of the mortgaged property. HALLINAN & SC g By: ? Law`renc'e T. Phelan, Esq., Ic ? Francis S. Hallinan, Esq., Id ? Daniel G. Schmieg, Esq., Id. ? Michele M. Bradford, Esq., ? Judith T. Romano, Esq., Id. Sheetal R. Shah-Jani, Esq., I ? Jenine R. Davey, Esq.; Id. N ? Lauren R. Tabas, Esq., Id. N ? Vivek Srivastava, Esq., Id. 1, ? Jay B. Jones, Esq., Id. No. 8( ? Peter J. Mulcahy, Esq., Id. N Andrew L. Spivack, Esq., Id Jaime McGuinness, Esq., Id. Chrisovalante P. Fliakos, Es( Joshua I. Goldman, Esq., Id. Courtenay R. Dunn, Esq., Id Andrew C. Bramblett, Esq., Attorneys for Plaintiff ant(s) in the sum of per diem to the date of ,e and for the EG, LLP No. 32227 No. 62695 No. 62205 d. No. 69849 ,,To. 58745 1. No. 81760 ?. 87077 ?. 93337 o. 202331 1657 D. 61791 No. 84439 No. 90134 [., Id. No. 94620 No. 205047 No. 206779 d. No. 208375 File'#: 248811 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in South Middleton T County, Pennsylvania, being designated Lot No. 62 (Phase 4) on a :for Greenfield Limited Partnership prepared by Statler-Brehm Associ p, Cumberland Final Subdivision Plan Inc., dated January 20, 1994, and recorded in Cumberland County Plan Boole 68, Page 34 (the 'Plan'), as more particularly bounded and described as follows, to wit: 13EGINNING at a point on the southern right of way line of Thornhill said point being on the dividing line between Lot No. 61 and Lot No. thence continuing along on the said dividing line South 12 degrees 26 distance of 134.07 feet to a point on the northern dedicated right of w, 479); thence continuing along Marsh Drive North 89 degrees 10 minu distance of 36.99 feet to a point on the dividing line between Lot No. 1 (50.00 feet wide), as shown on the Plan; 27 seconds East; a line of Marsh Drive (T- 20 seconds West, a and Lot No. 63 as shown on the Plan; thence continuing along the said dividing line North 12 degrees 26 minutes 27 seconds West, a distance of 131.05 feet to a point on the southern right of way line of Thornhill Court; thence continuing along the said right of way line by a urve to the left having a radius of 225.00 feet, the chord bearing of which is North 86 degrees 11 minutes 34 seconds East, an arc distance of 36.45 feet to apoint on the dividing line 62 as shown on the Plan, said point being the Point and Place of BE BEING Lot No. 62 as shown on the Plan and containing 4,754.31 sq UNDER AND SUBJECT to a stormwater easement on a portion of the shown on the Plan. Lot No. 61 and Lot No. ING, feet. as more particularly File #: 248811 UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrict other matters of record or that which a physical inspection or survey of reveal. AND BEING the same property which Margaret A. Timmons and Rich and wife, granted and conveyed unto Wilma L. Clippinger, single wom; deed dated July 28, 2005, and recorded in the Office of the Recorder of ]Page 869. PROPERTY ADDRESS: 4 THORNHILL CT, CARLISLE, PA 170 PARCEL # 40-24-0748-086 ons, encumbrances and premises would F. Timmons, husband grantor herein; by eds in Deed Book 270, 15-7626 File 9: 248811 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could 1 of be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P.1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verificaton from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff ]DATE: File #: 248811 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor s FI ED-^r `ME CT THE r ,OTrfO 0TAft`; a EC IO F11 1:33 "LIM 3ERLM4U COUN'TW c LiM5S{ ?,,,i; :t5 i??t Deutsche Bank National Trust Company vs. James D. Cook (et al.) Case Number 2010-7061 SHERIFF'S RETURN OF SERVICE 11/12/2010 06:27 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2010 at 1827 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mary M. Cook, by making known unto herself personally, at 45 Liberty Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DtPUTf 11/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mary M. Cook, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Mary M. Cook. Request for service at 4 Thornhill Court, Carlisle, PA 17015 the defendant was not found. Mary M. Cook currently resides at 45 Liberty Drive, Mount Holly Springs, PA 17065. 12/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James D. Cook, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant James D. Cook. Request for service at 4 Thornhill Court, Carlisle, Pennsylvania 17015 appears vacant. The Carlisle Postmaster has confirmed, James D. Cook has moved and left no forwarding address. 12/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Mary K. Cook, Deceased, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Unknown Heirs. Request for service at 4 Thornhill Court, Carlisle, Pennsylvania 17015 appears vacant. SHERIFF COST: $97.30 December 08, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF 5 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC I 1 AM 9: 01 CU POENNSYLVAN A TY OFD 1 P mp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR FIRST CIVIL DIVISION FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH NO. 10-7061-CIVIL CERTIFICATES, SERIES 2006-FF9 CUMBERLAND COUNTY V. MARY M. COOK, IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK ET AL. ORDER AND NOW, this 47 day of , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and all future pleadings on the UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1); and by mailing a true and correct copy of the complaint by Regular mail; and by posting the mortgaged premises at 4 THORNHILL COURT, CARLISLE, PA 17013. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY TH URT: i J. ?o t Es rr? t ?r • Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR FIRST !1 ELL'. s _ ") f HONOTAix 211 OR 21 A"M 10* 4? 11'•SDLRLAND COUNTY 'J ENNSYL_VAU1A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS FRANKLIN MORTGAGE LOAN TRUST CIVIL DIVISION 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 CUMBERLAND COUNTY Plaintiff VS. MARY M. COOK, IN HER CAPACITY AS No. 10-7061 CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE OOA lC?`?d a Ck-# lo8fl' S VZ Qsg X88 A f TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By, Date: April 20, 2011 PHELAN HALLP+AN-& SSG, LLP Lawrence T. Phelan Esq., Id. No. 32227 ? Francis S. Hal roan, Esq., o. 62695 ? Daniel G. Schmieg, Esq., Id. t. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? ramblett, Esq., Id. No. 208375 EO'A-llison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff /clo, Svc Dept. File# 248811 Phelan Hallinan & Schmieg, LLP 'Lawrence T. Phelan, Esq., Id. No. 32227 - Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. ! Romano, Esq., Id. No. 58745 Sheetal Ii . Shah-Jani, Esq., Id. No. 81760 ATTORNEYS FOR PLAINTIFF Jenine R.' Davey, Esq., Id. No. 87077 Lauren Rl ? Tabas, Esq., Id. No. 93337 Vivek Sr vastava, Esq., Id. No. 202331 Jay B. Jo es, Esq., Id. No. 86657 Peter J. M ulcahy, Esq., Id. No. 61791 Andrew L . Spivack, Esq., Id. No. 84439 ?.a ° Chrisova ante P. Fliakos, Esq., Id. No. 94620 # r l Joshua 1. Goldman, Esq., Id. No. 205047 M -:?u L7 ` 7 Courtena R. Dunn, Esq., Id No. 206779 cn'? rv ');:D Andrew C . Bramblett, Esq., Id No. 208375 ate---? ' Allison F Wells, Esq. Id No. 309519 p° C-) William E. Miller, Esq., Id. No. 308951 =a ©c 1617 JF Boulevard, Suite 1400 -+? One Penin . Center Plaza Philadelp hia, PA 19103 215-563- 7000 DEUTSC HE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPA NY, AS TRUSTEE FOR FIRST FRANK LIN MORTGAGE LOAN TRUST CIVIL DIVISION 2006-FF , MORTGAGE PASS-THROUGH CERTIF CATES, SERIES 2006-FF9 CUMBERLAND COUNTY Plaintiff NO. 10-7061 vs. MARY 1 /1. COOK, IN HER CAPACITY AS CO-ADM INISTRATOR AND HEIR OF THE ES TATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO-ADM INISTRATOR AND HEIR OF THE ES TATE OF MARY K. COOK UNKNO WN HEIRS, SUCCESSORS, ASSIGN S, AND ALL PERSONS, FIRMS, OR ASS OCIATIONS CLAIMING RIGHT, TITLE R INTEREST FROM OR UNDER MARY K . COOK, DECEASED S) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the 'above captionedmatter was sent by regular mail to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED, at 4 THORNHILL COURT, CARLISLE, PA 17013; on APRIL 25.2011, in accordance with the Order of Court dated DECEMBER 16, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: April 25, o I I PHELAN HALLINAN & SCHMIEG, LLP By: qA < Lawrence T. elan sq., Id. No. 32227 Francis S. Hallinan, d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju ith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq. Id No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff PHS# 248811/clo i Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq. Id No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff vs. MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRSM OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) ATTORNEYS FOR PLAINTIFF 7 f?.a C°" ;rm M <° C y. O 4? COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 10-7061 -CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY POSTING PURSUANT TO COURT ORDER Post by: ASAP AFFIDAVIT OF SERVICE - CUMBERLAND (ao) pLAIN FF ,DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 COUNTY: CUMBERLAND COURT NO. 10-7061 DEFENDANT MARY M. COOK, IN HER CAPACITY AS CO- TYPE OF ACTION ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. __2a _Mortgage Foreclosure COOK Eviction ET AL. XX Civil Action Complaint on Promissory Note SERVE AT: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED 4 THORNHILL COURT CARLISLE, PA 17013 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known to UNKNOWN HEIRS SUCCESSORS ASSIGNS AND ALL PERSONS FIRMS OR ASSOCIATIONS CLAIMING RIGHT. TITLE OR INTEREST FROM OR UNDER MARY K COOK DECEASED Defendant on the 17+- day of A,4y 20_a_ at 3-'09 o'clock, A.M., at it THORNHILL COURT. CARLISLE. PA 17013, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. t_ Other: O 57-fD -r#t N4_00-7'y Description: Age Height Weight Race Sex Other I,07??-t?D a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captione case on the date and the address indicated above. I understand that this statement is r1ade subject to the penalties of 18 Pa C.S. Sec. 4904 rel 'n to unswo f cati o authorities. DATE: -7 II NAME: PRINTED NAME: ?60-&-b (1L_ TITLE: 'P4C*5g 5k,4 ?g,g NOT SERVED On the day of _, 20_, at - o'clock _ M., Defendant NOT FOUND because: _ Vacant - Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at , Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire I PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FILE# 248811 AFFIDAVIT OF SERVICE - CUMBERLAND TAM PLAINTIFF COUNTY: CUMBERLAND DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE COURT NO. 10-7061 LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 DEFENDANT C: JAMES D. COOK TYPE OF ACTION ?-, - XX Mortgage Foreclosure a = ? SERVE AT: Eviction m? c... ' ' - 4 THORNHILL COURT XX Civil Action i; -ta CARLISLE, PA 17015-7626 D Complaint on Promissory No ***PLEASE POST THE PROPERTY*** Z ***IN ACCORDANCE WITH THE***** ac's 3 ***ATTACHED COURT ORDER****** Z'Q o Served y w y Posted and made known JAMES D. COOK, Defendant on the 144day of bec.Em6 f</Z , 20 11 Ln at &,(a o'clock, A. M., at 4 THORNHILL COURT, CARLISLE, PA 17015-7626, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give nametrelationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an office of said defendant company. ?- Other: A? T? PST`( Description: Age Height Weight Race Sex Other I, }2$N 1.46 Lt- . a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 re to sworn falsifica ' n to au rides. DATE: I NAME: PRINTED NAME: 11y?1'?v ("`Uu- TITLE: Pt?t?SS 542KU,cE-I`D- NOTSERVED On the day of 20_, at_ o'clock _. M., Defendant NOT FOUND because: _ Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire 1 PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 (215)563-7000 PHS 248811 A PHELAN HAI.LINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006- FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 VS. MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED No. 10-7061 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARY M. COOK, IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K COOK_ DECEASED, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 08/19/2010 to 03/27/2012 TOTAL $148,819.55 $18,825.09 $167,644.64 I hereby certify that (1) the Defendants' last known addresses are 4 THORNHILL CT, CARLISLE, PA 17015-7626,45 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065, and 1908 BURCHSTONE DRIVE, ORLAND , FI1 y 32806, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ,2?0/ - DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: *7_ ° ?_Ic mtbrt ey for Plaintiff u, J [ R1 1,11D COUNTY FEN SYLVAN11A . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION for AR W6v. So?J a#j 1173.7 7C PadeJ 248811 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006- FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 VS. MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION No. 10-7061 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above- captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the plaintiff is without sufficient information to determine that the defendants, MARY M. COOK, JAMES D. COOK, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED are/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARY M. COOK is over 18 years of age and resides at 4 THORNHILL CT, CARLISLE, PA 17015-7626 and 45 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. (c) that defendant JAMES D. COOK is over 18 years of age and resides at 4 THORNHILL CT, CARLISLE, PA 17015-7626 and 1908 BURCHSTONE DRIVE, ORLANDO, FL 32806. (d) that defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED is over 18 years of age and resides at 4 THORNHILL CT, CARLISLE, PA 17015-7626. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsificatio to authorities. Date t Brushwood, Esquire Attorney for Plaintiff 248811 (Rule of Civil Procedure No. 236) - Revised DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST COURT OF COMMON PLEAS 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 VS. . CIVIL DIVISION No. 10-7061 MARY M. COOK, IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Notice is given that a Judgment in the above captio d m ha entered Z against you on By: If you have any questions concerning this matter please contact: Phelan Hallman & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 v. Plaintiff MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7061 CUMBERLAND COUNTY TO: THE ESTATE OF MARY K. COOK, DECEASED, do WILLIAM J. PETERS, ESQUIRE 2931 N. FRONT STREET HARRISBURG, PA 17110 DATE OF NOTICE: ?` o-1 -z-- THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE PHS # 248811 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICF..S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: (C:)-- Dam Os sky, Esq., Id. No.83921 Attorne for Plaintiff Phelan Ha man & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248811 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7061 CUMBERLAND COUNTY MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) TO: JAMES D. COOK, IN HIS CAPACITY ESTATE OF MARY K. COOK 4 THORNHILL CT CARLISLE, PA 17015-7626 DATE OF NOTICE: AS CO-ADMINISTRATOR AND HEIR OF THE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE PHS # 248811 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Dana s r ky, Esq., Id. No.8392 ]. Attorney f Plaintiff Phelan Ha31 znan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248811 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7061 CUMBERLAND COUNTY MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK,DECEASED Defendant(s) TO: MARY M. COOK, IN HER CAPACITY ESTATE OF MARY K. COOK 4 THORNHILL CT CARLISLE, PA 1701 -7626 DATE OF NOTICE: Z -L- AS CO-ADMINISTRATOR AND HEIR OF THE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE PHS # 248811 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By. D str y, Esq., Id. No.83921 Attorney U*" intiff Phelan H& Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248811 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 v. Plaintiff MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7061 CUMBERLAND COUNTY TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED 4 THORNHILL CT CARLISLE, PA 1701 -7626 DATE OF N ?`Z OTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE PHS # 248911 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WTTHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: _ Dana Os vs , Esq., Id. No.83921 Attorney 'r P intiff Phelan Hal inan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248811. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7061 CUMBERLAND COUNTY MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) TO: JAMES D. COOK, IN HIS CAPACITY ESTATE OF MARY K. COOK 1908 BURCHSTONE DRIVE ORLANDO, FL 3 06 DATE OF NOTICE:i AS CO-ADMINISTRATOR AND HEIR OF THE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO I-IEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE. IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE PHS # 248811 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Dana Osti s y, Esq., Id. No.83921 Attorney r P intiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 24881.1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9 v. Plaintiff MARY M. COOK, IN HER CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK JAMES D. COOK, IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7061 CUMBERLAND COUNTY TO: MARY M. COOK, IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK 45 LIBERTY DRIVE MOUNT HOLLY SPRINGS, Aii 17065 DATE OF NOTICE: '?`2'" THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE PHS # 248811 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Dana O ovsky, Esq., Id. No.83921 Ado me Alor Plaintiff Phelan llinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248811 . . SHERIFF'S OFFKC ~ OF CUMBERLAND ~ O ~NTY Ronny RAnderson F.| Sheriff � �cT"i: Dv Jody SSmith ~ - 2AYl JUN | � �� *` ng Chief Deputy c,.^ °° ^ � . .. �' v" Richard VVStewart q��u����wmen�p Solicitor p—N iNSYPWI`N I A Deutsche Bank National Trust Company Case Number vs. | 2010-7061 Mary M. Cook(et o|j | SHERIFF'S RETURN OF SERVICE 04/01/2013 03:21 PM-DaputyJoson hJnoler, being duly sworn according to kaw, served the requested Real Estate Writ, Notice and OaaurpUon, in the above titled acdon, by making known its contents and at the same time personally handing otruo copy toa person representing themselves bo be AMANDA KENDAL- DAUGHTER , who accepted as"Adult Person in Charge"for Mary M. Cook at 45 Liberty Drive, Mt. Holly Springs Borough, Mount Holly Springs, PA17OG5. Cumberland County. 04/03/2013 O1:4SPYN - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 4 Thornhill Court, South Middleton Township, Carlisle, PA 17O15. Cumberland County. 04/03/2013 01:49 PM - Deputy Noah Cline, being duly sworn according to law, attempted service to the Defendant, to wit: Unknown Heirs Successors Assigns and All Persons at 4 Thornhill Court, South Middleton Township, Carlisle, PA17O15. The address was found hobevacant. 04/11/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Unknown Heirs Successors Assigns and All Persons, Firms or Associations Claiming Right Title or Interest from or Under Mary K. Cook, Deceased,but was unable to locate the Defendant in his bailiwick. He therefore returns the within Rea) Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 4 Thornhill Court, Carlisle, PA 17015address is vacant. 06/05/2013 Entry of Appearance Of Attorney Thomas Federman, Federman and Associates on 1/30/13. 06/05/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: s90870 SO ANSWERS, June OG. 2O13 mumm, x*muERuum. unEmrr � ���- {�> �� � ~4 ^ ^^^^ ~^— v�~ wc""m,o"/*o^°^ff,rmec"w.m". DEUTSCHE BAIK' 'NATIONAL TRUST COMPANY,AS COURT OF COMMON PLEAS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9,MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES, SERIES 2006-FF9 Plaintiff NO.: 10-7061 V. CUMBERLAND COUNTY MARY M. COOK IN HER CAPACITYAS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF PHS #248811 MARY K. COOK AND JAMES D. COOK IN HIS CAPACITYAS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARYX. COOK AND UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS,OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK,DECEASED Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006479,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concen-drig the real property located at 4 THORNHILL COURT,CARLISLE,PA 17015-7626. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MARY M.COOK IN HER CAPACITYAS CO- 45 LIBERTY DRIVE ADMINISTRATOR AND HEIR OF THE MOUNT HOLLY SPRINGS,PA 17065 ESTATE OF MARY K.COOK JAMES D.COOK IN HIS CAPACITYAS CO- 1908 BURCHSTONE DRIVE ADMINISTRATOR AND HEIR OF THE ORLANDO,FL 32806 ESTATE OF MARY K.COOK 4 THORNHILL COURT CARLISLE,PA 17015-7626 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS, 4 THORNHILL COURT AND ALL PERSONS,FIRMS,OR CARLISLE,PA 17015-7626 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER MARY K. COOK,DECEASED 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) FIRST FRANKLIN,A DIVISION OF 2150 NORTH FIRST STREET NATIONAL CITY BANK OF INDIANA SAN JOSE,CA 95131 FIRST FRANKLIN,A DIVISION OF 1000 BISHOPS GATE BOULEVARD NATIONAL CITY BANK OF INDIANA SUITE 100 MOUNT LAUREL,NJ 08054 FIRST FRANKLIN,A DIVISION OF 1935 INTERNATIONAL WAY NATIONAL CITY BANK OF INDIANA C/O IDAHO FALLS,ID 83402 SECURITY CONECTIONS MERS AS A NOMINEE FOR FIRST P.O.BOX 2026 FRANKLIN,A DIVISION OF NATIONAL FLINT,MI 48501 CITY BANK OF INDIANA MERS,INC. 1901 E.VOORHEES STREET,SUITE C DANVILLE,IL 61834 MERS,INC. FORMERLY 3300 SW 34TH AVENUE SUITE 101 OCALA,FL 34474 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 4 THORNHILL COURT CARLISLE,PA 17015-7626 MARY M.COOK&JAMES D.COOK 2931 N.FRONT STREET C/O WILLIAM J.PETERS,ESQUIRE HARRISBURG,PA 17110 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT*OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 MERS,AS NOMINEE FOR UNITED P.O.BOX 2026 GUARANTY RESIDENTIAL INSURANCE FLINT,MI 48501-2026 COMPANY OF N.C. UNITED GUARANTY RESIDENTIAL 230 N ELM ST INSURANCE COMPANY OF N.C. GREENSBORO,NC 27401-2438 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that fals s ements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifi ation t au orities. Date:, i By: 0 -1 e .Tabas,Esq.,Id.No.93337 ttorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY,AS COURT OF COMMON PLEAS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9,MORTGAGE PASS-THROUGH CIVIL DIVISION CERTIFICATES, SERIES 2006-FF9 : NO.: 10-7061 Plaintiff : VS. CUMBERLAND COUNTY MARY M. COOK IN HER CAPACITYAS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK AND JAMES D. COOK IN HIS CAPACITYAS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK AND UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARY M. COOK UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, 45 LIBERTY DRIVE AND ALL PERSONS,FIRMS,OR MOUNT HOLLY SPRINGS,PA 17065 ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER MARY K. JAMES D. COOK COOK,DECEASED 4 THORNHILL COURT 4 THORNHILL COURT CARLISLE,PA 17015-7626 CARLISLE, PA 17015-7626 JAMES D. COOK 1908 BURCHSTONE DRIVE ORLANDO,FL 32806 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 4 THORNHILL COURT,CARLISLE,PA 17015-7626 is scheduled to be sold at the Sheriff's Sale on 06/05/2013 at 10.00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$167,644.64 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-FF9(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County,Pennsylvania,Pennsylvania,being designated Lot No. 62 (Phase 4)on a certain Final Subdivision Plan for Greenfield Limited Partnership prepared by Statler-Brehm Associates,Inc., dated January 20, 1994, and recorded in Cumberland County Plan Book 68,Page 34 (the'Plan'), as more particularly bounded and described as follows,to wit: BEGINNING at a point on the southern right of way line of Thornhill Court(50.00 feet wide),said point being on the dividing line between Lot No. 61 and Lot No. 62 as shown on the Plan;thence continuing along the said dividing line South 12 degrees 26 minutes 27 seconds East,a distance of 134.07 feet to a point on the northern dedicated right of way line of Marsh Drive(T-479);thence continuing along Marsh Drive 89 degrees 10 minutes 20 seconds West,a distance of 36.99 feet to a point on the dividing line between Lot No. 62 and Lot No. 63 as shown on the Plan;thence continuing along the said dividing line North 12 degrees 26 minutes 27 seconds West, a distance of 131.05 feet to a point on the southern right of way line of Thornhill Court;thence continuing along the said right of way line by a curve to the left having a radius of 225.00 feet,the chord bearing of which is North 86 degrees 11 minutes 34 seconds East,an arc distance of 36.45 feet to a point on the dividing line between Lot No. 61 and Lot No. 62 as shown on the Plan,said point being the point and place of BEGINNING. BEING Lot No. 62 as shown on the Plan and containing 4,754.31 square feet. UNDER AND SUBJECT to a storm water easement on a portion of the lot as more particularly shown on the Plan. UNDER AND SUBJECT,NEVERTHELESS,to all easements,restrictions,encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN Mary K. Cook, an adult individual,by Deed from Wilma L. Clippinger, an adult individual, dated 02/24/2006,recorded 03/03/2006 in Book 273, Page 1976. Mortgagor Mary K. Cook died on 4/20/10,and Mary M. Cook and James D. Cook were appointed Co-Administrators of her estate. Letters of Administration were granted to them on 4/27/10 by the Register of Wills of Cumberland County,No. 21-10-0442. Decedent's surviving heir(s)at law and next-of-kin are Mary M. Cook and James D. Cook. PREMISES BEING: 4 THORNHILL CT,CARLISLE,PA 17015-7626 PARCEL NO. 40-24-0748-086 r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7061 DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9,MORTGAGE PASS- THROUGH CERTIFICATES,SERIES 2006-FF9 vs. MARY M. COOK IN HER CAPACITYAS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK AND JAMES D. COOK IN HIS CAPACITYAS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK AND UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER MARY K. COOK,DECEASED owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 4 THORNHILL COURT, CARLISLE,PA 17015-7626 Parcel No. 40-24-0748-086 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $167,644.64 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-7061 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs.due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9,MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006-FF9 Plaintiff(s) From MARY M. COOK IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K.COOK AND JAMES D. COOK IN HIS CAPACITY AS CO- ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK AND UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER MARY K. COOK,DECEASED (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishees) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $167,644.64 L.L.: $.50 Interest from 3/28/2012 to Date of Sale($27.94 per diem) -- $12,153.90 Atty's Comm: Due Prothy: $2.25 Atty Paid: $264.30 Other Costs: Plaintiff Paid: Date: 1/29/13 rzxl David D. 1,ProthonotLy (Seal) By: Deputy REQUESTING PARTY: Name: LAUREN R.TABAS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 T''-',E COPY.FROM RECORD ONE PENN CENTER PLAZA I Tt 3Jmony whereof, l here unto set my hand and the se-1 of said Court at Carlisle, Pa. PHILADELPHIA,PA 19103 This day of d�] 20 Prothonotary On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 4 Thornhill Court, Carlisle, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: eal Estate Coordinator H NVF 1101 CUMBERLAND LAW JOURNAL Writ No. 2010-7061 Civil DEUTSCHE BANK NATIONAL TRUST COMPANY vs. MARY M. COOK IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK AND JAMES D. COOK IN HIS CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK AND UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER MARY K. COOK,DECEASED, James D. Cook Atty.:Joseph P. Schalk By virtue ofa Writ of Execution NO. 10-7061, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASSTHROUGH CER- TIFICATES, SERIES 2006-FF9 vs. MARY M. COOK IN HER CAPACITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K.COOK AND JAMES D.COOK IN HIS CAPAC- ITY AS CO-ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. COOK ANDUNKNOWN HEIRS,SUC- CESSORS,ASSIGNS,AND ALL PER- SONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTER- EST FROM OR UNDER MARY K. COOK,DECEASED,owner(s)of prop- erty situate in SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being 4 THORNHILL COURT,CARLISLE,PA 17015-7626. Parcel No. 40-24-0748-086. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$167,644- .64. 26 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this da y of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy the a Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2010-7061 Civil EUTSCHE BANO�NATIONAI TRUST COMPANY This ad ran on the date(s)shown below: VS. 04/16113 MARY M.COOK IN HER CAPACITY AS CO. 04123/13 ADMINISTRATOR AND HEIR OF THE ESTATE OF MARY K. 04/30/13 COOK AND JAMES D.COOK IN HIS CAPACITY AS CO. ADMINISTRATOR AND HEIR 1 . . . . . . . . . . . . . . . . OF THE ESTATE OF MARY K. COOK AND UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR Sworn to and subscribed before me this 13 day of May, 2013 A.D. ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER MARY K. COOK,DECEASED Public James D Cook Atty: Joseph P Schalk 'By virtue of a Writ of Execution NO. 10- 7061 COMMONWEALTH OF PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR FIRST Notarial Seal FRANKLIN MORTGAGE LOAN Holly Lynn Warfel,Notary Public TRUST 2006-FF9, MORTGAGE washington Twp.,Dauphin County PASSTHROUGH CERTIFICATES, my commission Expires Dec.12,2016 OF NOTARIES SERIES 2006-FF9 aMEMSEP�PENNSYLVANIA ASSOCIATION VS. MARY M.COOK IN HER CAPACITY AS By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) Cr THE� FILED -OFFICE F ICE HQQ iAR" 20111 JUL 30 CU/18E. ATTORNEY F9 '1, / NI/JN T y COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY PLAINTIFF'S MOTION FOR REASSESSMENT OF DAMAGES Plaintiff, Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass -Through Certificates, Series 2006-FF9, files this motion for Reassessment of Damages for the following reasons: 1. On November 8, 2010, Plaintiffs Complaint in Mortgage Foreclosure was filed. 2. On April 3, 2012, Judgment was entered in favor of Plaintiff, Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass - Through Certificates, Series 2006-FF9 , the Defendant, Mary M. Cook, James D. Cook a/k/a James David Cook and Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Mary K, Cook, Deceased, in the amount of $167,644.64. 3. Since the entry of Judgment, Plaintiff has incurred additional costs for interest/ escrow advances/ Property Preservation in the amount of $51,510.85 to protect its security interest. 4. Upon disposition of this petition, the amount due and owing will be as follows: Principal Balance $ 139,935.79 Interest (through 7/31/14 @ $32.07 per diem) $ 51,938.06 Escrow Advance $ 15,663.96 Property Inspection $ 139.45 Property Preservation $ 10,108.17 Suspense $ (4,297.77) REASSESSED DAMAGES $ 213,487.66 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth above and requests such other and further relief as is just. WHEREFORE, Plaintiff requests this Honorable Court issue an Order to the Prothonotary to reassess damages as set forth above. Respectfully submitted, FEDERMAN & ASSOCIATES, LLC THOMAS M. FEDERMAN, ESQUIRE ?<DANIELLE BOYLE-EBERSOLE, ESQUIRE PAUL J. FANELLI, ESQUIRE Attorneys for Plaintiff By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND .ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR REASSESSMENT OF DAMAGES 1. Matter Before the Court. Plaintiff's instant motion is for the Reassessment of Damages with respect to its action in mortgage foreclosure. Under the terms of the mortgage, the relevant portions of which have been highlighted for the Court's review, Plaintiff, as mortgagee, is entitled to reimbursement of costs incurred to protect its secured interest. A true and correct copy of mortgage is attached hereto as Exhibit "A." Plaintiff has, in fact, incurred costs subsequent to the Court's entry of Judgment. Plaintiff, therefore, has filed this instant motion. 2. Statement of Question Involved. Is Plaintiff entitled to reassess damages to recover costs incurred post judgment and prior to the payment of judgment in full? Suggested answer: yes. 3. Facts. Plaintiff's Complaint in Mortgage Foreclosure was filed on November 8, 2010. On April 3, 2012 Judgment was entered in favor of Plaintiff, and against the Defendants in the amount of $167,644.64. 4. Argument. Under the terms of the mortgage, Plaintiff is entitled to recoup Real Estate Taxes, Insurance Premiums, and other charges advanced by the Mortgagee which are advances necessary to protect its security interest. As set forth in Plaintiff's foregoing Petition, these advances are recoverable in the amount of Judgment against the Defendant. Plaintiff is entitled to the reassessment of damages so long as Plaintiff's motion is filed prior to the payment of judgment in full. Chase Home Mortgage Corporation of the Southeast v. Good, 370 Pa.Super. 570, 537 A.2d 22 (1988). 5. Relief. WHEREFORE, Plaintiff respectfully requests this Court enter an ORDER to the Prothonotary to reassess damages as set forth above. Respectfully submitted, FEDERMAN & ASSOCIATES, LLC THOMAS M. FEDERMAN, ESQUIRE ,)(DANIELLE BOYLE-EBERSOLE, ESQUIRE PAUL J. FANELLI, ESQUIRE Attorneys for Plaintiff VERIFICATION DANIELLE BOYLE-EBERSOLE, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing facts are true and correct to the best of her knowledge, information and belief. The undersigned also understands that his statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. DANIELLE BOYLE-EBERSOLE, ESQUIRE Attorney for Plaintiff 305 York Road, Suite 300 Jenkintown, PA 19046 Tel.:(215) 572-5095 Fax.:(215) 572-5099 Dated: 01-30-'13 11:31 FROM -L:1: """7:=7: cc.s: &.qtly T-024 F0009/0050 F-285 PreparedBy: FIRST FRANKLIN 1000 BISHOPS GATE BLVD. SUITE 100, MOUNT 06054 LittliN. itEGLEA :RECORDER. QF DEEDS 800-770-4277 CUMBERLAND COUNTY -PA Mk fin 3 Af)1153 Rearm To: FIRST FRANKLIN • do SECURITY CONNECTIONS 1935 INTERNATIONAL WAY IDAHO FALLS, ID 83402 Parcel No.: 40-240748-086 MIN; 100425240006772146 DEFDA IONS ppm Above This Ina !rr ttear+ds peal MORTGAGE Words used iu multiple sections of this docomma are defined below and other words at'e defined in Sections 3, 11, 13, 18, 20 and 21. Certain rola regarding the usage of wads used in chit docameat are also provided in Section 16. (A) "Security Instrument* mean this drerrmmt, which is dated Math 02, 2006 , together with ell Rides to this document. (B) "Borrower" I7 MARY K COOK Borrower is the mortgagor; raider this Security Inn► (C) "M>t;RRS° is Mortgage Hkcitonic Registration Systems, Inc. MESS is a separate =potation that is Wing solely as a maxim lit Loader and Leader's toccxmoi s Ind assigns. tales is the mortgagee Ender thin Security InstrameeL MERS is orgaalud and existing ender the awn of Delaware, and has an adman and telephone number of P.0, Bar 2026, Flirt, MI48501-2026, eel. (888) 679 -MRS. (D) "Leader" ie FIRST FRANKLIN A DMSION OF NAT. CITY BANK OF IN Lender in a National Association organized and misting under the laws of United States of America . Lender's address is 2150 NORTH FIRST STREET, SAN JOSE, California 95131 (E) "N.tea mems the promissory note 'Owl Ery Brouwer and dated Minh 02, 2006 . The Note !Wet that Bo><xower owe Lender One Hundred Forty Thousand and no/100 Donau (U.S. $140,000.00 ) plus interest Borrower has promised to pay this debt in mortar Periodic Payments sad to pay the debt in full not totes than April 01. 203$ PENNSTLvaN14- 41.ale Feoiryy--mimic Maoliimmts rase U tIP M Dt5IRUMENT Arta 3079 rNt gel)—ans. MFPA311e (Frosted/patrol TooOF* C taaov411aane $K 1942PG0916. 01-30-'13 11:31 FROM-"-" --- T-024 P0010/0050 F-285 (I) "Proper?" mesa the property that is dace n1bed below under the beading "Mode untied. In the Plopesty." (C) "LOW dome the dabt a vidmcedby the Nolo, plus hared, any PlaPaYroanl chairs and late chaos dee Mader the Note, and all smms duo under this Socially Iaetrurna 4, plus hatted. (8) "IBders" mama all Riders to this swat? It tbameat that are executed by Borrower. The following Riders are to be executed by Bower (cheokbox as applicable]: mutable Rate Rider ❑ ComI iminium Rider ❑ Second Rome Rider ❑ Balloon Rider ❑ Planned Unit Development Rider Q t Vis) [ape ii ar Q 1-4 Family Rider 0 Biweekly Payment Rider Rld W "Appllesble Law" means all controlling applicable federal, state and local statutes, regelationa, oatmeal and administrative rules and orders (that have the tik'oct of law) as well an all applicable find, non-eppcaleble judicial opinion& (J) "Cotmmanity Assodadou bus, Pea, and Assoseate" means all data, fees, aseesaase;lta and other charges that ate imposed on Borrower or the Property by a condominium aeaociatj a, homeowneg association or niacin otganiution. (X) "Rbeetruule Fonds Transfer" meas any transfer of Ands, other than a transaction originated by cbecl draft, or similar paper inahumeat, which la initiated through an electrode terminal, telephonic instoenaat, computes, or magnetic tape so as to order, instruct, or ridxiae a financial institution to debit or credo an wan= Such term includes, but is not limited to, point -of ea/a hander9, automated taller machine trenractim a, taandem initiated by telephone, wire taa&vs, and antomatedcleattaghoaeo tttmstim. (L) "Rocrow Ilama" means those items that are d scabcd in Section 3. (M) alittecellaneats ProceedV' means any compensation, sattleatsnt. award of denages, or proceeds paid by say third party (other than lami•ance proceeds paid under the coverages described io seed= 5) fon (9 damage to, or destruction Crf, the Property; (ii) mad or other taking ofall or any part of the Property, (iii) conveyance in lieu of sonde.. gc or (iv) n nepresoMetioara of, or omissions as to, the value and/or condition of the Property. (l'1) "Mortgage Insaranoe" mesas insur nee protecting Lender against the nonpayment ot; or default on. the Loan. (a) "Periodic Payment" menet the regularly scheduled amount due for (i) principal and fnteest under the Note, phis (ii) any amoumb under Section 3 of this Security batsman, C1) "RESPA" means the Real Estate Setth:^mma Procedures Act (12 U.S.C. 42601 ct seq.) end its implementing regulation, itegulstion X (24 C.E.R. Pact 3500), as they might be emended front time to time, or any additional or ancreatos legislation or tegolagan that governs the same subject matter. As used in this Security batman, "RESPA , refers to all requirements and restrictions that ere imposed in regard to "federally related Mortgage loan" even if the Loon does not qualify as s "Ridaalty related mortgage loan" under RESPA. rEm4SXLVAPtIA-.Single Pam -Janata Matdrt.dilk Mar UNIFORM menu nkenT Para 3035 UN AVM br0uttl1..�ostFvw3tte (Pgc)vfl�pAe�J � r, RX 1942PG0917 01-30-'13 11:31 FROM - T -024 P0011/0050 F-285 (Q) "Seeasarr In Inhered of Borrower' moan ray party that hu tales this to the Property, whether or not that Party bee ammentd Borrvma'a obiiigaH®a render the Note caw this Socmity Instunneas, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (I) the repayment of the Zan, end all renewals, cusaaonp end modifcations of the Note; end (n) the performance of Ronowea's covenants and agreements under this Swidty bartrument and the Note. Pet this purpose, Banower does hereby mortgage, quant std convey to MGRS (solely as nominee forieoder aid Lmdee's successors and ensigns) end to the successors and amigos of MIAS the following dracntbed property located in the COUNTY (type orneeetelao rorheteecal of CUMBERLAND (NSW of Recordher havdietim) LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF which cumeady has the add= of 4 THORNHILL COURT Pool SOUTH MIDDLETOWN TOWNSHIP , Pennsy&enia 17013 ertyAddteed'j:coml POI TOGETHER WITH all the improvements now or bxeaftat erected • an the property. end all eaanuenta, caprin mmem, and enures cow or hereafter a part of the property. AS replacements and additions shall alto be coveted by this Seemity imhument All of the foregoing is refected to in this Socottty hutment as the "Property." Bartower noderetapdi and agrees that MGRS bolds only legal this to the interests granted by Borrower in this Security Instrument, but, ifnaesssary to comply with law or oust®, MERE (ser nominee for Leader and Lender's aacccasoea end assigns) hes the right to exercise any as ad of those inteieete, including, but not limited to, the right to foreclose and sell the Property, end to take any action required of Lender including, but not limited to, releasing sad canceling this Security hutment BORROWER COVENANTS that Botmmer is lawfully seised cif the mune hereby conveyed end has the right to mortgage, grant and convey the Property and that the Property is tmcecrenbered, except for encumbrances of record. Borrower watraate end will defend generally the title to the Property against all claims and dementia, subject to say encomhtaneer of record. THIS SECURITY INSTRUMENT combines naifotm tovedants far national use and non-umdfonn covenants with limited variations by jurisdiction to Mare a uniform secnity instmnieat covering real PsoPerty. rvNNSYLYANIA -8 hihvely--PamwMae7twhaaMaeterntimM pita eras9 bet muPer-taawMfPAstt5 (Pm oM Pgt4 Cil 1.8016815715 8K 1942PG09 18 01-30-'13 11:32 FROM-tz,.nL. nnrmnnnm' T-024 P0012/0050 F-285 UNIFORM COVENANTS. Banner aid Lmdm covenant and agree as follows: I. Payment of Prlddpsl, Intent, Eiaaw Iters. Prepayment Charges, and Late Charges. Borrower shall pay when doe the principal of, and footerest on, the debt evidenced by the Note teed any peepayment charges and late charges doe =dm the Note. Bummer shell also pay Nadi foe Escrow hens pursues to Section 3. Payments doe under the Note and this Smutty I strument shall be made m U.S. crosency. However, if say check or other instrument received by Lender as payment under the Note or this Security Iasknmem is returned to Leader unpaid, Lender may =pity that any or all subsequent payments doe under the Note and this Security Int be made moose or more of the following Rums, a1 eelccxd by Lauder (a) crab; (b) money ceder; (c) codified chock, bank ebecl, tessera's cheek or wabier's cheek. provided any such check is drawn open an institution whose deposits ere insured by a federal agency, instrumentality, or entity; or (d) Electronic Fonda Tomafer. Payments arc denmcd teeaived by Lender when received at the location designated in the Note oe at such other location as may be devig ntad by Lender in accordance with the notice provisions in Section 15. Lender may mom my payer= or partial payment if the payment or partial payments see meati= to bring the Loan current. Leader may acoept any payment or partial payment nxanfcient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial pitmans in the rouge, but Lender is not obligated to apply such payment) at the time each payments are accepted. Wench Periodic Faymmt is spptiod as of its scheduled due deo-, then Lender need not pry interest our ustppliod thuds. Lender may hold each unapplied finds tent 1 Borrower maim payment to Was the Loan cmuent. If Borrower does not do so within a reasonable period of time, Lender shall either apply troth finds or rearm them to Borrower. If not applied earlier, such Brads will be applied to the outstanding principal balance under the Not immediately prior to foreclosure. No offset or claimwhich Bemoan might have now or in the future against Lender shall relieve Borrower from =Icing payments due under the Note and this Security Instrument or perfnmmg the cowmen and agreements secured by dila Security Inatmen 2. Appticatiod of Payments or Proceeds. Except as otherwise described in this Section 2, all payments socepted and applied by Lcrt&t shall be applied in the following order of priorky: (a) interim due under the Now (b) principal due under the Note, (c) amounts due under Section 3. Such payments shall be applied er each Periodic Payment in the order is which it became due. Any remaining amounts shall be applied Etat to late charges, second to any other amounts due under this Security Interment, and then to reduce the ptineipalbalance of the Note. If Lender receives a payment from Borrower foe a delinquent Petiodie Payment which includes a sufficient amount to pay any late Charge due, the payment may be applied to the deliogamt payment and the late charge. If more than ape Periodic Payment is out,tending, Lender may imply any payment received from Borrower to the repayment of the Periodic Payments if, mod to the extant that, each payment can be paid in Ad/ To the extent that any excess exists after the payment is applied to the Bell payment of cue or more Periodic Payments, such excess may he applied to any late charges don Voluntary ptepsyments shall be applied first to any prepayment charges and that is described in the Note. Any application of plymoats, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the doe date, or change the aunt, of the Periotic Payment. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are doe tinder the Note, until the Note is paid in full, s sum (the'Tunds") toprcvids for payment of amounts due fort (a) taxes and anesaments sad ether items which cm wain priority oYer this Security Instrument as a lien or e cumbrance 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 S; and (d) Mortgage Insurance p enehmo, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage hmraance premnaau in aeoadance with the provisions of Section 10. These items ase called' 'Psalm Items." At origination or at any time dining the term of the Loan, Lender may tegnue drat Casty Association Does, Fees, and Ameasmenta, truly, be cscrostodby Borrower, and suchdaes, fbee and assessments shell be an Escrow Item, Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section- Borrower TYNNSYLVANIA.-641sFtlmIS`—FteWMWAhea4MMMae 1.1I4eOPatea$TR1% Nr • Fars 30351A1 rrvaOcaramm ae A 001) raauMFPgy115 (NVls/1*pu rr) ibefttaatti 8K 1942PG09I 9 01-30-'13 11:32 FROM T-024 P0013/0050 F-285 shill pay foe any r Es Escrow ibe e . Lender nay waive Borrower's 8 � to Leader BMA pay tor all he Escrow Items at any time. Any such waiver may only be in whips. In the event of tttth Waiver, Barrvwsr shag pay directly, when and when payable, the atmovts dee for soy Nerow Thawleer which Firmest of Funds has been waived by Lander and, if Lender requites, shad linniah to Linda receipts nide**, such payment within such time paled as Lender may require. Somme; obligation to make each payments and to provide receipts shah for aU aepoae be deemed to be a covenant and sgivement contained in thie Sammy b untonent, as the Orme "comsat wad agtenaeat' is used in Section 9. If Be aorta is obligated to pay Escrow It®a directly, ptagaaot to it velvet, and Borrower ails to pay the amount due fro Beaow Rem, Lewder may exercise its rights taadar Section 9 sad pay etch amour and Baaowa shall than be obligated under Section 9 to repay to Leader any such taint Lauder may resole the waiver es to any or all &now Items at any time by a notice given in amordaaca with Section IS ant upon each revocation, Baru„er abet pay to Leader all Ponds, avdin such amosuta, that are then malted under tie Section 3. Leader my, at nay time. collect and hell Ihmds in an amazed (a) eaffuinit b permit Lender to apply the Funds at the time specified vada RESPA, and (b) not to exceed the maximamt amount a leader can require nods BIWA. Lander shall estimate the amount of Foods due an the basis of cwt data gad seasonable estimttes of expenditures of fobs* Escrow Items or otherwise in nootdamce with Applicable Law. The Ponds shall be held in en institution whose deposits are hooted by a federal agency, inn insinontotonry. or entity (including Leader, if Lender is an inetitittien whose deposits use BO ieaared) so itx ay Fedecal Raine Lose Bank Lender shall opply the Prods to pay the Eyapw items no laser than the time specified under RESPA. Lemic shall not clinge Borrower for holding and applying the ponds, =many a aslyrieg the escrow sccamt, or verifying the Escrow Items, unless Leader pays Borrower interest on the Fva4s end Appliotble Law permits Leader to make such a charge. Unless as agreement is made in Writing or Applicable Law requires interest to be paid on the Ptmda, larks shall not be required to pay 9oaowe any interest or earnings an the Ponds. Borrower and Lender can agree in writing however. that interest shell be paid on the I§mds. Lender shall give to Borrower, without charge, an annual accounting of the Ponds as required by RESPA. if there is a unpins of Fonds held in escrow, m defined widen RESPA, Lender shall account to Borrower for the excess funds in accordance with :ESPA, If there is a eh eahage of Funds bald to escrow, as defined under RESPA, Leader shall aod$r Burrower as required by RESPA, end Borrower shall pay to Lender the amount necessary to make up the shamtge is accordance with RESPA, bat in no mom than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requited by RESPA, sad Borrower shall pay to Lender the amt necessary to make ap the deficiency in accordance with RESPA, but in no move thin 12 monthly payments. Upea payment in.>ital1 of all some seared by this Security Insttnaent, Lender shall paernplly reitaad to Borrower say Funds held by Lender. 4. Charter•, Lianas. Borrower shall pay ail taxes, assessments, chirges, fines, sad impositions atm'bumble to the Propotty which can attain priority over this Secmity Instonveat leasehold payments of ground rents an the Property, if any, and Cosnuarnity Association Dues, Fees, and Assessments,if any. To the extent that these items are Escrow Items, Borrower chair python in the manna provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security baton= vnlenn Borrower: (a) apnea in writing to the payment of the obligation second by the lien in a manner acceptable to Lends. but only so long as Borrower is perfoiming such sgseean (b) contests the Ear in good faith by, or defends against exforceme nt of the lieu in, legal proceedings which in Lender's opinion waste to prevent the enforcement of the lien while thole proceedings an pending, but only until such proceedings are =winded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lieu to this Security Instrument. If Lander determines that any part of the Property is subject to a hen which can attain priority over this Security lnehn Linder may give Besuwer 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, PretsvLVANIA—etoane EwSly—Fannie Mee Freoeb Mae umponM prsuartdro term 309! net amt< mrUVIOLS reet)�eaMFPA8t1S PssSof14re BK 1942 PG 0920 01-30-'13 11:32 FSOM ... __ .......... T-024 P0014/0050 F-285 Lemke may regale $ccxnwa to pay a math= chime for a real mkt tut raidoationaad/arepottag snake µWhy Lauder i►oameoflos with this Lona s. Property Ioaarabos. Btnrotrer CLAD Leap the fropenceratxri now mining a hamlet aeelod on the Property inland most loss by late, hum* inetaded within the tae':leoded oovertgap and arty cam bum& inflde, but not limited td, ou+hcpaireo and floods, ix which Laoisamain. imsainpe. Zbia inarnro ee andl be nroirodaed in the aniomb (i Wer ft deductible levels) and fie the period, that Ianduur regtia.. What Leedss requmes waned to the pteoedng steams can adage dating the tam of the Lam. The inameke patter providing the Mumma shall be chosen by Dartmoor subject to Lenin's right to dtimprove Borrower's choke, which fight shall not be too:cmcd nottosonibly. Leda may regttile eoaower aptly, in ootneotion with this Low, lam (a) * eoteeme charge for flood mats deem, tants tiro and twain eatvisa; of (b) a ooatlme ohire lee flood woe tet nninatim and cerds idien review and mh o:lon a cheeps oath time reemeg ing a droller changes 000ar which aeaaostably :night ac t deleemortitn a certification. Boawrva a&fl the be reeponei de far the wreak awry lbw fmpoaedbythe Fraenal BmagmayMansgemeatAgony in commune wtiz teview of ray filed ram detemization molting from an objeotien by Banower. IfBoreowet 5dla to Inninfilin Bey of the cow ea dearsiibed above, Leader rosy obtsio ttaaaace memo, at Lender's eptlon sad Boerowee's expos. L is under no obligation to purchase say particular type ce unman of covalge. Tea fete, such coveege dill cava Lender, bat Haight or might not protect Hammer, Bottom's equity ins the hopaty, or else Otedeobt of the Property, against any risk haad a liability and might provide greater or lesser coverage than was previously in effort Emmet acknowledges that the cast of the insurance coverage oro obtained might significantly exceed tie eat of i nernice that Borrower owid have obtained. Any amounts disbamed by Lander nada this Section S tha1i become additional debt of 9eaower seared by this Security Inetttm>m!, These amounts shall bear inked at the Note ase from the Jets of disbursement and shalt be payable, with such rest, cpm statist from Lender to Bottom tpggtfA>g peyntertt, All inference policies required by Leaflet and renewals of such policies shall be subject to Lender's right to diespprove each policies, shall include a standard mortgage clause, and shall came Lacier tier as Magee and/or as an additional ices payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borurowee shall promptly give to Lend ell receipts of paid premise' s and renewal notices. I(Soaawrr obtains any fosar of insures= coverage, not of etwiee required by Lauda, for damage to, or destuctlon oL the Property, such policy shall include a standard mortgage clause and sbaU name Leader as mortgagee and/or as an Bddlitiord boss payee. In the event of loss, Borrower shall give prompt notice to the instuance carrier and Lender. Leader may make proof of Doss if not made promptly by Borrower_ Unitas Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying instuma wit required by Lender, shall be applied to restoration or repair of the Property, if the reatrarion or repair is ecaaaamically faskie and Leader's security is not lessened. During such repair and restoration period, Larder shag hove the tight to hold such insurance proceeds until Lender hie had en opportunity to inspect such Property to ensure the work hat been completed to Lender's satisfy -doe, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a doge payment as in a series of progress payments es the work is completed. Unless en egreeme tt is made in writing or Appliable Law requires interest to be paid an such Mamma proceeds. Lender shall not be required to pay Borrower any interest or atoint en Mel proceeds. Fees for public edjustas, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shell be the sole obligation of Borrower. If tate restoration or repair is not economically feasible or Leadet'e security would be lessened, the insurance proceeds shall be applied to the sumnt secured by this Security Inatsuaent, whether or not then due, with the exxas, if any, paid to Borrower. Such insurance proceeds shall be applied in the ceder provided for in Section 2. If Borrower abandons die Property, tender may file, negotiate and eagle any available immune claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the Maumee carrier has offered to settle a claim, then Lender may negotiate end settle the claim. The 30 -day period will begin when the polka is given In either event, or if Lender acquires the Property nada Section 22 or PIENNSVINANtA--etudePina'y--FannieM■dFaddkMaeVNU'OISMINSTRI sera Pam Jsi!tilt trerMLA (COt--nwatffA3118 (Page 6ofupe ss) eatn;aoo is W19421'0921 01-30-'13 11:33 FROM- T-024 P0015/0050 F-285 otherwise, Beaune hereby amigos to Lender (s) Butrowe's tuts to anY koranee proceeds in an amotmt not to caned the amounts unpaid=dor the Note a this Security Insuomoaa, Rad (b) soy °thee of Berzowex's tight. (otter than the tight to nay teibed of =mined premiums paid by Boa:awta) under in imam policies creaming the Property. Wafer at such tight* ate spphatble to dr coverage of the Prapeaty. Leeds may use the tnen nee proceeds either to repair a tonere the Property orb pay ,moors capsid under the Noss rthis Security 7 t ant. nt,whetherornotthentae. 6, Occupancy. Baarowtr shall occupy. establish. and use the Property es Borrower's principal aside= within 60 days aur the a ixatbn of this Seco city loam= and shell continue to occupy the Propaty m Boaowct's principal residence for at last enc year after the date of occupsocy, teles Lender otherwise agmen in writing, which comsat shall not be uwteaaonably withheld, a soles ccetastating circumstances mist which mo beymdeotmwer'a coettoL 7. Preservation, Mrdete—Dee and tratrctleo of the Property; lmspaflsas. Baarowcr shall not destroy, dansge or impair the Property, allow the Property to detedorste a ooenmtt wash en the Property. Whetter or not 9ecower is resiting lathe Propeery, Berower shall =MUM the Property in ceder to prevent the Property from deteriorating of demesting &value due to its oeaehtio' Unless itis detemthud pmtnant to Election $ that repair or restoration is not ec0000tically fusible. Emmet shall paemirtY nPai the PlePcitY if damaged to avoid tutor deterioration or &imp. If instance or condemnation proceeds are paid to mamelon with damage to. or the talog of the Property, Borrower ,ball be reapmaible for repairing or tuning the propety only if Lender its released pmoeeds for such purposes. Lender may disburse proceeds for the maize and restoration in a Riegle pgymaat or in a series of progrera payment* as the west is completed. If the incwsnce or condemnation prooeeda ate not sufficient to repair or testae the Property, Bottom: is not relieved of Bouowes'R obligation for the Completion of such repair at reatotatioe. Lender or its agent may make mumble entries upon and inspoatcoe of the Property. If it has reasonable cute. Leader may inspect the interior of the improv®cafe on the Property. Lender shall give Borrower notice at the time of caprice to swab an teenier inspection epecilye g such reaaonebie erase. !t. Borrower's Loran Application, Borrower shall be in default if, doting the Loan application process, Borrower or any persons or entities actiegg at the direction of Bartow or with Boeower's lmowledge or eemsent gave materially false, misleadiog, or inaccurate information et statements to Leads (or fooled to provide /ander'witfl material information) in commotion with tic Loan. Materiel regenerations include, but ars not bruited to, reprertmmtioas cowman Boatower'a occupancy of the Property is Boaower's principal residence, • 9. Protection of lender's interest is the Property gad Bights Under this Security Instrument. If (a) Bomar falls to perform the covenants end tenement! wed 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 Seaway Instrument (each as a proceeding in banlauptey, probate, for eondeamation or fosfeitore, for enforcement of a lien which may attain priority ova this Seemity Instrument or to enforce laws or regulations), or (e) Borrower baa abandoned the Property, then Lerida may do and pay for whatwar is reasonable or appropriate to protect Lender's interest in the Property and right' ender this Security Inshumart, including protecting and/or assessing the value of the Property, and seeming end/or repairing the Property. x eer er's actions can include, e, but are not limited to: (a) paying any sums secured bye lien which hes priority over this Security !ehuxncnf (b) appearing in =re and (e) paying ressomable attorneys' fees to protect its interest iu the Property and/or rights under this Security Insfom a, including its secured position in a tenkrtg>icy proceeding. Securing the Property includes, but is not limited to entering the Property to make repairs, cc.tage locks, replace or board up doors mod windows, date water from pipes, eliminate building or other code violatiooa or dangerous Conditions. and have utilities turned on or off. Although Lender may take action tinder this Section 9, Leda does not have to do so and is not under any duty a obligation to do so. It is Rimed that Leader ineaus no liability for not tekieg any or all actions authorized under this Section 9. PBr*VSYLVAanh 4eeleF®ly—raaareMse/F eddleMacwp ! utsyrtusgurr g��0p0p0a6rryfPamM idol wzfems pr rftof f.MHua gal p/tg1 15 (Pagr:7 0514 1424 err k e BK 1942PG0922 01-30-'13 11:33 FROM -1 T-024 P0016/0050 F-285 Any amounts d sbtwed by Lender under dais Section abali beemae additional debt ofBorrower emend by this Security instrument. These ama+els shill bear itdetett at the Nate ecu from et date of dithurstmenr and sbafl be payable, with such into ere, quer notice freer Lender to Borrower mewing Magri Ng* Seen ity inahmnent is on a )aaebold, Boaowrt shall comply with all the peoviskos of the lease. If Borrow acquires the title to the property, the leasehold and the fee tide shall not merge mhos Leader a&reee to the merger iawriting. It Mortgage Insurance. If Lender required Mortgage Inman= es a condition of making the Loan, Borrower shall pay the meniums malted to menet n the Mortgage fnsmanee in eftbat It for soy mason, the Mortgage Imarsece coverage required by Lender came to be available form the mortgage it earer that previwefy provided such innuanoe and Borman was required to realm epee* designated payments toward the premiums fiat Mortgage Insurance, Borrower shall pay the premiums required to obtain Coverage substantially equivalent to the Mortgage humane previously in effect, at a coat substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect from an alternate mortgage inn= selected by Lender. If mbstitially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the tepatattdy designated peymeate that were due when the fasunace coverage ceased to be in effect. Lender will accept use rod retain these payments as a non- vendible o-rcdmdible loss gave in lieu of Mortgage Insurance. Such loss reserve shall be non efmhdable, notwithstanding the fact tient the Loan is ultimately paid in fall, and Lender shall not be required to pay Borrower any interest or earningson Such lass reetsve. Lender can no longer require toss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer ore toted by Leader again becomes available, is obtained, and Linder ravine separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance an a canditien of utak* the Loan and Borrower was required to mate separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to reabaain Mortgage Immure in effect, or to provide a rata-rsfimdable loss reserve, until Leader's requirement fit Mortgage Insurance ands in accordance with any written agreement between Borrower lad Landes providing for such termi ericm or nmhl termination is required by Apphable Law. Nothing in this Section 10 af%rs Borrower's obligation to pay interest at the rite provided inthra Note. Mortgage Inarance reimburses Lender (or my entity taut purchases the Note) for certain losses it may emu it -Borrower does not repay the Lout art agreed Borrower is not a party to the Mortgage Immmce, Mortgage insurers evaluate their mal risk m alt such inmate is !lace from time m time. and may enter into agreements with oder petite that abate or modify their risk, orseduce hewer. These egrocmeats erre on tames and amid= that are satisfamny to the mortgage insurer and lbs ether party (or pates) to these toreenems. Doe agreements may require the mortgage insurer to make payments using any cemee of funds that the mortgage insurer may have available (which may include fmhde obtained from Mortgage Innnha net paapum), ' Aa a result of these agregatents, Lender, any purchaser of the Note, another insurer, any manlier, any other entity, or any affiliate of any of the foregoing may receive (directly or indirectly) mounts frac derive from (or might be cheraetedzed as) a portion of Borrower's payments for Mortgage Insurance, in melange for sharing or mowing the mortgage immer'e rids or reducing losses. If etch agreement provides that an affiliate of Lender takes a share of the insurer's tisk in exchange for a share of the premiums paid to the tamer, the arrangement is often termed "captive reinsurance Airtime: (a) Any suck agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Ieshaanee, or any .the. terms of the Lola. Such agreements Will not Increase the amormt Borrower wilt owe for Mortgage Lumina, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has—if any—wtth avert to the Mortgage Insurance under the Homeovvvaera Protection Mt of 1998 or any other law. These rights may include the right to reedve certain dlseroaures, to request and obtain cancellation of the Mortgage Insurance, to hive the Mortgage Insurance terminated satomatically, and/or to receive a reload of any Mortgage Insurance premiums that were unearned it the time Oath ascension or terminates, PENNSYLVANIA—Stn Ender—Farrar. ►twrnidac Mac UNIFORM INSMIUMNir rmoommit moostraflvaVeotetoaOt)--ngNMFPA3115 (Page 84/14P0124 Te �tat0461ER5 RK t g421V3923 01-30-'13 11:34 FROMJ. - T-024 P0017/0050 F-285 II. „te dpommt et M+amfsheooe Proceeds Ambience. MI Miealleneoae Premeds ate hereby assigned to and atoll be paid to Leader. if the Property is damaged, eachhftwellenemel Prooeeda anaa be applied to tcamanon or repair of the Property, if the resicoation or repair is eoomoomrslly feasible and Leader's eeaaity is eat ice ted. During sure repair and rests an pedal, Lender Ida lave the tight to hold such Miacalsocoue Proceeds mml Lender has, had as eppammity to inspect such Property to enure the work bas been convicted to Lender's aatiafsction, provided that such iaspectiee shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of regress peyments as the work is completed. Unless an egroanent is made in writglg or Applicable Law rears interest to be paid on ouch Maoellaeeous Pc000ede, Lender shall not be roclairodbpay Branum any interest or =Mop onsuchMisc+llanoanProceeds.If'therestoratitnorrepairia Oct economically feasible or Lender's security would be lessened, the Mrscedannous Prroceede than be applied to the rums secured by this Security Installmen, whether cc not then doe, with the aoxse, if my, paid to &rower, Saha miscellaneous proceeds shall be applied its the orderprovided far is Section 2. In the event of a tutd taring, destruction, or loss in value of the Property, the hfseellaneaut Proceeds shad be applied to the autos sneered by this Security Inatnm>mt, whether er cot dim due, with the excess, if any, paid to Borrower. In the event of a partial taking, deetnatiOn. or lees in value of the Property in which the fait reatdoet 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 scarred by this Security Instrument immediately before the partial talpag. dectrnenon, or lose in value, umlcne Borrower and Lender otherwise agree in writing, the aeons secured by this Security lasttrmoent shall be reduced by the amount of the Mlacellaaeoes Proceeds =DipEd by the following fraction: (a) the total amount of the airs seeured /drea telt' before the partial tatting, destruction, or loss in value divided by (b) the fair mix vane of the Property immediately before the partial taking, destruction, or lose in value. Any Wince shall be paid to Borrower. In the event of a pedal talaug, drairuetion, cc loss in value of the Property in which the frit Marked value of the Property immocliately before the partial taking, destruction, or lose in value is law than the Moult of the tame secured immediately before the partial tsiring, deduction, or lass in value, unless Borrower and Lender otherwise agree in writing, the Macadam Proceeds shall be applied to the Sums second by this Security Mammon whether or not the subs are then due. If the Property is armload by Borrower, or iU alta notice by Leader to Borrower that the Opposing Party (as defined in the nest sentence) offaa to make an *ward to setde a claim for deegrs, Harrower file to respond to LLender within 20 days after The data the notice is given, Lmdec is aatbotized to coned and apply the Mmallaam® Proceeds either to rtamation or repair of the Property cc to the sums secured by this Security Iastleeeem, subPother air not dual due. "Opposing Petty' means the dried party drat owes Borrower MllaeeUtaeoua Proceeds or the party against whom Boaawerbas a right of action m regard to iriace lencous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or ammo*!, is begun that, in Lender's judgment, could remit in forfeit= of the Property or other material impairment of Lender's interest in the Property or rights under this Security iasb®en. Barrows tan etre slier a defantt cod, if emanation has occurred, remetate as provided in Section 19, by ceasing the action or proceeding to be dismissed with a prlieg that, in Leader's judgment, precludea forfeiture of the Property or other material imlrei®amt of Luria'. interest in the property or rights under this Security Fusttt®dt The proceeds of any award or claim mr damages that are atlnbutable to the impairment of Lender's imerea jmtdie Property are hereby assigned end shall be paid to Lender. All Miscellaneous Pomade 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 Massed; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of mended= of the mans secured by this Security login:m at gutted 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. Leader 0211 not be reegnard to commence proceedings against my Successor in Interest of Borrower or to refuse to extend time for payment or otherwise resdify amotaratinn PRIVVX.VAMA--.4gegleP 1y—FourMaalPndBa Mae UNIFORM IItSTRVMto T ��000arrrRam+o30J9slat rtumeaatimu. aEsa pggtia (Pate9gf14prgey 7oa,yoR tittaeavra AK 1942 PG 0924 01-30-'13 11:34 FROM• " _' - T-024 P0018/0050 F-285 of the snots secured by Iltde Security Lnetrtnnmt by toxon of any demand made by the original Borrower or egy Successors is Imtereat of Borrower. Any ibtbatrauoe by Lender in enenoiting any riShr or *moody including, without limitttioc. Leatdrs's acceptance of payiment from Iliad prssomr, edifice of Success's in Lateteer of &cower un in amount. Leas than, the amount then dee, shall not be a waiver of or preclude the exercise of any eight or remedy. 13 Joint end several Liability; Co-dpm; Summa■ 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 iaatnmxat but does not execute the Note (a "co•aiuuer"): (a) Is eo-signing this Security Instrument only to mortgage, goon and convey the cosigner's interest in the Property under the terms of this Security lestrumcat; (b) is not personally obligated to pay the suras seemed by this Security Lnsfmment; and (c) agrees that Leader and say other Bonn= can agree to extend, Medity, forbear oe make say acceanmodetions with mad to the tents of this Security Tnstrunnut or the Note without the ea -signet's consent Subject to the provisions of Section 18, any Somme in Interest of Borrower who assumes Borrower's obligations eider this Security Instrument In writing, and is approved by Lender, shall obtain aII of Borrower's rights and bmefcb 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 is writing. The oovaoants and agleam= Of this Sacudty lasmemcar shall bind (accept as provided in Section 10) and bensfit the successors and assigns of Lender. 14, Loan Charges, Leader may charge Borrower fees for services petforumd in connection with Borrower's daamlt, for the purpose of protecting Lender's interest io the Property and rights under this Secttrity hutment, including, bre not limited to, attorneys' fees, property inspection and vs/uaten fees. In regard lo any other fees, the absence of express enlbcrjty In this Security inanrunmt to charge a sped&c fee to Berton/et shall not be cemented as a prohibition on the char ng of such fee. Lender may not charge fees that ate evenly prohibited by this Security lsretmnneat or by Applicable Law. If the Loan is subject to a law which sets maximmn 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 canoed the permitted limits, them (a) any such loan charge shall be reduced by the amount necessary to mince the charge to the permitted limit; and (b) any sans: already collected from Borrower which exceeded permitted limits will be refunded to Burrower. Lender may choose to make this refund by reducing the pecipa& owed ender the Note or by mating a direct payment to Borrower. It' a refund recces principal, the redaction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for ander the Note). Borrower's acceptance of ray such refired made by direct paymwt to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices gm by Barrow or Under in connection w&ththis Soatrby kis/mined oast be inwtit rg.AnynotitetoBOrroaerinconneetienwiththisSecuritylost anal&libedimmedtohavebetagiven to Booms whey mailed by fast darn mail or when actually delivered to Banowa's notice address if seer by otter means. Notice to any one Borrower shall 000ttitute notice to all Bowman calms Applicable Law worn* requires otherwise. 'Tie notice address shell be die Property Address =lose Borrower Dun designated a sthenic notice ahem by notice to Lanier. Borrower shall prompdy notify Lander of Borrower's change of sddma. If Leader specifies 'procedure firnpertieg Baaowa's change ofadd+eas, then Boerowaahellceiyteepocts change of address through that specified procedure. Dem tray be only one designated notice address under this Scarcity Loatormnart at any one time. Anynotice to Lender thallbe given by &bowing itorbymain it by East class wait to Lender's address stated Ueda unless Linda has desigma edauodser address by notice to Borrower. Any notice in connection with this Security Lnsnuma t shall not be deemed to have been given to Larder until achnatly received by Lender. If any notice requited by this Scanty Instrument is also required under Applicable Taw, the Applicable Law tequndnrnt will satisfy fir crnesporxtmg requirement under this Se>curitylnsttnmeot. 16. Governing Law; Sevenhillty; Role of Conetrmetion. This Security Instrument shall ho maned by federal Lew and the law of the jurisdiction in which the Property is located. All bights and obligations nt tS11 i'AigA--Shale Pastes'—eraolj tat/Freddie Mae ureic JNS1RIIMRNP Pons NM Let 4000577214 Greates r ander owmoue esin-t*PA5115 MereZOoJltmeg) ren roausammarra 8K 19l 2PG0925 01-30-'13 11:35 FROM -1 T-024 P0019/0050 F-285 contained in this Stonily haatton= . e etrbject to any tequiteasente and lanfteliess of Applicable Law. AmanLaw wipe exp you implitidy allow the pates toagree bycoated orfeuds* besame, but such Acme sbaU not be crostrund as a pinhtbition against agreement by centred. In the event tint shy provision err dense of this Security Inaattmeat or the Note masa with Applicable Law, each conflict shall not eruct other p:ovtdoae of this SecuritySc littleness: cc the Note which as be given effect without the omllieting pewit= = As used in this Security Inbemtenr (a) wards of the masculine gender shall mem and include ooneepcoding neuter words or worth of the fie gender, (b) wads in the singular shall mean and iodide the plural and victoria; end (Orbs word "may gives sola discretion without rug obligation to tale may action. 17: Borrower's Copy. Borrower shall be given ore copy of the Note and of this Security lust. l8. Tramcfsr of the Property or a Bcnegdal Interest in Borrower, As used in this Section 18, Interest in the Property" mans any legal or beneficial interest in the Property, including, bat not limited to, those berefidal interests transferred in a bond for deed, contrast for deed, inaWlment sales contract or escrow a_oeaaent, the Ment of which is the Inmates of title by Boneower at a future dale to a purchaser. If all oraypart ofthePropertyorsoy Interest inthe Poopettyissold ortimusfeued (or ifsaavwerisnot a metrical person end a beneficial interest in ifomower is sold or tred) without Leads prier mitten ca eters, Leader may require i iem payment in feu of all some secured by this Security Imtnmteat. However; this option shall rot be exercised by Lender Minch sxrreise is probtlitod by Applicable Law. If Larder ceercises this option, Lender shall give Burrower notice of acoeletatiesa. The notice shall provide a period of not lees than 30 days fora the date the notice is given in accordance with Section IS within which Borrower tont pay all sums secured by this Security Instrument. If r:mower fails to pay these gums prior to the expiration of this period, Larder may invoke any netnedice pew by this Scarcity Instrument without further notice or demand on Borrower. 19. Borrower's RAW to Reinstate ,After Acceleration. If Borrower meets mask conditions, Borrower shell have the right to have enforcement of this Scanty Instrument at disconbaued 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 Seanity benumeat; (b) such other period as Applicable Law might specIfY for the termination of Borrower's right to miriade; or (c) entry of a judgment enforcing this Security instrument Those conditions are that Borrower (a) pays Lender all same which then would be due under this Security Instrument and the Note as if no acceleration had octamtd; (b) cures any default of any odes covenants or agreements; (c) pays all expenses incurred in enforcing this Security IasOvment, including, but not limited to, reasonable attorneys' fixe, property inspection and valuation foes, and other fees incurred for the teatime of protecting Lender's interest in the Property and rights under this Security Inshnment; and (d) tales such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Seanity Inert, and Borrower's obligation to pay the sums secured by this Security Instrument, shall minima unchanged Lender nay require that Borrower pay such r®atae ne t sums sad expenses in one or more oftho following forms, as selected by Leader (a) cash; (b) money order; (c) certified check, bank check, hemmer's check or cashier's check, provided my such check is drawn upon an imitation whose deposits are insured by a federal agency, instmmentality or entity; or (d) Electronic Fendt Transfer. Upon rei etafemeutby Borrower, this Security Instrument and obligations seamed hereby shall mein fully effective as if no eocelmatioa had occurred. However, this right to maga* * shall not apply in the case of acceleration under Secdoa 18. 20. Site of Note; Change of Loan Sartori Notice of Grievance. The Note or a partial i tetrgt in the Note (together with this Security lastroment) can be sold one or more times without prior notice to Borrower. A sate might result in a change in the entity (known as the `Zoon Servicer") that collects Periodic Payments due tinder the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, end Applicable Law There also might be one or more changes of the Loan Servicer =related to a sale of the Note. If these is a change of the Loan Se vicer, Sallower will be given written notice of the change which will mate the paw and address of the new Loan Serviced the address to which payments should be trade and any other info=stion BBSPA requires is ooIInectioa with a notice of transfer az cevicing, If the Note is sold and thereafter the Loan is serviced by a PENTCYLYAttiA--BinaneFvmly—BieckMsorse mStanUNIFORMnrsrRUMENT Pare ar�enaovr,tsao+r�tMFPA7tts (Page 11q!4pagerJ n°$eri?�teo >S BH 1942PGO926 01-30-'13 11:35 FROM -7— ------- . T-024 P0020/0050 F-285 Loan ScrvIcer other that the pier of the Note, the mortgage loan servicing obligations to Harrow= will mein with the Loin Services or be aseatbmed to a,ncoeaaer Loan Sevieer and an not assessed by the Note purchaser anleaaotherwise provided bldie Note Purdue,. Neither Borrower nor Lender may commence, jofa. of be joined to any judicial action (as either to individual litigant or the member of a class) that arises fern the other patty's actinods pursuant to this Security lusevmeat ex that alleges that the other party bas breached troy peoviaism of, or any duty owed by moon of gds security lnettothent, until sorb Borrower or Linder baa notified the other party (with ouch melee given in amp/isote with the engaira>ma of Section 15) of such alleged breach end afforded the other petty lazcto a reaaomable potiod atter 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, tut tiros period will be decreed to be resscoable for ptnposea of this paragsph 'Yue notice of acceleration and opportunity to one given to Borrower pcuaamt to Section 22 sad the notice of acceleration given to Roamer pmanant to Section 18 shall be deemed to wady tate notice end opptemnity to take corrective action provisions of this Section 20. 2L Has udoua bbbelanta. As used in this Section 21: (a) "Hamtrdom Substances" are those anbeantee defined u toxic or baztadoos substances. pollutants. cc wastes by Environmental Law and the following educates: gasoline. keronme, other fee amble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials ceataiaing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" mama federal laws and laws of the jurisdiction wbete the Propeny is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Envie ensentel Leon and (d) en "Brio sal Condition" !!mans a condition that can cane, ooanibnte to, or otherwise tie ran Envirconoltal Cleanup. Borrower shell not carie or pecan the presence, use, disposal, afinege, 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 vidstion of any Environmental Law, (b) which creates an Envimertiontal Condition, at (e) Web. doe to the presence. use, or release of a Dumdum Subst nce, creates a e :edition that adversely affects the value of the Property. lee preceding two all sentences ehnot apply to the presence, use, or storage on the Property of awn quantities of Hazardous Sabuteooea that arc generally recognized to be appropriate to normal residential pees end to mtdintenance of the Property but� , ! in consumer pproducts). eershllw() any ioveatigstica, alas, demand, lawsuit or other action by any governmental or residuary agency or pflvate party involving the property and may Hazardous Substance or Environmental Law of which Borrower hsa actual kande*. (b) any Environmental Condition, including but not lbmited to, airy Spilling, keg, discharge, edema or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardars Substance which adversely affects the velure of the Property. If Borrower learns, or is notified by any gel or regulatory authority. at any private party, that any removal or other reorediation of ay Harardons Substance affecting the Property is necessary, Borrower ahalr promptly take all necessary remedial actions in eeomdance with Euvuoomental Law. Nothing herein shall acme any eb8getion on Lender for an Environmental Champ. NON-UNIFORM COVE AN S. Hoerower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shag f* notice to Botrowar peter to actakratloa fallowleg Borrower', breath of any covenant or agreement it this Security Inurement (but not prior to acceleration tender Seetbn 18 ludas Applicable Law provides otherwise). Lender dull notify Borrower of, among other O.tugr. (a) the defaalq (b) the action requested to sure the default; (e) when the dceott must be cured; and (d) that failure to not the dafank as speeffief may result !n acceleration of the sums eased by this Security Instrument, foreclosure by jedldal proceeding and aide of the Property. Lender shall further inform Borrower of the right to et aatnto alter •smieratoa and the right to auntie the tbrecioem t promed1ng the ma.extstence ei a default or ate, other defame of Botzwrer to acceleration and foreclosure. If the deholt is not traded as specified, Lender at res Vilna way =Ohm hmmadiea payment L tel of all sums ..cored by tide Security Imlranremt without rereaYLVANu-sidsleggraly-F.aakMae/Freak Mat UNWORN ltssiltUlnffttc 5 3x10 not nes.teoss)-semmepAnuls (Paaat2 ofrtf {i 7oOdtl.Qlr',4aD a BK 19t2PGQ927 01-30-'13 11:36 FROM. T-024 P0021/0050 F-285 farther dame{ and stay feredoaa ads Security Inatrunsittt by iodlclal proceeding. Lender Wall be entitled to ailed all expense' incurred in pursing the remedies provided La this geeftoo 22, fadidtag bat not limited to, attorneys' fees and eons of tide evidence to the extent peemitlid by Appbeabl! Law. 23.• Release. Upon payment *foil mens secured by Ilk Security Inatr®enit thin Security tasirunse t and the owe conveyed sbaU terminate and become void. After such occurrence, Lender shall dime and satisfy this Security Inaeronent Borrower shall ploy soy toeosdadon costa. Lender may charge Raavwera fee for rtlelsiag ilia Security Instrument, but only if the fee is paid to a third pasty for seniors rendered and the charging of the fee is permitted nada Appl cable Law. 24. Waivers. Uoleower, to the extent peamttod by Applicable Law. waives and releases any mow cc defects in proceedings to enface this Security Instmment and hereby waives the benefit of any present or Arts= Ism stay of execution, extension eth eaentption from atmehmme, levy and salt, and homOn 25. Adastattane t Pelted. Boatmen's en's limo to zeinst rte provided in Section 19 shall extend to one boas prior to the commencement of bidding eta sberiWe sale or °thasalc puma= to this Security Iaatrraneut. 26. Patchier Macey Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to umpire tide to the Property, this Security lustnnoent shall be a purehase money mortgage, 27. interest Rate After Judgment. Borrower agrees that the intense rate payable after a judgment is entered on the Note oz in as action ofmortgage fleeclosure shell be the rax payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the tams and covenants contained in pages 1 tbreugh 14 ofthia Secaity Instrument and in any Rider exeomed by Borrower and recorded with it XWAtiK 014 -serener Witness: re tISYLVAMIA—sioSie Pamar- amde Yew tat unrrottos INSISuaaatr rte„ 2701.41 tcw1)—ae+aUFPAS115 (Age r3 efpgse;) 8K1942PG0928 Per1r 31151181 re c.eieaosesena 01-30-'13 11:36 FROM- RACTS T-024 P0022/0050 F-285 • Sate of ParittiWantili Coot/ cif 0 4 t-1. On this the,'? ,`.i-�' day of /�Z a•�t� �. - `G me. . c .. , tar officer, moonily eared MARY K. COOK blown to tot (or Might totily proved) to bo the psleon(s) whose names) is /1a. G. +t. eabecdbed to the within instnrm:at and a knowledpodthst hrahe amcuted the same fbr the purposes therein contained. IN WITNESS WIDIRSOF, I hemacto sat my hsod sad official sal. OFF nv NOTARW.SEAl. AtelJ.LONG, Nosy Pude , ctf My Callmissian exp rot: Mb of Max CBRTIPICATEOFRESIDEI CE p, 4 t. t 41+ `54 1 do hxeby con* tint the covert address of named lender is 21 O NO ?H FIRST STREET, SAN JOSE, California 95131 Witness my bund this day of Aft H-•,,t.�.—% 1,0 C IBPROYLVAMA--8to•jeFi®b—irsadc1ie/IYrOgehew UNWUeMINSMUJ 4f rent 30351/Dl taryw nal 270004(010+)- 04FPA3115 (Page l4o/J4pa ) SKI 942PG0929. • 01-30-'13 11:37 FROM-"-"- "----" — ; T-024 P0023/0050 F-285 LEGAL_DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, Pennsylvania, being designated Lot No. 62 (Phase 4) on a certain Final Subdivision Plan for Greenfield Limited Partnership prepared by Statler-Brehm Associates, Inc., dated January 20, 1994, and recorded in Cumberland County Plan Book 68, Page 34 (the `Plan"), as more particularly bounded and described as Mows, to wit: BEGINNING at a point on the southern right of way line of Thornhill Court (50.00 feet wide), said point being on the dividing line between Lot No. 61 and Lot No. 62 as shown on the Plan; thence continuing along the said dividing line South 12 degrees 26 minutes 27 seconds East, a distance of 134.07 feet to a point on the northern dedicated right of way line of Marsh Drive (T-479); thence continuing along Marsh Drive 89 degrees 10 minutes 20 seconds West, a distance of 36.99 feet to a point on the dividing line between Lot No. 62 and Lot No. 63 as show on the Plan; thence continuing along the said dividing line North 12 degrees 26 minutes 27 seconds West, a distance of 131.05 feet to a point on the southern right of way line of Thornhill Court; thence continuing along the said right of way line by a curve to the left having a radius of 225.00 feet, the chord bearing of which is North 86 degrees 11 minutes 34 seconds East, an are distance of 36.45 feet to a point on the dividing line between Lot No. 61 and Lot No. 62 as shown on the Plan, said point being the point and place of BEGINNING. BEING Lot No. 62 as shown on the Plan and containing 4,754.31 square feet. UNDER AND SUBJECT to a storm water easement on a portion of the lot as more particularly shown on the Plan. BEING the same premises which Wilma L. Clippinger, by deed dated March 2, 2006, and intended to be recorded herewith, granted and conveyed unto Mary K. Cook, Mortgagor herein. BK 1942P60930 01-30-`13 11:37 FROM-.__ PREPAYMENT RIDER T-024 P0024/0050 F-285 Ilia Prepayment Rider is made tbis 2nd day of March 2006 , and is incorporated into and shall be deemed to amend and aupplemtat the Meuipage, Dodd of Trust or the Security Deed (the 'Security Lau f") of the sante date given by the aodcrsipod (the' ,uwer") to wears Boaowee'e Note (the' Nota") to FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN (the "Leader~) attic same date and covering the property detailed in the Security Inatr®eat and located at 4 THORNHILL COURT SOUTH MIDDLETOWN TOWNSHIP, PA 1)013 ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Seentlty instrument, Borrower and Lender farther covenant and agree as follows: Borrower ea make a partial prepayment et anytime; wifbont paying any charge. Borrower may male a fill pteptyment at any Hee subject to a prepayment charge as foloaa: If within the feat 24 morula atter the date Borrower motet the Note, Borrower mates a full prepaymsnt (including Iaepeyments occurring as a rest* of the acceleration of tho maturity of the Note), Borrower must, sea condition precedent to a full prepayment, pay a ply age on asy as1X411X prepaid In any 12 month period in rheas of 20% of the unpaid balance. The prepayment charge will equal the int oat that would accrue daring a six -sooner period on the Exons Principal calculated at the rate of interest in effect under the terms of the Note at tic time oldie full pspeymeac NOTICE TO BOIEi>t OWEIt Do not din thb lean agreement before you read it. Tells loan agreement provides for the payment of a penalty df you wish to reply the kin prior to the date prowlded for repayment In 'be loan agreement. BY SIGNING BELOW, Borrower accepts and agrees to the teams and covenants contained in this Prepayment Rider. MARRY K. COOK (.a comer -Bawer Seal) actravar (Seal) (Settl) Banowa -Bonew r AdivatiaMats /remove lima • Pere JJea-A1GA4ATI r►,CO, Ct,DC. DX. VI. GA, 8t,£4,Wee, l.A.MIA,MD. Mt, AtT, I'tD, tar, xB. Mt, Nor, Nva NY.ox. OR. !A, rU, SC, SD, TN, TX, UT, VA, VT, WA., WY FROIZ O Seal x214 BK 19L 2PG093 I 01-30-'13 11:37 FROM- T-024 P0025/0050 F-285 A 4. • ADJUSTABLE RATE RIDER HMR 6Month Indy (Aa P•l"s6ed In The Wet Streit hum* -Rate Cape) THIS ADJUSTABLE RATE RIDER is made the 2nd day of Match 2006 , and it inoorpoeamd Into and doll be deemed to anemd and supplement the Mo tyage, bond of Duet or Serenity Deed (the Iccuthy Insu m enc) of the mins date given by tae uodtadgned (the Mearns:'? to =care Borrowees Agbk Rate Note (the 'Mel to FIRST FRANKLIN A DIVISION OF NAT. CITY HANK OF P4 (the 'Lendef') of the same data and aovetbi the property dnaibed in the Smoky Inca mens sod located at 4 THORNNIU. COURT SOUTH MIDDLETOWN TOWNSHIP, PA 17018 oopeity Mired THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE MUMS? RATE AND THE MONTHLY PAYMENT. THE NOTE WATTS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE RORIOWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covmtutta and averments made in the Security Iosnumeat, Borrower and Leader futtha connate and ape as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 82500%. The Note provides for changes ti the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGE (A) Change Dates The interest rate I will pay may change on the first day of April 2003 end on that day every 8th month thereafter. Each date on which my interest rate could change it celled a "CUSP Data." (B) The Ind= Beginning with the that Change Date, my interest tate will be based on an Index. The 'Index' is the average of interbank offered sates for 6 month U.S. dollar.denominated deposits is the London market ("LIBOR"), as public sd in The Wall Sorer lorarmL The most recent Index figure evadable as of the fast baroness day of the month immediately preceding the month in which the Orange Date occurs ie called the 'Current Index: If the Index is no longe: available, rho Note Holder mil choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Data the Note Holder wit calculate my new interest tate by adding Five percentage points ( 5.0000%) to the Omeat Intkx. The Note Holder will then round the result of this addition to the neatest one-eighth of one percentage point (0.%25%). Subject to the hots stated in Section 4(D) below, this rounded amount xa l be my new interest rate until the next Change Date. MUISISTATtAD3 rAe1ERAZE 11MERJ211014dMONIS uiI/St CAS mamma et MG WALL a susur,KA RNAL) — Sin* thinly M9460741.1 (Cann.) O MM% 14FeD0058 BK 19t 2PG0932 (Pap 1 of ip*rn) To21i4'owo"au tsrraemnr 01-30-'13 11:38 FROM...IAN1r nvcmonr"PC T-024 P0026/0050 F-285 The Nota Holder will thea deternzeoe the amount of the monthly payment that wield be cadent to ray the unpaid pial drat Ian 0xpeded to owe et the tie Date it inti on the Maturity Date at my new interest rate in substantially opal payments. The rank of this calculation will be the new atone est my monthly payment Linda Oft bliamtlaltaa Mugu T1re tntetert rete I am requited to pay et the firm Chose Date will not be goiter than 112600% or less then 8.260096. Thereaftec, my wawa tare wig never ba mowed or demand air any angle Cheap Date by more than One PemcntIlle point(a) ( 1.0000%) from the rue of interest I have beta-Mizefor the preadiag 6 months; nit to the following Emits: My interest tate well neva be greater than 14.2600%, nor We than also va. (E) Effective Date of Changes My new interest site w61 become effective on each Change Date. I will pay the amount of my new monthly payment beginning ore the fuse monthly payment date after the Change Data until the amount of my Payer changer again. Rel Nodce or C The Note Holder will deliver ce mill tome a notice of any daenga in my literal rate and the a tou ntof my mont ly payment before the effective date of any change. The notice will include information required by law to be given me and also the telephone number of a person who will answer any question I may have reg3tdkig the notice. B. TRANSFER OF THE PROPERTY OR A B>l ICRICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended no mad as follow& Treads of the Property or a Bene d Menet in Borrower. If all or any part of the Property or any Mogaat at it is sold or aaaefeaed (or if a bene tial interest in Borrower is cold or transferred and Borrower it not morel paaon) without Lender's prior mitt= consent, Lender may, at its option. tequhe immediate payment in full of all mans socnaod by this Stewisy torano ant. However, this option shall not be exercised by Lender if exercise is psoblired by federal law es of me date of this Security Instrument Lender also shall net Morin this option if: (a) Borrower causes to be submitted to leader information rogohed by lender to evaluate the intended tanafeme as if a new loan were being made to the ttaceieaoc and (b) Lender reasonably determines that Lender's annuity will not be impaired by the loan assureptoe end that the rink of a bleach of any covenant or egrueaaentin this Sea* Instrument is acceptable to Lauda. To the extent permitted by applicable law, Leader may charge a naaonebk fee as a condition to Lender's consent to the loan assumption. Leader also may requite the metexee to sign an easun>ption agreement that is acceptable to tender and that obligates the transferee to keep all the promises and areements made in the Note and in this Security Instalment Borrower wifl continua to be obligated ander tin Note and this Security Instrument unless Lender releases Borrower in writing. If Lender =rues tlx option to uepthe immediate payment in full, Lader shed Sive Borrower notice of acceleration. Tin notice shell provide a period of not less elan 30 days from the date the notice i$ delivered or mailed within which Borrower must per all same seemed by this Security Inatc m sot. If Borrower faits to pay these sums prior to the aphelion of this paved. Leader may invoke my remedies permitted by this Saamity Instrument without further notice or demand on Borrower. r�ware:eens1L) 000 MFCOeobB BK 19421'0933 Meg 2elf3Pa es) fir roc rt+6oaroeawer. i 01-30-' 13 11:38 FROM .___ ..__ _____ _ _ T-024 P0027/0050 F-285 BY sieiNZNO BELOW, Borrower accepts and amen to the tams gad covenants contained in Pogo 1 through 3 of this AdjustableRider. aciatmv Basi? •sanvwer fSedl (sod) -Bawwa -Boma rseai) rc�� -Boma -Ea w& 54094+4 Mare -IcfSpaps) I Certify this to be recorded In Cumberland County PA i r lv��.. Rernrder Of Deeds BH f 9 2PG0934 Alga Origind 0,1411 4000077114 By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 8.1747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I, Danielle Boyle -Ebersole, Esquire, attorney for Plaintiff, hereby certifies that I served a true and correct copy of the Motion for Reassessment of Damages.and Rule To Show Cause by United States Mail, first class, postage prepaid, on the a/"'"d}ay of July, 2014, upon the following: Mary M. Cook 45 Liberty Drive Mount Holly Springs, PA 17065 James D. Cook a/k/a James David Cook 4 Thornhill Court Carlisle, PA 17015 Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interes from or Under Mary K, Cook, Deaceased 4 Thornhill Court Carlisle, PA 17015 THOMAS M. FEDERMAN, ESQUIRE )(DANIELLE BOYLE-EBERSOLE, ESQUIRE PAUL J. FANELLIE, ESQUIRE Attorney for Plaintiff By: FEDJERMAN & ASSOCIATFES, LLC Thdrnas M. Federman, Esq., ID No. 64)J68 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY A C7 N RULE TO SHOW CAUSE AND NOW, this 4, upon consideration of Plaintiff's Motion for Reassessment of Damages, a rule is entered upon the Defendant to show cause why the Reassessment of Damages should not be granted. Rule returnable the#2( da e;.G of 2014. BY THE COURT: pt t -Et olz- Plaibf Ituk. A1614 J�.nE:s aOk By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215)572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION �= - —i —'C3 CO ,:e". u r" 1 cD NO10-7061 <cJ -o o -f" c.) os.. CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I, Danielle Boyle -Ebersole, Esquire, attorney for Plaintiff, hereby certifies that I served a true and correct copy of the Motion for Reassessment of Damages and Rule To Show Cause with Rule Returnable date of August 25, 2014 by United States Mail, first class, postage prepaid, on the ay of August, 2014, upon the following: Mary M. Cook 45 Liberty Drive Mount Holly Springs, PA 17065 James D. Cook a/k/a James David Cook 4 Thornhill Court Carlisle, PA 17015 Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interes from or Under Mary K, Cook, Deaceased 4 Thornhill Court Carlisle, PA 17015 THOMAS M. FEDERMAN, ESQUIRE DANIELLE BOYLE-EBERSOLE, ESQUIRE By: FED.>CRMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID. COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK. DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY may- RULE TO SHOW CAUSE AND NOW, this / day 34r 14; upon consideration of Plaintiff's Motion for Reassessment of Damages, a rule is entered upon the Defendant to show cause why the Reassessment of Damages should not be granted. Rule returnable the '5 da 4/7",-),..--t of 2014. BY THE COURT: By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff V. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) li7- £ . , L r •_ s ► 9 F� ..�, i 14i 1'1'' nb ; rSl1. D COUNTY ATTORNEY FOR PLAINTIFF' t'- ,�•• Ft"(• COURT OF COMMON PLEAS CIVIL DIVISION NO 10-706] CUMBERLAND COUNTY PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE Plaintiff, Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass -Through Certificates, Series 2006-FF9, hereby moves the Court to make absolute the "Rule Returnable" dated August 25, 2014, issued in connection with Plaintiff's Motion for Reassessment of Damages, and support hereof, avers as follow: 1. On July 30, 2014, Plaintiff filed a Motion for Reassessment of Damages ("Motion") with the Court. A true and correct copy of the Motion (without Exhibits) is attached hereto as Exhibit "A." 2. Plaintiff served copies of the Motion for Reassessment of Damages to the Defendants on July 28, 2014 as indicated on the Certificate of Service. A true and correct copy of the Certificate of Service is attached hereto as Exhibit "B." 3. By Order dated August 1, 2014, the Court issued a Rule to Show Cause, directing Defendants to show cause why the Motion should not be granted, and to file an Answer to the Motion with Rule Returnable on or before August 25, 2014. A true and correct copy of the Order to Show Cause is attached hereto as Exhibit "C." 4. Plaintiff served copies of the Rule to Show Cause, with Rule Return date of August 25, 2014 upon Defendants on August 4, 2014 as indicated on the Certificate of Service. A true and correct copy of the Certificate of Service is attached hereto as Exhibit "D." 5. To date, Defendants have not filed an answer, or otherwise responded, to the Motion. WHEREFORE, Plaintiff requests this Honorable Court make the Rule absolute and to grant the Motion for Reassessment of Damages. Respectfully submitted, FEDERMAN & ASSOCIATES, LLC THOMAS M. FEDERMAN, ESQUIRE ,DANIELLE BOYLE-EBERSOLE, ESQUIRE PAUL J. FANELLI, ESQUIRE Attorneys for Plaintiff VERIFICATION DANIELLE BOYLE-EBERSOLE, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing facts are true and correct to the best of her knowledge, information and belief. The undersigned also understands that his statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. DANIELLE BOYLE-EBERSOLE, ESQUIRE Attorney for Plaintiff 305 York Road, Suite 300 Jenkintown, PA 19046 Tel.:(215) 572-5095 Fax.:(215) 572-5099 Dated: EXHIBIT "A" 3. Since the entry of Judgment, Plaintiff has incurred 'additional costs for interest/ escrow advances/ Property Preservation in the amount of $51,510.85 to protect its security interest. 4. Upon disposition of this petition, the amount due and owing will be as follows: Principal Balance Interest (through 7/31/14 @ $32.07 per diem) Escrow Advance Property Inspection Property Preservation Suspense REASSESSED DAMAGES $ 139,935.79 $ 51,938.06 $ 15,663.96 $ 139.45 $ 10,108.17 $ (4,297.77) $ 213487.66 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth above and requests such other and further relief as is just. WHEREFORE, Plaintiff requests this Honorable Court issue an Order to the Prothonotary to reassess damages as set forth above. Respectfully submitted, FEDERMAN & ASSOCIATES, LLC TI-10MAS M. FEDERMAN, ESQUIRE ,.DANIELLE BOYLE-EBERSOLE, ESQUIRE PAUL J. FANELLI, ESQUIRE Attorneys for Plaintiff By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff V. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR REASSESSMENT OF DAMAGES 1. Matter Before the Court. Plaintiff's instant motion is for the Reassessment of Damages with respect to its action in mortgage foreclosure. Under the terms of the mortgage, the relevant portions of which have been highlighted for the Court's review, Plaintiff, as mortgagee, is entitled to reimbursement of costs incurred to protect its secured interest. A true and correct copy of mortgage is attached hereto as Exhibit "A." Plaintiff has, in fact, incurred costs subsequent to the Court's entry of Judgment. Plaintiff, therefore, has filed this instant motion. 2. Statement of Question Involved. Is Plaintiff entitled to reassess damages to recover costs incurred post -judgment and prior to the payment of judgment in full? Suggested answer: yes. 3. Facts. Plaintiffs Complaint in Mortgage Foreclosure was filed on November 8, 2010. On April 3, 2012 Judgment was entered in favor of Plaintiff, and against the Defendants in the amount of $167,644.64. 4. Argument. Under the terms of the mortgage, Plaintiff is entitled to recoup Real Estate Taxes, Insurance Premiums, and other charges advanced by the Mortgagee which are advances necessary to protect its security interest. As set forth in Plaintiffs foregoing Petition, these advances are recoverable in the amount of Judgment against the Defendant. Plaintiff is entitled to the reassessment of damages so long as Plaintiffs motion is filed prior to the payment of judgment in full. Chase Home Mortgage Corporation of the Southeast v. Good, 370 Pa.Super. 570, 537 A.2d 22 (1988). 5. Relief. WHEREFORE, Plaintiff respectfully requests this Court enter an ORDER to the Prothonotary to reassess damages as set forth above. Respectfully submitted, FEDERMAN & ASSOCIATES, LLC THOMAS M. FEDERMAN, ESQUIRE ADANIELLE BOYLE-EBERSOLE, ESQUIRE PAUL J. FANELLI, ESQUIRE Attorneys for Plaintiff VERIFICATION DANIELLE BOYLE-EBERSOLE, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing facts are true and correct to the best of her knowledge, information and belief. The undersigned also understands that his statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. 22 DANIELLE BOYLE-EBERSOLE, ESQUIRE Attorney for Plaintiff 305 York Road, Suite 300 Jenkintown, PA 19046 Tel.:(215) 572-5095 Fax.:(215) 572-5099 Dated: By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff V. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY C-, PLAINTIFF'S MOTION FOR REASSESSMENT OF DAMAGES Plaintiff, Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass -Through Certificates, Series 2006-FF9, files this motion for Reassessment of Damages for the following reasons: 1 On November 8, 2010, Plaintiff's Complaint in Mortgage Foreclosure was filed. 2. On April 3, 2012, Judgment was entered in favor of Plaintiff, Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass - Through Certificates, Series 2006-FF9 , the Defendant, Mary M. Cook, James D. Cook a/k/a James David Cook and Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Mary K, Cook, Deceased, in the amount of $167,644.64. By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY RULE TO SHOW CAUSE AND NOW, this day of 2014, upon consideration of Plaintiffs Motion for Reassessment of Damages, a rule is entered upon the Defendant to show cause why the Reassessment of Damages should not be granted. Rule returnable the day of 2014. BY THE COURT: J. 01-30-'13 11:31 FROM- qCq 6 Prepared By: FIRST FRANKLIN 1000 BISHOPS GATE BLVD. SUITE 08654 800-770M277 Belem To: FIRST FRANKLIN • do SECURITY CONNECTIONS 1935 INTERNATIONAL. WAY IDAHO FALLS, ID 63402 Parcel Na: 40•24•07491-088 MN; 100425240006772146 T-024 P0009/0050 F-285 100, MOUNTLVERNJ_. ZIECLER RECORDER OF DEEDS CUMBERLAND COUNTY -PA to MIR 3 fin 1153 IfigaceAbove gyros Liu nritam..tetrdotal MORTGAGE DEFINITIONS Words used in n 1dplt sections of this document see dcfmcdbaiow and other wards ace defraud in Sections 3,11,13, 18, 20 and 21. Certain rules regarding the wage of words used in this document lac also provided in Section 16. (/.) "Seed!! Insframegt" Mum this dorm otmt. which is dated Mnrtri 02, 2006 , together with ell Rid= to this doctmrent, (B) "Eorrawer" is MARY K COOK &r ower ie the mortgagor anderthis Security Instrument (C) "WM" in Mortgage Elscaonie Registration Systema, Inc. MEMS is a separate cmpotation that is acting solely as a nominee for Lender and Leader's success= and atgm. MOBS i, the mortgagee under this Security Inatrmntnt. MER is organized and en st g under dm laws of Delmer., and bas as address and telephone =bet of P.O. Box 2026,1'1mt, M146501-2026, tab (888) 679-MERS. (D) "Lender" is FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN Lender is a National Assadauor► organized sad clog under the laws of Unib3d Stahsa of America . Lender's address is 2150 NORTH FIRST STREET, SAN JOSE, California 95131 (E) "Nets" means the promissory note signed by Bouawcr sad dated March 02, 2000 . The Note states that Renewer owes Lender One Hundred Forty Thousand and non 00 plus interest Hounwcrhas Dollars (U.S.$140,000.00 promised to pay this debt in repnler Periodic Paymarts and to pay the debt in full ntrt later t1m April 01. 2036 . I'INK YLvsla4- liner 1,unk—Inuusie MarAYeBae Mu rRopQPM R rraumu.Yr nips 7 OL1rQi?-+imegatFPA31te (Page 1.'kpade3) 111(1942PG0916, sKnl 30314 (44443•84. Lal To INK Cat 144144e.eim 01-30-'13 11:31 FROM-- - "---- - T-024 PO010/0050 F-285 ..-..+... ... . .. .. . P. • • .. .. ... r,_......._r (F) "Proptie masa the grope ty tau is d.scribod below ccaderthe htading'Tramfm of?fghts 11104 Ply." (4 uutaa" tl>eme the debt evidenced by the Nota, plod fit, any PrePaYment ellarSta and late charges dim ander the Note, and all roma dao under this Security lath, phis fatarat (I3) laden" mesas all Rider to this Security Imtrowaat that aro cotecttttd by Benower. The following R;dere tae to be executed by Iioaowar (cheek box are applicable]: 0 Mutable Rate Rida 0 CemdominunaRider 0 Soeand Rome Rider El Balloon Rider 0 Planned Unit Development RiderXJ Other(s)rapacity] Prepay Rider [] 1-4 Family Rider 0 Biroo:My Payment Rid= (A) "Appltcabie Jew" paean all contraing applicable federal, Mate end local italics, regulations, atdivmreea and Administrative rules and ardent (that have the effect of law) as well u all applicable fend, non -appealable judicial opinions. (J) "Comm:matty Association Duel, Peer, and Amens:Rats" nuns all doe, feet, aeeenamenti and ether charges that ate imposed on Borrower ea the Property by a aoodoprimmn association. ban:awnete association or ainniar erg niztHon. 09 "Diatonic Fonds Transfer* means any mads of finds, othrr than a tranrattion originated by check, draft, or ahnilsr paper inahunro , which is initiated through an electorate tennmal, telephonic Matt -maim, computer,or magnetic tape so ss. to order, iastrncr, ea authorize a financial institution to dant or sada sn aeeannt Such term includes, but is trot limited to, point -of -eek tranaferv, automated true; yacht= treasaetiona, trap eat initiucd by telephone, aim transfers, tad aid clearinghouse tatmsibra. (L) "Reetow Items" owns those items that ore &scribed in 3ettioa 3. (M) "Miscellaneous Proceeds" means any compensation, aatdentent. award of dna sgea, or proceeds paid by any third party (other then insurance proceeds paid trader the menages described in Section 5) far. ) damage to, or narration of, the Props y (ii) condeennetiou or other taking of all or any part of the Property, conveyance ie Fuer of condemnation; or (iv) misrepzesentatians of, ar omissions u to, the value sndkr condition of the Property. (IY) "Mortgage Insurance" ar.aas taw: mace protecting Lender against the nonpayment of, or default me. the Loan. (0) "Periodic Payment" means the regutatly scheduled amount mea for (r) principal and interest under the Note, phut (a) any amounts rendes Section 3 ofthia Secarity ltratnrment. CP) "RBSPA" means the Rea] Estate Setfcmtve Prow:tuns Act (12 U.S.C. §2601 et req.) and its ieiptvn ctiag se$tilstinn, Emulation X (24 CFI. Peat 3500), u they tight to amended from time to time, or any addittomt or roomer legislation or regniatim that gamma the sane aobloet matter. Aa Died in this Security intent, "RRSPA" refers to all requirements and restrictions that ire imposed fa regard to "federally related mattgnge lose" even if the Loan doe; not qualify as $ "tbdtrally related mortgages loam" =derRBSPA. PENNSYLVANIA—SStgk Ptmny—Frame Msarivddle Mae IINRORM trifirRUMEnT u 7 Nmil1-+mss MFPA31 i6 (Pae 2012044 BK 1942PG0917 Yate 3039 Vat 4M teaa�c tt 01-30-'13 11:31 FROM - T -024 P0011/0050 F-285 (Q) 'Secs soz m mensal of Jorrcwei ' turas any parry that hal taken title to die Property, whether o> net that putt' bps MI11 5d Bortnwer's °Madam under the Noce and or this Security Instrutt. TRANSFER OF RIGHTS INTI PROPERTY Thin Socmity Insttumrst secures to Leader. (1) the repayment of tbp laie.o, raid all renewals, ezttasiots and modifiextwm or the Note; nerd (ii) the performance of Ilonower'e mom= and sgroemrats tinder this Security Lortniment and the Nate. Fat this rupee, Bertowtr docs horehy mortgage, mut and convey to Mf3RS (solely u nominee fora ender and Lender's succors= and sedans) pad tD the manna and assigns of MHttS the following &scatd property located in the COUNTY Sys ot areinaicor,malas) of CUMBERLAND Mow eflueordln wisEccm+) LEGAL DESCRIPTION ATTACHED HERETO AND MADEA PART HEREOF which outtenayhas the address of 4 THORNHILL COURT SOUTH MIDDLETOWN TOWNSHIP ,Pennsylvmria OP 17013 {"PrapertyAddeern"): Coq TOGETHER writ all the improvements now of hereafter erected on the property. and all eases, apportraisnees, end &ture1 now or hrrcafa a part of the property. All replacements and additions eball alto be eavarod by this Secatity inti at All of the faxogoiug is referred to is this Security Ind as the 'property,' Btarower anderotatula and agrees that TIERS bolds only legal title to the irderests grained by Reamer inthis Security Tasoemcat, bat, if nacosstry to comply with law or nut®, MERB (ea =WO for Lender and Tender's aocccasote and assigns) has the right: to exercise any a alt of dime intotesb, including, but not limited tv, the right to foreclose and loll the Pmpety, and to take arty action required onender includi n8, but not limited to, rclaariag and canceling this Security Inshnmmt BORROWER COVENANTS that Boucot= is lawfully seised of the carte booby coney d mil has the right to mortgage, genal and convey the Property and that the Property is tmencanbeted, except for encomhnraera of record. Borrower warraatt tad will defend generally the title to rho Property against all claims and demands, subject to say encumbrances ofrccord, THL'N SECURITY INSTRUMENT combines nnifo!m Oeretoents for national use and n o-traifotm covenants with limited variaticen b7 jmisdictinn to constitute it uaifot:w seemity instrument coveting real property. PENNSYLVANIA -6i* Paoaiy--Fano kr Mumuarn. mut/WORM etcrgllh (r Paw sent tel, 4Ooeerr Osie.... ro O�etr lac s4ammearts n3r»ec9exo+)-1 1WWPA311$ Mate 3eitipa l B(19ti2PG0918 01-30—'13 11:32 FROM—P err r. anrmnanmr T-024 P0012/0050 F-285 UNWORM COVENANTS, Borrower mud Lmder cove saot and agree is MOW: 1. Payment of Principal, Entreat, eat, £screw Items, Prepayment Charges, and Late Charges. Borrower chant pay when dne the priecipal of and interest tut, the debt evidenced by tlae Nobs and any p tpaymmt charges rad late charges dne under the Nota. Borrower ibsu oleo ply !bods for Escrow /teem imam: to Scotian 3. Payments due ander the Noto and this Security Tanta aaeat shall bc made is U.S. crosetwy. However, if at>y check or ether mah►untnt received by Londa as payment under the Note or this Security Instmmeot is returned to Lender unpaid, strider orgy togmito that any or all tabs;* int payer the tinder the Note and This Suxasity hutment be made in cite or more chin following forms, es selected by Leader; (s) cash; (b) motley order; (c) certified check, bank check, Immu d s cheek or cashier's chock, provided any such check is drawn npon an institution whose &posits 4te insured by a federal agency, instrumentality, m entity; or (d) Bicottontc Beds Tia nsfer. Payments arc deemed receival by Lender when received at the location designated in the Nolo of et such other location as'my be designated by Lender fo RCarrdmce with the notice pmvisioae in Section 15. Lender tusy return any payer or pial payment if the payer or pada payments are insufficient to bring the Loam cmrens, Leader may accept am' payer or pfd payer insuffielent to bring the Loam Laurent; without waives of any rights hereunder or prejudice to its rights to reuse such peymei of partial payments in too fotui e, but tender is not obligated to apply suc>z pays is at the time soclr pests are accepted. If each Periodic Payment is applied ea of its scheduled duo date, thea Leader sued not pay interest on reapplied funds. Londa nay hold sub reapplied finds tntg 13om0wer malza payment to being the Leant comm. also/rower does not do to within a reaamtablo period of time, Leader shall either spply such furca or teem them to Boomer. if not applied earlier, such Binds will be applied to the otltatsod eg Par -44 beds= under the Note immediately pier to !enclosure. No offset ea clairowhieb. Borrower might have now a in the Rrtnte against Lender shall relieve Borrower tic making ptymes% doe mucor the Note Ind this Security Instrument or perfounicg the connate and agtnemezds seemed by this Security Instrument. 2. Application of Payments or Proceeds. Baeept ss odctwise descaln4 In this Section 2, ell pan's soccpted and applied by Lender shall be applied in the following order of priority; (a) interest doe under the Note; (b) principal due under the Note, (c) amounts dec render Station 3. Such payments shell be applied to each Periodic Paymeart in the order in which it became dos. Airy remaining amounts shall bc applied eat to late ehuges, second to eery other amounts due under this Security Instrument, and thin to reduce the principal balsam of thc Note. If Lcadrt receives a payment fiom Borrower for a delimp eat Pedodic Paysoenz which includes a uuf fident aaoount to pay any late charge doe, the payment may bc applied to thc delinquent payment and the late dirge, If more then one Periodic payment is outstanding, Leader may apply coy payment received from Bomowcr to the repatyment of the Periodic Payments if, and to the estsnt stmt, each payment as bo paid in film To the extent that tiny excess e3iets after thc payment 19 applied to the Reid paymeret of nae or men Periodic Potatoes, such omen may be applied to any tens charges doe. Velnmtry prepayments sent be applied first to eny prepayment ehatges mut then ss deser'be d into Note. Any application of pqmonts, introanee Note shall not extend or postpone the doe date, proceeds, due under the r change the 8monay of Pthe 3, ponds far Escrow Items. llo rower shah pay to Lender on the day Periodic Payments arc due under tete Note, intuit the Note is paid in Rrll,1 sum (tin "Funds") to provide Aar payload of amounts doe for: (a) taus and assessments rind outer seems which cm attain priority over this Security Instawnemt as a tiro or eoeuznbsuce on the Property; (b) leasehold payments or ground mots on the Preperty, if Snyi (c) protalvms for layout all insurance required by ceder modes Section 5; and (d) More Insurance premiums, ifany, of any sums payable by Borrower to Lender in lieu of the payatcmt of Mortgage Insurance premiums in accordance with the provisions of Section 10. These helm arc caned %mew Items." At arigiaation or at my time during the term of the Loan, Leader may require that Community Association Does, Fees, and .4/0eSemtote,ifany,beescrowedbyBotuower,sadsuchdors,7tbeoandstseasmentsshallbeasEscrowItem. Borrower abaft promptly Amish to Lender all notices of amounts to be paid under this Section_ Borrower .12NNSYLVANIA-613415Fmui--FiedeMMlkrs6A. uravOsat Do3Int 1Nr • ParsX#11]N1 rrFAl lI nems peon--Iet+oldFPA3115 Mare of I OD06T121{ en.�t>.an pact+) rOONwM;14OP9060tYj BK 19it2PG0919 01-30-'13 11:32 FROM."___ .............. T-024 P0013/005O F-285 shill pay Lender the Arnde for Escrow Items! valets Dada waiiyp Rommel obligation b pay the Ftmds Ric any or all Bscr w hems. Lender may waive Marowa'a oblipt ore to pay to Larder Fetch for say or ail Escrow Items at cry time. Any tnoh waiver may only be is writing. In the event of Wets !HAW, BOetvwor abut pay directly, when and wizen payabb, amomtfs due far my Erearw /tens for which payment of Fuad& has been waived by Larder and, if Lender regoiaa, ehril Errniah to Lir umceipta evidencing etch payment within itch time paiod as Lender may regains Semmes obligation to metro such payments and to gwide raceipta abzf for rel pummel be deemed to be * covenant sad agreement contained in flit Security 1nsrwnent, ea the phrase covenant and agreement" is wed is Section 9. /f ED:rower is obligated to pay Bow Item directly, meow to a waiver, and Boor fails to pay die =meant doe tar an Ream fin, Lender may cx&c sc its rights under Section 9 and pay sash emote! sed Boomer than thea be obligated radar Section 9 to repay to Lender any such =carat. Lender may molt the waiver as to say ex all Pure, Item at any time by a entice given in a000idaeee with Section 15 and, opon such revocation, Hammer kill pay m Lender RE Pends, and in each amounts, that are then required under this Sertien 3. Lender may, at anytime. collect ad holdFun& 11110 mit (e) tsuiracipodi0 permit Leaadtatoapply the Funds at the time specified =der RESPA, and (b) not to exceed the rnaxiraum amount a lender on require under RESPA. Leader tdtall estimate rho amount of Funds due on the Isar of =ant dam sed reasonable estimates of c q eadfAttes of frame Escrow Ite s err otherwise in accordance with Applicable Law. The Po nda shall be held in en instituting whose dogor$s tet inautod by a federal agency, iantromortalfty. or (sadly (including L if Lender is at institution whose deposits ere so lamed) or in any poised H®e Loan Beni. Lender shall apply the Panda to pry dee Escrow Items no lata than the time specified ender RESPA. Lend= shall not chugs Borrower for bolding and applying the Fonds, sadly utvplymeg the eet:ow mammy or verifying the Escrow Items, Wm Lender pay* Bouawa interest on the FtoAcit end Applltable Lew permits Lender to stake such a dirge. finless an agreement is made in writing or Applicable Law requites interest to be paid on the Pends, lender shall not be rammed to pay Boavwa any interest or caning RI the Ponds. Borrower and Lender can ag=e, in writing bpwever, that interest dull be paid vo the Pasch. Leader shall give to Harrower, without chap, at annual accounting of the Ponds as aoemfred by RBSPA. If them is a ampina of Fcods held in escrow, as defused trader RESPA, Lender stall =amt to 13onower for aha excess funds in =cadence with RESPA. If there It a shortage Of Freda held is escrow, as defined under RESPA, Leader chap notify Batrowa as required by RESPA, ettd Borrower shall pay to Lends the sennet necessary to make up the shortage in accordance with RESPA, but in no more that 12 monthly payments. If there is a deficiency of Funk held in escrow, as defmal under RBSPA, Lender shall notify Borrower se requited by RESPA, and Boaower,ball pay to Lender the =Pint ueceseary to mate all the deficiency in atoordance with RBSPA, but inn* more than 12 monthlypaymente, Upon payment in.fari 01-41 Sums seemed by this Security Instnnnent, Lanka- shall ptorttpely retinal to Banower any Punts held by Lender. 4. Chines. . Liana. Borrowerfm Shall pay all tares, assessments, charges, c, sad impositions attnbumbio to the Property which can attain priority over this Security Instrument, loeuho1d payments or ground rats ore the Property, if any, and Comity Association Does, Fees, and A eine nen i, if toy. To the Meet that limas items aro Escrow Ite7o, Borrower skill pay theme in the tnsaaetpnovided in Sections. Borrower shall promptly discharge any lien which bas grimily over this Security Instrument valaat Boo (a) agrees in wetting to the payment of the obligat ou seemed by the ties in a meeaet acceptable to Lender, bed only so long es Borrower is perfo®ng such agrcenreat; (b) contests the lien in good faith by, of defends against enforcement of the lien in, legal pto0eediuga which in Leader's opinion operate en prevent the enforrxtneat of the Ian wink those proceedings arc pending. but only unity aunts proceedings are concluded; or (c) aecures from the bolder of the lien en ag cement mtiafactcay to Lender subordinating the lira to this Security Instrument if Leahy determines that any part of the Property ie subject to a lien which an attain priority over this Security hummers; Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is gives , BOtrotves shell satisfy the lith or tale one or mom of the acnealS set forth above is this Section 4. mereee LVANI, ..—tilaelc Fxmly—F.mmte MaaFrtaal. we UNLFUFM mummer Varna 3G3l V L .OWtraezreoeaamei- MFPA3116 O's Sgfl4psgg1 TocovCat tia000e 6776 BK 1942PG0920 01-30-'13 11:32 FROM .................... T-024 P0014/0050 F-285 1. Dada may maim Bcantwa to pry a mte.thm cherge fora real Moe Ors verification and/or teportiog Naha mod by Leader in ocsaeotdca whir this Lola • 5, Pawerty InsmalRa. &mneme tthzrli ktgr the betetWeinCea tideV ac*tire or hereatda erected co then Property snared *Oast loss by fix, lowed* hxbded vitbia the teras-eafmded mveaga,» and any cairn beards incbrdi g,artmtEmfodter,wathquabosandfloods,BrwhichIAnderrapine lamina. •striaimams e MO be mintaiaed in the amotmnt (Wading deductible bvela) and ix Ede periods thee* Lana minis. What Lwdlr Mid= amount to tiro preoodlns sera:eoen an cLaapo dtrtiag the tam of the Loam. Tbo maurwtce et¢ria prwndeog the iostmamee shall be dawn by Beaoaror **jest to Lender's tight to dittppcave Besrotnz's chalet Ns Loss tr )shall a mmeuamrbly. Londa may rtgtmre Harrower b ply, in ooaaectlon with camiros &age for flood mu &—iim, cartificarima mad testing eecvi em; at (b) a mod= shags the flood amu dotertairartira taut certilicstirot rasion and adootiorot dyers ash tion cean whit rossonably ad& atkot such dotamranion a mediation, Boarower shall also bc b manay km ma anasestion the review ofsr/ flood mac desmrdmamsresulting from anobfeCff abyBim. IfBotsowcr.idla to radatin any oft& coverages dent rbed above, Lander nder easy obnie immance menage, at Lender's option sad Borrower's ammo. Lender is under no obligation to purchase sv particular typo a anus t of nova. Therefore, such oaveags shall cora Lends, but might or might not protect Ho,ameer, Botrower'e Nutt ser ten Pavpc ty, or the centrals all& Property, spina my risk hared a liability and might provide gnaws or lesser eovengo than was previewly is effect. Borrower acknowledges mired tine east of rhe insurance °avenge m obtained es gra eigntficaniy exceed tiro east o#' ixa ante that Borrower rould have obtained. Any amoctats dsboreed by Lender under this Sectio S shall become additleaal debt of Balmer aerated by this Security Instrument. These amounts shad bear icserest at the Note ate from the dm of diabtnernrct and shall be payable, with each intaeat. ago notice from Leader m Borrower regoepiop pays All insurance policies required by Lender sad renewals of such policies hall be subject to Leader's right to diatppzove each polieiea, shall include a standard mortgage clause, and shall name Leader as mortgagee tWd/or ere am additiosiet ioas pme. Lender (hell km the tight to hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to Leader all receipts of paid pages and renewal notices. If Batavia obtains any foam of insurance coverage, not otherwise requited by Leaks, fa damage to, or deetmctloe o1: to Property, such policy *hall include a standard morttage clause and ahaA name Lander as mengagce and/or u an additional loss payee. In the event of loss, Borrower shall give prompt stotice to the imutarca carticr and Leads. Leach may make proof of loss if not made promptly by Borrower. Unless Under and Borrower otherwise ago in writing, ¢uy insurance proceeds, Welsh# or 2101 the tmtkaiyiog insurance Was required by Lender, shall be applied to restoration of repair of the Property, if the restoration or repair is eeaooamicaity fa+ssble and Lender's security is not hemmed During each repair and xeateretjeat period, Lender slmfl bone the right to hold such insurance proceeds until Leader hers bed an oppvrtvaity to inspect ouch Property to cameo the wait Ups been completed to Lender's uatisfactiom, provided that arch inspection shah be u ndertakoa promptly. Lender may disburse proceeds for the repairs and re3torado in a single payment or in a stoics of magmas payments or the work 1* completed. Unless an ogrtancnt i3 made is westing err Applicable Law requires interest to be paid on each ntnmx e p o Peds, Lender Shall not be regauod to pay Bonowe c deny interest or ea:aingt on eeehproceeda. Fees for public adjustae, of other third parties, ret tied by Beam a nhalt nes be paid out of the insurance proceeds and ehtil be the solo obligation of Borrower. Utile restotatioa oe repair 1s not economically feasible of Lender's seclnity would be learned, the insurance proceeds shall be applied to the suns scoured by this Scauity inatrameat, whether or not thea due, with the caress, if any, paid os Borrower. Such insuanee praceeda shall be applied in the ander provided for in Suction 2. If hamowcr abandons tiro Progeny, eny, I, ender ray file, negotiate and acute say available 1:dur nce claim and related ranter& ffBorrower does not respond wi hit 30 days to a notice from Lender that the hsmanee carrier has offered to setae a e l.me, then Lender may negotiate and rank the class The 30 -day period win begin when the aotico is give In either event' er if I ruler acquires the Property under Soctioa 22 or PeQNSYFVMtLi -8Ms1c Farah—Yaaak M.r/Pa id(a Mat vNE170RM Jz si imtxxr Para MY NI Immo:us eco p-$ uhtFPA3115 (Pgrr 6 QM pages) nmto Sig 1942PG0921 01-30-'13 11:33 FROM 1-024 P0015/0050 F-285 othoreise, Boom= hereby amigo to Loader (a) Btmowt* rigida to lag' faew terto Woods to an amvcmt not to exceed the mums oupsid under the Note at this Security Inttrmae r, and (b) Any other of Borrower's right* (other them the if5ht to say tnflmd of unplenal oath= paid by Bcaewer) amid all Inttramoo policies covering the Property. hada ea aoch tights arc applicable to the memo of tine PrvpRrty. Lerida may use the inormsnca proceeds either to repair our macro tbo Ptvpsrly err m pry amennb =paid =ales the Note or this Seatalybotto :a, whether or not dam dao. 6. Occupancy. Boavwcr shah occupy. establish, and ase the Property a Bonowet's prig oaf atidenco wllda 60 days attar tha r r pardon of thil Security barmen: and shall condone to oocupy the Property as Beau pet's principal renidence for at kit one yeti after tho date of occ piracy, Tmleas Lender otharwiea agrees in writing, wbfeh ooasont shall not bo nonou onably waheld, or talar ciromatutoets raise wbich arc beyond Earmwer's control 7. Preservation, Mtdetennoe and Peetsction of the Property; Impatiens. Borrows shall not de tray, damage or impair the Property, allow the Property to dotedocate oc commit waste on the Property. Whether or not Borrower is rodding fetus Property, Be agwer ahiII malnlain the Property to order to prevent " the R,.pergr from deteriotatiag or damming in value doo to its condition. thins it is detemthrod pursuant to Section 5 that spear err reatotatimt is not emncadaatly feasible, Boaawer shalt promptly repair the Property • If damaged to avoid far@u r deterioration or dotage. If 0taamct or 000demmatton peocooda am paid in oonnecdan with dosage to, or the taking of,, the property, Borrower sheat be rrapandbk for seydring or restoring the Property only if Larder his released proceeds for ouch peuposor. Lender may distant mamas for the reprint and restoration is a ample payment cc as a sezjee of progress Minuets as the work is completed. If the insurance ea• coadcwdaa proceeds ate not sufflcient to repeat or restore the Property, Baaowar is not ralloyed of Maumee ob$gatian fordo completion of arch repair orrettmetiod. Larder or its egad may stake resemble msec upon and impaction: of the Property. If it has rearanable cause, Iande' may inspect the interior or the improvement an the Property. Lender shall give Boavwa notice at the time of or prior to vett an Warier inspection specifying cosh reasonable amen & BC/MITT: Lau Apptte,don. Borrower shat* be in default lf, during the Loan applies ion process, Borrower or any paeans or citifies acting et the direction of Bontowrx or with Borrower's knowledge or coos= gave materially false, misleading, or inaccurate information or automats to Leader (or furled to provide Lcn&r'with mrbai*l Infodo tion) in cametioa with the Lola. Montan* representations include, but are nor limited to, represeatatire* cone ming *women occupancy of the Property as Betroyeee principal residence. • 9. Protection of 1.seder's lnterMt b the Property and Rights Under thi. Security [ma®ent. If (Ottumwa fla to perform the covenants end *gra-meats ontsinal in this Security Instrument, (b) there is a legal proceeding that might eignifcandy affect Landale interest in the l'ropaty and/or rigbta ander this Security Instrument (each as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for cnforcemrau of a lien which may drain priority over this Security Zn tzun at or to tuforee laws or regulations), or (c) Borrower ?ma abandoned the Property, then Lender rosy do and pay for whatever is reasonable or appropriate to protect Lender's interest is the Pmpcdy and right Hader this Security Instn>mcar, including protecting and/ar assessing the value of the Property, and scouring and/or repairing the Propeetny. larder's aetoAs can inchuk, but are not limited to; (a) paying any sums secured by a lien which has priority over this Security la trument (b) appearing in coni and (c) paying reasonable =mere fees to !:react it interest in the Property and/or rights under this Security latfwnoat, iaeladiag its sawed position in > tenktupity proceeding. Securing the Property includes, but is not limited to, eakring the Property to make repairs, th..rge locks, replan ar board up doom anal windows, dart water from pipes, eliminate building or other code violations or dangerous conditions, and have uta irks turned on or oft. Although Lender may tike action under this Sootion 9, Larder does not have to do so and is not =la any duty or obligation to do so. It is agreed that Lender intoesao liability for not taking say or all actions authorized under this Section 9. PEEMTYLVAttIA—SiagtoFcoaly—FieeteMe/Weddle Ma; IJNIFORMThngutaItT Peas XIS 1/19 momumulf-Nfke anva115 (Per TooQ KccL Ew146Dot$417e 8K 1942PG0922 01-30—'13 11:33 FBO1—J T-024 P0016/0050 F-285 Any amounts disbursed by Leader under this Section9 doll become addigon:l debt of Borrower xcmod by tar Security Int nInalat, nese =ands shall beat idotett at the Note nee from the date of disburse>nenr and shalt be peyabit, with such inttzoet, i i engin Sem Larder to Borrower mutating payee ret If this Security Ina me it is on a kalobold, Borrower gall comply Md a31 the pmviaims of the loose. TtDoaowa& aegthr n tee tide to the Property, the leasehold and the fee tide shall we merge unless Lender agrees to the merger$nwritiug. sea llfertpge Insurin,ce. If Lender re iniad Mortgage Inarmrioe as a condition ofpsakiag aha Lasa, Barrowec shell pay the prernimm required to mabhin Me Mortgage iasurmoe in (Sbct. If, for anY Mon; the Mortgage Two= coverage required by Lender CoMee to be available from the ueurtgage fanner that previo®!y'omidod ouch fnsamaee and lormwer was required to Make sepromely designated payments toward the premiums for Mortgage insurance, Batr+owcr shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Imitttmz previously in offal, at n cost substantially egmralmt to the coat m Beevowcr of the Mortgage Inearance previously in effect, from an tams= mortgage inamrr ocleetcd by Lender. If substantially tquivilent Me/rtgege insuraaca coverage is not avelable, Borrower eball continue to pay to Lender the amount of the separately designated payments that were due when the Mamaace corexege ceased to be in effect. Lender wit) accept. use and mean these paymrnm as a ran rchmdable kss reserve in lieu of Mortgage Imuumcc. Such Ione reserve shall be nou. cfrndbt aotwithattnding the fact that the Loan is ultimately paid in fa, and Lender obeli not be required to pay Borrower arty interest of earnings on such Imo reserve. Lender can m longer retinue Ione reserve payments if Mortgage Insurance coverage (in the eatount and ibr the period tient Leander requires) govided by an insurer selected by Lender again becomes evadable, is obtained, and Leader requires separately designated ply toward the premiums for Mortgage Insurance. If Lender required Mortgage Inswamee as a condition of making the Loan and Borrow& was requhed to make separately do lgntted payments toward the premiums for Mortgage !wsurtnte, Bonogier shat pay the prbmittms required to rotuatds Mortgages Igsxwnce fit rffcct, of to provide a aoa-refmidable loss name, mthly Lender'sreqairrannt for Mortgage Tnaaranee ends in ecewdante with any written agreement between Boaower and Lynda uv dhoti far rocbtr.rnh,4etan or unbl termination is repined by Applicable Law. Nothing in thus Section 10 affects Borrower's obligation to pay interest at the rate provided in tt» Nota. Mortgage Insurance reimb rsea Lender (or any entity that purchases the Note) for certain Iossta it may iotas ifBorrower does not repay the Lora ae agrmod. Borrower is nota party to the Mortgage Insurance, Mortgage iamera evaluate their totals rid on all such, i.oniraoce is derma fxodo tierce to time. and tray eater into agro®eats with other patios that phut or modify their asst, nen:duce Iowa. Thee egreeraema are as demo sod =dinette that are satisfaet ay to the mortgage Tamer and the other party (or pattica) to these 'comm sera. Thou agreements may require the mortgage insurer to molt psymema using any swine of fonds that the mortgage insure r may have available (which may Melnik fields obtained from Mortgage l prcosiums), Aa a result of these agreamenta, Lender, arty purchaser of dao Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (diemetly or indimctly) amounts that derive from (or rnSgbt bo cd ac) a portion of Borrower's payments for Mortgage; insurance, in =bongo for &wing cr mcdifYing the mortgage insurer's rink, err reducing lnaaes. Hooch agreement provides that an affiliate of Lender takes a strum of the ins rer'e risk in manage for a share of the premiums paid to the itt3ates, tee atratigetoent it o&n termed "captive =Mammon" Prather (a) Any such agreements will not meet the amounts that Borrower has agreed to pry for Mortpga Irrvranee, or any other terms of the Loan. Such agretroonto vrIli not Increase the amoemt Borrower will our for Mortgage Idstcrante, and they will not entilk Borrower to any rtdand. (b) Any curb agreements will not affect the rights Borrower hm-1f any respect to the Mortgage Inaurstnes under the E mcornsetn Protection Act of 19911 or any other kw. There r5 bts may include the right to receive certain dlydoseuta, to request and obtain cancellation of the Mortgage pm mane, to bave the Mortgage Insurance termlmttd antomafk2Uy, and/or to reer1ve a refund of any Mortgage Insaraace protiums that were une>aned at the time gaud eaaet ll,* or termination. t�YtiNSYLVAMA-8khrieForilp—FeankstauVndd1eMac UNWORN DaTni►.fENrc Form 303sPEI 11617ee)-aMFPA�115 (Pageaolupogr) 'morocco;1` a.eFwre�e•+eoc AK E g1s2Pf,0923 01-30-'13 11:34 FROM - T -024 P001?/0050 F-285 11. Aatalpumtct of Mbmtl,mtous Precasdz Forfeiture. All Miaallaaeot2 Pfttmeda are beteby assigned to and Alan be paid to Loader. J the Property is dturnged, such lacellaneons Proceeds OW be applied to rearmost of repair of rho Property, if the restoration orrcptir is conte osicalty treble and Lender's security II net icsaaocd. D®cg such repair and restoration period, Lender shall lava the right to bold awebMiscdhmtasa Proceeds mita Lender has, lad to opportunity to inspect such Property to mane the viork baa been completed to Leader's satisfaction, provided tet such iotpeeaon stall be undertaken promptly. Leader may pay for the repairs and restoration m ■ aiagle disbursement or in *series ofprogtese payments as the work h =Plated- Unless to aIItoamrt is made in writing of Applicable Law Requires Merest to be paid on such Maooilaeeoue Proceeds, Leudet stall not be rogaiherd to ply Bortmvem any interest or comings on eta Miecellancons Proceeds. If tae reataaadon orrepair is not econotnica1y tbtsablc m LerlQrt's security would be lesseascd, tate Miscellaneous Proceeds chili be applied to the sums secured by this Security Iastiurpeot, whether or not then due, with theameet. if arty, paid to 801towir. Such miscellaneous Pmoeeds shall be applied intim order provided fain Sectio 2. fn hue event of a total taking, desttpotion, or loss in value of the Property, the MisctDaocoon Pmoceeds shall bo applied to the stems stored by this Security laet:mnmt, whether or pot then due, alar the exceso, if any, paid toBorrowrz. In the event of a partial taking, doitntetiOn. or Iona in value of the Property in which the fair Market value of the Property i mediataiy before the ptatid taking. destruction, a loss in value is equal to or greater than the amount of the sums mond by tbis Security Intimated immediately before the partial taking, deem -Ilan, or loss in value, unless Borrower Brad Lesldor otherwise agree int writtog, too mane secured by this Soastxty Instrument shall be reduced by the amount of the lcaseellsocorts Proceeds plied by the following fraction: (a) the total antozmt of the stens amend introadiakly before the putiai tatiag, destruction, or loss in vane divided by (b) the kir r4srker vaiae of tae Property immrdintrly before the partial taking, d¢stole:don, or lose in value. Anybahnce shall be paid to Boamwer. In the event of a partial taking, destruction, or loss in vane of the Property in which the ilk market vahmo of the Propotty immediately before to partial taking, destruction, or loos in value is km tbm the aorouat of the gums secured immediately before the partial taking, dr traction, or loss in value, unless Borrower and Lewder otherwise agree in writing, rhos Miaceltaneens Pmeoeds shah be applied to the sums secteelbythis Security Instrument whether ornot the sums are then due. If the Property is aban paned by Borten; or i1 aur notice by Lender to Borrower tint the Opposing Patty (as de toed in the nroct sentence) offers to make an award to tactit a claim for damages, Bonen er Aaig to respaad to Lender within 30 days alter the due the notice is given, Izoderia authorized to collect sad apply the Miscellaneous Proceeds either to restoration or repair of the Property a lo the Rum seemed by this Sorority iastroreeat, Whether or not then due. "Opposing Patty" Plea= the dud party that own Borrower Miscelaneona Proceeds a the party against wbomBourn= has atight ofaction inttgacdtohfineenaaoeua?mco ch. Bonuwm shall be in default if ersy action orp:weeding, wbether civil orttitaimtl, is ben dant, ial.a &s Win, could remit in forfeihne of the Property or other material impahmon of Lender's ureal dt in tett Pinp.,ty or right, ander this Security last msnt. Borrower can dare such a defontt and, if actrictstion has occuacd, tem as provided in Section 19, by capsize the action or proceeding to be dismissed with a puling that, is Len's judgmrat, vnecludes forlitioae of the Property or oma mtml impairment of Lendet's interest in the Property or rights trader this Security Instrument The proceeds of any tweed cur charm fir damages that are sfltrburtable to the impairment ofLestder's irmerestintheProperty are herebyassigned end shall bepaid to Leader. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Suction 2. 12. Borrower Not B.eleaaedt Forbearance By Lender Not a Walter. p, nsi n of the time for paymrat or modification of amortization of the sums secured by this Security Inshmacnt granted by Leader to Borrower of any Successor in hue= of Borrower shall not operate to telease the liability of Borrower oc any Succasamt in interest of Borrower- Lender shall not be required to commence proceedings against arty Successor io Interest of Demmer r or to tense to =rood time for payment or otherwise modify amotttradan IMINSVINANIA-SiogiaPs®la—PannleMaeirredaMitUNIF'ORMINSTRUMENT Pm,o30391ot ttEu279210011-3EaaMFPAS116 (PesvPgfr4Pote4 HK 1942 PG 09214 10 raoo-aesal; 01-30-'13 11:34 FROM• - - T-024 P0018/0050 F-285 dee soma secured by this Security Instrument by tome of any demand made by the original Borrower ere uny Successors ii Imam of Bottom Any tbabauroace by Lender in exenoitiag any d bt or y including, without Iimitatioa, Le ndts's awe of payments nom third meows ows tansies or Si ccessote in booms of Boaowa or in amounts lose than the amount then, dim, shall not be a waiver of or preclude the ertorciso of 4Fy tiglit orremrady. I3 Jobst and Several Liability; Co-signers; Sveee.wn and Assigns Bound. Borrower coverromte and ogress that Bc rowfeet obligations tad liability shell be joint and seven& Boma. any Borrower who co-signs this Security Inaheuntrd but does not execute the Note (a "co-signer"} (a) is co.atious dib scan* histroment only to m 8tg c, grant and convoy tho co.cfgn r'a interest in the Property under the terms of this Seeuutify Ineturmcat; (b) is not paaonally obligated to pay the awry armed by this Security Inat omenta and (c) agrees that Lender and any other Borrower can *gm to extend, rtaodity, fothoar of teaks any accommodations with tegatd to the tents of thio Security Insbmmeat or the Note without the so -signet's consent Sobj%t to stns provisions of Section I8, any Sacecasorin Interest of Borrower who sesames m Banames obligations under tiffs 3ocucity Insnuarem in writing, and is approved by Lender, shill obtain all of BOsrower'a rights and bmcfita under this Security IasUuaneat Borrower slain not be mleased from Borrower's obilgatiors and liability oda this Security Inntmtmem sinless Lender tares to each mase is wtifhog. The covenants and tweet iesft of this Sacrrity lnanumeat than bind (except as Mailed In Section 20) 4Rd Wont the socacaaom and asaimis of Lander. 14, Loan charges, Tender may cbitr c Borrower far for saviors pafanned in counection with Bccrower'e default, for the purpose of protecting Larder's interest in the Poverty and iighta under this Security Lpstramcnt, inhering, bet not limited to, attameya' feed, property inspection and seluation fees. In itgard b any other fees, tbo abscase of express authority it this Security Inatrmnmt to charge a specific fee to Borrower shalt not be conshued as a prohibition an the charging of such fee. Lender may trot charge fees that etc atprasalyirobthited by thin S rity Loa umann or byApplicable Law. If the Loan is subject to a law which seta maximum loan chaps, and disarm u finally fatexpacted so that the interest or otha ban charger collected or to be colluded in carnation with the Loan eoeaad the permitted limits, thea (a) any such loan charge shill bo tedimad by the moot neeesaary to reduce the charge to the permitted limit; and (b) any suras already collected from Borrower which exceeded permitted limits will be iefimded to Borrower. Lender rosy choose to make thia mend by reducing the principal owcd under the Nate or by mating a direct payment to Borrower. If a refract reduces pais al, the reduction wr71 Ix treated ad a partial ptepayrnettt without trey prepaymct charge (whether or not a prepayment charge is provyded for tinder the Nate). n wee accepagsee of any soh refund made by direct payment to Burrower will cottattnte a waiver of any right of tetioa Borrower might hoc arising out of such overcharge. 15. Minces. All mbar given by Barmwa or Laala in connection with this Security Instrument must be in writing. Any notittto&cowerino mnectioawishthisSecurityInstmmeataballbcAccordtoImoboongiven to Bamwa when maned by fast dear mail or when actually delivered t0 Borrowed notice addtCss if seat by other means. Notios» aoy+ono Bowe: than constitute notice to all Barrow= =law Applicable Law eprmnty rewires otherwise. The entice address shall be the Property Address unites Baaower bas designated a substitute notice add= by notice to Leech. Borrower shall prampdy notify Leader of Bonowds change of address. If Leader specifics apmcodae for reporting Borrower's charge ofaddcms, then Beaawezalhalloolyreepottachange of address through that specified pro :dare. There shay be only oat deaigeated nuke address coder this Security Iastrvmmtatsaytoetauc.AnynotieetoLendershallbegmnbydehvamsrtorbymarli grtbyfaatchgemarl t0 Lender's Wawa stated bade unless Leader hes designatsdauotber Status by notice to Bocwwer. Any Mike in cam with thio Security Instramax shall not bo deemed to have beat given to Lader until echrally rocrivedby Under- YAW not* required by OAS Sce pity Imavment ie also rendre/1 underApplicahle law, the Applicable Law rbgsnattrent will satisfy tbt corresponding regcut:mat undsr this 5eatrityInstrnmmL 16. Gaining Las; Severn1 1Ny, kbits of Conetnnttton. This Sedudtylnsheunmt abet(be governed by fedi al law and the law Of the jurisdiction in which the Property is located. All tights sod obligations ?X*NS V'AVIA—SlavjeFentny—PaneLMU/Fratdte?dieUPn901224 ntSigilMita FOCANM Val nu atom psoo-$a1 FPA3115 Mare p m) to°tw attaeO ai mrs 111912PG0925 01-30-'13 11:35 FROM -1 T-024 P0019/0050 F-285 .. ... • .ser.,w. a t. . '• .......... r.....:. . ootimined in this Security Inscoment are subject to any requirements and lir/intim of Applicable Irv. Applicable law might expbcidy ex implicitly allow the patties to agree by contract or f<ucgest be sines, but such sfi ace skull no be constmed u a pioblitioa egataet agnstemee t by =treat In Ise aching that any provision ort dime of tbia Security Instrument or the Note conflicts with Applicable Law, such conflict aha1l not affect other provndona of this Security Imtsmiettt or the Note which tae bo givers effect without the =Weft poviaimt. As used is this Security Inst (e) words of tbo nnsculine gender shall them and include coireepooling neuter words or wards /lithe feroiaire gender; (b) words in the singular nball oxen and include the plural and vice versa; end (c) the word "may" gives nota dmcntien without say obligttien to tabs any action. 17: Borrower's Copy. Borrower shall be given nee copy of the No and of this Security hath mrrat. LS. Trander of the Property or a BeneMdal Interest la Borrower, An used in thin Seedart 18, "interest to the Property" means any legal ea beneficial interest in the Property, including, but not limited to, ,fax beoe&aal imams transferred in a booed for deed, contract far deed, installment tries tartrate or escrow ageesmtn2, the intrmt of which, is the t»ms:for of tide by BOUowa eta future date to a pttmhsser, Xtall or Bayport of the Property or say Tnteteatinthe Property is sold err ttaastFaed(or ifBaruwer is not a natural paman and a beneficial iulatat in Borrower is sold of trmasfeued) without Lender's prior written fit, Lender may require immediate payment in fall of all same awned by this Security Iintnment. However, this option shall Dot be Muted by Leader Conch exercise is prohibited try Applicable Taw. If Lender exercises this option, Lender shall give BoarotYer notice of acceleration. The notice shall provide n period of not Icon than 30 days from the date the notice is given in accordance with Section 15 *within which Borrower nag pay all sums secured by this Security Instruneet IXBexxowe r fails to pay these aurin prior to the espitatia of this period, Ionia any iavoit esy =am przasitted by thio Security Instrument without further maim or d®md on Borrower. 19, Borrower's Right to Rsioatate .Atter Aectlerstioxr. If Botxowar Mats conk conditions, Houma shall have the right to have enforcement of this Security Imtnnnont etiaeantineed at any time prior to the eazlieat oh (a) five days before sale of the Property puma= to any power of sale contained in this Severity Instrument (b)suchothtxVeda asApplicable TeatMight epbd1 for the letMhistlonofBotrowtt right to reinstate; or (c) may of a judgment enforcing thin Security Iartrumant Thom conditions ate that Bogowe r: (a) pays Lender all sums which Men would be duo under this Security Iastmmezd and the Note as if no acceleration had mooned; (b) saes nay default of any other cavta®ta or agreements; (c) pays all cepa/sea incurred in caroming this Security Instmene t; including, but not limited tq nameable attorneys' fees, property impectico. awi valuation foes, end other fres Moored for the pnapoee of protecting Lender's interest in the Property and rights tmda thio Security Instrument; arid (d) tails aures action as Lender may rem etartly require to assure that I.eades'a interest in the Pcwperty and rights under tbia Secznity Instrument, nod Borrower's obligation to pay dm sums secured by thia Scarcity lastrommt, shell minima =hanged. Lendermay rcgmse that Hemmer pay net reinstatement t sums and expanses in one or more of the following forms, as selected by Lcade$: (a) mak (b) money order (e) certified dLecic, bank check, t eessucr'a check or caobier's check, provided any such truck is dawn upon an institution whose deposits are famed by a federal agency, instrumentality or entity; or (d) Ltleetrottic Fuado Transfer. Upon rebrbi4mentby Borrower, thin Security instrument and obligation soured hereby shall twin fully effective as if no etceicration bad oavrlad. Elowever, Ibis xfgbt to reinstate shall not apply in the cane of acceleration under Section 18. 20. Sale cd Note; Change of Loan Servicer; Notice of Grievance. The Nolo or a pawl intnteat in the Note (together with this Security Inatrataont) can be sold erns or wore tunes without prior ootfcc to Boaower. A sale tight result in a change in the entity (known as the "Lem Service's that colleen Pa odic Payments due undo the Note sad this Security Instmmeht wad perfntma other mortgage loon smiting obligations tw4tt the Note, this Serenity Instrument, and Applicable Law. There also might be one or marc changes of the Loam Servicer mmdatnd to a sale of the Note. If that is n changes of the Loan Servicer, 13ortowcr will be given written notice dem change which will state the saran and eddtese of the new Lem serviecs, the address to which paymcnta should be made end any other intim =SPA requires in oenaottion with 1 notice of transfer ofaavicimg. If file Note is sold and thereafter the Icon is serviced by a ratRtsu YANUI--emeto rmmly—Fxa»!e M+dprsdcSo MR UNIFORM mEITRUM*NT Porn ran cat nr�e22M.It ictraHmooMFFA3115 (Pegerlofllpood tigra4=75 BK 1942PG0926 01-30-'13 11:35 FROM -7 T-024 P0020/0050 F-285 Loan Streieer other than the purchaser of the Note, the mortgage bun servicing obligations to Borrower will rennin with tba Loan S v ca or bo trwdstred to a successor Loan Services and are not aasmned by the Note purchaser unless otherwieegmvidcdbythe Note purchaser. Neither Boaowcr ear Lender may comaatnco, join, or be joir{od to my judicial Who (es cithdr ao individual litigant or die member of class) that arises from the other patty's txt{orta puentsnt to this Security Ttstrymrlt or that alleges that the other pasty bus breached sty provision of, or any Baty owed by lesson of ti>is &verity lnstramaot, until such Borrower or Leader has notified the offer party (with ouch notice given m eochpiiaxt with the requirements of Section 15) of such alleged breach and afforded the other party hada a reasonable patiod :eller the giving of eoch notice to take oonedive ectiott. If Applloablo Law provides a lime period whirl, taunt elapse before certain action can be taloa, that time period will be daaoed to be amenable. for penposcs of this paragraph 'rhe Notice of acceleration and opportunity to ants given to Borrower purmant to Section 22 aid tate notice of acoeic atian given to Borrower puraoant 10 Section 18 shag be deemed to satisfy tha notice and apprImity to tate corrective actioagwi::ions of this Section 20. 2L Saxardoua Snbatancea...As used in this Section 21: (a) `Hatankma Subpanets" are those substances delood as tonic or hiztrdoos subttnnces. pollutants. or wastes by Environmezug Law and the following snbetmeoi: gasoline. kerosene, otbnt ilazaooable or toxic petroleum products, toxic pesticides and herbicides, van* solvents, materials oaetaining asbestos ea formaldehyde, and radioactive materials; (b) "Bnviro>mrata1 Law" mems federal laws and Iowa of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any tcspccso action, remedial action, or rotmoval action, as defined in Environmental Law; and (d) an "P a irnementtl Condition" » deans a condition that can cause, cautr beta 1e, or otherwise trigger an Buvir®mtnl Cleanup. Borrower shall not canoe or permit the prosence, use, disproof., strange, or release of tiny Hazard= Substances, or threaten to reteaae any Hamadom Suhausntea, an or in the Property. Borrower shall not do, nor allow anyone else to do, anything 'fretting the Propetty (a) that is la violation of my Envavmmttlal Law, (b) which encs an Environmental Condition, or (c) which. tine to the prance, use, or release of a Hazardous Substance, mama a condition that edvtrtely streets the value of the Properly. The preceding two scanaecs shalt not apply to the presence, use, or trtorage oa cite Property of small g isatitiec of Hazardous Sbhatamoca that are generally sceognized to be appropriate to normal residential Ines and to maintenance of suer Property (inel"eY,ng, but not Emiled to,1anrdous substltneos ineoosumer products). Borrower shall promptly giro reader written notices of (a) say favostigatiorv, claim, demand, lawsuit a other action by my govtnnnemal or :egulstory agency or private party involving the Propetty and say Htzardals Substance or Environmental Law of which Bomower has actual Ynowledge, (b) any fiuvumomental Condition, including but not limited, to, any spilling, haling, discharge, mime or anon of release of Hazardous Substance and (c) any condition caused bythe Hazardoss Substance which adversely affects the vdne of deo e' ahs, c s notified of a Y Y, if Borrower learns, Or Io trotifitxl try any go sal or regulatory authority, a any lam pry, that any removal or other remediation of any Hazardous Substance affecting the Property is neaiaary, Borrower slatl promptly take all moony remedial actions in seomdance with /2ovironmental Law. Nothing hccem shall create any obligation on Leader for an Environmental Clea to". NON-UNIFORM COVENANTS. Borrower and Lader further covenant and agraa as follows: 22. Acceleration; Remedies Leader shall gtvt notice to Borrower prior to acceleration following Borrower's broach of any covenant or Itgtcement tat fide Security lortrument (but not prior to acederatlou under Section 18 unless Appllsbk Law proridea othrrtriee)_ Lader asp 1Jotf()• Borrower of, amamg other things: (a) the default (b) the action rrgofred to care the default•, (c)'then the dt&nl! mast be cured; and (d) that Wore to cue the default as apedlled may result in me amain of the aura smrad by tthls t>eeafrltyInstruMent, forcdosare by 1adlcial procoeding and sale of the Property. Lender shelf farther inform Borrower of the right to rdeatataa atter acceleration and the right to assert In the foreclosure proceeding aha ions4edgenes of a default or any. other &fent of Borrower to amelereflon sod foredooms. If the default 11 sot clued as specified, Lender at its option may recputrc i®adlata payment L fan of all sum] secured by this Security Instrument without PlEtatunvarnk -sender flm7y-3haak MaNrhsddne Maui s012 4 TNSTRUMInfr lama 310 ten losoVohusotf O-wooMFPA311fi (Pagsl2of14Ma) lbchdrwt'1aoo arta BK 191+2PG0927 01-30—'13 11:36 FROM T-024 P0021/0050 F-285 farther demand tend wry foritdosit Ws Security Instrument by judicial preceedthy Ltedra ebelt be tatlt ed to collect all expenses barred In pazini t¢ the randies melded In this Section 22, bad , bat not limited to, ottUci tya' feu and costa of title evidence to to aodcatpeawkies by Appffe*bie Law 22. Release. Upon payment of all sans seemed by this Security Inaaomeaq this Soowaity Inetnament sold the c tato conveyed oball tiviahmte and boar= void. After :mob occurrence, £.calor shall diaehwge end scurfy this Security Instrument. Borrower shall ply toot records/ices cotta. Lacdarnay thane Barmwera fat for releasing Ibis Seearity Instru nen, but only if the fcc is paid to a third patty for cervices rawdemd and the charging antic &a i3 permitted under Applicable Law. 24. Waives. Sorrows, s, to the ecGcat peamtoed by Applicable Law. waives cad releases emy error or Meet; in proccediaga to enface this Sesmity Instrument. and hereby waives the boeht of any present or future lawn providing for stay of execution, extension oftima exett>ption from vy attachment, leumd sale, and �mu 25. Tidnataicaut tt retied. Batrowets limo to Menace provided in Section 19 shall extend to one bei prier to the commencement of bidding ata ehcxilf salt or other ale pounced to this Security batman. 26. Pardue Honey Mortgage. If any of the debt secured by this Security tostnmeut is lest to Dormer =Rake tide to theproptxty, this Security Instnzmert shall be *purchase money mortgage. . 27. Itntcrert ]Rata Atter Judgment. Boudtver agrees that the intent tato made after a judgment is amazed on the Note or in as action Ofmortgage foredoom shall be the wen peryible from time tr time wader the Nate. BY SIGNING BELOW, Borrower accepts and agrees to tie tants and covenants contained in pages 1 through 1b ofthia Security Inatrumcnt and in any Rider executed by Sommer and recorded with it 41torroccr Peal) ( 4toeewer Witness: (seal) -earo�er ventsrvAMA—ailkek Psffi%yanvie at/Pndl4 Moe UNIFORM INNIRUMENT namol0 coxiu—erwtaFPA9116 t7 qe 13 q'i4pesq) 8K19i2PG0928 Perm]=! tM 4eoidc.�t0x71 Gi .e.- us 01-30-'13 11:36 FROM- RAM'S T-024 P0022/0050 F-285 • • State of Pennsylvattl Count/ of DA- ris-na. On dila the fib' diy of / Z is + i `Gr boil o m0. t•Qn H 4 . C.le• the tlnde¢s1Sood*Mac postoeillyappeased MARY K. COOK own «umo to roe (ex nth theta* carved) to be the pereoe(a) when nam(s) tL h7 £ljf C+.wt. eabascibod to the vvithta iestunsetit cad ■okmowledpodthat t.fahe execub4 the amt the the puzpoaca therein ccnteitte . IPI wrness 4/11ERSOF, I hereunto sot my Land and official seal. or �,�r _ Lv_ NCrW11 .SEAL AM J. LONG, Notrylitcga My ccem tibia czpiru: N6ce CERTebICATEOFttth coral 1. �,t„•-.1 do hereby certify that the correct address of named leer is 2150 NO TH FIRST STREET, SAN JOSE, QatttolttIa 95131 ,} Wilms my Lind this 21 day o£ im)t-p,.v-.. 143 t.+ C FENNHYt.VANIA —86200 Flz Faank tttuirmak mss vNtaoRM RST¢UNIT renews, trot MIA 14002+t-is141PPA3115 (PareltofJ/poyq) BK 1942 PG 0929. flig ptf4ODm677s 01-30-'13 11:37 FROM-"`"- "`--`" — T-024 P002310050 F-285 • LGALDESCRIPTION ALL THAT CERTAIN tinct or parcel of land situate in South Middleton Township, Cumberland County, Pennsylvania, Pennsylvania, being designatedLot No. 62 (Phase 4) on a certain Final Subdivision Nan for Greenfield Limited Partnership prepared by Stader --Brehm Associates, Inc., dated January 20,1994, and recorded is Cumberland County Plan Book 68, Page 34 (the '"Plan"), es more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right of way line of Thornhill Court (50.00 feet wide), sand point being on the dividing line between Lot No. 61 and Lot No. 62 as shown cm the Plan; thence continuing along the said dividing line South 12 degrees 26 minutes 27 seconds Last, a distance of 134.07 feet to a point on the northern dedicated right of way line of Marsh Drive (I-479); thence continuing along Marsh Drive 89 degrees 10 minutes 20 seconds West, a distance of 36.99 feet to a point on the dividing line between Lot No. 62 acid Lot No. 63 es shawu on the Plan; thence continuing along the said dividing line North 12 degrees 26 minutes 27 seconds West, a distance of 131.05 feet to a point on the southern right of way line of Thornhill Court; thence continuing along the said right of way line by a curve to the left having a radius of 225.00 fact, the chord beating of which is North 86 degrees 11 minutes 34 seconds East, an arc distance of 36.45 feet to a point on the dividing line between Lot No. 61 and Lot No. 62 as shown on the plan, said point being the point and place of BEGINNING. BEING Lot No. 62 as shown on the Nan and containing 4,754.31 square feet. UNDER AND SUBJECT to a storm water easement on a portion of the lot as more particularly shown on the Plan. BEING the same premises which Wilma L. Clippinger, by deed dated March 2, 2006, and intended to be recorded herewith, granted and conveyed unto Mary K. Cook, Mortgagor herein. BK 1942PG0930 01-30-'13 11:37 FROM-____ _._____.___ T124 P0024/0050 F-285 PR]PAYMENT RIDER Thia Prepayment Rides is made this grid day of March 2006 , and is incorporated into and shall be deemed to end and supplement tiro Mortgage, Deed of Bun or the Security Dud (the "Security Int") of the aide date given by the mat gdcd (the'$anvwer) b =ore BOIaow8t'a Nolo (the "Not0') to FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN (the "Lando') dare same date tad covering the property deacnbed in the Secnlity hutromcnt end located at 4 THORNHILL. COURT SOUTH MIDDLETOWN TOWNSHIP, PA 17'013 ADDITIONAL COVENANTS. In addition to the commits and agreements made in the: ftecanity instrument; Borrower and Leader farther eavenant and agree as fellowst BorOweI CSD =Tee a partial prepayulone et anytime wkboot paying any charge. Borrower may make a fall prepayment at any time Subject to s prepayment charge as follows: If within the first 24 montha atter the data Borrower oxetuten the Nota Borrower makes a AM prepayment (including prepayments ooaming a+ a moat Of the keoe etatietl of the =badly of the Note), Borrower renal, u a condition prec dmt ton full prepayment, pay d prepay cchugo on any mount prepaid In any 12 month period ire excess of 20% of the Impair' bahmoe. The prepays elaargo will coal the interest that would accrue daring s six-month period an the Berms Principal calculated at the tate of interest in effect udder the tamer of the Note at the time dile full prepayment NOTICE TO BOI kOWPk Do not Ilan this lean agreement before you read it. This loco agreement pmrid= for the mascot of a penalty if you wbh to repay the 14en prior to the date provided for repayment In the kran agreement. BY SIGNING BELOW, Borrower accept and agrees to the terms and cover:am combined in Ibis Prepayment Rider. MARY K. C K (mow (Seel)otrr (Seal) (Seal) -amr,�c ocrros .gam ie ere, ettAie kites rips:haw! Piro tu lry Me. 0.E. trA, r t,n`1y sb Th r, UI V r, W GA, g4 [Ai Ar, les.l t. ma. rte, nl+. NPCDeo213 FP003210 4000077214 BK 19142 PG 0931 01-30-'13 11:37 FROM- T-024 P0025/0050 F-285 ADJUSTABLE RATE RIDER AWE et MonthIs Ida (As Pablidsed Lana Wall Strait journal) -Rate G r) 'CHIS ADJU3rABI.B RATE RIDER is made this 2nd 'day of f, March 2008 and Is Mompectted Into and shall bodoaated to zinced and supplement the Mort, Beed of 1stt'at ar Soeut ty Dood edge "Seemity bowmen of the same date given by tbo undersigned (the "Besmear to aecere.Bo,TORte• Aa able Rate Note (the "Note") to FIR$T FRANKLIN A DIVISION OF NAT. CITY SANK OF tN (the '7 MW) of the same dam) and coming the property deamhed in the Security Lost ooh loco:dot• 4 THORiNHILL COURT .. SOUTH MIDDtETOWN TOWNSHIP, PA 17018 Ria bAddnnl THE NOTE CONTAINS PROVISIONS ALLOWING FOlt TCHANGES-RITITERdPUST RATE AND Mg MONTHLY PAYMENT. THE NOTE T.JtMITS THE 'AMOUNT THE BORROWER'S nava' itsr' WOE CAN CHANGE. AT ANY ONE TIME AND The MATIMUM RATE EE EORROWEB MUST PAY. • • 'ADDITIONAL COVENANTS. In addition to the'tovemtntg attd agtoetnwza-made is the Seeteiiy Iosuumeat, Borrower and Lender furtherCrotid and agree as follows: • -, A. maw= RATE AND mamma' PAYMENT OIANGES The Note provides for 'MOM Weil* tate, of 8.260096:- The Nate *vides for changes in the interest rate and the mwthly pay erde, es fo11ows 4. INTEREST RATE AND MONTU7 XPAXMEN1' CRANOES (A) Ct Dges , Tse interott tater wiser Pay May die* on the first day of Aprf 2008 • and oil than day every • • 8th month the eaftet."Fath date on aVhieh My interest rate earner change is ailed a 'Change Date, • CO iheT d Deeming- • with the Brat Change Date, my interest rate; wit be based on an Index.' Ile 'Index", is the average of interbank offeied'mitt 'for 6 month VS. doria%deavminetted deposits in' the, Imidan market ('LIBOR"), as ptablisbd in The -Ween Street lotvnaL 'The meet reoene Index Figure available as oft o frost timbals day of tie month immediately pr mg the month in vAiich • the Change Detailed= is called the "Qeteat Tdde:x.` . If the;Tndex is of) longer avajsblc, the `Note Holder +tial cLoose a craw index -tiiet a bayed npon comparable information: The Note Holder wM give me notice of this choice. • (C) :6k -dation of Charges Be fo¢c each Mange Date, the T•lotn Halm wjJ ealadata WY DOW inoetast tate, by adding Five r -• • . Paceatnge'Ioions ( 5.0000%) io the anient. lnds To Notee Holier will then round the result of this addition to the neat t One -eighth -of one parscninge point (0.125-%) - Slrbjait to the huts stated ha $Stipa 4(b) below, this rounded amount 1,711 116 may new irate castratetmtl the next Cheap Date: MULTrsrATSAie MTABLSRATSRmE2.i.11r01i 40NRBE (AS PvatlBmtn IN MC WALL aptrzr•.tpptrop lirm� rr91610r4L1 csrsW0a10t atFc013058 BK 19tc2PG0932 Pao Iels:*.4 2t• D47P427 6 To f et1 11711 01-30-'13 11:38 FROM.____ • • T-024 P0027/0050 F-285 BY SIGNING BELOW, Bortowtr tseepta and agrees to the terms tad aovcmanta outlined in papa 1 through 3 of tido Adjastable Alto Rider. -Bwzowor 9K t 9#2PGO934 -Boma (Awee osmiu) 7 Certify this to be recorded In Cumberland County PA ,V` � . :• 1, • ReCOr;er of Deeds lisn Original 04,1 4000677214 EXHIBIT «B„ By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 31747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I, Danielle Boyle -Ebersole, Esquire, attorney for Plaintiff, hereby certifies that I served a true and correct copy of the Motion for Reassessment of Damages and Rule To Show Cause by United States Mail, first class, postage prepaid, on the rai- fDlay of July, 2014, upon the following: Maiy M. Cook 45 Liberty Drive Mount Holly Springs, PA 17065 James D. Cook a/k/a James David Cook 4 Thornhill Court Carlisle, PA 17015 47 Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interes from or Under Mary K, Cook, Deaceased 4 Thornhill Court Carlisle, PA 17015 THOMAS M. FEDERMAN, ESQUIRE XDANIELLE BOYLE-EBERSOLE, ESQUIRE PAUL J. FANELLIE, ESQUIRE Attorney for Plaintiff EXHIBIT By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 • DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. • MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY RULE TO SHOW CAUSE AND NOW, this / day(DfU 4, upon consideration of Plaintiff s Motion for Reassessment of Damages, a rule is entered upon the Defendant to show cause why the Reassessment of Damages should not be granted. Rule returnable theeP of 2014. BY THE COURT: By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED AND NOW, this Defendant(s) ORDER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY day of , 2014, upon consideration of the Motion for Reassessment of Damages of Plaintiff, Deutsche Bank National Trust Company, as Trustee for First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass -Through Certificates, Series 2006-FF9, and the response, if any, thereto, it is ORDERED that Plaintiff's Motion for Reassessment of Damages is GRANTED and the Plaintiff's Judgment in this case is to be reassessed by the Prothonotary as follows: Principal Balance Interest (through 7/31/14 @ $32.07 per diem) Escrow Advance Property Inspection Property Preservation Suspense $ 139,935.79 $ 51,938.06 $ 15,663.96 $ 139.45 $ 10,108.17 $ (4,297.77) REASSESSED DAMAGES $ 213.487.66 BY THE COURT: J. EXHIBIT «p„ By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE . LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/KJA JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I, Danielle Boyle -Ebersole, Esquire, attorney for Plaintiff, hereby certifies that I served a true and correct copy of the Motion for Reassessment of Damages and Rule To Show Cause with Rule Returnable date of August 25, 2014 by United States Mail, first class, postage prepaid, on the ay of August, 2014, upon the following: Mary M. Cook 45 Liberty Drive Mount Holly Springs, PA 17065 James D. Cook a/k/a James David Cook 4 Thornhill Court Carlisle, PA 17015 /27x Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interes from or Under Mary K, Cook, Deaceased 4 Thornhill Court Carlisle, PA 17015 THOMAS M. FEDERMAN, ESQUIRE '<DANIELLE BOYLE-EBERSOLE, ESQUIRE By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO 10-7061 CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I, Danielle Boyle -Ebersole, Esquire, attorney for Plaintiff, hereby certify that I served a true and correct copy of the Motion to Make Rule Absolute by United States Mail, first class, postage prepaid, on the lay of November, 2014, upon the following: Mary M. Cook 45 Liberty Drive Mount Holly Springs, PA 17065 James D. Cook a/k/a James David Cook 4 Thornhill Court Carlisle, PA 17015 Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interes from or Under Mary K, Cook, Deaceased 4 Thornhill Court Carlisle, PA 17015 THOMAS M. FEDERMAN, ESQUIRE j�DANIELLE BOYLE-EBERSOLE, ESQUIRE PAUL J. FANELLIE, ESQUIRE Attorney for Plaintiff By: FEDERMAN & ASSOCIATES, LLC Thomas M. Federman, Esq., ID No. 64068 Danielle Boyle -Ebersole, Esq., ID No. 81747 305 York Road, Suite 300 Jenkintown, PA 19046 (215) 572-5095 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-FF9 Plaintiff v. MARY M. COOK JAMES D. COOK A/K/A JAMES DAVID COOK UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARY K. COOK, DECEASED Defendant(s) AND NOW, this904 4mi day o ORDER 2 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION cza rn Vic}. NO 10-7061 CUMBERLAND COUNTY 14, upon consideration of Plaintiff's "Motion to Make Rule Absolute," it is hereby ORDERED, DETERMINED AND DECLARED that: 1. The "Rule Returnable" dated August 25, 2014, issued in connection with Plaintiff's Motion for Reassessment of Damages ("Motion") is hereby made ABSOLUTE; and 2. the Motion is GRANTED, and the Plaintiff's Judgment in this case is to be reassessed by the Prothonotary as follows: Principal Balance Interest (through 7/31/14 @ $32.07 per diem) Escrow Advance Property Inspection Property Preservation Suspense REASSESSED DAMAGES f 1iarl )11.66k red? -met -l�lssaic. 62p<e5- %d JG,/4/jif $ 139,935.79 $ 51,938.06 $ 15,663.96 $ 139.45 $ 10,108.17 $ (4,297.77) 213,487.66