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Home My WebLink About12-7150' ~ ~ r ''i '.! ~ ^ r , _ ,' 7 ~_ ~ S n¢: 3,~ CvUPy ._.', µ~ ~ ~~r l~ PHELAN HALLINAN & SCHMIIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FREEDOM MORTGAGE CORPORATION 907 SENTARA WAY SUITE 3 MT. LAUREL NJ, 08054 Plaintiff v. DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG, PA 17257-9403 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM c~~~~ No. Io2 -~ l SU CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 247354 m~u?.~S~d a~ ~~ lay°~Igl r7 ~834~`~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File #: 247354 1. Plaintiffis FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE SUITE 3 MT. LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG, PA 17257-9403 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/28/2007 DAVID SIMON and LORRIE SIMON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FREEDOM MORTGAGE CORPORATION ITS SUCCESSORS AND ASSIGNS which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200731255. By Assignment of Mortgage recorded 06/20/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201117272.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 247354 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 10/0112012: Principal Balance $142,667.44 Interest $27,807.07 12/01(2009 through 10/01/2012 Late Charges $646.64 Property Inspections $534.15 Property Preservation $2,087.00 Mortgage Insurance Premium f $56.09 Private Mortgage Insurance Escrow Deficit 19 589.87 TOTAL $193,388.26 7. 8. 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. File #: 247354 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $193,388.26, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & , ~~ By: s Esq., Id. No.309519 Attorney for Plaintiff File #: 247354 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described according to Final Subdivision Plan of'Walnut Grove' for John Billman, prepared by Whitlock and Hartman, dated February 2, 1981 and recorded in Cumberland County Plan Book 31, Page 59, as follows, to wit: BEGINNING at an iron pin in the centerline of Cleversburg Road (L.R. 21050) and the Southwestern corner of Lot 2 on the above-referenced Plan; thence along said Lot 2, North 74 degrees, 27 minutes, 27 seconds East 186.00 feet to an iron pin in line of other lands of the Grantor; thence along said other lands of the Grantor, South 13 degrees, OS minutes, 02 seconds East 135.62 feet to a concrete monument; thence along Lot 4 on the above-referenced Plan, South 81 degrees, 44 minutes, 12 seconds West 174.64 feet to an iron pin in the centerline of Cleversburg Road (L.R. 21050); thence along the centerline of said Cleversburg Road (L.R. 21050) North 21 degrees, 30 minutes, 14 seconds West to an iron pin; thence along the centerline of said Cleversburg Road (L.R. 21050) on a line curving to the right and having a radius of 500.00 feet and an arc length 53.64 feet to a point, the place of BEGINNING. Being Lot 3 on the above-referenced Plan. ALL THAT CERTAIN lot or land situate in Southampton Township, Cumberland County Pennsylvania, bounded and described according to Final Subdivision Plan of for John H. Billman, prepared by Eric L. Diffenbaugh, dated April 3, 2000, revised Apri125, 2000 and recorded in Cumberland County Plan Book 81, Page 56 and 56A, as follows to wit: File #: 247354 Beginning at an existing bolt at the corner of the aforesaid Lot #3 and #2 and 2A; thence along the said Lot #2A North 74 degrees 39 minutes, 40 seconds East, 139.92 feet to an iron pin set at lands now or formerly of John H. Billman; thence along said Billman land, on a curve to the left having a radius of 746.80 feet, a chord of 153.10 feet on a bearing of South 08 degrees, 51 minutes 56 seconds East, for an arc distance of 153.37 feet to a set iron pin at the corner of Lot #4A of the above-mentioned subdivision plan; thence along the dividing line of Lot #3A and to Lot #4A, South 82 degrees 02 minutes 04 seconds West, 129.71 feet to an existing bolt at the corner of Lot #3 above described; thence along the dividing line of Lot #3 and 3A, North 12 degrees 46 minutes 53 seconds West, 135.61 feet to an existing bolt, the point and place of beginning. BEING Part of Lot 3A on the above-referenced plan. BEING THE SAME PREMISES which MARLENE P. BILLMAN, married woman, by Indenture bearing the date of 10-19-00 and recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland, COMMONWEALTH OF PENNSYLVANIA on 10/31/00 in Book 232 Page 1054 granted and conveyed unto LORRIE A. STOUFFER, unmarried. AND Whereas LORRIE A. STOUFFER n/b/m LORRIE SIMON by Indenture bearing the date of January 4, 2006 and recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland, COMMONWEALTH OF PENNSYLVANIA on January 18, 2006 in Book 272 Page 4016 granted and conveyed her interest unto LORRIE SIMON and DAVID SIMON, Wife and Husband, their Heirs and Assigns, in fee. Parcel No. 39-13-0102-033 PROPERTY ADDRESS: 277 NEIL ROAD, SHIPPENSBURG, PA 17257-9403 PARCEL # 39-13-0102-033 File #: 247354 VERIFICATION ALISNA BRUNSON hereby states that he/she is of LOANCARE, A DIVISION OF FNF SERVICING, INC., AS ATTORNEY IN FACT UNDER A LIMITED POWER OF ATTORNEY FOR FREEDOM MORTGAGE CORPORATION servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~ l ~ (a. FREEDOM MORTGAGE CORPORATION BY LOANCARE, A DIVISION FNF SE G, INC. AS ATTORNEY IN FACT IJND PO OF ATTORNEY ame: AUSHA BRUNSON Title: VICE PRESIDENT LOANCARE, A DIVISION OF FNF SERVICING, INC. File#: 247354 Name: SIMON File #: 247354 FORM 1 IN THE COURT OF COMMON PLEaS s FREEDOM MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSVAI Plaintiff(s) -~~'. ~~.~ ~ ~+- r-' ;.y` -~,. vs. `.~_ DAVID SIMON } ' ~ f == G LORRIE SIMON .~ ~', nn :-, Defendant(s) ~ o(•~ (~~ Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must praide the legal representative with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you willhave an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so)bat a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Allison F. WelYs,~sq., Id. No.309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: State: Zip: Office: Other: How long? State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: Home: Cell: Office: Other: State: Zip: How long? Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ _ $ Retirement Funds: $ _ $ Investments: $ _ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles boats motorc c~ les)• Model: Year:_ __ Amount owed: Value Monthly Income Name of Employers: 1 • _ Monthly Gross 2~ Monthly Gross 3• _ Monthly Gross Additional Income Description (not wages): I • monthly amount: 2. monthly amount: Year: Year: Monthly Net _ Monthly Net Monthly Net Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort ra ~e Food 2"~ Mort a >e Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ort/Alien. S endin Mone Da /Child Care/Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email Have you made application for Homeowners Emergency Mortgage Assistance Program (ItEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: I/We, _ ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. 1/We understand that I/we am/are under no obligation to use the counseling services provided by the above named ,. Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) Phelan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 ATTORNEYS FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DMSION VS. CUMBERLAND CO � DAVID SIMON v r LORRIE SIMON No. 12-7150-CIVIL o Defendant(s) cx� ENTRY OF APPEARANCE Please enter my appearance for DAVID SIMON, and LORRIE SIMON the Defendant(s) in the above captioned action. BRET PATRICK SHAFFER,ESQ,Esquire 309180 Attorney for Defendant(s) Date: 3 �3 Phelan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 ATTORNEYS FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DMSION VS. CUMBERLAND COUNwc-- DAVID SIMON ;krn ;r. LORRIE SIMON No. 12-7150-CIVIL _ ;-,o o Defendant(s) �. , Z'10s u? w . ACCEPTANCE OF SERVICE ON Rw OF DEFENDANT cn = BRET PATRICK SHAFFER,ESQ,Esquire hereby accepts service of the Civil Action Complaint on behalf of defendant(s),DAVID SIMON,and LORRIE SIMON,in the above captioned action and certify that I am authorized to do so. BRET PATRICK SHAFFER,ESQ,Esquire 309180 Attorney for Defendant(s) Date: /3 OF TJ;iE I'RGTH�NOTAR`� . PHELAN HALLINAN, LLP „ Attorney for Plaintiff Adam H. Davis, Esq., Id. No.20302 3 JUN 25 '�� 6 1617 JFK Boulevard, Suite 1400 One Penn.Center Plaza cU MEB S ND COUNTY Philadelphia, PA_19103 215-563-7000 FREEDOM MORTGAGE CUMBERLAND COUNTY CORPORATION COURT OF COMMON PLEAS VS. CIVIL DIVISION DAVID SIMON LORRIE SIMON No. 12-7150-CIVIL 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 DAVID SIMON and LORRIE SIMON, 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 $193,388.26 TOTAL $193,388.26 I hereby certify that (1) the Defendants' last known addresses are 277 NEIL ROAD, SHIPPENSBURG, PA 17257-9403 and 137 SOUTHSIDE DRIVE, NEWVILLE, PA 17241- 9536, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1,.�/ Date Z Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HE EBY ASSESSED AS INDICATED. DATE: ,.. pHs#247354 PROTHONOTARY aM� 4 ) S / Q/ 247354 )2 9-9q aaq VoX fa, PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FREEDOM MORTGAGE CUMBERLAND COUNTY CORPORATION -COURT OF COMMON PLEAS VS. CIVIL DIVISION DAVID SIMON No. 12-7150-CIVIL LORRIE SIMON AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for,the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/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 DAVID SIMON is over 18 years of age and has last known addresses at 277 NEIL ROAD, SHIPPENSBURG, PA 17257-9403 and.137 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-9536. (c) that defendant LORRIE SIMON is over 18 years of age and has last known addresses at 277 NEIL ROAD, SHIPPENSBURG, PA 17257-9403 and 137 SOUTHSIDE DRIVE, NEWVILLE, PA 17241-9536. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 161.7 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 21.5-563-7000 247354 Results as of:Jun-24-2013 12:10:54 Department of Defense Manpower Data Center SCRA 3.0 Status k y - . Pursuant to Servicem6mbc s Civil Relief,Act 4 Fy�llbufru�C�fp Last,Name: SIMON First Name: LORRIE Middle Name: Active Duty Status As Of: Jun-24-2013 On Active Duty On Active Duty Status Date - Active Duty Start Date Active Duty End Date status Service Component NA NA No NA This response reflects the individuals active dil stalls based on the Active Duty status Date f Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date - Status Service Component NA NA •<,NO NA This response reflects where the individual left active duty status within 3i37 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA _NA. 'No NA This response reflects whether the individual or hisltler unit has received early notification to report for active duty Upon searching the data banks ofthe Department of Defense Manpower Data Centerrbased on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army;Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Alal Fjl 01414. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Jun-24-2013 12:05:31 SCRA 3.0 r r ip ott M � Pursuant to Servicem,embers Civil Reikf Act Last Name: SIMON First Name: DAVID Middle Name: Active Duty Status As Of: Jun-24-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No- NA This response reflects the individuals'active duty status based on"the.Active Duty.Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA -'No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date - Status Service Component NA -.NA .•No NA This response reflects whether the individual'orhis/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower'Data-Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) : Revised FREEDOM MORTGAGE CUMBERLAND COUNTY CORPORATION COURT OF COMMON PLEAS VS. DAVID SIMON CIVIL DIVISION LORRIE SIMON No. 12-7150-CIVIL Notice is.given that a Judgment in the above captioned matter has been entered against you on J. By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No203034 Attorney for Plaintiff E 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 AN ATTEMPT TO COLLECT. A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY** 247354 FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. DAVID SM40N NO. I2-7;150-CIVIL LORRIE SIMON Defendant(s) CUMBERLAND COUNTY TO: DAVID SIMON 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 DATE OF NOTICE: 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 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 BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: / Jo athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hall.inan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#247354 FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL.DIVISION V. DAVID SIMON NO. 12-7150-CIVIL LORRIE SIMON Defendants) CUMBERLAND COUNTY TO: LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 DATE OF NOTICE:—= J 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 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. . 1 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 BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: jp _ J athan Lobb,Esq:,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,.LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#247354 FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. DAVID SIMON NO. 12-7150-CIVIL LORRIE SIMON Defendant(s). CUMBERLAND COUNTY TO: DAVID SIMON&LORRIE SIMON C/O BRET PATRICK SHAFFER,ESQ 19 W SOUTH ST CARLISLE,PA 17013 DATE OF NOTICE: _ 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 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 y 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 A13OUT 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 BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Jo F-tromey han Lobb,Esq.,Id.No.312174 A for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 1.9103 PHS#247354 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-7150-CIVIL DAVID SIMON LORRIE SIMON Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $193,388.26 Interest from 06/26/2013 to Date of Sale $5,221.26 ($32.23 per diem) TOTAL $198,609.52 Pt 44., Phelan Hallinan,LLP =_ Adam H.Davis,Esq.,Id.No.203034 C- C—_ Attorney for Plaintif ` W r" N CD Note: Please attach description of property. c/? ty, w�• PHS#247354 a�s X C:) y' pc- .. C'3 ag st d -7cp r So U CA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FREEDOM MORTGAGE CORPORATION Plaintiff V. DAVID SIMON LORRIE.SIMON Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) ' Filed: Address where papers maybe served: , �G DAVID SIMON Phelan Hallinan,LLP 277 NEIL ROAD Adam H.Davis,Esq.,Id.No.203034 SHIPPENSBURG,PA 17257-9403 Attorney for Plaintiff 137 SOUTHSIDE DRIVE NEWVILLE,PA 17241 LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 137 SOUTHSIDE DRIVE NEWVILLE,PA 17241 f LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County,Pennsylvania, bounded and described according to Final Subdivision Plan of'Walnut Grove'for John Billman,prepared by Whitlock and Hartman,dated February 2, 1981 and recorded in Cumberland County Plan Book 31,Page 59, as follows,to wit: BEGINNING at an iron pin in the centerline of Cleversburg Road(L.R.21050)and the Southwestern corner of Lot 2 on the above-referenced Plan;thence along said Lot 2,North 74 degrees,27 minutes,27 seconds East 186.00 feet to an iron pin in line of other lands of the Grantor;thence along said other lands of the Grantor,South 13 degrees,05 minutes,02 seconds East 135.62 feet to a concrete monument;thence along Lot 4 on the above-referenced Plan,South 81 degrees,44 minutes, 12 seconds West 174.64 feet to an iron pin in the centerline of Cleversburg Road(L.R.21050);thence along the centerline of said Cleversburg Road (L.R. 21050)North 21 degrees,30 minutes, 14 seconds West to an iron pin;thence along the centerline of said Cleversburg Road(L.R.21050)on a line curving to the right and having a radius of 500.00 feet and an arc length 53.64 feet to a point,the place of BEGINNING. Being Lot 3 on the above-referenced Plan. ALL THAT CERTAIN lot or land situate in Southampton Township,Cumberland County Pennsylvania, bounded and described according to Final Subdivision Plan of for John H. Billman,prepared by Eric L. Diffenbaugh,dated April 3,2000,revised April 25,2000 and recorded in Cumberland County Plan Book 81, Page 56 and 56A,as follows to wit: Beginning at an existing bolt at the corner of the aforesaid Lot#3 and#2 and 2A;thence along the said Lot #2A North 74 degrees 39 minutes,40 seconds East, 139.92 feet to an iron pin set at lands now or formerly of John H. Billman;thence along said Billman land,on a curve to the left having a radius of 746.80 feet,a chord of 153.10 feet on a bearing of South 08 degrees,51 minutes 56 seconds East,for an arc distance of 153.37 feet to a set iron pin at the corner of Lot#4A of the above-mentioned subdivision plan;thence along the dividing line of Lot#3A and to Lot#4A, South 82 degrees 02 minutes 04 seconds West, 129.71 feet to an existing bolt at the corner of Lot#3 above described;thence along the dividing line of Lot#3 and 3A,North 12 degrees 46 minutes 53 seconds West, 135.61 feet to an existing bolt,the point and place of beginning. BEING Part of Lot 3A on the above-referenced plan. TITLE TO SAID PREMISES IS VESTED IN Lorrie Simon and David Simon, w/h, by Deed from Lorrie A. Stouffer, nbm, Lorrie Simon, dated 01/04/2006, recorded 01/18/2006 in Book 272, Page 4016. PREMISES BEING: 277 NEIL ROAD,SHIPPENSBURG,PA 17257-9403 PARCEL NO.39-13-0102-033 PHELAN HALLINAN LLP _►A 1.E D-O�"F i C t Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 OF 1 HE PROTH0140TA"R 1617 JFK Boulevard, Suite 1400 � � AN 25 ;1: >� One Penn Center Plaza Ar Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. , NO.: 12-7150-CIVIL DAVID SIMON . LORRIE SIMON , Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: 0:�P�11)40L�le Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff f'iLED- s lC ' FREEDOM MORTGAGE CORPORAT,IO�i � E: 'I L:�fi `I COURT OF COMMON PLEAS V 2013 JUV, 25 CIVIL DIVISION cumBERLAND COUNTY NO.: 12-7150-CIVIL DAVID SIMON RENNSYLYP'N'A ; LORRIE SIMON Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FREEDOM MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 277 NEIL ROAD, SHIPPENSBURG,PA 17257-9403. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) DAVID SIMON 277 NEIL.ROAD, SHIPPENSBURG,PA 17257-9403 137 SOUTHSIDE DRIVE NEWVILLE,PA 17241 LORRIE SIMON 277 NEIL ROAD, SHIPPENSBURG,PA 17257-9403 137 SOUTHSID E DRIVE NEWVILLE,PA 17241 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) DAVID SIMON 277 NEIL ROAD, SHIPPENSBURG,PA 17257-9403 .137 SOUTHSIDE DRIVE NEWVILLE,PA 17241 LORRIE SIMON 277 NEIL ROAD, SHIPPENSBURG,PA 17257-9403 137 SOUTHSIDE DRIVE NEWVILLE,PA 17241 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. PHS #247354 `4. 'Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) AMERICAN GENERAL FINANCIAL 21 GEORGE STREET SERVICES,INC. UNIT B READING,PA 19605 AMERICAN GENERAL FINANCIAL P.O.BOX 13488 SERVICES,INC. READING,PA 19612 ATTN:BENJAMIN M.IRVIN 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 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 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 s 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 PHS #247354 db DAVID&LORRIE SIMON 19 W SOUTH ST C/O BRET PATRICK SHAFFER,ESQUIRE CARLISLE,PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 61Z!M By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS #247354 c � l FREEDOM MORTGAGE CORP6il' 1 � ,, COURT OF COMMON PLEAS J5 Ct3MB�RL�PiO C,URklaintiff CIVIL DIVISION VS. pEN1tSYLVA�IA NO.: 12-7150-CIVIL DAVID SIMON , LORRIE SIMON CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DAVID SIMON DAVID SIMON LORRIE SIMON LORRIE SIMON 277 NEIL ROAD 137 SOUTHSIDE DRIVE SHIPPENSBURG,PA 17257-9403 NEWVILLE,PA 17241-9536 "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 277 NEIL ROAD,SHIPPENSBURG,PA 17257-9403 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$193,388.26 obtained by FREEDOM MORTGAGE CORPORATION(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. 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 21.5-563-7000. r, 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 (1.0) days after the filing of the proposed schedule. 7. You may also have other.rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-7150-CIVIL FREEDOM MORTGAGE CORPORATION V. DAVID SIMON LORRIE SIMON owner(s) of property situate in the TOWNSHIP OF SOUTHAMPTON, CUMBERLAND County, Pennsylvania, being 277 NEIL ROAD, SHIPPENSBURG,PA 17257-9403 Parcel No.39-13-0102-033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $193,388.26 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Southampton Township,Cumberland County,Pennsylvania, bounded and described according to Final Subdivision Plan of'Walnut Grove'for John Billman,prepared by Whitlock and Hartman,dated February 2, 1981 and recorded in Cumberland County Plan Book 31,Page 59, as follows,to wit: BEGINNING at an iron pin in the centerline of Cleversburg Road(L.R.21.050)and the Southwestern corner of Lot 2 on the above-referenced Plan;thence along said Lot 2,North 74 degrees,27 minutes,27 seconds East 186.00 feet to an iron pin in line of other lands of the Grantor;thence along said other lands of the Grantor,South 13 degrees,05 minutes,02 seconds East 135.62 feet to a concrete monument thence along Lot 4 on the above-referenced Plan,South 81 degrees,44 minutes, 12 seconds West 174.64 feet to an iron pin in the centerline of Cleversburg Road(L.R.21.050);thence along the centerline of said Cleversburg Road (L.R. 21050)North 21 degrees,30 minutes, 14 seconds West to an iron pin;thence along the centerline of said Cleversburg Road(L.R.21.050)on a line curving to the right and having a radius of 500.00 feet and an arc length 53.64 feet to a point,the place of BEGINNING. Being Lot 3 on the above-referenced Plan. ALL THAT CERTAIN lot or land situate in Southampton Township,Cumberland County Pennsylvania, bounded and described according to Final Subdivision Plan of for John H.Billman,prepared by Eric L. Diffenbaugh,dated April 3,2000,revised April 25,2000 and recorded in Cumberland County Plan Book 81, Page 56 and 56A,as follows to wit: Beginning at an existing bolt at the corner of the aforesaid Lot#3 and#2 and 2A;thence along the said Lot #2A North 74 degrees 39 minutes,40 seconds East, 1.39.92 feet to an iron pin set at lands now or formerly of John H.Billman;thence along said Billman land,on a curve to the left having a radius of 746.80 feet,a chord of 153.10 feet on a bearing of South 08 degrees,51 minutes 56 seconds East,for an arc distance of 153.37 feet to a set iron pin at the corner of Lot#4A of the above-mentioned subdivision plan;thence along the dividing line of Lot#3A and to Lot#4A,South 82 degrees 02 minutes 04 seconds West, 129.71 feet to an existing bolt at the corner of Lot#3 above described;thence along the dividing line of Lot#3 and 3A,North 1.2 degrees 46 minutes 53 seconds West, 135.61 feet to an existing bolt,the point and place of beginning. BEING Part of Lot 3A on the above-referenced plan. TITLE TO SAID PREMISES IS VESTED IN Lorrie Simon and David Simon, w/h, by Deed from Lorrie A. Stouffer, nbm, Lorrie Simon, dated 01/04/2006, recorded 01/1.8/2006 in Book 272, Page 401.6. PREMISES BEING: 277 NEIL ROAD,SHIPPENSBURG,PA 17257-9403 PARCEL NO.39-13-0102-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-71.50 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FREEDOM MORTGAGE CORPORATION Plaintiff(s) From DAVID SIMON,LORRIE SIMON (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession. of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $193,388.26 L.L.: $.50 Interest FROM 6.26.2013 TO DATE OF SALE($32.23 PER DIEM)-$5,221.26 Atty's Comm: Due Prothy: $2.25 Atty Paid: $236.50 Other Costs: Plaintiff Paid: Date: 6/25/13 David D.Buell, othonotary (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FREEDOM MORTGAGE CORPORATION PHS#247354 DEFENDANT SERVICE TEAM/lxh DAVID SIMON COURT NO.:12-7150-CIVIL LORRIE SIMON SERVE LORRIE SIMON AT. TYPE OF ACTION C:- 137 SOUTHSIDE DRIVE XX Notice of Sheriff's Sale I NEW VILLE,PA 17241-9536 SALE DATE: December 4,2013 -0 C:) SERVED cpT' PZ� --Ac� ..e --r—11. Ly at S ed d d known to LORRIE SIMON,Defendant on the day of a',and mad o'clock M.,at (n;�y-Sipe in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is cr" --c Adult in charge of Defendant's residence who refused to give name or relationship. --e- 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 officer of said Defendant's company. Other: Description: Age-HO Height Weight Race�t'Sex-f--Other NA P. ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.See.4904 relating to unsworn falsification to authorities. DATE: NAME: kc, , J PRINTED NAME: & &A_A TITLE: Pft(0;:S- I NOT SERVED On the day of 20 at o'clock—.M.,I a competent adult hereby state tha—t DHendant N07TOUM-beca7us—e: 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: PRIMED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FREEDOM MORTGAGE CORPORATION PITS#247354 DEFENDANT SERVICE TFAM/)xh DAVID SD40N COURT NO.:17-7150-CIVU, LORRIE SIMON SERVE DAVID SIMON AT: TYPE OF ACTION SALE Notice of SheriWs Sale 137 SOUTHSIDE DRIVE V11 NEWVILLE,PA 17241-9536 DATE: December4,2013 Z-;Q Z t"' -- C:) 00 77 tj SERVED Served and made known to DAVID SIMON,Defendant on the day of *54�t 20 —1- at C-) o'clock M.,a Q-4 -�QJ-M S! E_ DWV� in the manner described below: 0 Defendant pdrsonally served. 37 Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or 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 officer of said Defendant's company. Other: Description: Age Lfo,s� Height Weight 20dS Racc�iffs,x M Other I, &OEUI& 9011G6N -a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE-. NAME: - 7 PRINTED NAME- T=: NOT SERVE On the day of 20_,at o'clock—.M.,1, a competent adult hereby state that-DeTendant 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: PRINTED NAME. ATTORNEY FOR PLAINTWF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION : Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND Count DAVID SIMON • LORRIE SIMON • No.: 12-7150-CIVIL u,r ry ...._ Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES -' Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the 7' ' ' Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 26, 2012. 2. Judgment was entered on June 25, 2013 in the amount of$193,388.26. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 741188 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $142,667.44 Interest Through January 1, 2014 $39,723.33 Late Charges $646.64 Legal fees $1,300.00 Cost of Suit and Title $1,641.22 Property Inspections $934.15 Property Preservation $3,724.80 Appraisal/Brokers Price Opinion $105.00 Mortgage Insurance Premium/Private Mortgage Insurance $2,518.21 Mortgage Insurance Premium to be paid $332.09 Escrow to be paid $1,284.00 Escrow Deficit $22,072.79 TOTAL $216,949.67 6. Plaintiff paid the following in property preservation during the time the loan was in default: 12/13/2010 PROPERTY PRESERVATION $75.00 12/13/2010 SECURING $40.00 4/14/2011 PROPERTY PRESERVATION $35.00 4/20/2011 PROPERTY PRESERVATION $35.00 4/20/2011 PROPERTY PRESERVATION $24.00 5/12/2011 LAWN MAINTENANCE $110.00 5/18/2011 PROPERTY PRESERVATION $1,050.00 5/18/2011 PROPERTY PRESERVATION $48.00 5/18/2011 PROPERTY PRESERVATION $10.00 5/18/2011 PROPERTY PRESERVATION $20.00 7/6/2011 PROPERTY PRESERVATION $35.00 7/11/2011 LAWN MAINTENANCE $115.00 8/2/2011 LAWN MAINTENANCE $110.00 8/16/2011 LAWN MAINTENANCE $110.00 10/27/2011 LAWN MAINTENANCE $90.00 11/3/2011 LAWN MAINTENANCE $110.00 6/5/2012 PROPERTY PRESERVATION $35.00 6/15/2012 PROPERTY PRESERVATION $35.00 10/9/2012 PROPERTY PRESERVATION $35.00 741188 • 11/7/2012 LAWN MAINTENANCE $120.00 11/7/2012 PROPERTY PRESERVATION $7.80 4/12/2013 PROPERTY PRESERVATION $100.00 4/12/2013 SECURING $40.00 4/19/2013 LAWN MAINTENANCE $190.00 5/29/2013 LAWN MAINTENANCE $185.00 6/6/2013 PROPERTY PRESERVATION $35.00 6/21/2013 LAWN MAINTENANCE $185.00 7/5/2013 LAWN MAINTENANCE $185.00 7/22/2013 LAWN MAINTENANCE $185.00 8/12/2013 LAWN MAINTENANCE $185.00 8/29/2013 LAWN MAINTENANCE $185.00 TOTAL $3,724.80 7. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 1/1/2010 ESCROW BALANCE ($89.17) 2/1/2010 FLOOD INSURANCE $1,284.00 4/6/2010 CITY TAX $310.50 8/17/2010 SCHOOL TAX $1,478.39 11/16/2010 FLOOD INSURANCE $1,284.00 12/14/2010 ESCROW ADVANCE $1,030.00 4/11/2011 CITY TAX $325.68 8/17/2011 SCHOOL TAX $1,442.04 11/10/2011 FLOOD INSURANCE $1,284.00 3/16/2012 HAZARD INSRUANCE $3,693.00 4/3/2012 HAZARD INSRUANCE $3,693.00 4/6/2012 CITY TAX $325.68 8/27/2012 SCHOOL TAX $1,627.53 11/15/2012 FLOOD INSURANCE $1,284.00 1/9/2013 HAZARD INSRUANCE $2,738.00 4/22/2013 CITY TAX $362.14 TOTAL $22,072.79 741188 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 10. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 12. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP AM All Ar DATE: q i /� AP. By: Jonat • 4 Etkowicz,Esquire ORNEY FOR PLAINTIFF 741188 • Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j onathan.etkowicz @phelanhallinan.corn 215-563-7000 FREEDOM MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • Civil Division • v. • CUMBERLAND County • DAVID SIMON LORRIE SIMON : No.: 12-7150-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DAVID SIMON executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 277 NEIL ROAD, SHIPPENSBURG, PA 17257-9403. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 741188 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 741188 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 741188 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 741188 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 741188 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 741188 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 741188 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: q "k) j> By: __� � ' Jon. n . 'tkowicz, Esquire Att• ey for Plaintiff 741188 Exhibit "A" 741188 • FILED-OFFICE OF THE PROTHONOTAR PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id.N020iialiN 25 AM I I: 32 1617 JFK Boulevard,Suite 14 One Penn Center Plaza C BERLAND COUNTY PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 FREEDOM MORTGAGE : CUMBERLAND COUNTY CORPORATION : COURT OF COMMON PLEAS vs. Attorn BY File(,' PM838IL DIVISION DAVID SIMON Rein LORRIE SIMON : Nd4 12-7150-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the . :�, ; t DAVID SIMON and LORRIE SIMON,Defendant(s)for failure to i': : ' : .. Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale o mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $193,388.26 TOTAL $193,388.26 I hereby certify that(1)the Defendants'last known addresses are 277 NEIL ROAD, SHIPPENSBURG,PA 17257-9403 and 137 SOUTHSIDE DRIVE,NEWVLLLE,PA 17241- 9536, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 6/ Z / /A7 ae4cf4t, )Y4°1'14( Adam H. Davis,Esq., Id.No.203034 rgey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA` `1D. hl 1/ • 1,125/13 DATE: PHS#247354 PROTHONOTARY 247354 Exhibit "B" 741188 • PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 17,2013 BRET PATRICK SHAFFER, ESQ 19 W SOUTH ST CARLISLE,PA 17013 DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 RE: FREEDOM MORTGAGE CORPORATION v. DAVID SIMON and LORRIE SIMON Premises Address:277 NEIL ROAD SHIPPENSBURG,PA 17257 CUMBERLAND County CCP,No. 12-7150-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 9/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve trul , ours, I r Jothn M.Etkowicz,Esq., Id.No.208786 A +rney for Plaintiff Enclosure 741188 1 y 1 Name and • Phelan Hallinan,LLP . Address 1617 JI E BouleYard,suite 1400 cs n Of Sender One Penn Cenier.P1aza ;.. I . . Philadelphia,PA 19103 KVM c i Line 1 Article Number Name of Addressee,Street=and Post•U,fCee Address Postage .. 1 ..DAVItYSIMON. 50.45 • n 1 RRIESIIVtON ' N a • 277 NEIL ROAD r , ,,3� SHIPPENS'SURG,:PA 17257-9403 .. -spa 2 •.,.. DAVID SIMON 50.45 q -c5 LORRIE SIMON N°Q p • 137 SOUTUSIOE DRIVE `r"'s+ . NEWVILLE,PA 17241-9536 '}19 W SOUTH ST 3 "."' • BRET PATRICK SHAFFER,ESQ 50A5 .+• ,,i,` CARLISLE,PA I7013 "'<1`:i.i'V±` • RE:DAVID•SIMON(CUMBERLAND) PH#7411U/1200 Page 1 of I 51.35 Total Number of - TWA Number of Notts Postmaster.Pa kola of TLS fidl dettavfitjeo of vilm n rogtri edm ill dameait and immmtional«gi,ased msiL The,,taxt :Pieee[Liseed by Seeder Rearivedst Pot Ofr,rc • RxaviAts Ya) for�eretdetitroawo ofnenncpotifblE duo.mU uoder.F,iperss Mail document re000;IntMicat iosc` . Dien abjcttwa limit of 1500.900 pa ootimumo.The mvcinOsa iodesmib paxabk on E croon tr,`_ , -- 9� .SLe awxomtm ia"'.oeyy payabk fa 525,10.0 fir re skrcd mad,s s with optional irzrvnoce,Sec 1 11400 5913 and 5921 for limitations of toveta�e. .. •Form 3877 Facsimile 4 j 1 { r .• 741188 • Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • Civil Division • v. • CUMBERLAND County • DAVID SIMON LORRIE SIMON • No.: 12-7150-CIVIL • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. BRET PATRICK SHAFFER, ESQ DAVID SIMON 19 W SOUTH ST LORRIE SIMON CARLISLE, PA 17013 137 SOUTHSIDE DRIVE NEWVILLE,PA 17241-9536 DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 Phelan Hallinan,A P DATE: �• J By: -` 4�i Jona 'r . : kowicz,Esquire ATT• , EY FOR PLAINTIFF 741188 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FREEDOM MORTGAGE CORPORATION : Court of Common Pleas Plaintiff Civil Division v. • • CUMBERLAND County DAVID SIMON LORRIE SIMON : No.: 12-7150-CIVIL Defendants RULE AND NOW,this ,2 M d day of 013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT et/ty(24 J. rte-; r _- s C),.... cda Sys _ --t t • 741188 nathan M.Etkowiez,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617.IFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 //BRET PATRICK SHAFFER, ESQ DAVID SIMON 19 W SOUTH ST LORRIE SIMON CARLISLE,PA 17013 137 SOUTHSIDE DRIVE NEWVILLE, PA 17241-9536 /DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG, PA 17257-9403 eopt'es. Pt t LEct 741188 /0/2//3 741188 • :r Ott 2taUCTtt Mi9: 08 �U�iSE�SYLVAt11A�Y P�� Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff • vs. Civil Division • DAVID SIMON • CUMBERLAND County LORRIE SIMON • Defendants • No.: 12-7150-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 3, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. BRET PATRICK SHAFFER, ESQ DAVID SIMON 19 W SOUTH ST LORRIE SIMON CARLISLE, PA 17013 137 SOUTHSIDE DRIVE NEWVILLE, PA 17241-9536 DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG, PA 17257-9403 Phelan n '�DATE: /O /it //3 By: Justin F oseski, Esq., Id. No.200392 Atto •y for Plaintiff 741188 r_j iii$ i i■Lt f ii�1� rti., CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff • • Civil Division vs. • CUMBERLAND County DAVID SIMON • LORRIE SIMON • No.: 12-7150-CIVIL • Defendants MOTION TO MAKE RULE ABSOLUTE FREEDOM MORTGAGE CORPORATION,by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 27, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 17, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 741188 3. A Rule was issued by the Honorable Peck on or about October 3, 2013 directing the Defendants to show cause by October 23, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 10, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 23, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: /77/ /1 3 By: it Adam H. Davis, Esq., Id. No.203 34 Attorney for Plaintiff 741188 • • Exhibit "A" 741188 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 17,2013 BRET PATRICK SHAFFER, ESQ 19 W SOUTH ST CARLISLE,PA 17013 DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 RE: FREEDOM MORTGAGE CORPORATION v. DAVID SIMON and LORRIE SIMON Premises Address: 277 NEIL ROAD SHIPPENSBURG,PA 17257 CUMBERLAND County CCP,No. 12-7150-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 9/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve v trul 's ours, lW Jo than M. Etkowicz,Esq.,Id.No.208786 A trney for Plaintiff Enclosure 741188 . . . Exhibit "B" 741188 ' . . .. - IN l'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FREEDOM MORTGAGE CORPORATION . , Court of Common Pleas Plaintiff Civil Division v. • . CUMBERLAND County DAVID SIMON LORRIE SIMON - . No.: 12-7150-CIVIL Defendants RULE AND NOW, this A---1( — day of 4441r/7„,..2,013,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT „4- Syr ---m ,....-: m --‹.;' co • ' 741188 PROTHUNOTAh 2013 OCT 1 Ai HDMCO9NOTey CUPpEENR4Ls y Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id.No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 A cbM FREEDOM MORTGAGE CORPORATION Court of Corn tittelktili Plaintiff vs. Civil Division DAVID SIMON CUMBERLAND County LORRIE SIMON , Defendants No.: - %V11. CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 3, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below, BRET PATRICK SHAFFER, ESQ DAVID SIMON 19 W SOUTH ST LORRIE SIMON CARLISLE, PA 17013 137 SOUTHSIDE DRIVE NEWVILLE, PA 17241-9536 DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG, PA 17257-9403 • Phelan lhlflmw. VhV I), c./ By. Justin Fzi-:.()C.::3 t.Esq.,Id.No.200392 '',.110.1 96 for Plaintiff 741188 Jonathan M. Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP ' 1617 JFK Boulevard, Suite 1400 Philadelphia.PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 BRET PATRICK SHAFFER., ESQ DAVID SIMON 19 W SOUTH ST LORRIE SIMON CARLISLE,PA 17013 137 SOUTHSIDE DRIVE NEWVILLE,PA 17241-9536 DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPP.ENSBURG,PA 17257-9403 741188, 741188 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION • Court of Common Pleas • Plaintiff vs. • Civil Division • DAVID SIMON : CUMBERLAND County LORRIE SIMON Defendants : No.: 12-7150-CIVIL • CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. BRET PATRICK SHAFFER, ESQ DAVID SIMON 19 W SOUTH ST LORRIE SIMON CARLISLE, PA 17013 137 SOUTHSIDE DRIVE NEWVILLE, PA 17241-9536 DAVID SIMON LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG, PA 17257-9403 / Phelan Hallinan, LLP /� DATE: Il/f/7\7 By: �L�' �� /i " : Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 741188 .. l LE:)-!.J i iC - = °tLPROs -3N0la,;t. i PHELAN HALLINAN,LLP Attorney for Plairttr�Q" John Michael Kolesnik,Esq.,Id.No.308877 CUMBERLAND CJ COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FREEDOM MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DAVID SIMON LORRIE SIMON No.: 12-7150-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or C•rtified Mail Return Receipt stamped by the U.S.Postal Service is attached her•• o ` ••••K"A". i John � f.- Kolesnik,Esq.,Id.No.308877 /(/7/f Att• ey for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#741188 td Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 e: One Penn Center Plaza Philadelphia.PA 19103 AZK/CET-12/04/2013 SALE Article Number Name of Addressee,Street,and Post Office Address Postage Fee **** TENANT/OCCUPANT 90.45 277 NEIL ROAD SIIIPPENSBURG,PA 17257-9403 **.k AMERICAN GENERAL FINANCIAL SERVICES,INC. , $0.45 21 GEORGE STREET B UNIT UN1 READING,PA 19605 ti ***" AMERICAN GENERAL FINANCIAL SERVICES,INC.ATTN:BENJAMIN Al.IRVIN x0,45 a° P.O.BOX 13488 n Cr READING,PA 19612 i eg **** Domestic Relations of ( $0.d5 1 M ^' Cumberland County (t,t ct' 13 North Hanover Street f; Carlisle,PA 17013 —No **** Commonwealth of Pennsylvania Department of Welfare 50.45 t`` ' -v P.O.Box 2675 >*' Harrisburg,PA 17105 **** Internal Revenue Service Advisory — $0.45 , _ *,. t' f 10001JbertyAt7nueReam?fW �' ' Pittsburgh,PA 15222 �A **** U.S.Department of Justice fis'' -Y' U.S.Attorney for the Middle District of.PA v Federal Building ,228 Walnut Street,Suite 220 �� PD Box 11754 �~ t.- Harrisbur:,PA I 7108-1754 �V._...'� .iF;... r **"" DAVID&LDRRIE SIMON C/O BRET PATRICK SHAFFER,ESQUIRE $0.45 .:';- ; 19W SOUTH ST I CARLISLE,PA 19013 " ', ' 3 %4D SIMON-(CUMB!RL ND)'--• `PITS t247354HU21. Psge.1._of 1- Writ Team $3.60 1 iraerol Total Numb,r o!P,tees rostinen.r.Per lime of the full declarioo ofvatte is renoucd on elldometnic and imomtont,registered mitt,The maximum indennhy pyIek ''' rted by Send. Revolved at last omno Receiving Employee) for or rempeo scsien of,wmegaabie&moment:wdetFap se Moil doe-unmet raconstmetioo Mumma is SS0.000par i piece s,bjcct to a limit of SSOC.000 pa occurrence.The maximum indemniv euva,k on Express Mail merchandise is$500, the nmitmm mdermity Toyabk is 525.000'or teglturod nail,son will optional innnanx.Sec Dam en:Mail Manual ROW 5913 tad S971 for limitations ofcooenge. 1 3877 Facsimile 3'_ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FREEDOM MORTGAGE CORPORATION : Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • DAVID SIMON LORRIE SIMON • No.: 12-7150-CIVIL Defendants ORDER AND NOW, this f-t day of)2i 013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $142,667.44 Interest Through January 1, 2014 $39,723.33 Late Charges $646.64 Legal fees $1,300.00 Cost of Suit and Title $1,641.22 Property Inspections $934.15 Property Preservation $3,724.80 Appraisal/Brokers Price Opinion $105.00 Mortgage Insurance Premium/Private Mortgage Insurance $2,518.21 Mortgage Insurance Premium to be paid prior to December $332.09 4, 2013 741188 • Escrow to be paid prior to December 4, 2013 $1,284.00 Escrow Deficit $22,072.79 TOTAL $216,949.67 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. } -= —4 v -n rntr ( In =r7:0 ofiC cn A coo .Gd "0 c-D"l c - , jjav;c ` L-orr;e- /Au>it Brek Pa` i--;e <SA4 Aer'(mss Pb eta;, Cep`, Ps tea . ltd I//f/,3 741188 .r S LG'i FEB 27 tal 10: 27 :J 1BFRLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Lauren R. Tabas,Esquire, I.D.No. 93337 Joseph E. DeBarberie, Esquire, I.D.No. 315421 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Freedom Mortgage Corporation : Court of Common Pleas 907 Sentara Way Suite 3 Mt. Laurel,NJ 08054 : Civil Division Plaintiff : Cumberland County vs. : No. 12-7150-Civil David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257-9403 Defendants MOTION FOR EQUITABLE CONVERSION AND TO CONFIRM SHERIFF'S SALE,NUNC PRO TUNC Plaintiff, Freedom Mortgage Corporation, by its attorneys, Phelan Hallinan, LLP, requests conversion of a mobile home to realty and confirmation of its Sheriff's Sale nunc pro tunc, and in support thereof avers the following: 1. On or about July 28, 2007, Defendants David Simon and Lorrie Simon made, executed and delivered a mortgage to Mortgage Electronic Registration Systems, Inc. as Nominee for Plaintiff in the principal sum of$146,160.00 for the property at 277 Neil Road, Shippensburg, PA 17257-9403, which mortgage was recorded on August 9, 2007 in the Office of the Recorder of Deeds of Cumberland County as Instrument Number 200731255. A copy of the mortgage redacted to remove confidential information is attached hereto, made part hereof, and marked as Exhibit "A". 2. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on June 20, 2011 in the Office of the Recorder of Deeds of Cumberland County as Instrument Number 201117272. A copy of the Assignment of Mortgage redacted to remove confidential information is attached hereto, made part hereof, and marked as Exhibit "A 1". 3. Defendants defaulted on the mortgage by failing to tender payments due January 1, 2010 and each month thereafter. 4. On or about November 26, 2012, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "B". 5. On or about March 4, 2013, Bret Patrick Shaffer, Esquire entered his appearance and accepted service of Plaintiffs Complaint on behalf of Defendants David Simon and Lorrie Simon. A true and correct copy of the acceptance of service is attached hereto, made part hereof, and marked as Exhibit "C". 6. Notice of intent to enter default judgment was sent, and judgment against Defendants subsequently entered on June 25, 2013. True and correct copies of the notice and praecipe for entry of default judgment are attached hereto, made part hereof, and marked as Exhibits "D" and "E", respectively. 7. On December 4, 2013 the property was sold at Sheriff's sale to the attorney on the writ. 8. Plaintiff is currently in the process of having the Sheriff's Deed recorded. 9. The property has been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 39-13-0102-033. The assessment records note that this property is a manufactured home. A true and correct copy of the tax assessment record is attached hereto, made part hereof, and marked as Exhibit "F". 10. On June 25, 2007, prior to the closing of the mortgage, the property was appraised at $160,000.00 for the land and house together. The appraiser noted that the house is a manufactured home attached to a permanent foundation, having towing hitch, wheels, and axles removed, and permanently connected to utilities. A true and correct copy of the appraisal is attached hereto, made part hereof, and marked as Exhibit "G". 11. It was the parties intention that the $146,160.00 loan be secured by a mortgage on both the land and the house. 12. As further evidence the mortgage was to encumber both land and home, the Defendants executed a Manufactured Home Rider and Manufactured Home Affidavit of Affixture as part of the Mortgage, wherein the parties agree that the home is permanently affixed to the real estate. See Exhibit A. 13. Plaintiff obtained photographs of the house which reflect a back porch and deck, landscaping, and a driveway which show the home's permanent affixation to the land. Attached hereto, made part hereof, and marked as Exhibit"H" are true and correct copies of the photographs of the subject property. 14. In addition, Plaintiff inquired of the Pennsylvania Department of Transportation ("PennDOT") and was informed that title to the mobile home was held by Defendant Lorrie Simon, who was formerly known as Lorrie A. Stouffer, but has since been cancelled. This is further evidence that the home is not mobile and that the Defendants intend the home to be permanently affixed to the land. True and correct copies of PennDOT's letter and prior deed are attached hereto, made part hereof, and marked as Exhibit "I" and "I 1", respectively. 15. Under Pennsylvania law, personal property, or chattels, are considered fixtures and part of the real estate when permanently affixed to the land. 16. Because the property is attached via foundation to the land, the parties intended that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. 17. Principles of equity dictate that the intent of the parties should govern. 18. Plaintiff is requesting the entry of a court order declaring the house as realty, so that when Plaintiffs sells the property, the buyer will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. 19. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Equitable Conversion and Order to the Defendants on February 18, 2014 and requested the Defendants concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "J". 20. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Christylee Peck entered an Order reassessing damages on November 8,2013. WHEREFORE, Plaintiff Freedom Mortgage Corporation respectfully requests that this Honorable Court enter an Order on this motion, that the property at 277 Neil Road, Shippensburg, PA 17257-9403 with a tax parcel I.D. number of 39-13-0102-033, be equitably converted to real estate by way of this motion, and not subject to separation from land, and that the Sheriff's Sale of this property held December 4, 2013 is CONFIRMED. PHELAN HALLINAN, LLP Date: (L 2- (j By: L en R. Tabas, Esquire Jo ph E. DeBarberie, Esquire Attorneys for Plaintiff PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D.No. 315421 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Freedom Mortgage Corporation : Court of Common Pleas 907 Sentara Way Suite 3 Mt. Laurel,NJ 08054 : Civil Division Plaintiff : Cumberland County vs. : No. 12-7150-Civil David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257-9403 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION AND TO CONFIRM SHERIFF'S SALE,NUNC PRO TUNC On or about July 28, 2007, David Simon and Lorrie Simon made, executed and delivered a mortgage upon the Property to Mortgage Electronic Registration Systems, Inc. as Nominee for Freedom Mortgage Corporation in the principal amount of$146,160.00. Mortgage Electronic Registration Systems, Inc. as Nominee for Freedom Mortgage Corporation delivered an Assignment of Mortgage to Freedom Mortgage Corporation. Defendants defaulted on the mortgage by failing to tender payments due January 1, 2010 and each month thereafter. On or about November 26, 2012, Plaintiff filed a complaint in mortgage foreclosure, and Defendant's Counsel accepted service of the complaint on or about March 4, 2013. Notice of intent to enter default judgment was sent, and judgment against Defendants subsequently entered on June 25, 2013. On December 4, 2013 the property was sold at sheriff's sale to the attorney on the writ. The property has been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 39-13-0102-033. Further investigation of the property was obtained by way of an appraisal report, and photographs were taken of the property, to ascertain the status of the real estate improvement. Since the house is a mobile home or a manufactured home, potential third party purchasers of the property may not be able to obtain insurable title. The fact that the house is a mobile home or a manufactured home is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the house as realty, so that Plaintiffs buyer of the property will acquire clear title to the house and land, and will be able to obtain an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. LEGAL ARGUMENT A. Chattels Affixed to Land Become Fixtures Thereon and Part of the Real Estate. The purchasers of the manufactured or mobile home intended that it be permanently affixed to the land and the parties to the Mortgage intended that the improvement be included as security for the mortgage loan. In Pennsylvania, a chattel can become a fixture through at least two ways: first, if the chattel is physically connected with real estate but is removable without destroying or materially injuring the chattel or the land, then the intention of the parties at the time of annexation controls, and second, if the chattel is annexed to the land in such a way that it cannot be removed without material injury to the land or itself then it is realty even despite a contrary intention. See Clayton v. Lienhard, 312 Pa. 433, 167 A. 321 (Pa. 1933); In re Appeal of Sheetz, Inc., 657 A.2d 1011, 1012-13 (Pa. Commw. Ct. 1995). Thus, there are at least three considerations to be made when determining whether or not a chattel becomes a fixture: (1) the manner in which the chattel is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement, and (3) the intention of the parties who attached or installed the chattel. See Sheetz, 657 A.2d at 1013 (quoting Gore v. Bethlehem Area Sch. Dist., 113 Pa. Commw. Ct. 394, 537 A.2d 913, 915 (Pa. Commw. Ct. 1988)). As the Superior Court noted, whether a manufactured or mobile home is "permanently attached to land" must be determined from all the facts and circumstances. See Lantz Appeal, 199 Pa. Super. 310, 184 A.2d 127, 129 (Pa. Super. Ct. 1962) (deciding whether house trailers at issue were real estate for tax assessment purposes). The permanence required does not mean perpetuity; intentions that the item is to remain until worn out, remain until the purpose of the realty is accomplished or changed, or remain until the item is superseded by another item more suitable for the purpose would be sufficient. See Custer v. Bedford County Bd. of Assessment & Revision of Taxes, 910 A.2d 113, 117 (Pa. Commw. Ct. 2006); Sheetz, 657 A.2d at 1013. Likewise, the mortgage covers the land and "all the improvements now or hereafter erected on the property." "Improvement" has been defined as a "permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs."See Groner v. Monroe Cnty. Bd. of Assessment Appeals, 569 Pa. 394, 803 A.2d 1270, 1273 (Pa. 2002) (quoting Spahr-Alder Grp. v. Zoning Bd. of Adjustment of Pittsburgh, 135 Pa. Commw. 561, 581 A.2d 1002, 1004 (Pa. Commw. Ct. 1990)) (deciding whether building renovations were "improvements" which would be cause for tax reassessment). Here, the purchasers of the manufactured or mobile home and the parties to the Mortgage have manifested their intent that the dwelling be permanently affixed to the land. Cf. 72 P.S. § 5020-201(a) (including as subject to taxation "all real estate, to wit: Houses, house trailers and mobilehomes buildings permanently attached to land or connected with water, gas, electric or sewage facilities . . . ."); Lower Merion Twp. v. Gallup, 158 Pa. Super. 572, 46 A.2d 35, 36 (Pa. Super. Ct. 1946) (finding that house trailers are simply "mobile houses [and] . . . as much a dwelling as any house" and are "dwellings" under building code). As to the manner in which the home is physically attached to the land, photographs of the Property show that there are a back porch and deck, landscaping, and a driveway; the interior of the dwelling is replete with the amenities of any other home. The home does not have any wheels or axels and would require effort and expense to detach and prepare for transit. The home cannot be removed without damaging the home by removing any utility hookups or by damaging the land by leaving an unused foundation and porch. Further, removal of the home would materially alter the character of the real estate. Unlike chattels considered in other cases, the home here is the entire building and is the essential use of the land. A manufactured or mobile home is installed so that the land may be used in a residential manner; without the home, the essential function of residential real estate fails. Finally, the intention of the parties at the time of annexation is seen through the nature of the improvement and its attachment to the land. Here, the owners of the land decided to purchase a manufactured or mobile home in order to use the Property as a residence. If they had constructed a home, there would be no question that the house was a fixture of the real estate. Further, the parties to the mortgage intended that the home would be a fixture and considered both the home and the land as part of the Property for appraisal and security purposes. The home is clearly an improvement to the land as it is an entirely new structure added to the land to enhance its value and increase its utility. Additionally, the Property has been assessed as improved property for real estate tax purposes. Therefore, the manufactured or mobile home is a fixture or improvement on the land which is encumbered by the mortgage, the home is part of the real estate, and title to the home should pass to the buyer on execution in this mortgage foreclosure action. B. Relief in Aid of Execution Pennsylvania Rule of Civil Procedure Number 3118 is designed to give the court"broad discretion to provide relief in aid of execution." National Recovery Systems v. Pinto, 18 D. & C.3d 684, 686 (Pa. Ct. Corn. Pl. 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; . . . (6) granting such other relief as may be deemed necessary and appropriate. Pa. R.C.P.No. 3118. As the Superior Court has stated, "the value of proceedings in aid of execution is that they provide a speedy means for the judgment creditor to obtain satisfaction of his judgment without resort to `full dress equity proceedings.'l7hadwin v. Krouse, 254 Pa. Super. 445, 386 A.2d 33, 37 (Pa Super. Ct. 1978) The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. See Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). Here, an underlying judgment was entered in favor of the Plaintiff and against the Defendants. Moreover, the mortgaged property at 277 Neil Road, Shippensburg, PA 17257-9403, was property of the Defendants and subject to attachment and execution. Therefore, Plaintiff is entitled to relief under Rule 3118 to aid in the execution of the property. Further, the Court may overlook any procedural deficiencies under Rule 126. In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. See Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas." Id. at 609. In support of its ruling, the court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." See Pa. R.C.P. No. 126. Here, the Defendants at all times were aware of all proceedings and were able to fully participate. However, the Defendants have not contested any of the proceedings. Requiring a separate action and would be a waste of judicial resources and would cause undue delay and additional cost to Plaintiff. C. Declaratory Relief Additionally, Pennsylvania Rule of Civil Procedure 1602 states that a party may include a prayer for declaratory relief in any action at law or in equity. Consistent with the law cited above, this rule permits Plaintiff's requested relief in a mortgage foreclosure action. The Declaratory Judgments Act states, "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. . . ." 42 Pa. C.S.A. §7532. Here, Plaintiff is seeking an order declaring the status of the house as realty, so that when Plaintiff sells the property, the buyer will acquire clear title. Section 7532 gives the Court the authority to make this declaration. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. See Doe v. Johns-Manville Corp., 324 Pa. Super. 469, 471 A,2d 1252, 1254 (Pa. Super. Ct. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. See Curtis v. Cleland, 122 Pa. Commw. 328, 552 A.2d 316, 318 (Pa. Commw. Ct. 1988). Accordingly, the Declaratory Judgments Act provides the Court with jurisdiction to declare the house as realty, to provide relief to the Plaintiff from the uncertainty associated with selling a mobile home or manufactured home to a third party. D. Equitable Principles Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well- settled principles of equity jurisprudence in cases under its jurisdiction. Cf. Cheval v. City of Philadelphia, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. Ct. 1935). Here, the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. WHEREFORE, Plaintiff Freedom Mortgage Corporation respectfully requests that this Honorable Court enter an Order on this motion, that the property at 277 Neil Road, Shippensburg, PA 17257-9403 with a tax parcel I.D. number of 39-13-0102-033, be equitably converted to real estate by way of this motion, and not subject to separation from land, and that the Sheriff's Sale of this property held December 4, 2013 is confirmed. Respectfully submitted: PHELAN HALLINAN, LLP B Date: Y L u en R. Tabas, Esquire Jos ph E. DeBarberie, Esquire Attorneys for Plaintiff y * J k* i r+ z " A. s - t 2' • • RECORDARETVI TO. EAST COAST ABSTRACT VY c AND,lll4 I$?4 '! 5-674-011111 Prepared By: Freedcrr. Mortgage Corporation 13500 Aincaid Drive, Suite 300 Fishers, IN 46037 FF n: � > Freedom r gog e Corporation, Attn: Final Documents F.C. Box 8001 tfishers, ltd 46038.8091 Parcel Number: 151301020333 Premises: 277 Neil Rd Shipper.sbury, PA 2725' _...._..._.._ --�(Space Above This Lime For Recording Data)- FIl4CueNn commonwealth of Pennsylvania MORTGAGE THIS MORTGAGE("Security instrument')is given onJu2y 28, 2007 The Mortgagor'u+David Simon , and Lo_r i e Simon husband and wife. ("Borrower"), This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. i")MRS"),(solely as nominee for Lester,as hereinafter defined,end Lender's successors and assigns),as mortgagee,MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Roe 2028,Flint,Mi 48501-2028,tel.(888)6794MRS.Freede'r nortgage ^or-pmat: ... ("Lender")is organized and existing under the laws of In st ate of New jet sey .and has an address of 10500 Rin.^aid Drive, Suite 30C, Fisher's, IN 46037 Borrower owes Louder the principal seem of Ord H'ru7reid Forty Six Thousand One Hundred Sixty and 00/100 Dollars(V.S_$ 146.160.00 ,,��//mm�a��FHHA Foamy/vs/ea Mortgage with i�RS-4i% :::son M a 6/02"Yr Xlutow.Irs.I6D:l6/w.»P1 00111/Orli(I 0.11•47 not <,I IMRFRI AND 110)INTY Inst.#200731255-Page 1 of 16 This debt is evidenced by Borrower's note dated the seine date as this Security Instrument("Note"),which provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 1, 2037 .This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note; (b)the payment of all other rums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument; and (a) the performance of Borrower's covenents and agreements under this Security instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convey to MERS(solely as nominee for leader and Lender's successors and assigns)and to the successors and assigns of MERS,the following described property located in Cumbc rland County,Pennsylvania: See a[cached legal description. which has the address of 27' Ne t I Rd intact; Shippensb„rg (car).Pennsylvania -723'7 )zip Creel i"Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements. appurtenances and fixtures now yr hereafter a part of the property. All replacements and additions shall also be coveted by this Security 'Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Insrrutrient;but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns),has the right: to exercise any or all of those interests,including,but not limited to,the right to foreclose and sell the Property,and • to take any action required of Lender including,but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has • the tight to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property o,,,, a.vs , via rntsRFRIaninCOlmNTY Inst.#200731255-Page 2 of 16 Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1.Payment of Prindpai,Interest and Late Charge.Borrower shall pay when due the principal of, and interest on,the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, lrrurance and Other Charges. Borrower shall include is each monthly payment,together with the principal and iaterest as set forth in the Note and any late charges,a sum for (a) taxes and special aseeasments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property,and(c)premiums for inauraxe required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development('Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument,tech monthly payment shall also include either:(i)a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,or(ii)s monthly charge instead of a mortgage insurance premium if this Security instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary.Except for the monthly charge by the Secretary,these items are called'Escrow Items'and the sums paid to Lender are called'Escrow Funds.' Lender may.at any time,collect and hold amounts for Escrow Items in an aggregate aruount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C.Section 2601 et seq.and implementing regulations,24 CFR Part 3500, as they may be amended from time to time("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts duo for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums,Borrower's account shall be credited with the balance remaining for all installment items (a), (b). and(c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary,and Lender shall promptly refund any excess funds to Borrower.Irrnnediately prior to a foreclosure sale of the Property or its acquisition by Lender,Borrower's account shall be credited with any balance remaining for all installments for items(a). (b),and(c). 3,Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows' First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second,to any taxes, special assessments, leasehold payments or ground rents,and tire, flood and other hazard insurance premiums,as required; Third,to interest due under the Note; Fourth,to amortization of the principal of the Note;and Fifth,to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or eubaequently erected, against any hazards, casualties, east contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in noi1 vi(1+n n.01,47 t ti ('I IMRPAI AM')nfll INTY Inst.#200731255•Page 3 of 16 the amounts and for the periods that Leader requires.Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected,against loss by floods to the extant required by the Secretary. An insurance shall be carried with companies approved by Lender. The insurance • policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to,Lender. • In the event of loss,Borrower shall give Lender immediate notice by mail.Lender may make proof of lass if not made promptly by Borrower. Each insurance company concerned is hereby authorized and • directed to make payment for such loss directly to Lender,instead of to Borrower and to Lender jointly. An or any part of the insurance proceeds may be applied by Lender, at its option, either(a) to the reduction of the indebtedness under the Note and this Security Instrument,first to any delinquent amounts applied in the order in paragraph 3,and then to prepayment of principal,or(b)to the restoration or repair of the damaged Property.Any application of the proceeds to the principal shall not emeriti or postpone the due date of the monthly payments which tae referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness,all right.title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;Leaseholds.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument(or within sixty days of a later sale or transfer of the Property) and shall contimte to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender determines that requirement will, cause undue hardship for Borrower, or unless extetwsting circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy,damage or substantially change the P,op.rty or allow the Property to deteriorate, reasonable wear and tear excepted.Lender may inspect the Property If the Property is variant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower,during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Leader with any material information)in connection with the loan evidenced by the Note,including,but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence.if this Security Instrument is on a leasehold,Borrower shall comply with the provisions of the lease.If Borrower acquires fee title to the Property,the leasehold and foe title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or cousequential, le onnection with any condemnation or other taking of any part of the Property,or for conveyance in place of condemnation,are hereby assigned and shall be paid to Leader to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3,and then to prepayment of principal.Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. n,ru: 5 =-4Nt PA l t05o2 r N."e,,o na,,,ron,n 0.05,A7 055 r-i tCSRFt1 nr.rn rni intro Inst.#200731255-Plot 4 of 16 7.Charges to Borrower and Protection of Lender's Rights in the Property.Borrower shall pay all governmental or municipal charges,fines and impositions that are not included in paragraph 2.Borrower shall pay these obligations on time directly to the entity which is owed the payment.If failure to pay would adversely affect Lender's interest in the Property,upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. if Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,for condemnation or to enforce laws or regulations),then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes,hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement,at the Note rate,and at the option of Lender,shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contorts in good faith the lien by, or defends spinet enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any pan of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8.Fees.Lender may collect fees and charges authorized by the Secretary. 9,Grounds for Acceleration of Debt. (a)Default.Lender may,except se limited by regulation.issued by the Secretary,in the ease of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i)Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due dais of the next monthly payment,or (ii)Borrower defaults by failing,for a period of thirty days,to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Gam.St. Germain Depository Institutions Act of 1982. 12 U.S.C. 1701j-3(d))and with the prior approval of the Secretary.require immediate payment in full of all sums secured by this Security Instrument if; (i) All or part of the Property, or a beneficial interest in a oust owning all or part of the Property,is sold or otherwise transferred(other than by devise or descent),and (ii)The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c)No Wainer.if circumstances occur that would permit Lender to require immediate payment in full,but Lender does not require such payments,Lender does not waive its rights with respect to subsequent events. ®AMPA1 roses, °-P.•'`o ,11.7,., ,,,,, o„ ,17 NA ri ISIRGai Ann rani IN1'Y Inst.#200731255-Page 5 of 16 (d)Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights,in the Case of payment defaults,to require immediate payment in full and foreclose if riot paid.This Security Instrument does riot authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e)Mortgage Not Insured.Borrower agrees that if this Security lnstrumeot and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof,Leader may,at its option,require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof,declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility.Notwithstanding the foregoing,this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10.Reinstatement.Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument.This right applies even after foreclosure proceedings are instituted. To reinstate the Security instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower enter this Security Instrument, foreclosure costs and reasonable and customary attorneys'fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower,this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full, However, Lender is not required to permit reinstatement if; (1) Lender has accepted reinstatement after the wrmttencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding. (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be•waiver of or preclude the exercise of any right or remedy. 12.Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of paragraph 9(b).Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 10�-aatr ,.00.0 el w 0.21,7 Aen ri tremFat Ann rni INTY Inst.#200731255-Page 6 of lei • 13. Notices. Any notice to Borrower provided for in this Security instrument snail be given by delivering it or by mailing it by Brat class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severabiity.This Security Instrument shall be governed by Federal law And the law of the juriediotlon in which the Property is located.In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 15.Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instrument. I .Hazardous Substances.Borrower shall not cause or permit the presence,use,disposal,storage, or release of any Hazardous Substaces on or in the Property. Borrower shall not do, nor allow anyone else to do,anything affecting the Property that is in violation of any Envirotunental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written ratite of any investigation,claim, demand,lawsuit or other action by any governmental or regulatory agency or private patty involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.If Borrower learns, or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law'means federal laws and laws of the jurisdiction whore the Property is located that relate to basins,safety or environmental protection. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 17.Assignment of Rents.Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property.Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower.This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. if Lender gives notice of breach to Borrower: (a)all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the suns secured by the Security Instrument;(b)Lender shell be entitled to collect and receive all of the rents of the Property;seal(c)diets CIN(PAI 10507, r,q>of tO 00/11J9nin R- 1-A7[IAA r1 lMAPPI ANt)COUNTY Inst.#200731255-Page 7 of 16 tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the tents and has not and will not perform any act that would prevent Lender from exercising its rights wader this paragraph 17. Lender shall not be required to enter upon,take control of or maintauc the Property before or after giving notice of breach to Borrower.However,Lender or a judicially appointed receiver may do so at any time there is a breech.Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender.This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment In full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this paragraph l8,including,but not limited to,attorneys'fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment In full wader Paragraph 9, the Secretary may Invoke the nosl[udidal power of sale provided in the Single Family Mortgage Foreclosure Act of 1994("Act") (12 G.S.C. 3751 et seq.) by requesting a fo eciosure commissioner designated under the Act to curnmtatte foreclosure and to sell the Property as provided In the Act.Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or • applicable law, 19.Release.Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and become void.After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower.Borrower shall pay any recordation costs. 20. Waivers.Borrower,to the extent permitted by applicable law,waives and releases any error or • defects in proceedings to enforce this Security lmtrwnent,and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time,exemption from attachment,levy and sale, and homestead exemption. 21.Reinstatement Period.Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Mammal shall be a purchase money mortgage-. 23.Interest Rate After JudgsnuuL Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if rte rider(s) were a pars of this Security Instrument.[Check applicable box(es)). • HCondominium Rider Growing Equity Rider []Other[specify] Planned Unit Development Rider Crraduated Payment Rider yi„rmrKh 105021 r.w u or 19 „o/,,,•>,,., 0-'21-A7 nest f.I ItARFRI ANTI fall INTY Inst.#200731255-Page 8 of 16 BY SIGNING BELOW, Borrower accepts and agrees to the teens contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it Witnesses: .r+ David SimonBonuwcr rY/ t l (Seal) • rie Simon -BOnowcr (Seal) ---__.___T.._ . (Seal) Bonowtt •Borrower - (Seal) _. (Seal) Borrower -Bonown _._...._� (Seal) (Seal) _. .Bertnwer -Bonowu Py�Dof IC ate nnn�ron�n a,11,A7 Al)■ rrt lMRFRl ANn rni lNTY Init,#200731255-Page 9 of 16 COMMONWEAL'OF PENNSYLVANIA, Cumber.ia nd County ss: On this, sap.. day at '7u Is. ZGCT7 ,before me,the undersigned officer, personally appeared Gw d t5,fro c ¢ L-r)rne Sifrwi) known to me(or satisfactorily proven)to be the person(s) whose namc(s)V,'ate subscribed to the within instrument and acknowledged that-{roblithey executed the same for the purposes herein contained, IN WITNESS WHEREOF,I hereunto set my .yd official seal. My Commission Expires: p ANOVA F WNW Notary Public --- Talc el Officer f$OITIWAMMON 1 FIN COUNTY My Commission ESN Oct 7, 2000 ■ Certificate of Residence 'j U ,do hereby certify that the correct address of the within-named Mortgagee is P.O.box 2026,Flint,MI 48501-2026. Witness my hand this day �t 4t-si Axof Montag.. Way-.....- ool, P. +e r\on.r,1n1n u.o+ nv nnn f i mnRFaf onm rani INTY Inst.#200731255-Page 10 of 16 ALL THAT CERTAIN lot of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described according to Final Subdivision Plan of"Walnut Grove" for John Billman, prepared by Whitlock and Hartman. dated February 2, 1981 and recorded in Cumberland County Plan Book 31, Page 59, as follows,to wit: BEGINNING at an iron pin in the centerline of Cleversburg Road (L.R. 21050) and the Southwestern corner of Lot 2 on the above-referenced Plan; thence along said Lot 2. North 74 degrees, 27 minutes, 27 seconds East 186.00 feet to an iron pin in line of other lands of the Grantor;thence along said other lands of the Grantor,South 13 degrees; OS minutes, 02 seconds East 135.62 feet to a concrete monument; thence along Lot 4 on the above- referenced Plan, South 81 degrees, 44 minutes, 12 seconds West 174.64 feet to an iron pin in the centerline of Cleversburg Road (L.R. 21050); thence along the centerline of said Cleversburg Road (L.R. 21050) North 21 degrees, 30 minutes, 14 seconds West to an iron pin; thence along the centerline of said Cleversburg Road (L.R. 21050)on a line curving to the right and having a radius of 500.00 feet and an arc length 5164 feet to a point,the place of BEGINNING. Being Lot 3 on the above-referenced Plan. ALL THAT CERTAIN lot or land situate in Southampton Township, Cumberland County Pennsylvania, bounded and described according to Final Subdivision Plan of for John H. Billman,prepared by Eric L. Diffenbaugh,dated April 3, 2000, revised April 25, 2000 and recorded in Cumberland County Plan Book 81, Page 56 and 56A, as follows to wit: Beginning at an existing bolt at the corner of the aforesaid Lot 43 and #2 and 2A; thence along the said Lot#2A North 74 degrees 39 minutes, 40 seconds East, 139.92 feet to an iron pin set at lands now or formerly of John H. Billman:thence along said Billman land, on a curve to the left having a radius of 746.80 feet, a chord of 153.10 feet on a bearing of South 08 degrees, 51 minutes 56 seconds East,for an arc distance of 153.37 feet to a set iron pin at the corner of Lot #4A of the above-mentioned subdivision plan. thence along the dividing line of Lot #3A and to Lot 44A, South 82 degrees 02 minutes 04 seconds West, 129.71 feet to an existing bolt at the corner of Lot 3 above described; thence along the dividing line of Lot #3 and 3A, North 12 degrees 46 minutes 53 seconds West, 135.61 feet to an existing bolt,the point and place of beginning. BEING Part of Lot 3A on the above-referenced plan. BEING THE SAME PREMISES which MARLENE P. BILLMAN, married woman, by Indenture bearing the date of 10-19-00 and recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland, COMMONWEALTH OF PENNSYLVANIA on 10/31/00 in Book 232 Page 1054 granted and conveyed unto LORRIE A. STOUFFER,unmarried. AND Whereas LORRIE A. STOUFFER n/b/m LORRIE SIMON by Indenture bearing the date of January 4, 2006 and recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland, COMMONWEALTH OF PENNSYLVANIA on January 18, 2006 in Book 272 Page 4016 granted and conveyed her interest unto LORRIE SIMON and DAVID SIMON,Wife and Husband,their Heirs and Assigns, in fee. Parcel No.39-13-0102-033 nai1iion1n as1 A7 AAA RIIMRFR■ANTI(:(MINTY Inst.#200731255-Page 11 of 16 MANUFACTURED HOME RIDER TO SECURITY INSTRUMENT THIS MANUFACTURED HOME RIDER is made this 28th day of July, 2007 and is incorporated into and shall be deemed to amend and supplement that certain Mortgage, Deed of Trust or other Security Instrument (the "Security Instrument") of the same date hereof given by the undersigned (the "Borrower(s)") to secure Borrower's Promissory Note to Freedom Mortgage Corporation (the "Note Holder") of the same date hereof (the "Note"), and relating to the property described in the Security Instrument and located at: 277 Neil Rd Shippensburg, PA 17257 The following provisions are applicable to the Security Instrument: I. DESC$IPTION OF PROPERTY.The description of the Property set forth in the Security Instrument is amended to include but not be limited to the following described manufactured home and any accessories and accessions thereto which are permanently affixed to the real estate: Make: Redman Romeo Model: Shadow RdgeE502 Serial Number: 12234o55/A/8763/5OsD-2502 Executed this Zsthday of July, 2C07 _ 11��i✓ht_ �..r tit orrower David Simon }� LOZrle Simon Borrower Torrower Borrower Borrower U■rrnwer Borrower 014u-t.46-vs, .- 09.06 0oa1e73�3a ()Ar91nnui 74'71.47 ann (0IMRFRI ANn MINTY Inst.#200731255-Page 12 of 16 • MANUFACTURED HOME AFFIDAVIT OF AFFIXTURE • STATE OF PennS11tkt l ) ) ss.: COUNTY OF Cuirb€ria ) BEFORE ME,the undersigned notary public,on this daypersonally appeared known to me to be the person(s)whose name(s)is/are subscribed below(each a "I lomeowner"),and who,being by me first duly sworn,did each on his or her oath state as follows: I. I-Comeowner owns the manufactured home("Home") escribed as follows: X797 'RFJ, SS ,4i44,�'�t �� /.2.1-3V(153-1.40 New'U6ed Year M■sursttorer's Nome Model N tins and Mode too. Ma,uI c irer's Strict No. Length/Width Manufacturer's List Price S 7siatiO.cam. 2 The Home was built in compliance with the federal Manufactured Home Construction and Safety Standards Act. 3. If the Homeowner is the first retail buyer of the Home,Homeowner is in receipt of(i) the manufacturer's warranty for the Home,(ii)the Consumer Manual for the Home, (iii)the Insulation Disclosure for the Home,and(iv)the formaldehyde health notice. 4. The Home is or will be located at the following"Property Address": el 277 it1r'a Rd Pi ...5hi'Q _ c ( nsi Lo„� t . / ;?5"7 Street or Route City r7r twisty SUIT Zip Code 5. The legal description of the�r9ealproperty where the Home is or will be permanently affixed("Land")is:f�lp` 7. 57[ns 6. The Homeowner is the owner of the Land or,if not the owner of the land,is in • possession of the real property pursuant to a lease in recordable form,and the consent of the lessor is attached to this Affidavit. 7 The Home[✓1is j )shall be anchored to the Land by attachment to a permanent foundation,constructed in accordance with applicable state and local building codes and manufacturer's specifications in a manner sufficient to validate any applicable manufacturer's warranty,and permanently connected to appropriate residential utilities (e,g.,water,gas,electricity,sewer)("permanently affixed"). The Homeowner intends that the Home be an immoveable fixture and a permanent improvement to the Land. 8. A Homeowner shall initial only one of the following,as it applies to the tax status of the Home (_t, 'The Home has not previously been assessed and taxed in this state as personal property. • ] The Home shall be assessed and taxed as an improvement to the Land. The name and address of the person to whom the last tax statement for the mobile home was sent Page 1 of 3 no'ti tan,n ■. , A7 ANA r,I IhARFRI ANfl rot INTY {nsl.#200731255-Page 13 of 16 is: the location of the Home when it was last taxed was: 9. Homeowner agrees that as of today,or if the Home is not yet located at the Property Address,upon the delivery of the Home to the Property Address: (a) All permits required by governmental authorities have been obtained; (b) The foundation system for the Home was designed by an engineer to meet the soil conditions of the Land. All foundations are constructed in accordance with applicable state and local building codes,and manufacturer's specifications in a manner sufficient to validate any applicable manufacturer's warranty. (c) The wheels,axles,towbar or hitch were removed when the Home was placed on the Land: (d) The home is(i)permanently affixed to a foundation,(ii)has the characteristics of site-built housing,and(iii)is part of the Land;and le) The Home is permanently connected to a septic tank or sewage system and other utilities such as electricity,water and natural gas. 16.This Affidavit is executed by Homeowner(s)pursuant to applicable state law. IN WITNESS WHEREOF,Homeowner(s)has executed this ffdavit in my presence and in the presence of the under-tried witnesses on this J$ day of u __. .02DC / qtr — — owner#1 Witness Homeowner#2 Witness STATE OF PPt1t7SyIUan Ct�altier COUNTY OF r�±� 1, A nee I c4_ F Unger ,a Notary Public of the aforesaid County and State,do hereby certify that Homeowners personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 7witness or hand and official stamp or seal, N / • Notary Sir, attire ,, Notary Printed Name Notary Public;State of P/9 y _ Qualified in the County of_ i.V7 ¢2'1 9 My commission expires: / 7 7 Ca'' �,.. .. $OUKUL REAL ANOKLA f Wen NWOfy Public $OY11MM PION TW►,FRANKLIN COUNTY My Commtmlon Rayne.Oct 7, 2004 + Page 2 of 3 nan vwmn a 11 47 AAA CI IMRFRI,AND COUNTY Inst.#200731255-Page 14 of 16 Lenders Statement of Intent: The undersigned ("Lender") intends that the Home be an immoveable fixture and a permanent improvement to the Land. FREEDOM MORTGAGE CORPORATION i . � ' / By: A i Authorized Sig f to - STATE OF7 f\s..cQ. v K. ) )�,�,� --0 ss.; COUNTY OF I, "\--") , �ec).„. \L 'e ,a Notary Public of the aforesaid County and State,do hereby certify that an authorized office of Freedom Mortgage Corporation personally appeared before me this day and acknowledged the due execution of the foregoing instrument. . C. itness my hand and icial sta p or se I, ota)t- natture �s:\ ---"\-2_,_\ �_cA Notary Printed Name r , - . • TJIRY f K . ` .z fci ''T11Rr PI if r Di IUDiANIr Notary Public; State of .( `c-, 1 Gt G� � s`" %'; 'IAR CN rno% Qualified in the County of cA,-�-� t 0 Y1 ^,„F�-.° N t:r'O:.,0f :x: JO,I7 227Dii My commission expires: —2– ) `C2____ ATTENTION COUNTY RECORDER. This instrument covers goods that arc or arc to become fixtures on the Land described herein and is to be filed for record in the records where Security instruments on real estate are recorded. Page 3 of 3 nar1 v,n1n C1,11,47 Aan r.1 IAARFRI ANC COUNTY Inst.#200731255-Page 15 of lb ROBERT P. ZIEGLER RECORDER OF DEEDS T` CUMBERLAND COUNTY ss � 1 COURTHOUSE SQUARE -:7j CARLISLE, PA 17013 Y . , ✓ �``` •717-240-6370 • {' _ A — • Instrument Number-200731255 Recorded On 8/9/2007 At 11:52:26 AM *Total Pages- 16 *Instrument Type- MORTGAGE Invoice Number- 1762 User ID-AMS *Mortgagor-SIMON,DAVID *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. *Customer-EAST COAST ABSTRACT INC *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES - $33.50 RECORDER OF DEEDS now I page This a is part AFFORDABLE HOUSING $11.50 p P COUNTY ARCHIVES FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $60.50 I Certify this to be recorded in Cumberland County PA RECORDER 0 D DS _-- "-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0000zc III!l f llll 111111. '10111✓10110 0•0+•017 Ann ri)AMRFRI AN()Rf111NTY Inst.#200731255-Page 16 of 16 a . - 4 _ - � � 1. ': - - - I. ' f n, l'. ; - • 1:; - l,,, - . NEVI1 � OO2AVA ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR FREEDOM MORTGAGE CORPORATION,its successors and assigns,1901 E Voorhees Street,Suite C,Danville,IL 61834,P.O.Box 2026,Flint,MI 48501-2026,1-888-679-6377,hereinafter"Assignor"the holder of the Mortgage hereinafter mentioned,for and in consideration of the sum of ONE DOLLAR(51.00)lawful money unto it in hand paid by FREEDOM MORTGAGE CORPORATION,"Assignee,"the receipt whereof is acknowledged,has granted, bargained,sold,assigned,transferred and set over unto the said Assignee,its successors and assigns,ALL THAT CERTAIN Indenture of Mortgage given and executed by DAVID SIMON and LORRIE SIMON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR FREEDOM MORTGAGE CORPORATION,its successors and assigns,bearing the date 07/28/2007,in the amount of$146,160.00,said Mortgage being recorded on 08/09/2007 in the County of CIIM RERLAND,Commonwealth of Pennsylvania,in Mortgage Instrument No.20073125 Being Known as Premises:277 NEIL ROAD,SHIPPENSBURG,PA 17257-9403 Parcel No:39-13-0102-033 The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to the Assignor. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand,in and to the same: TO HAVE,HOLD,RECEIVE AM)TAKE,all and singular the hereditament$and premises granted and assigned,or mentioned and intended so to be,with the appurtenances unto Assignee,its successors and assigns,to and for its only proper use,benefit and behoof forever; subject, nevertheless,to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF,the said':Assignor"has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this(,,¢ day of ,2011. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR FREEDOM MORTGAGE CORPORATION,its successors and assigns By: _ _ i./, . 4_._ Sealed and Delivered Carole L.Bass,Vice Pr• s ent in the presence of us; State of Virginia ss, City of Virginia Beach (( • On this day of 1`- --� ,2011,before me,the subscriber,personally appeared Carole L. Bass, who acknowledged her to be the Vice President of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR FREEDOM MORTGAGE CORPORATION, its successors and assigns, and that he, as such Vice President,being authorized to do so,executed the foregoing instrument for the purposes therein contained. '%p"ntl'igs IN S W' I"O,,I hereunto set my hand and official seal. 4. sz,Nr) 11141:$. • • C=1 tst i FQ A /y� ' A I titA 2 y 0 °•0 : All that certain lot of land situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described according to Final Subdivision Plan of'Walnut Grove' for John Billman, prepared by Whitlock and Hartman, dated February 2, 1981 and recorded in Cumberland County Plan Book 41, Page 59, as follows, to wit: Beginning at an iron pin in the centerline of Cleversburg Road(L.R. 21050) and the Southwestern corner of Lot 2 on the above-referenced Plan; thence along said Lot 2,North 74 degrees,27 minutes, 27 seconds East 186.00 feet to an iron pin in line of other lands of the Grantor; thence along said other lands of the Grantor, South 13 degrees, 05 minutes, 02 seconds East 135.62 feet to a concrete monument; thence along Lot 4 on the above-referenced Plan, South 81 degrees, 44 minutes, 12 seconds West 174.64 feet to an iron pin in the centerline of Cleversburg Road (L.R. 21050); thence along the centerline of said Cleversburg Road (L.R. 21050)North 21 degrees, 30 minutes, 14 seconds West to an iron pin; thence along the centerline of said Cleversburg Road (L.R. 21050) on a line curving to the right and having a radius of 500.00 feet and an arc length 53.64 feet to a point, the place of Beginning. Being Lot 3 on the above-referenced Plan. All that certain lot of land situate in Southampton Township, Cumberland County Pennsylvania, bounded and described according to Final Subdivision Plan of for John H. Billman,prepared by Eric L. Diffenbaugh, dated April 3, 2000, revised April 25, 2000 and recorded in Cumberland County Plan Book 81, Page 56 and 56A, as follows to wit: Beginning at an existing bolt at the corner of the aforesaid Lot#3 and#2 and 2A; thence along the said Lot#2A North 74 degrees 39 minutes,40 seconds East, 139.92 feet to an iron pin set at lands now or formerly of John H. Billman; thence along said Billman land, on a curve to the left having a radius of 746.80 feet, a chord of 153.10 feet on a bearing of South 08 degrees, 51 minutes, 56 seconds East, for an arc distance of 153.37 feet to a set iron pin at the corner of Lot #4A of the above-mentioned subdivision plan; thence along the dividing line of Lot#3A and to Lot#4A, South 82 degrees 02 minutes 04 seconds West, 129.71 feet to an existing bolt at the corner of Lot#3 above described; thence along the dividing line of Lot#3 and#3A,North 12 degrees 46 minutes 53 seconds West, 135.61 feet to an existing bolt, the point and place of beginning. Being Part of Lot 3A on the above-reference plan. THE PROPERTY IDENTIFICATION NUMBER FOR THE ABOVE DESCRIBED PARCEL IS 39-13-0102-033. Being the same premises which Marlene P. Billman, married woman, by Indenture dated 10-19- 00 and recorded 10-31-00 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 232 page 1054, granted and conveyed unto Lorrie A. Stouffer, unmarried. ROBERT P. ZIEGLER RECORDER OF DEEDS ;"• CUMBERLAND COUNTY ~*; w 1 COURTHOUSE SQUARE t116.2..,_:._ it' ' - � i p CARLISLE, PA 17013 ' - 717-240-6370 .•' = t i! 2 11 , .-.-,--,,e. .s- :,. Instrument Number-201117272 Recorded On 6/20/2011 At 10:59:10 AM *Total Pages-3 *Instrument Type-ASSIGNMENT OF MORTGAGE Invoice Number-88629 User ID-ES *Mortgagor-SIMON,LORRIE *Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC *Customer-PHELAN HALLINAN &SCHMIEG LLP *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA 1.4 of CUMeF ''.Fri, RECORDER O D EDS 1730 *-Information denoted by an asterisk may change during • the verification process and may not be reflected on this page. 002AVA 111 1111 11111 111 ._ r: . . ,, . G,. K £v : :.. - . p, ,4. , .. '' �` ,, ,.. --r o N °ca PHELAN HALLINAN&SCHMIEO,LLP Allison F.Wells,Esq.,Id.No.309519 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 • 215-563-7000 FREEDOM MORTGAGE CORPORATION 907 SENTARA WAY SUITE 3 COURT OF COMMON PLEAS MT.LAUREL NJ,08054 CIVIL DIVISION Plaintiff v. TERM 041:t/DAVID SIMON NO. lo(`—( I 54 LORRIE SIMON 277 NEIL ROAD CUMBERLAND COUNTY SHIPPENSBURG,PA 17257-9403 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE vvr. ., a .Ai wro fin os a tun end 414;17 correct copy oft the originat Sad of word �. File 4: 247354 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet cumBERLAND County Docket No , * The information collected on this firm is used solely for court administration purposes. This JOrm does not Nupplemeni or replace the11lin,c;and service ot pleading.s.(ii other pap,:is as reptired by law or rules oi court, S Commencement of Action: c/ SEI Complaint D Writ of Summons Li Petition E D Transfer from Another Jurisdiction CI Declaration of Taking C Lead Plaintiff's Name: FREEDOM MORTGAGE Lead Defendant's Name: DAVID SiMON T CORPORATION 1 Dollar Amount Requested: El within arbitration limits Are money damages requested? 0 Yes El No 0 (Cheek one) DI outside arbitration limits N is this a Class Action Suit? 0 Yes F21 No Is this an MD,11 Appeal? E Yes [ J No Name of Plaintiff/Appellant's Attorney: Allison F. Wells,_,Esq:Jd, No.309519,Phelan fiallinan & Sehmie&LLP A Fl Check here if you have no attorney (are a Self-Represented (Pro Sej litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. _ . TORT(do not include Mass Tort) CONTRACT(do riot include Judgments) CIVIL APPEALS E] Intentional 0 Buyer Plaintiff Administrative Agencies Cl Malicious Prosecution El Debt Collection: Credit Card Li Board of Assessment Li Motor Vehicle El Debt Collection:Other Ii Board of Elections Li Nuisance 0 Dept.of Transportation Li Premises Liability' 0 Statutory Appeal: Other Li Product Liability(does not S include mass tort) U Employment Dispute: Li Slander/Libel/Defamation Discrimination E El Other: 0 Employment Dispute: Other 0 Zoning Board C EJ Other T , , . I MASS ToRT — ---- Li Other: 0 Li Asbestos N t I lobacco Ell Toxic Tort- DES "-' Li Toxic'fort- Implant REAL PROPERTY MISCELLANEOUS ' ' LI Toxic Waste 0 Ejectment 0 Common Law,Slatutory Arbitration 1.3 D Other: El Eminent DomainiCondemnation El Ground Rent Li Landlord/Tenant I)ispute , A D Declaratory Judgment 11. Mandamus I 1 Non-Domestic Relations Mortgage Foreclosure: Residential Restraining Order • PROFFSSIONAL IAB 0 Mortgage Foreclosure: Commercial Li Quo Warranto LHATY _ Li Partition J Replevin L.1 Dental 0 Quiet Title fi Other: 0 Legal 0 Other: D Medical U Other Professional: 1 , . I Pa.KC.P. 2055, 1`,11.4ated 01/0 I/201 f PHELAN HALLINAN&SCHMIEG,LLP Allison F. Wells,Esq.,Id.No.309519 1617 MK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FREEDOM MORTGAGE CORPORATION 907 SENTARA WAY SUITE 3 COURT OF COMMON PLEAS MT. LAUREL NJ, 08054 CIVIL DIVISION Plaintiff v. TERM DAVID SIMON LORRIE SIMON 277 NEIL ROAD CUMBERLAND COUNTY SHIPPENSBURG,PA 17257-9403 Defendants CIVIL ACTION- LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against yotL You are warned that if you fail to do so,the case may proceed without you. and a judgment may be entered against you by the Court without ftirther notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER'10 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTU BELOW. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING /\ LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, T}DS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCiES ThAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY ATTORNEY REFERRAI. CUMBERLAND COUNTY BAR.ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 • -- ' . ~~. -'-~-~- ~— Plaintiff is FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE SUITE 3 MT. LAUREL, NJ 08054 2. Tbunaouc(u) uod last known address(es)of the Du{enduni(u) uro: DAVID SIMON LORRIE SIMON 277 NEIL ROAD Q}8P9ENSBURG,PAl7257'940] vvhuia/uzecbe /nurtguQur(m) m`d/ozreu| "vvucr(o) ofU/cpooportybczciouftcrdeucdbed. 1. UnO7/28/2O07 DAVID 8IMON and L0R<IB3[M0T4 made, executed and delivered x mortgage upon the premises hereinafter described to MORTGAGE ELECTR.ONIC REGISTRATION SY8l'EMS, INCORPORATED /\8 /\ NOMINEE FOR FREEDOM MORTGAGE CORPORATION ITS SUCCESSOR.S AND ASSIGNS which mortgage is recorded io the Office uf the Recorder ofiDendooFCUM| 6RLANDCounry, hn Mortgage Instrument No. 200731255. By Assignment o[Mortgage recorded 06/2O/2O] | the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage instrument No. 2011l7272.'ihc mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/07/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified � . ~ -,_.~~~~_ —._�~_-,- . by written notice sent to Mortgagor, the entire principal balance and all interest due thereon arc collectible forthwith. 6 -Fhe following amounts are due on the mortgage uxof \O/0|/20l2: Principal Balance $142'66744 Interest $27,807.07 l2/0l/2UO9 through L0/Ol/28|2 Late Charges $646.64 Property Inspections $534.15 Property Preservation $2,087.00 Mortgage Insurance Premium / $56.09 Private Mortgage Insurance Escrow Deficit $19A9A7 TOTAL $I93,380.26 7. Plaintiff is not seeking a judgment of personal liability (or an iop*mopamjudgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. if Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to Ibreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8 Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursnuottu /\ot9lu{lgQ3, uo *mondodin 2()08" and/or Notice o[Dctau/tus required by the mortgage document, as applicable, have been sent to the Dekndant(s)on the date(s) set forth tb*reou, and the temporary stay as provided by said notice has terminated because Delendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Y. Ihis action does not come under Act 91 of 1983 because the mortgage is FRA insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $193,388.26, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN By: ./ .4--; l Esq., Id. No.309519 Attorney for Plaintiff File q: 247351 LEGAL DESCRIPTION All.THAT CERTAIN lot of land situate in Southampton 1hwnubi , Cumber|mudCmuuty, Pennsylvania. bounded and descnbed according to Final Subdivision Plan of'Walnut Grove for John Biliman, prepared by Whitlock and Hartrnan, dated February 2, 1981 and recorded in Cumberland County Plan Book 3l, Page 59, uu follows, towit: BEGINNING at an iron pin in the centerline of Cleversburg Road (E.R. 21050) and the Southwestern corner of Lot 2 on the above-referenced Plan; thence along said Lot 2, North 74 degrees, 27 minutes, 27 seconds East 186.00 feet to an iron pin in line of other lands of the Grantor; thence along said other lands of the Grantor, South 13 degrees, 05 minutes, 02 seconds East 13s.62 feet to a concrete monument; thence along Lot 4 on the above-refereneed Plan, South 81 degrees, 44 minutes, 12 seconds West 174.64 feet to an iron pin in the centerline of Cleversburg Road (L.R. 21050); thence along the centerline of said Cleversburg Road (I,.R. 21050) North 21 degrees. 30 minutes, 14 seconds West to an iron pin; thence along the centerline of said Cleversburg Road (ER. 21050) on a line curving to the right and having a radius of5O0.00 feet and an arc length 53.64 feet to a point, the place of ll.'XJlNN[NG. Being Lot 3 on the above-referenced Plan. ALL 'l'HAT'CERTA[N lot or land situate in Southampton Township, Cumberland County Pennsylvania, bounded and described according to Final Subdivision Plan of for John 1i l3illrnan, prepared by Eric L. DifThnhaugh, dated April il 3, 2000, revised A il 25, 2000 and recorded in Cumberland County Plan Book 81, Page 56 and 56A, as follows to wit: Beginning at an existing bolt at the corner of the aforesaid Lot#3 and #2 and 2A; thence along the said Lot #2A North 74 degrees 39 minutes, 40 seconds Eoot, 13992 feet to an iron pin set at lands now or formerly of John H. Billman; thence along said Bi|buun land, on a curve to the left having a radius of 746.80 feet, a chord of 153.10 feet on a bearing of South 08 degrees, 51 minutes 6 seconds Fast, for an arc distance of' 153.37 feet to a set iron pin at the corner of Lot 'MA of the above-mentioned subdivision plan; thence along the dividing line of Lot#]A and to Lot #4A, South 82 degrees 02 minutes 04 seconds West, 129.71 feet to an existing bolt at the corner of Lot 43 above described; thence along the dividing line of Lot 43 and 3A, North 12 degrees 46 minutes 53 seconds West, 135.61 feet to an existing bolt, the point and place of beginning: BEING I'art of Lot 3A on the above-referenced plan. BEING THE SAME PREMISES which MARLENE P. 8|LLM/\N, married woman, by Indenture bearing the date of 10-19-00 and recorded in the Office of the Recorder of Deeds, in and for the County of Cumberland, COMMONWEAL. FF1 OF PFNNSYLVANIA on 10/31/00 in Book 232 Page 1054 granted and conveyed uniol.0RRIE A. STOUFFER, unmarried. AND Whereas L0RRI2A. STOUFFER n/b/m iDRK{E SONON by Indenture bearing the date ofJanuary 4, 2006 and recorded in the Office of the Recorder of Deeds, in and for the County of Cumberiand, COMMONWEALTH OF PENNSYLVANIA on January 18, 2006 in Book 272 Page 4016 granted and conveyed her interest unto ['0RD1£ SIMON and DAVID SiM()N' Wife and Fkm6and_ dhoblI*io and Auuigoo, in fee. Parcel No. 39-13-0102-033 PROPERTY ADDRESS: 277 NEiL ROAD,SIIIPPENSBURG, PA 17257-9403 PARCEL #39-13-0102-033 VERIFICATION ALISHA BRUNSON hereby v ci) i states that he/she is 1 10/ ritiA a itiAt of LOANCA RE, A DIVISION OF ENE SERVICING, INC., AS ATTORNEY IN FACT UNDER A LIMITED POWER OF ATTORNEY FOR.FREEDOM MORTGAGE CORPORATION servicing agent for Plaintiff in this matter,that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. FREEDOM MORTGAGE CORPORATION BY LOANCARE, A DIVISION)'ENE'SFR 'LNG, INC.AS AT T( IN FACT IND] t Al-IN, ' ) l'On-Z (II. ATTORNEY kl‘ihtile. ALISHA BRUNSON DATE: d- , , Title:VICE PRESIDENT LOANCARE, A DIVISION OF ENE SERVICING, INC. Fileli: 247354 Name: SIMON .,4 � ` . -,,. , G• I . .. �. , s - - - 1;,5 '‘,-'-r- -; �y .. Phelan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 ATTORNEYS FOR PLAINTIFF 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 • FREEDOM MORTGAGE CORPORATION • COURT OF COMMON PLEAS • Plaintiff • CIVIL DIVISION • vs. • CUMBERLAND COUNTY • DAVID SIMON LORRIE SIMON No. 12-7150-CIVIL • Defendant(s) ACCEPTANCE OF SERVICE ON BEHALF OF DEFENDANT BRET PATRICK SHAFFER,ESQ,Esquire hereby accepts service of the Civil Action Complaint on behalf of defendant(s),DAVID SIMON,and LORRIE SIMON,in the above captioned action and certify that I am authorized to do so. BRET PATRICK SHAFFER,ESQ,Esquire 309180 Attorney for Defendant(s) Date: 3/q/3 . .. ,.. . _ . ,, , ,....,,,._-'• ''. ''''' ''' ' ' ' i a v 4 C i .. F FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. DAVID SIMON NO. 12-7150-CIVIL LORRIE SIMON Defendant(s) CUMBERLAND COUNTY TO: DAVID SIMON 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 DATE OF NOTICE: rf►/10/1 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 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 BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: pt " (7.I( n Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PITS#247354 FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. DAVID SIMON NO. 12-7150-CIVIL LORRIE SIMON Defendant(s) CUMBERLAND COUNTY TO: LORRIE SIMON 277 NEIL ROAD SHIPPENSBURG,PA 17257-9403 DATE OF NOTICE: /(l)/'l 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 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 BAR. Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 jj (717)249-3166 By:_.. I j... Je athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#247354 FREEDOM MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. DAVID SIMON NO. 12-7150-CIVIL LORRIE SIMON Defendant(s) CUMBERLAND COUNTY TO: DAVID SIMON&LOR.RIE SIMON C/O BRET PATRICK SHAFFER,. ESQ 19 W SOUTH ST CARLISLE,PA 17013 DATE OF NOTICE: 4,/iô 1{ 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 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TIIE 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 O1FER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 I � (717)249-3166 By: I iCJ`.' Jofthan Lobb,Esq.,Id.No.312174 A torney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#247354 ' , ` �} r n ':v`zi'a dr s f 7 P i i ✓ k.L } Y' "n z"> • ,e ,A d x ,v d ..3<afip t -3 s • � r 3 d` B g v a( a R , � ,mu £ < < v*�,a �* � � -, ,.f , 7- k t � fit Y � fss� r -OFFICE FILED OF THE PROTHONOTAn'�' PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq•,Id.NolaliOMN 25 AM I1: 32 1617 JFK Boulevard,Suite CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 FREEDOM MORTGAGE : CUMBERLAND COUNTY CORPORATION : COURT OF COMMON PLEAS vs. Briley O DAVID SIMON PfO Se R DIVISION LORRIE SIMON : 12-7150-CIVIL • • PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the : • ?•,.;•, t DAVID SIMON and LORRIE SIMON,Defendant(s)for failure to :' : , • Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale o mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $193,388.26 TOTAL $193,388.26 I hereby certify that(1)the Defendants'last known addresses are 277 NEIL ROAD, SHIPPENSBURG,PA 17257-9403 and 137 SOUTHSIDE DRIVE,NEWVILLE,PA 17241- 9536, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 6'/ Z'Y/ /17 aelesci4,1, ALA.: Adam H. Davis,Esq., Id. No.203034 y for Plaintiff ' brsF, � urn DAMAGES ARE HEREBY ASSESSED AS INDICA id,., DATE: oCJ l3 M PHS S 247354 PROTHONOTARY 247354 - 3' *.. in: ,q fro. k `ry'r i� '''t.','." Property Mapper Cumberland County, PA � t 8 277 NEIL ROAD PIN;39-13-0102 033 Deed$oc6.00272-04016 - fir, ,, �? Owaer:SINON,LORRIE&DAVID 2 Land Uae:Cade: 108 n ` Property Type:NT Acreage.0.99 f'4.11.'t t1 #I`` 551 are Feet:2216 Taxahta Stat F s �t� lean l4 t;rr en Status- , v Land Assessed Value$:55002 --�° i Building Assessed Value$: 107500 Tutal As,ess-d Value$_ 162503 Sale Date lue Jan 17 2006 37.00:30 +.. IA YeatCwk 14gq 4 xs"'" X49 NEIL 3 4 P40YI6[b 6Y sn Copyright 2011 Esri'. All rights reserved. Thu Jan 30 2014 09:52:25 AM. 277 NEIL ROAD PIN: 39-13-0102-033 Deedbook: 00272-04016 Owner: SIMON, LORRIE & DAVID Land Use Code: 108 Property Type: RT Acreage: 0.99 Square Feet: 2216 Taxable Status: T Clean &Green Status: Land Assessed Value $: 55000 Building Assessed Value $: 107500 Total Assessed Value $: 162500 Sale Price $: 1 Sale Date: Tue Jan 17 2006 07:00:00 PM Year Built: 1999 Municipality: SOUTHAMPTON TOWNSHIP Height in Stories: 1 Type of Dwelling: MANUF Primary Exterior: Vinyl Basement Percentage: Air Conditioning: AC Total Rooms: 5 Bedrooms: 3 Full Bath: 2 Half Bath: t, y • ■ ■ i • SFr . I FE „Nu 220911 Pape*4f I I I I I I IP • • • t i Y ty �3,•r .ry APPRAISAL OF REAL PROPERTY LOCATED AT: 277 NEIL ROAD DEED BOOK 272,PAGE 418 SHIPPENSBURG,PA. 17257.9403 FOR: FREEDOM MORTGAGE 907 PLEASANT VALLEY,MOUNT LAUREL,NJ. 08054 BORROWER: SIMON,DAVID AND LAURIE AS OF: 08/25107 BY: JAMES M.WISE Form GA1—•InTOTAL•appraisal software by a la mode,Inc.—1-800-ALAMODE Wise Appraisal Senvkes.Inc. IRie NO.22°911 Page M 11 Manufactured Home Appraisal Report * 984°96 The purpose of iris summary appraisal report Is to provide the lender/cant with an accurate,and adequately supported,opinion N the market value of the subject property. Properly Address 277 NEIL ROAD City SHIPPENSBURG Stale PA. Zip Code 17257-9403 Borrower SIMON,DAVID AND LAURIE Owner al PWIl Record SAME County CUMBERLAND Legal Description DEED BOOK 272.PAGE 416 Assessor's Parcel* MAP 39-13-0102.033 Tax Year 06-7 R.E.Teas S 2,000(El Neighborhood Nacre SHIPPENSBURG AREA Map Reference 25420 Census Tract 0131.01 Ocapart 0 Owner C7 Tenant ❑Vacant Project Type(re applabie) D PUO ❑Corder entim 1'1 Cooperative (l Other(describe) 1.-i Special Ms Appraised HDA S ❑per year 0 pr month Property Monts ®Far Simple ❑Leasehok fl Otter(describe) N Asstgtmnt Type 0 Purchase Transaction 61 Retinance Transaction [1 Otter(describe) LerdalCten FREEDOM MORTGAGE Address 907 PLEASANT VALLEY.MOUNT LAUREL.NJ. 08054 is the subject properly wally offered for sale or has it been offered fa seeks to twelve rnwtM prior to the elective dated Mss appraisal? n Yes 13 No Report data source(s)used,offering price(s),and date(s). MLS .ndxtred tomes located In either a coroardnun or cooperative project require the appraiser to inspect the project and complete Me Project Information section d IM ) dual Condan6dum Unit Appraisal Report or the Individual Cooperative Interest Appraisal Report and attach it as an addendum B ets report I U del U did not analyze the contact la sate la Ito subject piechase transaction.Explain Ina results o1 the analysis of the contract for sale or why to analysis was not 'rimmed. -Contract Price S Date or Conine' Is the property seta the owner of pubic record? 2 Yes ('j No Data Source(s) PUBLIC RECORD ' a Is Mere any financial assistance(loan charges.sale corcessens,gilt or dovmpaymere assistance etc.)to be paid by any party on bere.K a the borrower? D as D No zrpm report the total dolor amount and describe Ire Items to be paid. 8 I f did ®did not analyze to manufacturers invoice.Explain the resu4s of the analysts al ton raAactuler's Invoice a wily the areiss+ns Fel pcdonned. Retailer's Name(New Construction) Note:Race and the racial composition of the neighborhood are not optimise!factors. Neighborhood Characteristics Manufactured Housing Trends Manufactured Housing Present Lind Use% Location (l Urban ❑Sububan Rural Property Values increasing a Stable n 000Inne PRICE AGE Dee-(Nit 65% o Bullt•Up a0vr 75% ®25-75% ❑Udder 25% Deena nd/Suppt�Shortage �H Balance r Over Supply 5(000) 1yrs) 2-4 Ural % °o Growth Rapid S Rabe Slow Marketre Time II Under 3 mtts 3-6 rats r Over 6 Was 100 Low NEW Mulh•Fandy % a Neighborhood Boundaries NEIGHBORHOOD IS LOCATED NEAR THE INTERSECTION OF AIRPORT 450. High 100. Commercial % m ROAD AND HERSHEY ROAD,EAST OF SHIPPENSBURG. 260 >'red, MIXED Deer 35% 5 Neighborhood Description I HAVE CONSIDERED RELEVANT COMPETITIVE LISTINGS AND/OR CONTRACT OFFERINGS IN THE i PERFORMANCE OF THIS APPRAISAL AND IN THE TRENDING INFORMATION REPORTED IN THIS SECTION. IF A TREND IS INDICATED,I HAVE ATTACHED AN ADDENDUM PROVIDING RELEVANT COMPETITIVE LISTING/CONTRACT OFFERING DATA. Markel Corditons(Including support to to above concbsl J PRESENT MARKET CONDITIONS ARE FAVORABLE. CURRENT COST OF FINANCING IS AT AN EFFECTIVE MARKET RATE, TRANSACTION DO NOT REQUIRE CREATIVE FINANCING. THERE ARE NO SALES CONCESSIONS _BEING OFFERED IN EXCESS OF NORMAL POINTS TO THE PURCHASER AND/OR SELLER. Brnenslons UNAVAILABLE Area .99 ACRES Shape RECTANGULAR View GOOD/AVG. Specific Airing Classification RESIDENTIAL ZorIng Description RESIDENTIAL hiring Corrpeara jg Legal ❑Legal Nonconforming(Grandlathred Use)[]No Zor 17 jl WSW(desabel is the Nghest and best use of subject property as Improved(or as proposed per plans and specifications)to presets use? ®Yes O No t No,describe lhbtles Public Other(describe) Pub& Oiler(dual.) Ott-oh Improvements-Type hale Private Wata OGastac4 f R PROPANE SaDIWySewer WELL Steel ASPHALT Q FEMA Special Food Hazard Area ®Yes n No FEMA Flood Zone AE FEMA Map a 4215870015B RPM Map Date 6/4/1968n Are t1e utilities and nll•sfte keprovrrerds typical for the market area? M Yes f No ti Na,describe W N s Be site size.shape and lopography wisely cortorrning to and acceptable In to market area? ,Yes 0 No t No,explain Vats adequate veeicutar access to the subject property? 21 Yes l No y No,describe Is the sheer property rreintated? 0 Yes []No II No.describe Are there aJn adverse ate conditions a external factors(easemrres,encroacrmrds,eeirunrtenW conditions,farad uses,etc.)? fl Yes M No If Yes,describe NO ADVERSE EASEMENTS OR ENCROACHMENTS WERE OBSERVED AT THE TIME OF THE INSPECTION. UNABLE TO DETERMINE IF THE IMPROVEMENTS ON THE SITE ARE WITHIN THE FLOOD PLAIN OR NOT. The HUD Data P1atelComplance Crthate IS bca>ed on the Interior of an subject and coolants,among otter tines,are marudacturr's rome,traderodel roue,year manufactured and serial rooter. The FM)Certikaton label Is located on ere is of each section a to home. Is the HUD Data Pbte/Cornpfwnce Certificate enacted to to Orating? ®Yef❑No t Yes,Wendy one location a No,provide the data sources)la the HUD Dala u,PiatrCConplance Certificate Intonation EXTERIOR OF HOUSE 'Zs a Is a HUD Certification Label elected to the exterior of each section of to dwelling? Na t No,provide to data sweets)to the HUD Certification Label/ea a 4 aMa i.:p' '_ -a1#s. . TOLa ATE =Man aclurerti Name UN - 'ot,tdel UNABLE TO LOCATE Ito the Wind,Roof Load,and Thermal Zores meet to minimum HUD requireine Its for ae location or the subject o erty? Pk Yes ❑No t No,tarp-in Freddie Mac Form 708 March 2005 Page 1 of 7 Fannie Mae Form 1004C March 2005 form 1004C—lienTOTAL'appraisal sot:ware by a la mode,Inc.—I.800•ALAMODE I Eilit2ii20211..E1241.2! Manufactured Home Appraisal Report Fie.22 9&`098 General Description Foundation Exterior Description materials/condition Interior materlrle/condltion a`of Lets K One n Additions •Poured Concrete 0 Concrete Runners Skirting VINYL•G/A Floors WIW-RES-G/A r,y T"il,-,.1,c^ •2 •Orion •Block&Pier •Other-an.deud.Ion Exlaior Wats VINY-G/A Wass PANELING-G/A i '""'''7 ' CHER . Ful Basement Partial Basement Root Solace FIBERGLASS-G/A TrhNFxdsh WOOD-GIA S of Sections (1 1 (A 2 n3 Basement Area NO BSMT. sq.lt.Gutas b Downspat6 ALUM-GIA Bath Poor RESILIENT-GA {1 Other Basemen finish 0 %Window Type SGL HUNG-G/A Bath Wainscot FIBERGLASS-GA T n,: kT Det. •Ain. IN S•Del/End UnhI r Outside Ent /Ee t •Sung Pump Storm SaslA nsi let d C S l i,.!1, Cr Usti r •Pro„sod •(odor Cored.Evidence of •Infestation Screens SCREENS-GA "T '?l•i rS r,F:v. Year BA 1999 Effective rs 3 (11 Oa ,ress r Settlement Doors METAL-GA i.z=V 1 ;y d# Attic :x None Heating► FWA •HIABB •Radiant Amenities •Woodstove(s)I Garage r . rs fl Drop Stair n Stairs Ode Fuel ELE/PRPN xi.x-«1 a Carport S of Cars ai El Flea ❑Scuttle Cooling (2]Central Air Condtforing flo7Deck� ` :4F I-1 Attached n Detached ❑Ras led ❑Heated •Individual ❑Ode ®Pool ABOVE G ®Other BIGD. ❑Butt-in L=0 1Ma liar a r�'CMII•12=11111m■C rMI• Otter describe Misty%area sbove grade contains: 7 Roans 3 Bedrooms 2 Bath(s) 2,232 Square Feet of Gross thing Area Above Grade Describe any additions or modifications(decks,roomer,remodeling,etc.) FRONT PORCH,LARGE REAR COVERED DECK,ABOVE GROUND POOL, SHED,WATER FEATURE. ksigbr.$None.:,REQAN4NHOMES T;,r Dab Instated 2000; .I.-,... ..e_.MOdalife 199 ER mmr(ac d Billie stud&lura•petrtreiterttgendatl tip !F 21 s" No---4 No describe the foundation sytem and the manna of attachment. r Z -. rJ ,avglfl 'TIP, 76", ... Yb 1. C°1*,-jai ` -;l&6elJV.uW.xt Q o. EL a, ,rutactured home•rota-, connected to a s.,tc tank a sewage stem and otter ditties? y Yes II No O.,,-..,,Wn Does the eudarg have sufficient gross Mg area and room dmasions to be acceplable to die market? ®Yes ❑No II No,esolan Addtilonal features(special energy efficient Items,ran-realty items,etc.) NONE NOTED. Tins appraiser must rate the dustily of construction fa the subject bet based on objective criteria(such as NADA.Manufactured Housing Appraisal Guide®,Marshal& Swift Residential Cost Handbook®,or otter pebbled cost service).Re appraiser nest also report the source used for tits qualty of casmrcAm mind detatrirratton. Quality_ n Poor n Fair 1I Average n Good ❑Excellent Identity sauce of qualty rating MARSHALL&SWIFT Describe tlx condition of the property(including needed repairs,deledaation,renovations,remodeling,etc.). HOUSE IS IN GOOD TO AVERAGE CONDITION. NO REPAIRS NEEDED AND NO INADEQUACIES NOTED. Are there any physical deficiencies at adverse conditions that affect the livability,soundness,or structural integrity of tine properly? n Yes ®No It Yes,describe Does the property generally cordon to re neighborhood(functional utility,style,coMAlon,use,casbucton,etc.)? M Yes n No t No,describe Provide adequate information is the lender/client to replicate the below cost figures and calculations. Support fa the opinion of site value(summary of comparable laid sales or otter methods for estimating site value) ESTIMATED D EPRODUCTION OR IX REPLACEMENT COST NEW Source al cost data MARSHALL&SWIFT Effective date of cost data Ouuatry rating from cost servke OPIADN OF SITE VALUE S 45.000 Exterior Dimensions of the Subject Unit Section Ooe 2,232.00 Sq.h.@ $ 45.25 S 100,998 72 X 31 = 2,232.0 Sq.t4 Section Two Sq.n.@ S S X = Sq.O. Section Thee Sq.h.® S S X = Sq.ti. Section Farr SO.IL @ S S X = Sq,fL a APPLIANCES,FIREPLACE,DECKS,PORCH,ETC S 16,000 Total Boss Lhig Area 2,232 Sq.It S Other Data IdentNlation as S N.A.D.A.Data Iderdlikatien Info: Edition Mo: Yr: a Subtotal:S 116,998 Mil Slate: IRettkn: 15 lac II.x h. u Cost Murrill*(d applicable): 5 1.02 Gray pg 1Wme�g. Slack SVS pg. Modified Subtotal; 119,338 15 years and older Conversion Chan pg. Yellow pp. Physical Depreciation or Condition Modifier -5,967 Comments Functional Obsolescence(not used for N.A.DA.): External Depreciation or Stale Location Modhler. 1 Odvery,kutalbtion,and Setup(rot used for NA.DA.): S Otter Depredated Site i proverre s: S Markel Value al Subject Site(as supported above):S 45,00Q Indicated Value by Coat Approach:S 158,371 ESemated Remaining Economic Elte(HUD and VA only) 57 Years Summary al Cost Approach NO COMMENTS. Freddie Mac Form 70B March 2005 Papa 2 of 7 Fannie Mao Form 1004C March 2005 Form t004C—'WkrTOTAL'appraisal software by a la mode,Inc.—1.500-ALAMODE IRfe Nor 220911 Paae#31 441.7984098 Manufactured Home Appraisal Report Fie et 22091 There are 22 comparable properties cinerary offered for sale in the subject rrefgttfonood ranging in price trom S 16,000 to S 169,900 . There are 25 comparable sales In the subject neighborhood whlhln the past Aveh'e months ranging In sale price from$ 16,000 to S 180,000 . FEATURE j SUBJECT COMPARABLE SALE if 1 COMPARABLE SALE#2 COMPARABLE SALE#3 j Address 277 NEIL ROAD 17 IAN COURT 34 CRAMER ROAD 1258 KESSLER DRIVE SHIPPENSBURG,PA.17257-940 SHIPPENSBURG,PA.17257 SHIPPENSBURG,PA.17257 SHIPPENSBURG,PA.17257 Proxlmtly to Subject 0.33 miles NE 1.39 miles N 4.22 mhos W _ Sale Ptl# S 'S 137,500 1 150,000 S 160,000 Sale Price/Gross liv.Area S soft.S 74.40 sq.ft. S 108.7 salt. S 95.24$5.11.. Manufactured Nome Z Yes El No R)Yes [4J No Yes 11 No Data Sources) INSPECTION OBSER-MLS OBSER-MLS Validation Source(s) VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION s—)S moment DESCPUPRON +(-)S Adjustment DESCRIPTION +4•)S Adjustment Saks or flnardn0 FHA CONY. CONV. Comesstorrs Date of Sale/Time 10/13/06 06/09/06 01/17/07 Location RURAL RURAL RURAL RURAL Leaseteld/te Simple FEE FEE FEE FEE She .99AC-G/A ,34AC-G/A .5,0001.01AC-G/A .42AC-G/A +5.000 View GOOD/AVG. GOOD/AVG. GOOD/AVG. IGOOD/AVG. Design(Slile) RANCHER RANCHER RANCHER RANCHER Ouass of Contsoucdon VINYL-C/A VINYL-C/A VINYL-C/A VINYL-C/A Actual Age 8 YRS. 5 YRS EST. 12 YRS EST. 116 YRS EST, Condition GOOD/AVG. GOOD/AVG. GOOD/AVG. GOOD/AVG. Above Grade Tots Baru. Bass Tate Wm. Baths Tate'IW.m. Bans 1 Tam Barns. Baru Room CocrI 7 3 2 6 3 . 2 6 3 2 17 4 2 Grass LMrg Area 2,232 soh. 1,848 sq.ft. +7.680 1,380 sq.fi. .17,040' 1,880 59.11. +11,040 Basanerd 6 Finished NO BSMT. NO BSMT, NO BSMT. 1,680 SF. -5,000 5 Roars Below Grade UNFINISHED UNFINISHED UNFINISHED FR,OEN -5,000 o Functional Many GOOD/AVG. GOOD/AVG. GOOD/AVG. GOOD/AVG. n HeatindCoolq FWNCAC FWAJCAC FWNCAC IFWNCAC °a E ..,a Violent teens _AVG.INSUL. AVG.INSUL- AVG.INSUL, AVG.INSUL. o Garage/Carport DRIVEWAY DRIVEWAY 1+3 CAR GAR. -10,000i2-CAR GAR. -5,000 z Porch ato/Deck PRO,PAT DECK PRCH,DECK - +2,000 PORCH +5,000,PORCH +5.000, a1 FP 1 FP _ ,NO FP +2.50011 FP p FULL KITCHEN FULL KITCHEN FULL KITCHEN FULL KITCHEN w SHED,WTR F SHED +2.000 SHED •2.000 SHED +2,000 w Netadjuspnert(Total) _0+ Q- $ 16,680 ®+ 0• S 16,540 ®+ 0• s 8,040, Adjusted Sale Rice Net Adj. 12.1 % Net Adj, 11.0 % Nel Adj. 5.0 % of Comparabes Gross Adj. 12.1 %,S 154,180 Gross Adj. 24.4 %S 166,540 Gross Adj. 23.8 %S 168,040 I did U did not research Ne safe or transfer history of the subject property and comparable sales.M not,explain My research 0 did ®did not reveal any prior sates of Venters of aw subject property tar Sterne years prior to the effective data of tlis appraisal. Data sources) My research n did ®did rot reveal any prior sales or transfers of ale comparable sales to to year prior to Ihs date of sate of the convent*sale. Data source4s) Rewn the results of the research and anal sls of me prior sale or transfer history of Olt subject properly arid comparable saksureport additional prior sales an page 4). ITEM SUBJECT COMPARABLE SALE#1 COMPARABLE SALE#2 COMPARABLE SALE#3 Dale of Prior SaidTransie NO SALE IN PAST 3 YR NO SALE IN PAST 3 YR NO SALE IN PAST 3 YR NO SALE IN PAST 3 YR Price of Rio(Saldirarsle Data Somers) ASSES.RCRDS ASSES.RCRDS ASSES.RCRDS ASSES.RCRDS Effective Date of Data Source's) 06/07 Amysls of prior sale or Sander Notary of tie subject property and comlarable sales NO COMMENTS. Summary of Sales Comparison Approach ALL SALES ARE MANUFACTURED HOMES THROUGHOUT THE SHIPPENSBURG AREAL BOTH IN CUMBERLAND AND FRANKLIN COUNTY. ALL ARE EQUALLY REPRESENTATIVE. Indicated Value by Sales Cayarlson Approach S 160,000 Indicated Value y' Saks Comparison Approach S 160,000 Cost Approach S 158,371 Income Approach Of developed)S THE MARKET APPROACH WAS UTILIZED IN THE ESTIMATION OF MARKET VALUE. THE INCOME APPROACH WAS NOT USED AS THE z AREA IS DOMINATED BY OWNER-OCCUPIED HOUSING. 0 P 4 3 This appraisal is made(8)-.as is", 0 subject to compieton per plain and specllcalora on Me basis of a hypothetical condition that to Improverrlmts have been o completed, 0 subject to Pe following repairs or aterahons on de basis of a hypothetical condition(hat the repairs or alterations have been completed,or 0 subject 10 the w fob mitred uired inspection based on tie radraordi rary assumption Mel the conditon or deficiency does rot require alteration or roper. a Based on a complete visual Inspection of the Interior and exterior areas of the subject property, scope of work,statement of assumptions and limiting conditions,and appnistr's certification,my(our)opinion of the mantel value,as defined,of the real property that 1s the subject of this report Is S 160,000 ,es of 06/25/07 ,which is the date of Inspection and the effective date of this appraisal. Freddie Mac Form 708 March 2005 Page 3 of 7 Fannie Mao Form 1004C March 2005 Form 10040—'NMTOTAL'appraisal software by a la node,Inc.—t•80PALAMODE IEile No.22D91I Pace d41 Manufactured Home Appraisal Report �.#22091 88409E4 W 0 U $J h O Q -� INCOME APPROACH TO VALUE(not required by Fannie Mae.) A Estmakd Mondly Markel Rat$ X Gross Rene Moller =$ bgkated Value by Income Approach a$umrnary d trlupne ApproacR(Including support ion market rant and GRM) PROJECT INFORMATION FOR PUOs fd eppilcable Is the developer/builder In control of the Homeowners'Association(HOAj7 n Yes E7 No Unit types) n Detached n Attached Provide the following Information for PUDs ONLY d the developer/Wider is In conbd 01 fie HOA and the subject property Is an attached(homing unh. Legal name d project 2 Total camber of phases Total number of ails Total number d ends sold Total number of ants rented Total number or eats to sale Data sources) it Was the project created by the commie of etdstang buedtng(s)Into a PUD? ❑Yes ❑No If Yes,date of conversion o Does de Pet!certain N nits? •Yes •No Data source s Are the units,common elements,and recreation facilities complete? (]Yes ❑No II No,describe Or status of corrytenon 0 a. a Are the cannon elements leased b or b y t e Homeowners'Association? I1 Yes Ft No ft Yes,describe the re tal tams and opddns. Describe Gomm Barrens and recrealbral taclet es. Freddie Mac Form 70B March 2005 Page 4 at 7 Fannie Mae Form 1004C March 2005 Fans 1004C—Y4nTOTAL'appraisal software by a Is node,inc,—1-B00ALAf+IODE IWe Na 220911 Pane#5i 441.798409e Manufactured Home Appraisal Report Fie,22091 This report form is designed to report an appraisal of a one-unit manufactured home; including a manufactured home in a planned unit development (PUt)). A Manufactured home located in either a condominium or cooperative project requires the appraiser to inspect the project and complete the project information section of the Individual Condominium Unit Appraisal Report or the Individual Cooperative Interest Appraisal Report and attach it as an addendum to this report. This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3)inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5)report his or her analysis,opinions, and conclusions In this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the properly that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition Is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S.dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. `Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays those costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located In an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances. etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing the appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unappareM physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. Freddie Mac Form 70B March 2005 Page 5 of 7 Fannie Mae Farm 1004C March 2005 Form 1004C—1NInTOTAI'appraisal software by a la mode,Inc.—1-f00.ALAM00E !File No.220911 Page M{i Manufactured Home Appraisal Report �.,zos seaose APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. I performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition of the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. I performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I also developed the cost approach to value as support for the sales comparison approach. I have adequate comparable market and cost data to develop reliable sales comparison and cost approaches for this appraisal assignment. I further certify that I considered the income approach to value but did not develop it, unless otherwise indicated in this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for safe of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. I selected and used comparable sales that are locationafly,physically,and functionally the most similar to the subject property. 8. I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. I verified,from a disinterested source,all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. I have knowledge and experience in appraising this type of property in this market area. 12. I am aware of,and have access to,the necessary and appropriate public and private data sources,such as multiple listing services,tax assessment records,public land records and other such data sources for the area in which the properly is located. 13. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to. needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value,and have reported on the effect of the conditions on the value and marketability of the subject property. 15. I have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge,all statements and information in this appraisal report are true and correct. 16. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions,and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. I have no present or prospective interest in the property that is the subject of this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction.I did not base,either partially or completely,my analysis and/or opinion 01 market value in this appraisal report on the race,color,religion,sex,age, marital status, handicap, familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed In this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. I identified the lender/client in this appraisal report who is the Individual, organization, or agent for the organization that ordered and will receive this appraisal report. Freddie Mac Form 70B March 2005 Page 6 of 7 Fannie Mae Form 1004C March 2005 Form 1004C—'wtnTOTAL'appraisal software by a la mode.Inc.—t•eoO•ALAMOt1E lRte Ng 220911 Page#71 Manufactured Home Appraisal Report• MO 441-798409e 21. The lender/client may disclose or distribute this appraisal report to:the borrower, another lender at the request of the borrower; the mortgagee or its successors and assigns: mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (If applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party(including,but not limited to,the public through advertising, public relations, news, sales, or other media). 22. I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower,another lender at the request of the borrower,the mortgagee or its successors and assigns,mortgage insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that Involves any one or more of these parties. 24. If this appraisal report was transmitted as an'electronic record' containing my"electronic signature,' as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent misrepresentation(s) contained in this appraisal report may result in civil liability and/or criminal penalties including, but not limited to. fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, at seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment,have read the appraisal report,and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including,but not limited to,the appraiser's analysis,opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of the supervisory appraiser(or the appraisal firm),is qualified to perform this appraisal,and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. It this appraisal report was transmitted as an'electronic record' containing my'electronic signature,'as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective,enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAIS 144: SUPERVISORY APPRAISER(ONLY IF REQUIRED) • Signature+J Signature Name WISE Name Compan e WISE APPRAISALS Company Name Compan 'ddress 1829 HOWELL RD.#3 Company Address — HAGERSTOWN,MD.21740 Telephone Number (301)7458400 Telephone Number Email Address WISEAPPRAISALS.COM Email Address Date of Signature and Report 06/27/07 Date of Signature Effective Date of Appraisal 08/25107 State Certification# State Certification# or State License# or Slate License# RL 001027 L State or Other _ Expiration Date of Certification or License State PA. _ Expiration Date at Certification or License 06/30/2009 SUBJECT PROPERTY ADDRESS OF PROPERTY APPRAISED ❑ Did not inspect subject property A D NEIL RpAD ❑ Did inspect exterior of subject property from street 277 Date of Inspection SHIPPENSBURG,PA.17257-9403 ❑ Dld inspect interior and exterior of subject property APPRAISED VALUE OF SUBJECT PROPERTY$ 160.000 Date of Inspection LENDER/CLIENT Name SIMON,DAVID AND LAURIE COMPARABLE SALES Company Name FREEDOM MORTGAGE ❑ Did not inspect exterior of comparable sales from street Company Address 807 PLEASANT VALLEY,MOUNT LAUREL, C Did inspect exterior of comparable sales from Street NJ, 08054 Date of Inspection Email Address Freddie Mac Form 708 March 2005 Page 7 of 7 Fannie Mae Form 1004C March 2005 Fpm f 004C—'WtnTOTAL'appraisal software by a la mode,Inc.-1.800.ALANODE {Ble No.220511 Pane w 1sh Subject Photo Page Borraxa/CFent SIMON,DAVID AND LAURIE Property Address 277 NEIL ROAD • City SHIPPENSBURO County CUMBERLAND State PA. Dp Code 17257.9403 Lender FREEDOM MORTGAGE Subject Front 277 NEIL ROAD Sales Rice Gross Nag Area 2,232 Total Rooms 7 -I-% Total Bedrooms 3• -. Total Bathrooms 2 ',S • Location RURAL N Mew GOODIAVG. rj^ '^i',:' r' She ,99AC-G/A -Y7`415" "' Quality V INYL-G/A 1.' Age B YRS. - _ w„ _-Y..... ...•�1' .,,'.'' Subject Rear •�,i � ' I II�IIIIIII I�I•I Y' III rl • ri-- --'.- �/ r 1' ! l'.1 it _ --1 i lilt ..PT..: -, .../_,,,t,.T.' . „ -� ,- Subject Street I. . . • io .ter : •1 ' Y. :�. .. . , , • • .. yyyyyyyy�i `r.. #, `' t 1f 'K l.• , Tam PD3x5.SR—WiniOTAL•appraisal software by a 4 rode,Inc.—1•B00•ALAMODE ERIe No.22091 f Race 081 Photograph Addendum Borrower/Clert SIMON,DAVID AND LAURIE Property Address 277 NEIL ROAD City BHIPPENSBURG County CUMBERLAND Stale PA. hp Code 17257-9403 Lender FREEDOM MORTGAGE "ry' � }J7I I FRONT WATER FEATURE Iii IF —smog I- - "0-'"{.• • •I;A: - ..r ABOVE GROUND POOL , .r ;4,t„ ,,: 144`.„I,,w • f ; Z.sue > 4 • Form GPIC3X5—W1TOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE !file,140.220911 Paoe e111 Comparable Photo Page BoriOwC/Ciml SIMON,DAVID AND LAURIE Property Address 277 NEIL ROAD City SHIPPENSBURG County CUMBERLAND State PA. Bp Code 17257-9403 I Lender FREEDOM MORTGAGE Comparable 1 17 IAN COURT Rai to Subkct 0.33 miles NE Sale Price 137,500 Gross Wing Area 1,848 Total Rooms 6 Total Bedrooms 3 .-✓ ---- Total Ballrooms 2 I Location RURAL i i VOW GOOD/AVG L Site .34AC-G/A Oualdy VINYL-GIA , Age 5 YRS EST, C=3 (FOR SALE SIGN UP 1 _ WHEN IT WAS APPRAISED BY ME EARLIER) Comparable 2 34 CRAMER ROAD Prac Io Subleci 1.39 miles N Sale Price 150,000 Gross LMng Area 1,380 t "+ i. .1%,.,.r .,s. Total Roams 6 vx , -•t,' i ToW Bedrooms 3• t"., .* Total Barrooms 2 R `. Lxation RURAL I. pircovitgar. ,,,...\.,i: New GOOD/AVG. • Re 1.01AC-G/A amity VINYL-G/A Age 12 YRS EST. Comparable 3 1258 KESSLER DRIVE Prat te Subee l 4.22 mdea W Sale Price 160,000 Gross LMng Area 1,680 Total Rooms 7 Tavel Bedrooms 4 Total Bathrooms 2 'ea ,, ' Location RURAL Z Now GOOD/AVG. 4 Site .42AC-G/A i t� •�.. Quality VINYL-G/A !- ' Age 16 YRS EST. • Form PIC3x5.CR—'WinTOTAL'appraisal software by a la mode.Inc.—1.000-ALAMODE IRIS No 720911 Pa •t 1 Supplemental Addendum FileNo.22091 Bonower/Coe t SIMON,DAVID AND LAURIE Properly Address 277 NEIL ROAD City SHIPPENSBURG Caoriel CUMBERLAND State PA. as Code 17257-9403 Lender FREEDOM MORTGAGE An electronic signature is being used on this appraisal. The software utilized by the appraiser to generate the appraisal protects signature security by means of a digital signature security feature for each appraiser signing the report. The subject conforms to current zoning codes and the zoning reported Is taken from public records. The property's heating.plumbing and electrical systems appear to be functioning properly to the best of this appraiser's knowledge and expertise. • It was necessary to analyze sales that occurred over six months prior to the appraisal date of the subject. This was necessary as there were no other sales that would have been beneficial to the market analysis that I could find to include for gridding. The fact that the sales were over six months old from the appraisal date does not diminish their usefullness in this analysis. Please be advised that in the market approach grid,bedrooms and bathrooms are adjusted for on the first line and the gross living area/room count is adjusted for on the second line of the grid. 11 was necessary to utilize comparables with a greater than 20 percent gross adjustment. Other sales analyzed would have required less desirable adjustments and would have reduced the reliability of the analysis. Those sales chosen were the bet available at the time of my inspection. It was noted that the individual adjustments for comparable sales 1 and 2 are greater than 10 percent. Other sales analyzed would have required much less desireabte adjustments than,in this appraisers opinion,would have resulted in en inaccurate market analysis. Those sales chosen were the best available at the time of inspection. it was necessary to choose comparables further away from the subject than is desireabie due to the low population density and low sales volume. These comparables,do,however,reflect the market and are the best available. Marie Jones participated in the preparation of this report. SYNOPSIS Every effort has been made to conform to FNMA,FHLMC and FHLBB Guidelines and in most cases.even stricter interpretations found common to most Investors in the secondary market. The comments in this addendum are Intended to expand on what the appraiser feels are areas of most concern to the mortgage investors in underwriting an appraisal report. The expanded narrative allows the appraiser to provide additional comments where sufficient space is not available on the appraisal form. The market has been thoroughly searched and the sales reported are In the appraisers opinion the best sales availble that property weigh all factors. All comparable sales are settled to the best of this appraisers knowledge, unless specifically indicated within the appraisal,and have been verified by at least two sources. Form TACO—'WinTOTAL'appraisal software bye la mode,Inc.—1-800-ALAMODE Wise Appraisal Services,Inc. IRIS si 220911 Pace#131 FIRREA/USPAP ADDENDUM Borrower/Vert SIMON.DAVID AND LAURIE Preset,'Address 277 NEIL ROAD City SHIPPENSBURG County CUMBERLAND State PA. loo Code 17257-9403 Lender FREEDOM MORTGAGE Purpose To estivate market value of the property for financing. Scope . The scope the work Includes the amount and type of information researched and the analyyb applied to an assignment. The scope of work includes,but is not limited to the following:1)The degree towhich the property is Inspected or identified,2)the extern of research into physical or economic factors that could affect the property,3)the extent of data research and 4)the type and extent of analysis applied to arrive at opinions or conclusions. 1 Intended Use/Intended User The Intended user of this report is Freedom Mortgage. History of Property Current Isere irdomaticn: No listings in the past three years. Rip sale; No sales in past three years. . Exposure Time/Marketing Time Normal marketing time is between 90 and180 days. . J Personal(nlm-really)Transfers There were no personal Berns were considered in the estimate of market value. Additional Comments No comments. Certification Supplement 1, TNS appraisal assignmenl was not basal on a requested minimum valuation,a specific vakaeon.or an approval of a ban. 2. My conpanadon is not corpneera upon Ile twerp at a predelemencd value or direpbn In sake that tavons he cause of he ckeot Be amount at the value estimate,the attainment of a sdpukted renal or the occurrence of a subsequent went. illi , 1142 Appr• JAMES M.WISE SupervfsayAppalser(s); Etl- to/Report date: 06/25/07 MI wave date/Report dab: Form FUA—WWInTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE IRte No.220911 Page N 151 Building Sketch • Borrower/CIere SIMON,DAVID AND LAURIE Property Address 277 NEIL ROAD CO), SHIPPENSBURG County CUMBERLAND State PA. DD Code 17257-9403 Lender FREEDOM MORTGAGE 110 s.. s*am r, eo.s MP. B 4 e.som. iwrey ✓hV eovn 17 CI wwaww K. CormneMa AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN Cods Dssatpt0n NH Sia tut Touts Breakdown Subtotals OL11 First Floor 2232.0 2232.0 First Floor 31.0 + 72.0 2232.0 Net LIVABLE Area (Rounded) 2232 1 Item (Rounded) 2232 Form SKT.81dSkl—'WInTOTAL'appraisal software by a la mode,Inc.—1.800-ALAtt 0E IFile No.22091[Pzte i 1 Location Map Borrower/Cknl SIMON,DAVID AND LAURIE Property Address 277 NEIL ROAD • City SHIPPENSBURG Caney CUMBERLAND State PA bp Code 17257.9403 Lender FREEDOM MORTGAGE y* y.pgr V I [ J �nsa.v b CR• .A14 r2 • t •o • le i fy: w . ' y, 9 C �' C ra f iri {�l ]i1 i ti' y • .. $ 4 y i a / • .e J a *MO 9.°". o ♦ r a �� it s „ {, l*, o'• �+ °'tib o • i .t" ° a Sh.. * • $ • �.. • - %••♦ `. I�N crr . o;■`wa • • + f J� 1 }+ • .s if • '�,, r,,,+ I• !�,. + Form MAPIOC--11nT0TAL'appraisal soft*re by a la mode,Inc.—1.600-ALAMOOE Flu No.220911 Pace M 171 Flood Map 'Borrower/UM SIMON,DAVID AND LAURIE Property Address 277 NEIL ROAD City SHIPPENSBURG County CUMBERLAND State PA. bp Code 17257.9403 Lender FREEDOM MORTGAGE Cr Prepared for: I n to rFl oodt '' Wise Appraisal Services.Inc. t`S w•a^e• 277 NEIL ROAD www.lnterflood.com• 1-800-252-6633 SHIPPENSBURG,PA 17257 i 9 °v aT4o —ZONE A .iirsi. n, RN 8 89 / › „.,^ \:.:4,14.v.•••••••'''''''',:• ; //it:44141r Z 41:;>d:.;,,,,:,:,:iiNIT.,/,:;,.. ONE AE :>�..... ...., , k,5-0 f GA II:11 A 4,;.,/ f 1 L.R.21088 `'`[Yo;,;:'y.. .. ,T_—- L.R. 21088 rF vlo i / 10 5 4¢r•1•J•Q 1z.-ZONE I •rresc on.• R 24-- ! iZb 0 ZONE K a, ♦r..•• a �7y CO 0 1 ..l.;;;' �1 , E4'FLOODSCAPE O T''C* � RM 1 Flood Hazards Map tf Map Plumbat 0'.._ _ QM 4-,1! 42151=0150 1 i Effective Otte August 4,1988 I t t,O i'N U Q RMih oai�. 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J E fr" :. } js f . r, ,',...,,• ,..i,, i,, , .. . • •: , •i-• .k, /,• - , ',., • •••., 'yr, 'r,..'t t , ,.. 3 - v _ } L}y r: • 'e . . %- . - . -- - .- ' - - -- .. _ r. _ , j* ti.A rr.yr.y. 4 >« i . <•�� ^. � tin � .r.;,,,..,...,4,...i41•4•e .,.+'S.•; � ,Yyy�,� �� r .ems fit ,u v< `'* :�-� r` ...',. r,V:.. .r.. * �( .yy� ,.�: . .. n .r - s ' �3,.,a� �! �qtr„„y� � . • 4 t Fir yea k�Z,ti l � t, y } COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 1/10/14 10:27 REFERENCE B 741188 FULL SPECTRUM SERVICE 140100752000048 002 400 FELLOWSHIP RD STE 220 MT LAUREL NJ 08054-0000 CERTIFICATE & ATTESTATION I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. 4417 BARRY J. SCHOCH, P.E. SECRETARY OF TRANSPORTATION I hereby certify that the documents attached hereto are full, true and correct photostatic, microfilm or printed copies of documents or electronically stored information of which I have legal custody and that the copies conform to the requirements of 6109 of the Judicial Code. Sales tax information is redacted from applications for certificate of title in accordance with the Act of April 9, 1929, P.L . 343, as amended, 72 P.S. Section 731 . TITLE: 55575973 VIN : 12234055AB CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. {gc-J4, Jdr CLp--- ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 1/10/14 l0:27 PAGE. 1 1401007520000*8 002 REFERENCE # 741188 OWNER . LORRIE A STOUFFER LESSEE , NONE 277 NEIL RD SHIPPENSBURG PA 17257 TITLE NUMBER ` 55575973 TAG NUMBER ` TITLE DATE . 01/04/01 VIN . 12234055AB REGISTRATION EXPIRY DATE: BODY TYPE ' MH MAKE . REDMAN ODOMETER READING . * MODEL ' *EXEMPT BY FED LAW RENEWAL WlD • DUPLICATE TITLE COUNT . 0 PREVIOUS TAG . VEHICLE YEAR . 1*99 LIENS . YES STOLEN DATE STOPS . M TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME . TAMMAC ADDRESS: 270 MUNDY DR EXPIRATION DATE: 01/04/31 WILKES BARRE PA 1e702 ABA NO . ELT IND. NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: INFORMATION: (8:00 AM TO 5.00 PM) DEPARTMENT OF TRANSPORTATION IN STATE 1-800-932-4600 VEHICLE RECORD SERVICES OUT-OF-STATE 717-412-5308 PO BOX 68691 TDD IN STATE 1'800-22B-0676 HARRISBURG, PA 17106-8691 TDD OUT-OF-STATE 717-412-5380 WNW.8Ur.STATE.PA.US } ti r fit?° *. ,z z Y, .'s-, rte} �,g r A 4Y, k a '� •J' ss 3 ry ` .. %". t l i.J S y�'•'Y 2; a 4 fe:.'s •',:t,..,�. 7.7-•:!'"1:7:•...'.•<•::::',.-...t • . 0 y r1 '; • aim Y _v:;.,ip k4..?: re.:e._i"'' ' .).4 e'"'w ,r:S 3s c; y' '`w''s.+R.`-r, ?' �:..,...;rya r 1 ; . is;,.;k',-;5�i '{�'�'�`; ::-...:1 .q%7� (v,�:}:.:?. :a•Fr a 'ti:, r... '+ '^ ,+�:..: r k i tes} A ' f:• s ..n: - ': VIVit ', 1t.#y a Z � � 1s J��• sy'Yti5;4y4,M1sr.ry/r sw;.[r li ��ryr + r.: 4e, y t" ]tb ` ' - ," . ` : i x•y:�. T : �5` irw>. 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Wit_ r:4' :•, ^cam:• . � .r`,sa: : „y • (pq Prepared By _., First American Title Insurance Company 472 California Road Quakertown, PA 18951 1;36 J9iy 18 HP1 10 29 (215)538-1053 Return To First American Title Insurance Company 472 California Road Quakertown, PA 18951 Order No.: 1136818Q(277 Neil Road-Simon) Property Address: 277 Neil Road,Shippensburg,Pennsylvania 17257 Tax Parcel ID: 39-13-0102-033 Township of Southampton, Cumberland County THIS INDENTURE Made the Fourth day of January, 2006, between Louie A. Stouffer n/b/m Lorrie Simon(hereinafter called the Grantor(s)) AND Lorrie Simon and David Simon, wife and husband (hereinafter called the Grantee(s)). Witnesseth, That the said Grantor(s) in consideration of ONE dollars ($1.00) paid to the Grantor(s) by the Grantee(s), receipt of which is hereby acknowledged,does(do)grant, bargain, sell and convey to the said Grantee(s), his, her, their heirs, personal representatives, its successors and assigns. All that certain lot of land situate in Southampton Township, Cumberland County,Pennsylvania, bounded and described according to Final Subdivision Plan of"Walnut Grove"for John Blllman, prepared by Whitlock and Hartman, dated February 2, 1981 and recorded in Cumberland County Plan Book 41, Page 59, as follows,to wit: Beginning at an iron pin in the centerline of Cieversburg Road(L.R. 21050)and the Southwestern corner of Lot 2 on the above-referenced Plan; thence along said Lot 2, North 74 degrees, 27 minutes, 27 seconds East 186.00 feet to an Iron pin in line of other lands of the Grantor; thence along said other lands of the Grantor, South 13 degrees, 05 minutes,02 seconds East 135.62 feet to a concrete monument; thence along Lot 4 on the above-referenced Plan, South 81 degrees, 44 minutes, 12 seconds West 174.64 feet to an iron pin in the centerline of Cleversburg Road(L.R. 21050); thence along the centerline of said Cieversburg Road(L.R.21050) North 21 degrees, 30 minutes, 14 seconds West to an iron pin; thence along the centerline of said Cleversburg Road(L.R. 21050)on a line curving to the right and having a radius of 500,00 feet and an arc length 53.64 feet to a point, the place of Beginning. Being Lot 3 on the above-referenced Plan. All that certain lot of land situate in Southampton Township, Cumberland County Pennsylvania bounded and described according to Final Subdivision Plan of for John H. Hillman, prepared by Eric L. Diffenbaugh, dated April 3, 2000, revised April 25, 2000 and recorded in Cumberland County Plan Book 81, Page 56 and 56A,as follows to wit: BOOK 272 PAcE.4316 ,.o„ p.70.n7 A„ ri IMARFRI enin rni INTY lnst.#200601504-Page 1 of 3 (GENERAL/SPECIAL WARRANTY DEED/INDIVIDUAL or CORPORATE) Order No.:1130818Q(277 Neil Road-Simon) Page 2 Beginning at an existing bolt at the corner of the aforesaid Lot#3 and#2 and 2A; thence along the said Lot#2A North 74 degrees 39 minutes, 40 seconds East, 139.92 feet to an iron pin set at lands now or formerly of John H. Billman; thence along said Biliman land,on a curve to the left having a radius of 746.80 feet, a chord of 153.10 feet on a bearing of South 08 degrees, 51 minutes, 56 seconds East,for an arc distance of 153.37 feet to a set iron pin at the corner of Lot#4A of the above-mentioned subdivision plan;thence along the dividing line of Lot#3A and to Lot#4A, South 82 degrees 02 minutes 04 seconds West, 129.71 feet to an existing bolt at the corner of Lot#3 above described;thence along the dividing line of Lot#3 and #3A, North 12 degrees 46 minutes 53 seconds West, 135.61 feet to an existing bolt, the point and place of beginning. Being Part of Lot 3A on the above-reference plan. THE PROPERTY IDENTIFICATION NUMBER FOR THE ABOVE DESCRIBED PARCEL IS 39-13-0102-033. Being the same premises which Marlene P.Biliman, married woman, by Indenture dated 10-19-00 and recorded 10-31-00 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 232 page 1054,granted and conveyed unto Lorrie A. Stouffer, unmarried. Lorrie A. Stouffer is now known by marriage as Lorrie Simon. THIS TRANSFER IS FROM WIFE TO WIFE AND HUSBAND AND IS THEREFORE TRANSFER TAX EXEMPT. Together with all and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor(s), as well at law as in equity,of, in and to the same. To have and to hold the said lot or piece of ground above described, hereditaments and premises hereby granted, or mentioned and intended so to be,with the appurtenances, unto the said Grantee(s), his, her, their, heirs, personal representatives, its successors and assigns, to and for the only proper use and benefit of the said Grantee(s), his, her, their, heirs, personal representatives, Its successors and assigns, forever. AND the said Grantor(s), and his, her, their, heirs and personal representatives, its successors does(do) covenant, promise and agree, to and with the said Grantee(s), his, her, their heirs, personal representatives, its successors and assigns, by these presents, that the said Grantor(s) his, her, their, heirs, and personal representatives, its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with appurtenances, unto the said Grantee(s), his, her their heirs, its successors and assigns, against the said Grantor(s) and his, her their heirs, Its successors, and against all and every person and persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under any of them, shall and will warrant Specially the property hereby conveyed. EQQx 27,E PAGE49i? t1R/1 low 0 A?Ara AM CUMBERLAND COUNTY Inst.#200601804-Page 2 of 3 gym. (GENERAL/SPECIAL WARRANTY DEED/INDIVIDUAL or CORPORATE) Order No.:1136818Q(277 Nail Road-Simon) Page 3 In Witness Whereof, the said Grantor(s) has(have) hereunto set his/her/its/their hands and seals. Dated the day and year first above written. WITNESS: 14Zi.k.; f\t, ,tz 2.) 21, touffer aka: L A. Simon State of Pennsylvania County of Cumberland On this, the Fourth day of January, 2006, before me the undersigned officer, personally appeared Lorrie A. Stouffer n/b/m Lorrie Simon, known to me (or satisfactorily proven) to be the person or persons whose name(s) Is (are) subscribed to the within instrument, and acknowledged that he / she/ they executed the same for the purposes therein contained. In witness whereof,I hereunto set my hand and official seal. NOTARIAL SEAL �n,� (� VICKI IL CROMER, NOTARY PUBLIC � � V" PENNTWP. CUMBERLAND COUNTY MY COMMISSION EXPIRES JAN.16,2001 Notary Public f CERTIFICATE OF RESIDENCE ' I hereby certify that the precise residence of the grantee(s) herein is 0 '. "'frr` 277 Neil Road,Shl nsburg,Pennsylvania 17257 *f PPe ..r �?a • +t: For Grantee(s) 0 1 ,;jet IC� Record and return to: t�LIitty PA First American Title Insurance Company • 472 California Road, Quakertown, PA 18951 - 1 14 Recorder of Deeds BWX 272 FACE4O18 nknvomn R 7Fi 07 AM CLIMEIFRLAND COUNTY Inst.#200601804-F'age 3 of 3 •' rF a- ..e : . . .. i.-' ,. ':.': . , .. :: v O 00 J Q■ to A W N r O G z N 0 ccoo et " A ,W o k k >1 M yry.� d j CD A •P A — . D-+ CO 00 00 00 00 00 — " ,2_, Cr CZ Vo ,°o 00 00 00 't z-' n ~ Coto z r- t) ci) t--) C" d z ?: g Z w Ns N �� J 0 C P J 2 C AD O. '0 r a§ t b n .= O (D• fa Z Fo C1. `o g Z• > 't � '-'•- 0 0 0 0 0 ¢, Y 0 r . � � � C/ - aCD vo � • a — 2 ocp wrNd b CA a a _° U.) n C w Z N - eD ooa' rr~ Cr1 tN) c, b n L' I eD ,°y w AD 0. ''d c 2 0 ,-» r CD o O o 7, - o ry A 5. A w ›• CL. . "! o p Q"° 0 cn 0 0 v,-1T 0E 0 0.� - 0 R0 N g M § -- . .,d M o o, . N O= e. c O 5 0 � N K q1 v y o " � acS. a 5 ° .9 a co .m;? w 5 'b ° hi 5 a CO a.a y5aw ttN rt w o Yo, C D °w 5 w • N ry ry R g A� S C P-1.y 5 :'' '' 0: U.S.POSTAGE>>PITNEY BOWES d0.Vi 5 .J .5 1 •.. �- 5 o0 i' �.14 21P19103 $ 002.71 :, 5 09 L co ' ti_r. 02 11N d a r• ••• • • • 0001381 191 FEB 18 2014 9, w ° -, I PHELAN HALLINAN, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-4491 Email: Iauren.tabas.(phelanhall inan.com Email: josepthdcbarberie@phelanhallinan.com Lauren R.Tabas, Esquire Representing Lenders in Joseph E. DeBarberie, Esquire Pennsylvania&New Jersey February 18, 2014 David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257-9403 RE: Freedom Mortgage Corporation vs. David Simon and Lorrie Simon Cumberland County CCP,No. 12-7150-Civil Dear Sir or Madam, Enclosed please find a true and correct copy of my proposed Plaintiffs Motion for Equitable Conversion, Nunc Pro Tune and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is equitably converting the property at 277 Neil Road, Shippensburg, PA 17257-9403 to real estate. Please respond to me by February 24, 2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, I,G ur r7 R. Tabas, Esquire Joseh E. DeBarberie, Esquire For Phelan Hallinan, LL,P Enclosure PHELAN HALLINAN, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-561-4491 Email: Iauren.tabas.@phelanhallinan.com Email: joseph.debarberie@phelanhallinan.com Lauren R.Tabas, Esquire Representing Lenders in Joseph E. DeBarberie, Esquire Pennsylvania& New Jersey February 18, 2014 David Simon Lorrie Simon 137 Southside Drive Newville,PA 17241-9536 RE: Freedom Mortgage Corporation vs. David Simon and Lorrie Simon Cumberland County CCP, No, 12-7150-Civil Dear Sir or Madam, Enclosed please find a true and correct copy of my proposed Plaintiffs Motion for Equitable Conversion, Nunc Pro Tune and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is equitably converting the property at 277 Neil Road, Shippensburg, PA 17257-9403 to real estate. Please respond to me by February 24, 2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, ti ) I tune R. Tabas, Esquire Joseph E. DeBarberie, Esquire For Phelan Hallinan, LLP Enclosure PIIELAN HALLINAN, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-4491 Email: lauren.tabas.(a,,phelanhallinan.com Email: joseph.debarberie@phelanhallinan.com Lauren R.Tabas, Esquire Representing Lenders in Joseph E. DeBarberie, Esquire Pennsylvania &New Jersey February 18, 2014 Bane Scherer, LLC Bret Patrick Shaffer, Esquire 19 W South Street Carlisle, PA 17013 RE: Freedom Mortgage Corporation vs. David Simon and Lorrie Simon Cumberland County CCP,No. 12-7150-Civil Dear Mr. Shaffer, Enclosed please find a true and correct copy of my proposed Plaintiffs Motion for Equitable Conversion, Nunc Pro Tune and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is equitably converting the property at 277 Neil Road, Shippensburg, PA 17257-9403 to real estate. Please respond to me by February 24, 2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, .., ,4.4 I ...,, ,aurc /R. Tabas, Esquire Joseph E. DeBarberie, Esquire For Phelan Hallinan, LLP Enclosure PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D.No. 93337 Joseph E. DeBarberie, Esquire, I.D.No. 315421 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Freedom Mortgage Corporation : Court of Common Pleas 907 Sentara Way Suite 3 Mt. Laurel, NJ 08054 : Civil Division Plaintiff : Cumberland County vs. : No. 12-7150-Civil David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257-9403 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Equitable Conversion and to Confirm Sheriff's Sale,Nunc pro Tunc and Brief in Support thereof, were served by regular mail on Defendants on the date listed below. David Simon David Simon Lorrie Simon Lorrie Simon 277 Neil Road 137 Southside Drive Shippensburg, PA 17257-9403 Newville, PA 17241-9536 Baric Scherer, LLC Bret Patrick Shaffer, Esquire 19 W South Street Carlisle, PA 17013 P LAN HALLIN A N LP 7 Date: 2 2_ ( 1 By`, }'� • ,\„ ren R. Tabas, Esquire J i.eph E. DeBarberie, Esquire Attorneys for Plaintiff FREEDOM MORTGAGE : IN THE COURT OF COMMON PLEAS OF COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — LAW DAVID SIMON and LORRIE SIMON, Defendants : NO. 12-7150 CIVIL TERM IN RE: MOTION FOR EQUITABLE CONVERSION AND TO CONFIRM SHERIFF'S SALE, NUNC PRO TUNC ORDER OF COURT AND NOW, this 5th day of March, 2014, upon consideration of Plaintiffs Motion for Equitable Conversion and To Confirm Sheriffs Sale, Nunc Pro Tunc, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. BY THE COURT, 71;t_ C istylee L. Peck, J. en R. Tabas, Esq. Joseph E. DeBarberie, Esq. PHELAN HALLINAN, LLP One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorneys for Plaintiff l■cret P. Shaffer, Esq. BARIC SCHERER, LLC 19 W. South Street Carlisle, PA 17013 N.> r- T avid Simon Lorrie Simon 137 Southside Drive Newville, PA 17241 -9536 :rc t,cs, PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 -1814 (215) 563 -7000 Freedom Mortgage Corporation 907 Sentara Way Suite 3 Mt. Laurel, NJ 08054 Plaintiff vs. David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257 -9403 Defendants TO THE PROTHONOTARY: T HON 0iA•j 20!14 NAP 12 AN 10: 7 CUMBERLAND PENNS YLVANIA TY ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 12-7150-Civil CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Order of Court dated March 5, 2014 was served by regular mail on Defendants on the date listed below. David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257 -9403 David Simon Lorrie Simon 137 Southside Drive Newville, PA 17241 -9536 741188 Baric Scherer, LLC Bret Patrick Shaffer, Esquire 19 W South Street Carlisle, PA 17013 Date: PHE N HA LINAN, LLP By: La en R. Tabas, Esquire Joseph E. DeBarberie, Esquire Attorneys for Plaintiff 741188 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY » F|[Er-OcF/[r (cu. b F THE PROTHONOTARY .^o70 78/[1#8A27 PH 3: .00 CUMBERLAND Ty PENNSYLVANIA Freedom Mortgage Corporation VS. David Simon (et al.) Case Number 2012-7150 SHERIFF'S RETURN OF SERVICE 09/23/2013 11:36 AM - Deputy Jason Kinsler, being duly sworn accor inghu|mw.obsbamsenvicewaeperfonnadby posting a true copy of the requested Real Estate Wr .NoticoondOeechption.and8o|aHendbiUinthe abovetitkadecion.uponthepnoporty|000tadat277Nei|Roed.Southampton'Townahip.Ghippenuburg. PA 17257, Cumberland County. 10/07/2013 07:23 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lorrie Simon at 137 Southside Drive, Penn Township, NewviUe, PA 17241, Cumberland County. 10V07/2013 07:23 PM - Deputy Dawn Ka||, being duly sworn according to |mw, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Lorrie Simon, wife. 10-7-2013 DLK, who accepted as "Adult Person in Charge" for David Simon at 137 Southside Drive, Penn Township, Newville, PA 17241, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Freedom Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $850.59 SO ANSWERS, February 19, 2014 wrounwSuit"Sheriff, Telecsoft,/nc. RQN R ANDERSON, SHERIFF 1�'� y1vq ,� /� �- � � ^��, �� - �c��_ 9 as- sr) a oe, 95-o � � we/4-4 '� ^ p~ 01 On August 1, 2013 the Sheriff levied upon the defendant's interest in the real propeity situated in Southampton Township, Cumberland County, PA, Known and numbered as, 277 Neil Road, Shippensburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 1, 2013 By: Real Estate Coor inator a, LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012 -7150 Civil. Term FREEDOM MORTGAGE CORPORATION vs. s DAVID SIMON, Lorne Sirndn .. Atty.: Joseph Schalk By virtue of a Writ:: "of Execution No. .12 -7150- CIVIL, FREEDOM ,_MORTGAGE CORPORATION v..DA- VID SIMON,'LORRIE SIMON owner(s)' of property situate in the TOWNSHIP OF SOUTHAMPTON,'CUMBERLAND County, Pennsylvania, being 277 NEIL ROAD, SHIPPENSBURG, PA 17257 -9403. Parcel No. 39 -13- 0102 -033. Improvements thereon: RESIDEN= TIAL DWELLING. Judgment Amount: $193,388.26. 112 �� R z..1" Lt; 1 . 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: October 11, October 18 and October 25, 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. isa Marie Coyne, F�flitor SWORN TO AND SUBSCRIBED before me this 25 da of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. `1020 Technology Pkwy Suite „300 Mechanicsburg, PA 17050 Inquiries - 717 - 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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. PUBLICATION COPY 2012 -7150 ChM Term FREEDOM MORTGAGE CORPORATION vs. DAVID SIMON Lorrle Simon Atty: Joseph Schalk By virtue of a Writ of Execution No. 12- 7150 -CIVIL FREEDOM MORTGAGE' CORPORATION v. DAVID SIMON LORRIE SIMON . oryner(s) . of property situate in the - _TOWNSHIP OF SOUTHAMPTON, CUMBERLAND Coenty, Pennsylvania, being 277 NEIL ROAD, SHIPPENSBURG, PA 17257 -9403 Parcel No. 39.13 -0102 -033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: 5193,388.26 - This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to . nd subscribed befo his 11 day of November, 2013 A.D. ONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Freedom Mortgage Corporation is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 25th day of Rine, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 7150, at the suit of Freedom Mortgage Corporation against David Simon and Lorrie Simon is duly recorded as Instrument Number 201406176. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 1 I: r ii0THCNJ TA,, 2014 APR 21 AM 9: 53 CUM 3ERLA ?4O COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, T.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 -1814 (215) 563 -7000 ATTORNEY FOR PLAINTIFF Freedom Mortgage Corporation : Court of Common Pleas 907 Sentara Way Suite 3 Mt. Laurel, NJ 08054 : Civil Division Plaintiff : Cumberland County vs. : No. 12-7150-Civil David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257 -9403 Defendants MOTION TO MAKE RULE ABSOLUTE Freedom Mortgage Corporation, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follows: 1. On or about February 27, 2014, Plaintiff filed a Motion for Equitable Conversion and to Cofirm Sheriffs Sale, Nunc Pro Tunc. 2. On March 5, 2014, the .Court entered an Order issuing a Rule upon the Defendants to show cause, if any to why the relief requested in the Motion for Equitable Conversion and to Cofirm Sheriffs Sale, Nunc Pro Tunc should not be granted within 30 741188 days of service. A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit "A ". 3. A copy of the Order was served on Defendants on March 11, 2014. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit "B ". 4. Defendant failed to respond or otherwise plead within 30 days. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion for Equitable Conversion and to Cofirm Sheriff's Sale, Nunc Pro Tunc. Date: 4 11Q /1��I ►� Mt: ► LLP iLareeri auren R. Tabas, Esquire Joseph E. DeBarberie, Esquire Attorneys for Plaintiff 741188 EXHIBIT A FREEDOM MORTGAGE : IN THE COURT OF COMMON PLEAS OF COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v, : CIVIL ACTION — LAW DAVID SIMON and LORRIE SIMON, Defendants : NO. 12-7150 CI'VIL TERM IN RE: MOTION FOR EQUITABLE CONVERSION AND TO CONFIRM SHERIFF'S SALE, NUNC PRO TUNC ORDER OF COURT AND NOW, this 5th day of March, 2014, upon consideration of Plaintiffs Motion for Equitable Conversion and To Confirm Sheriffs Sale, Nunc Pro Tunc, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 30 days of service. BY THE COURT, ( eil R. Tabas, Esq. Joseph E. DeBarberie, Esq. PHELAN HALLINAN, LLP One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorneys for Plaintiff Shaffer, Esq. BARIC SCHERER, LLC 19 W. South Street Carlisle, PA 17013 ylee L. Peck, avid Simon Lorrie Simon 137 Southside Drive Newville, PA 17241 -9536 :rc fre. c(c EXHIBIT B CUMBERL /AL) COUNT `1 PENNS Y" VAM,A PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, 1.D. No, 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Freedom Mortgage Corporation 907 Sentara Way Suite 3 Mt. Laurel, NJ 08054 Plaintiff VS, David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257-9403 Defendants TO THE PROTHONOTARY: • ;..) CERTIFICATI ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 12-7150-Civil )N OF SERVICE I hereby certify that a true and correct copy of the Order of Court dated March 5, 2014 was served by regular mail on Defendants on the date listed below. David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257-9403 David Simon •,.orric Simon -- 137 Southside Drive Newville, PA 17241-9536 741188 Baric Scherer, LLC Bret Patrick Shaffer, Esquire 19 W South Street Carlisle, PA 17013 Date: By: N I IALL La u en R. Tabas, Esquire Joseph E. DeBarberie, Esquire Attorneys for Plaintiff 741188 PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 -1814 (215) 563 -7000 ATTORNEY FOR PLAINTIFF Freedom Mortgage Corporation 907 Sentara Way Suite 3 Mt. Laurel, NJ 08054 Plaintiff vs. David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257 -9403 Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 12-7150-Civil CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257 -9403 David Simon Lorrie Simon 137 Southside Drive Newville, PA 17241 -9536 741188 Baric Scherer, LLC Bret Patrick Shaffer, Esquire 19 W South Street Carlisle, PA 17013 Date: I))iiIi � a e n R. Tabas, Esquire Joseph E. DeBarberie, Esquire Attorneys for Plaintiff 741188 r FILED-OFFICE OF THE PROTHONOTARY 23iti APR 30 AMII :26 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Freedom Mortgage Corporation : Court of Common Pleas 907 Sentara Way Suite 3 Mt. Laurel, NJ 08054 : Civil Division Plaintiff vs. : No. 12-7150-Civil David Simon Lorrie Simon 277 Neil Road Shippensburg, PA 17257 -9403 Defendants ORDER AND NOW, this :3 day of , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED, DECREED, and DECLARED that: 1. The dwelling and the land to which it is permanently affixed at 277 Neil Road, Shippensburg, PA 17257 -9403, Southampton Township with a tax parcel I.D. number of 39 -13- 0102 -033 is one parcel of real estate; 2. The dwelling shall not be subject to separation from the land; 3. The Sheriffs sale of the aforementioned property of December 4, 2013 is confirmed, nunc pro tunc; 4. Title to the dwelling passed with the land to the purchaser at Sheriff's sale; 768376 AND 5. Title to the dwelling will pass with any subsequent conveyance of the Property; 6. The Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this order for recording. BY THE COURT: 741188