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Home My WebLink About13-1131 C w ~ -o~ ~ ~n ~ ' Z~ ~ '~~ Np ~ o <~ ~~ ~ ~~ -- G .. ~' ~ cl~ ..~: PHELAN HALLINAN & SCHIvIIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 Plaintiff ~. WALTER W. BRAITHWAITE MARIA A. BRATTHWATTE 62 CHELSEA LANE CARLISLE, PA 17015-7912 THE UNITED STATES OF AMERICA GO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. 13 - - C31 l.~iv ~ t ~rw1 CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE O 103.5 ~p ~~ e-~ ~asoc~i5' File #: 299774 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File #: 299774 1. Plaintiff is FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 2. The name(s) and last known address(es) of the Defendant(s) are: WALTER W. BRATTHWATTE MARIA A. BRAITHWATTE 62 CHELSEA LANE CARLISLE, PA 17015-7912 THE UNITED STATES OF AMERICA GO THE UNITED STATES ATTORNEY FOR TIIE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/10/2007 WALTER W. BRAITHWAITE and MARIA A. BRAITHWAITE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST HORIZON LOANS, A DIVISION OF FIRST TENNESSEE BANK, N.A. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200731760. Said mortgage was modified as set forth in the modification agreement recorded 12!19/2011, as Instrument No. 201135226. By Assignment of Mortgage recorded 08/31/2010 the mortgage was assigned to FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") which Assignment is recorded in Assignment of Mortgage Instrument No. 201024192. Said mortgage was modified as set forth in the modification agreement recorded 12/19/2011, in Mortgage Instrument No. 201135226. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein File #: 299774 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. 5 6 The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 12/24/2012: Principal Balance Interest 10/01/2011 through 12/24/2012 Late Charges Property Inspections Escrow Deficit TOTAL 7 $380,597.09 ' $9,360.26 $533.98 $210.00 9 071.54 $399,772.87 ~ 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. File #: 299774 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: United States vs. WALTER W. BRAITHWAITE; CUMBERLAND Docket No. 10-6577-FTL; Filed 10/15/2010; in the amount of $10,385.56 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $399,772.87, 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 & SCHMIEG, LLP By: Jo 'chael Kolesnik, Esquire orney for Plaintiff File #: 299774 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates, recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot No. 30 and Lot No. 31; thence along said western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point in the dividing line between Lots Nos. 31 and 32; thence along the dividing line between Lots Nos. 31 and 32 North 81 degrees 45 minutes 23 seconds East a distance of 310.67 feet to a point in the dividing line between Lots Nos. 31 and 40; thence along the dividing line between Lots Nos. 31 and 40 North 08 degrees 51 minutes 28 seconds East a distance of 140.00 feet to a point in the dividing line between Lots Nos. 31 and 30; thence along the dividing line between Lots Nos. 31 and 30 South 88 degrees 17 minutes 00 seconds East a distance of 325.11 feet to a point in the western right of way line of 60 feet wide Chelsea Lane, the place of BEGINNING. THE ABOVE DESCRIBED lot of land is all of Lot No. 31 as shown on said Subdivision Plan for Kings Gap Estates recorded as aforesaid, and contains an area of 50,067 square feet, or 1.15 acres, more or less. THE ABOVE DESCRIBED Lot #31 has the mailing address of 62 Chelsea Lane, Carlisle, PA 17013. PROPERTY ADDRESS: 62 CHELSEA LANE, CARLISLE, PA 17015-7912 PARCEL # 08-12-0334-127 File #: 299774 VERIFICATION williain Randolph hereby states that he/she is Foreclosure SpeCialistof SETERUS, INC., 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. ~~ Z~ri~ Name: ~ illam Randolph DATE: ~Z' ~ ! ~ t 3 Title: Foreclosure Specialist SETERUS, INC. File#: 299774 Name: BRAITHWAITE Seterus, Inc., as Servicer -~~; federal National Mortgage A59oaation ("FNMA") File #: 299774 FORM 1 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Plaintiff(s) vs. WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE THE UNITED STATES OF AMERICA C/O THE UNTIED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) . - ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 13 -113 ~ C _ ° ~ ~ ~~ Z --~ ~~ ~~ ~ ~~ z t'~ ~-n --~` Y t-a ~ ~ ~ 3 ""' ~ z-~.,~. IV~ I~ ~~ ca ~r;~ -~ ~ '", 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. ff 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) 243- 9400 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 provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial 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 will have 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 that 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: 2/~~3 Date J n Michael Kolesnik, squire Attorney for Plaintiff Civil FORM ~ 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: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Borrower Occupied? Yes ^ No ^ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Cell: How long? Other: Home: Office: Cell: Other: State: Zip: How long? Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: 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 #l: Model: yam; Amount owed: Value: Automobile #2: Model: yr; Amount owed: Value: Other transvortation (automobiles, boats motorcvcles)• Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 Mort a e Utilities Car Pa ment(s) Condo/Nei .Fees Auto Insurance Med. (not covered) Auto fueUr airs Other ro . a ent Install. Loan Pa ent Cable TV Child Su oNAlim. S ndin 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 (HEMAP) 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 lrnown, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: UWe, ,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. UWe understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Co-Borrower Signature Date 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 1617 JFK Boulevard,Suite 1400 2C 13 MAR 2 6 f-= One Penn Center Plaza r E Philadelphia,PA 19103 .,J s ER rr�€a� ��0.�.,; 215-563-7000 ' Sy VANI FANNIE MAE ("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION") Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY WALTER W. BRAITHWAITE No. 13-1131 MARIA A. BRAITHWAITE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP By: JA-1 Jon an obb, Esq., Id.No.312174 Att ey for Plaintiff Date: JNL/clo, Svc Dept. File#299774 �- ��g3o AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PHS#299774 DEFENDANT SERVICE TEAM/clo WALTER W.BRAITHWAITE COURT NO.:13-1131 C7 MARIA A.BRAITHWAITE -n THE UNITED STATES OF AMERICA C/O THE UNITED STATES G w ATTORNEY FOR THE MIDDLE DISTRICT OF PA "Ct ' yr is1 MW" 10 SERVE THE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure MAIN JUSTICE BUILDING XX Civil Action - = 950 PENNSYLVANIA AVENUE,N.W. ca y— 5 WASHINGTON,DC 20530 Z�C 7 %� =F SERVED �Z„1 Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTOtNEY FOR THE MIDDLE DISTRICT OF PA,Defendant on thet2Nday of d,C&jm=,201 x. at a--• M o'cloclr.M.,at >4ry As VrY-2>b t)6 in the manner described below: _Defendant personally served. —Adult family member with whom Defendants)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). ent or person in charge of Defendant's office or usual place of business. -*37{' i S5, an officer of said Defendant's company. Other: Description: Age „.23 Height 6'1' Weight /?V.__Race Sex M Other 1,t C-V\ /. - -4;L-z a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. %%J111 11111 ! Sworn to and subscrt ed �'►�,�P,”' ' 20 before me this ay ��G}_.�---- `w Q- of 2013 4 REG.N!?.72tl54Q0 N By: ' EXPIRES 1231`� . NOT SERVED •:•per �Q;9 V e day:a 2Q_,at o'clock M.,I, a co stc��[tta e.�tiat Defendan[ TOT O ecause: rr�JA ••• �y `O` % Vacant _Does Not Exist _Moved Does Not Reside(Nor' r� 111111�� _No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of ,20_. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No,206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No.310592 Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No,200392 Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 C= �. SHERIFF'S OFFICE OF CUMBERLAND COL�WY`, = Ronny R Anderson Sheriffr�rto d t;ifuf� � it# t-G.'D> Cs. Jody S Smith Chief Deputy *� y --.•c-:)e- Richard W Stewart "��1F��' Solicitor OF r THE HICRIFr 47' Fannie Mae"Federal National Mortgage Association" Case Number vs. Walter W. Braithwaite(et al.) 2013-1131 SHERIFF'S RETURN OF SERVICE 03/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Maria A. Braithwaite, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 62 Chelsea Lane, Dickinson Township, Carlisle, PA 17015. Residence appears to be vacant. Per the Carlisle Postmaster the defendant now resides at 7219 Via Abruzzi, Lakeworth, Florida 33467. 03/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Maria A. Braithwaite, but was unable to locate the Defendant in the Sheriff's bailiwick.The Sheriff therefore deputizes the Sheriff of Lehigh, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 0312812013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Walter W. Braithwaite, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program &Complaint in Mortgage Foreclosure as"Not Found"at 62 Chelsea Lane, Dickinson Township, Carlisle, PA 17015. The residence appears to be vacant and the Carlisle Postmaster has provided an address of 7219 VIA Abruzzi Lake Worth, Florida 33467. 04/26/2013 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Lehigh County, the within named Defendant Maria A. Braithwaite, not found. Ronald W. Rossi, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.46 SO ANSWERS, May 13, 2013 RbNW R ANDERSON, SHERIFF (C)County:uito Sheriff,701eosott.1110, � SHERIFF OFFICE COURTHOUSE - 5TH & HAMILTON STREETS 455 W HAMILTON ST ~r ROOM 253 ALLENTOWN PA 18101-1614 0N � � -- �� r ^� � �� FANNIE MAE »�� DOC#: 2013 46 FEDERAL NATIONAL MTG ASSOC y~ CASE: 2013 69 °� ° w VS yv~K l EXPIR: 25-A��~ 2013 / ~ &�� ` ' WALTER W BRAITHWAITE; ET AL �� - DEPOSIT: 30. 00 ( {�UMB CO -- 13-1131 ) ` � � ��*/ � ENTRY: 16-Apr-2013 WRIT -. 'REINSTATED COMPLAINT IN MTG. FORE. RECI D: 03-Apr-2013 �� AND NOTICE « �� ,��L� v w " � SERVE: MARIA A BRAITHWAITE u�y AT : 1818 W HIGHLAND ST ALLENTOWN, PA 18104 ATTNY: 000 000 0000 ' »~» _______________________________________________________________________________ RETURN OF SERVICE .� ' (PURSUANT TO PARCP 405) 1. NAME OF INDIVIDUAL SERVED: 2. RELATIONSHIP TO DEFENDANT: 3. DATE: 20_�~� TIME:_ _ 4. LOCATION OF SERVICE:_____ ��.......... . - -------------------- 5. UNABLE TO LOCATE: ( ) NUMBER OF ATTEMPTS TO LOCATE DEFENDANT AT LAST KNOWN ADDRESS: 1. DATE & TIME 2. DATE & TIME 3. DATE & TIME /4. DATE & TIME - ' ~ � cl;�~� 5. DATE & TIME 6. DATE & TIME - ACCEPTANCE OF SERVICE I HEREBY ACCEPT SERVICE OF THE LEGAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS ACCEPTED ON BEHALF OF THE LISTED DEFENDANT (S) AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SO. OF AUTHORIZED - NAME OF AUTHOR DATE: TIME PRINT NAME OF DEPUTY SHERIFF SO ANSWERS OUNTY ' F ILED-OFFICE Of a THE PROTI-IONOTAR'( PHELAN HALLINAN,LLP 2013 JUN °-6 AM 10: 10 Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION') Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY WALTER W.BRAITHWAITE No. 13-1131 MARIA A.BRAITHWAITE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP By: Meredtth Wooters, Esq., Id. No.307207 Attorney for Plaintiff Date: Jr 3 /mig, Svc Dept. File#299774 0� _ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i"LED-01"FICE Sheriff 0; J"HE PROTHONOTARY HONOTAR Jody S Smithw�xr aY ¢r�rax�b Chief Deputy 1013 JUN 26 PM ,2 13. Richard W Stewart CUMBERLAND NUNTY Solicitor QFFIGEOFT .St�=R'F� PENNSYLVANIA Fannie Mae"Federal National Mortgage Association" Case Number vs. Walter W. Braithwaite(et al.) 2013-1131 SHERIFF'S RETURN OF SERVICE 06/07/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Maria A. Braithwaite, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Berks, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 06/14/2013 06:00 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Berks County upon Maria A. Braithwaite, personally, at 8664 Hensingerville Road, Macungie, PA 18062. Eric J. Weaknecht, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $29.50 SO ANSWERS, x 2w�/ � June 21, 2013 RON ' R ANDERSON, SHERIFF (c)County5uito Sheriff,T©leosoft,Inc, TY COUNTY GE-ARKS, PENNSYLVANIA - SHERIFF'S DEPARTMENT Courthouse-3rd Floor Phone: 610.478.6240 633,Court.Street Fax:610.478.6222 Reading, PA 19601 Eric J. Weaknecht, Sheriff John Stanton, Chief Deputy S C AFFIDAVIT OF SERVICE DOCKET NO. 13-CUMB1131 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, Charles Parrott,Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Permsylania, who being duly sworn according to law, deposes and says that on 6/13/2013 6:00:OOPM,he served the annexed Complaint in Civil Action-Law Mortgage Forecl.upon MARIA A BRAITHWAITE, within named defendant, by handing a copy thereof to MARIA A BRAITHWAITE,HER personally,at 8664 HENSINGERVILLE ROAD,Longswamp Township, Berks,County,Pa., and made known to defendant the contents thereof. &, f 61�4160 DEPUTY SHERIFF OF BERKS COUNTY.,PA &worn and subscribed before me Charles Parrott 14 day 2013 NOTARY PUBLIC,READING,BERKS CO.,PA Services made as set forth above NOTARIAL SEAL REBECCA OXENREIDER Notary Public So Answers, CITY OF READING,BERKS COUNTY My Commission Expires Feb 22,2016 SHER1Ff'0E-BERKS COUNTY,PA Eric J.Weaknech't Sheriffs Costs in Above Proceedings $ 100.00 DEPOSIT $ 61.29 ACTUAL COST OF CASE $ 38.71 AMOUNT OF REFUND All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof —Sec. 2,Act of June 20, 1911,P.L/ 1072 Dedicated to public service with integrity, virtue &excellence www.countvofberks.com/Sheriff FANNIE MAE (FEDERAL NATIONAL MORTGAGE ASSOCIATION) 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 Plaintiff COURT OF COMMON PLEAS =V. r r- R�j^^i WALTER BRAITHWAITE CIVIL DIVISION ter`- t MARIA BRAITHWAITE TERM 62 CHELSEA LANE NO. 13-1131 Civil Term C� -b CARLISLE, PA 17015 Cumberland County Defendants -- CIVIL ACTION-LAW ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE 1- Agreed 2- Agreed 3- Disagreed. Mortgaged modification recorded 12/19/2011 done by only one defendant after their Divorce Decree. Defendant, Maria Braithwaite had no knowledge of modification, modification was done without defendant's consent. Defendant, Maria Braithwaite included mortgage on Bankruptcy and did not modified the note with Plaintiff on 12/19/2011. 4- Agreed 5- Disagreed 6- Disagreed. 7- Agreed 8- Agreed 9- Agreed WHEREFORE, Defendant demands that Complaint should be dropped and no judgment in the sum of $399,772.87 should be demanded against Defendant Maria Braithwaite. e- 011/.� L� Maria Braithwaite, Defendant PHELAN HALLINAN,LLP � y � 9� ' Allison F.Zuckerman,Esq.,Id.No.309519 , 1617 JFK Boulevard,Suite 1400 nY R AtV0 � One Penn Center Plaza Philadelphia,PA 19103 PEONSYLVA* 'A allison.zuckerman@phelanhallinan.com 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL COURT OF COMMON PLEAS MORTGAGE ASSOCIATION') Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY WALTER W. BRAITHWAITE No. 13-1131 MARIA A. BRAITHWAITE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHE AN A LLP B : ison F. erman, Esq., Id. No.309519 r3 Attorney for Plaintiff Date: /bsd, Svc Dept. File#793536 a � fib d AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MA- F,("FEDERAL NATIONAL MORTGAGE ASSOCIATION'*) PH#793536 C=) DEFENDANT SERVI CE.'"+:AM/b9d rr, rrj cOURT NO.:13-11311 -0 -T-1 WALTER W.BRAITHWAITE MARIA A.BRAITHWAITE THE UNITVD-WrATES OF AMERICA CIO THE UNITRn STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Zz CD n-f JO 1111E UNITED TYPE OF ACTION SERVE THE UNITED STATES OF AME RICA C :) STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure zcc-- MAIN JUSTICE BUILDING XX Civil Action --q c:,- 950 PENNSYLVANIA AVENU11-NAV, WASITLNGTON,DC 20530 SERVED STA S OF AMER TFD S S Ln ICA C/QTHE LIN] �Q—RNEIYOR Served and made known to-TjHEMP,�1TED1;---,—%TF -5 �20 A,at THI,,IODLEDISTIRICTOFPA,Defendaitton the �tdayof-��D�S o lock ft. in the.manner described below. 'c M.,at Defendant personally served. Adult family member with whom Deferidant(s)reside(% Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Martager/Clerk,of place of lodging in which Defctidant(s).residc(s). y Agent or person in charge of Defendant's office or usual place of business. L*% kl'% an officer of said Defendant's company. Other. Description: Age 'LfA Height Other Weight '105 Race�—iAc� Sex�N a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner asset forth berein,is u di the case on the date and at the address indicated above, e LA/- Ir Sworn to and subscribed before me this ki� day 400 20A'� -7205400 -111'r �40. of 34L& PIPES By. Noa NOT.5�VED 0 b< o'clock M-I I—_,a 20 at day PA6 *Decndan-t1q-0T R %1:0 f 4-11 Vacant Does Not Exist Moved Does Not Reside(N6i Vaq4ijo-I —D, No Answer on at t Service Refused Other: Sworn to and subscribed before me this day of By: Notary: Aj2D_BN'EY FOR PLAINTIFF Chrisovalanic P.Fliakos,Esq.,Id.No.§4620 Lawrence T.Pbelan,Esq,,Id,No.32227 Couttenav R.Dunn,Esq.,Id-No.206779 Francis SA-lallinan,Esq.,I&No.62695 Allison i zuckerman,Esq,,Id.No.309519 Daniel G.Schirric&Esq-Id.No.62205 Melissa),Cantwell,Esq.,Id.No.308912 Michele K Bradford,Esq,,Id.No.69849 Mario 1,Hanyon,Esq.,Id.No.20390 Judith T.Rojn,,tuo,Esq,,Id.No,58745 John M,Kolesnik,Esq.,U No,308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id,No,310592 Lauren R.Tabas,Esq.,Id,No.93337 Zachary 1.)ones,Esq..Id.No.310721 Jay B.)ones.Esq.,Id.No.86657 Justin F.Kobeski,Esq,,U No.200392 Andrew L Spivark,Esq.,Id,No,1114439 Adarn Davis,Esq.,Id.No.203034 JOSE Pj,l E.DY-BARBERIE,Fes,,Id.No. 315421 • • FANNIE MAE (FEDERAL NATIONAL MORTGAGE ASSOCIATION) 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 Plaintiff COURT OF COMMON PLEAS V. WALTER BRAITHWAITE CIVIL DIVISION -a MARIA BRAITHWAITE TERM -0 w rti CZ) 62 CHELSEA LANE NO. 13-1131 Civil Term CARLISLE, PA 17015 Cumberland County Defendants , C- CIVIL ACTION-LAW ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE 1- Agreed 2- Agreed 3- Disagreed. Mortgaged modification recorded 12/19/2011 done by only one defendant after their Divorce Decree. Defendant, Maria Braithwaite had no knowledge of modification, modification was done without defendant's consent. Defendant, Maria Braithwaite included mortgage on Bankruptcy and did not modified the note with Plaintiff on 12/19/2011. 4- Agreed 5- Disagreed. Plaintiff,Seterus agreed with Defendants to a Deed in lieu resolution. 6- Disagreed. 7- Agreed 8- Agreed 9- Agreed WHEREFORE, Defendants demands that Complaint should be dropped and no judgment in the sum of$399,772.87 should be demanded against Defendants Walter Braithwaite and Maria Braithwaite.. RiLia4 Walter Braithwaite, Defendant VERIFICATION Walter Braithwaite hereby states that he is the Defendant,verifies that the statements made in the foregoing Answer of Civil Action in Mortgage Foreclosure are true and correct to the best of his 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. it Walter Braithwaite, Defendant Date: 0/9/243 PHELAN HALL1NAN, LLP r~ar Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street F ENNS y� A OUN T Y` Harrisburg, PA 17101 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Court of Common Pleas 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 Civil Division Plaintiff No. 13-1131-CIVIL v. Cumberland County WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Fannie Mae ("Federal National Mortgage Association") (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On March 1, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due November 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit"A". 2. On September 18, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion 793536 Program Notice upon the Defendants. True and correct copies of the Affidavit's of Service are attached hereto, made part hereof and marked as Exhibit`B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendants must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Furthermore, Defendant, Maria A. Braithwaite, filed an Answer to Complaint on July 5, 2013 and Defendant, Walter R. Braithwaite on October 9, 2013. 8. Since Defendants have opted not to participate in the Diversion Program and have filed Answers to Plaintiff's Complaint, it is appropriate for the stay to be lifted. 793536 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP ill Date: �! BY: Ilk. ' A / / or / ose•' '1 Schalk, Esquire Atto ey for Plaintiff 793536 • • • • • • • Exhibit "A" CIO re%4 mgr.) "tto :4-1 „ggggg g ,„,4” c", ci 6 j tit PHELAN HALLINAN&SCIBILEO,LLP John Michael Kolesnik,Esq.,Id No.308877 :617 IFX Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") COURT OF COMMON PLEAS 3900 WISCONSIN AVENUE NW WASHINGTON, DC, 20016 CIVIL DIVISION Plaintiff TERM NO. /3- U31 ;1 term WALTER W.BRAITHWAITE MARIA A.BRAITHWAITE CUMBERLAND COUNTY 62 CHELSEA LANE CARLISLE,PA 17015-7912 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET,SUITE 220,PO BOX 11754 HARRISBURG,PA 17108-1754 Defendants CIVIL ACTION - LAW cOMPLAINT IN MORTGAGE K.IRECLOSURE 4103.'15 Prt a* ocow el 261/76 Fil,#, 299774 3 4 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20)days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO PEE, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (/17 249-3166 (800)9W-9108 Re 4; 299774 A, I Plaintiff is FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW WASHINGTON, D.C., 20016 2. The name(s)and last known address(es)of the Defendant(s) are: WALTER W. BRAITHWAITE MARIA A,BRAITHWAITE 62 CHELSEA LANE CARLISLE,PA 17015-7912 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET,SUITE 220,PO BOX 11754 HARRISBURG,PA 37108-1754 who is/are the mortgagor(s)andlor real owner(s) of the property hereinafter described, 3. On 08/10/2007 WALTER W. BRAITHWAITE and MARIA A. BRAITHWAITE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST HORIZON LOANS, A DIVISION OF FIRST TENNESSEE BANK, N,A, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200731760. Said mortgage was modified as set forth in the modification agreement recorded 12/19/2011, as Instrument No. 201135226, By Assignment of Morigage recorded 08/31/2010 the mortgage was assigned to FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") which Assignment is recorded in Assignment of Morigor Insiruniciii No 201021192. Said mortgage was modified as set forth in the modification agreement recorded 12119/2011, in Mortgage Instrument No, 201135226, The mortgage and ass.ignment(s), if any, are matters of public record and are incorporated herein rflc=c 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 11/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6, The following amounts are due on the mortgage as of 12124/2012: Principal Balance $380,597.09 -/ Interest $9,360.26 10/01/2011 through 12/24/2012 Late Charges $533.98 Property Inspections $210.00 Escrow Deficit $9‘071.54 TOTAL $399,772.87 7. Plaintiff is not seeking a judgment of personal liability(or an in personate 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, Ftle tf: 299774 Ii 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983,as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon,and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency, 9. The United States of America is made a Defendant herein pursuant to 28 U,S.C. 2410. because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the.Judgment Index Unit as follows: * United States vs, WALTER W. BRAMIWA1TE;CUMBERI.AND Docket No, 10-6577-FIL Filed 10/15/2010;in the amount of S10,385,56 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the SIM of $399,772,87, 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 &SCHMIF,C1, LIP Jorlichael Kolesnik, Esquire orney for Plaintiff Hick 294774 LEGAL DESC' 1' _ON ALL.THAT CERTAIN tot of land situate in Dickinson Township,Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates, recorded on April 10, 1992; in the hereinafter named Recorder's Office in Plan Book 64,Page 48,etc., as follows: BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot No.30 and Lot No.31;thence along said western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point in the dividing line between Lots Nos. 31 and 32;thence along the dividing line between Lots Nos. 31 and 32 North 81 degrees 45 minutes 23 seconds East a distance of 310,67 feet to a point in the dividing line between Lots Nos.31 and 40; thence along the dividing line between Lots Nos.31 and 40 North 08 degrees 51 minutes 28 seconds East a distance of 140.00 feet to a point in the dividing line between Lots Nos. 31 and 30: thence along the dividing line between Lots Nos. 31 and 30 South 88 degrees 17 minutes 00 seconds East a • distance of 325.11 feet to a point in the western right of way line of 60 fact wide Chelsea Lane,the place of BEGINNING. THE ABOVE DESCRIBED lot of land is all of Lot No. 31 as shown on said Subdivision Plan for Kings Gap Estates recorded as aforesaid, and contains an area of 50,067 square feet, or 1,15 acres, more or less, THE ABOVE DESCRIBED Lot#31 has the mailing address of 62 Chelsea Lane,Carlisle, PA 17013 PROPERTY ADDRESS: 62 CHELSEA LANE,CARLISLE, PA 17015-7912 PARCEL#08-12-03341.27 File 0: 2c,+9774 Vg• CATION W' it III reclosure S. ..list hereby states that he/she is Fo - of SETERUS, INC.,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. Soc. 4904 relating to unsworn falsification to authorities. /-----„7/ °,#"(z fu Name: dolph DATE: 02. ( Title: re Specialist SETERUS, Setenis, Inc., a Servicer (4,r File#. 299774 CFNMA') Name:BR.A1FFIWAITE RI.t.* 299 FORM 1 IN THE COURT OF COMMON PLEAS FANNIE MAE("FEDERAL NATIONAL , . OF CUMBERLAND COUNTY,PENNSYLVANIA MORTGAGE ASSOCIATION") . C:D Plainiiff(s) =2 --- --1 -03 '4 ret CV 3IC rn-- VS. rri v* r- =7, 71 .-0,..r.i • = WALTER W.BRArnIWAITE , -<-•'" ."-- MARIA A.BRAITHWAITE, r-= < • THE UNITED STATES OF AMERICA C/0 TIM UNITED STATES ATTORNEY FOR THE 13 - 1131 ,,,,,,T(Kac:, ...._c MIDDLE DISTRICT OF PA P'Z 7.P —I x-,„ ;.., Defendant(s) Civil .„. s.,,, 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 a court-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)243- 94)0 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 provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial 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 will have 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 that 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 MUS'i ACT QUICKLY AND TAKE THE STEPS REQUIRED BY"TIIIS NOTICE, THIS PROGRAM IS FREE. Respecifully submitted! , / 1 , ,„„, _„ , -,,, , Date , .14fri Michael Kolesnik, /1',:oiMe Attorney for Plaintiff „ 1 FOR Cumberland County Residential Mortgage Foreclosure Diversion ram 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 yaar counseling agency. Please provide the following information to the best of your knowledge: Borrower . _(s): Property Address: City: Stoat;:;, __ Zip: Is the property for sale? Yes 1 No( Listing date; ,Price::*;' _ Realtor Name: Rvalt;ir Phone: Borrower Occupied? Yes 11 No 11 Mailing Address(if dil`krent r City: State: Zip: Phone Numbers: Hoyt ; Office: Cc . Other: Email: #of people in household: Hcw long?„M, Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell; Other Email; #of people in household: __ How long? First Mortgage Lender: Type of Loan: Loan Number: __ Date You Closed Your Loan: Second Mortgage I Type sf LOau: Loan Number: Total Mortgage Payments Amount: $__ Included Taxes in.w w:nce: Date of Last Payment. Pristry&eason for Default: • Is the loan in Bankruptcy? Yes Ej No El 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: Year: Amount owed: Value;w. Automobile 02:Model:._._._...,. Year- Amount owed: ... Value: Otkter transportation(automobiles,boats,motorcycles): ,Mode);,.,, . . Year: Amount owed: Value_..._ Monthly Income Name of Employers; t Monthly Gross Monthly l�le t 2• Monthly Goss_ Monthly Net 3, Monthly Gross Monthly Net_._ _ Additional Income Description(not wages); l... ._._ .._ ._ ... monthly amount: 2, motehly anscunt; Borrower Pay Days: Co-Borrower Pay Days: Monthly Expeinsest(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"' Mortgage Utilities Car Payment(,) Condca'Net .Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop payment Install Loan Payment t , Cable TV Child Support/Atha Srnding Money ..... Day/Child Care/'Iuit, Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes [] No E If yes,please provide the following information; t o unsel ng Aim( Counselor: Phone(Office): I _ 3 1 , . Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HIiMAP)assistance? Yes[J No rjj It 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[J 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(Narne): Phone: Servicing Company(Nan _ . ntanal: Phone: IfWe, otahorric the above named to me/refer this infoinitti km in my lender/ neer itn 1w sole portals('of evaluating my fimmalitl situation ha poaaiblr mortgage options, 1/We understand that liwe arare tinder no obligation t0115 the ta Run,Aing prA.,),..1411-d la,„ the.tbovr natord Borrower Signature Date Co-B orro vver 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 ex*:. income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency any supporting documentation(hardship ktteri 6. Listing agreement(if property is currently on the market) • • Exhibit "B" . . '''I't:WM!-L:''.','''l;', 7.''",,,,;',U,e'-he#:'''-'::' , :■sa,,,aggnIftiagi),VP,I..., ,,.1`''-',1,.,,',,SV. :*,«i•Cig,k1.4..,, <.,,,,,174 ,.,"14k—,,,, ',4:641, ,,,,,,Atiwo,,,,,,,.-;,, , „,,,,,,, .. COUNTY OUNTY OF IsLIRI(S, PENNSYLVANIA .. yklY.0 SHERIFF'S DEPARTMENT No - Courthouse-3rd Floor Phone:610.478.6240 633 Court Street Fax:610.478.6222 Reading, PA 19801 460,r.,:` 2....4„4,t1,:.; .„.1,1?) 4 , _ . ■ Eric J. Weaknecht, Sheriff John Stanton, Chief Deputy 4'S.00143 AFFIDAVIT OF SERVICE . DOCKET NO. 13-CUM131131 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, Charles Parrott, Deputy for Eric.1. Weaknecht, Sheriff of Berks County, 633 Court Street,Reading,Pennsylania,who being duly sworn according to law,deposes and says that on 6/13/2013 6:00:00PM, he served the annexed Complaint in Civil Action-Law Mortgage Forecl. upon MARIA A BRAITHWAITE,within named defendant, by handing a copy thereof to MARIA A BRATTHWAITE, HER personally,at 8664 HENSINGERVa,LE ROAD,Longswamp Township, Berks County,Pa,,and made known to defendant the contents thereof. -...t'l -/...- / DEPUTY SHERIFF OF BERKS COUNTY., PA Charles Parrott worn and subscribed before me - 14 day hf f 2013 It ( A *ac 1( kk- . .. ... - , - NOTARY PUBLIC,READING, BERKS CO., PA Services made as set forth above NOTARIAL SEAL REBECCA OXENREIDER Nolary Public So Answers; CITY OF READING,BERKS COUNTY My Commission Expires Feb 22,2[115 , SHER,111- OP BERKS COUNTY, PA Eno I. Weal<nechi Sheriffs Costs in Above Proceedings $ 100.00 DEPOSIT $ 61,29 ACTUAL COST OF CASE $ 38.71 AMOUNT OF REFUND Al! Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings,or any part liable for the costs thereof,all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof, Sec. 2, Act ofiuric 20, 1911,P.I.11072 Dedicated to public service with integrity, virtue & excellence www,count ofberks.corn/sheriff AFFIDAVIT DI SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") ED 0 70353(0 DEFENDANT SEE VT. EA ii b4 WALTER W:'BRAITHWAITE i'Otiit'i NO.; 11.1111 MARIA At BRAITHWAITE THE.UNITED STATE. OF AMERICA C/O TUE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA SERVE TILE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION STATES ATTORNEY FOR 11Th MIDDLE DISTRICT OF PA AT XX Alta Igage Fortriaiinre MAIN JUSTICE BUILDING XX Civil Action 950 PENNSYLVANIA AVENUE,N,W, WASIIJNGTON,DC 20530 SERVED Scrvcd and made.known to TL12 IJNVI S1'KFU t ANA:Py Ill t2 1K ii ft N t..4,YERICT OE PA,Defendant on the ic.":"'day ni 20\ , o'clock N.M.,a! .in I kw manner described txtlow: Detzmium perRonally served. Adele family member with whom Defendaoll,.N)nesidc(s). Relationship . Adult M ctuttge cf Defendunt's rutatienot.who I etused in give arrow o rEimio0h1p, Marh4S-rtricktri-,orptsn'e of liRkifrit in which Itclendatt(s)residool, y rl.gessi in pccon in charge Of ntiendniit's offitx or wand Out nI Eu,mles.s. tv an 9ffitio-ri of'Mid DeferithtudN omipaoy. Other; . . A■ei: `1 1Scight kt S Welpiit h'' 4 h!ies 1, t9 „5 coippo,w .19sN'mr1 shut h°')tkil fi"Ar: a"A i", t1;"0Y 111.rho Fs.1.11,411.',01IS—C-02.11111111.1.11 ri OT Mimoor a`,C1 Prip herein.E. u0..) the nni ir lie iii rn „ • the sniht Ned thrac • 1.19.tor 0 i ii,011,o' ran 1,60{V ri Pr dry :liaj it4 t; tt. r1191....M1'.,RVt;P rit INn ia of1 cirk El poor o,IEP ri al " ii titmlolJ Ni ITV/. . hi rip , 1 ie N46 I X1\1 Nos Pestle-1Nr0 ia ii No AnswEr on vit -o Str,Oce,Refused Other: Swoo 10 WILi hi.`10r0 &S') By: Nithir).; Tti-Wsit.Y!.1114,P1:,ia i ui cli,koyalarte P,I,Trake3, lit No t144,20 i AVviett, I Ithurui rt aq 1.4 Nu 32227 Counettly IR,Dunn,Es.q.:hi N,206719 Franck S.Hainaut Esp.,id No 62(97 Allison R Zuckerman,listr,1d,No 309519 Daniel 42,Sehosieg,1.9o1,11 No 62705 Mcks u 11'rmslweit Faq,.Id,No 3089E2 Witchelc M Prruiletrdt[Sair,Isl.Ni,69S/19 Main s I Hauyen,Pip. d No.703993 JuNo T Poor mu,1901,,id,Ni 51042 John M.Kokknik,Nap. hi.Ni, 31110177 dents-se P.Davry,Esti 1.No.77077 Modes LirinEwo(A,Nap.,13.N .:41092 lAtifell U Tuba ,liar•hi No.91317 7Z;4.thicy I Josses,1.*.,id.N .31072 t Jay/3,rine!,RN..hi.No,86057 lomin F kolvski,flto.,1(1.No."140392 Andrew it ,Spooktk.11,sq„ 1 hr.116479 Adam favrs.,Esci„hi,No 2o3034 JOSE:11 I Ps.q.,id No .^4 21 • AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 13-1131 11111111111111111111111111 Plaintiff: III FANNIE MAE PVU2013001610 vs. Defendant: WALTER W. BRAITHWAITE For: John Michael Kofesnik Received by Full Spectrum Services on the 29th day of August, 2013 at 3:33 pm to be served on Walter W. Braithwaite,7219 Via Abruzzi, Lake Worth, FL 33467. l; David Sucher, being duly sworn, depose and say that on the 18th day of September, 2013 at 8:25 pm, I: INDIVIDUALLY/PERSONALLY served Walter W. Braithwaite by delivering a true copy of the Summons and Complaint with the date and hour of service endorsed thereon by me, directly to Walter W.Braithwaite at the given address of: 7219 Via Abruzzi, Lake Worth, FL 33467, and informed said person of the contents therein: in compliance with state statutes. Description of Person Served: Age: 55, Sex: M, Race/Skin Color: White, Height: 5'9, Weight: 205, Hair: Bald, Glasses: N I certify that I am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. No notary required pursuant to F,S.92.525(2) Sulu scribed o'bc,I Sworn to before me on the 19th day David Sucher of September,\-?0 3 by the affiant who is personally Process Server knwnto me 1 Full Spectrum Services 400 Fellowship Road NC f AUY P1Jt31 IC Ste. 220 Mt. Laurel, NJ 08054 (866)813-1460 Our Job Serial Number: PVU-2013001610 Ref. 793536 1302-2Q11 MU:base 5ervices,h,;-t'ro:oss Sot40f¢Toobox Vc=5n PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Court of Common Pleas 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 Civil Division Plaintiff No. 13-1131-CIVIL v. Cumberland County WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 WALTER W. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940 793536 MARIA A. BRAITHWAITE 8664 HENSINGERSVILLE RD MACUNGIE, PA 18062-2062 Date: t ZZ B • / J: e• P.%chalk, squire Atto- ey for Plaintiff 793536 1 / IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") Court of Common Pleas 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 Civil Division Plaintiff No. 13-1131-CIVIL v. Cumberland County WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 `' -v 3 w THE UNITED STATES OF AMERICA C/O THE m rn rr'i UNITED STATES ATTORNEY FOR THE MIDDLE , i r- v r DISTRICT F PA OF _,. r- cj 228 WALNUT STREET, SUITE 220, PO BOX 11754 -0 _ HARRISBURG, PA 17108-1754 -= r Defendants - c.,) ORDER AND NOW, this 2 7 day of Ng ei,,.ktr , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY TH OURT: , ofg/L J. cc. �blalter W. Braithwaite, pro se /1V�aria A. Braithwaite, pro se /Joseph P. Schalk, Esq. el-al es pt.,,I.c.b 793536 /a,/ Ji2 - --T'/'1') PHELAN HALLINAN, LLP By: Joseph A. Dessoye, Esquire Identification No. 200479 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1629 E-mail: joseph.dessoye@phelanhallinan.com FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016, Plaintiff vs. WALTER W. BRAITHWAITE • 7219 VIA ABRUZ7d LAKE WORTH, FL 33467-6940 MARIA A. BRAITHWAITE 8664 HENSINGERSVILLE RD MACUNGIE, PA 18062-2062 and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754, Defendants Attorney for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 13-1131 --r C? 6.6 rrl MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above -captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only PH#793536 e judgment in this mortgage foreclosure action. On August 10, 2007 Defendants, WAL 1ER W. BRAITHWAI lL and MARIA A. BRAITHWAI I'L, executed a Mortgage and Promissory Note promising to repay the loan on a monthly basis. A copy of the Mortgage, which is recorded in the Office of the Recorder of CUMBERLAND County with an instrument number of 200731760, redacted to remove account information, is attached hereto, made part hereof, and marked as Exhibit A. A copy of the Note is also attached hereto, made part hereof, and marked as Exhibit Al. 4. The Mortgage was assigned to Metlife Home Loans a Division of Metlife Bank, NA. Said transfer was documented by an Assignment of Mortgage, which is recorded in Cumberland County Recorder of Deeds office with an Instrument Number of 200925150. A copy of the Assignment is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 5. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded in Cumberland County Recorder of Deeds office with an Instrument Number of 201024192. A copy of the Assignment is attached hereto, incorporated herein by reference, and marked as Exhibit A3. 6. The Mortgage is due for the November 1, 2011 payment, a period in excess of 36 months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 7. Defendants' default is also evidenced by Plaintiffs loan history, a redacted copy of which is attached hereto, made part hereof, and marked as Exhibit F. 8. The last payment applied to the Defendants' mortgage was on or around December 9, 2011. Plaintiff applied this payment to Defendants' account for the delinquent October 2011 payment, as is evidenced by the attached loan history on Defendants' account (see Exhibit F). The account remains due and owing for the November 1, 2011 payment. Furthermore, Defendants have not provided proof of any payments they might have made. PH#793536 9. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds the dollar amount provided in the statute, as is further addressed in Plaintiffs attached Brief. 10. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. A redacted copy of the letter (along with proof of mailing) is attached hereto, made part hereof, and marked as Exhibit D. 11. Plaintiff has complied with Act 6 of 1974 as it appropriately notified Defendants of its intent to foreclose under the Mortgage and afforded Defendants 30 days to cure the arrearage before commencing its foreclosure action. A redacted copy of the Act 6 notice (along with proof of mailing) is attached hereto, incorporated herein by reference, and marked as Exhibit D. 12. On March 1, 2013, Plaintiff filed its Complaint in Mortgage Foreclosure. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit C. 13. As averred in paragraph 2 of the Complaint, the United States of America has been made a Defendant in this action pursuant to 28 U.S.C. 2410, because of federal tax lien(s) that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit against Defendants as follows: a. U.S. Internal Revenue Service vs. WAL1ER W. BRAITHWAI 1E; filed October 15, 2010; $10,385.56; No. 10-6577-F 1L 14. Defendants have filed an Answer and New Matter in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. A true and correct copy of the Answer and New Matter is attached hereto, made part hereof, and marked as Exhibit D. 16. Defendants have failed to sustain their burden of presenting facts which contradict the PH#793536 averments of Plaintiffs Complaint. 17. Plaintiff submits that its request for attorney's fees are reasonable. Plaintiff will address this issue further in its attached Brief 18. Defendants have the right to reinstate or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the stated in the Affidavit in support of the Motion for Summary Judgment, for foreclosure and sale of the mortgaged property. Date: November(L 2014 By: PH#793536 Respect submitted, PHE 1NHL LAN,LLP Joseph A essoye, Esquire Attorney for Plaintiff PHELAN HALLINAN, LLP By: Joseph A. Dessoye, Esquire Identification No. 200479 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1629 E-mail: joseph.dessoye@phelanhallinan.com Attorney for Plaintiff FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW Civil Division WASHINGTON, D.C. 20016, Plaintiff CUMBERLAND County vs. No.13-1131 WALTER W. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940 MARIA A. BRAITHWAITE 8664 HENSINGERSVILLE RD MACUNGIE, PA 18062-2062 and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754, Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and Praecipe for Argument were sent via first class mail to the persons on the date listed below: PH#793536 WALIER W. BRAITHWAIIL 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940 THE UNITED STA IES OF AMERICA CIO THE UNI 1'ED STA IES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET SUI IL 220 P.O. BOX 11754 HARRISBURG, PA 17108-1754 Date: NovemberI L-2014 PH#793536 MARIA A. BRAITHWAIIE 8664 HENSINGERSVILLE RD MACUNGIE, PA 18062-2062 By: Joseph '". Dessoye, Esquire Attorney for Plaintiff PHELAN HALLINANa resamtirtiq Lenders In Pennsylvania, 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1629 Fax: (717) 234-1549 Email: joseph.dessoye@phelanhallinan.com Joseph A. Dessoye, Esquire November , 2014 Office of the Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: FANNIE MAE v. WALTER W. BRAITHWAI 1'E CUMBERLAND COUNTY CCP, No. 13-1131 Dear Sir/Madam: Enclosed for filing with the Court in triplicate, please find Plaintiffs Brief in Support of Its Motion for Summary Judgment and Certification of Service. Please return a time -stamped copy of the first page of the Brief and Certification in the self-addressed stamped envelope. Please do not hesitate to contact me should you have any problems or questions regarding the above refe - c-• after. essoye, Esquire Enclos 'es cc: Walter W. Braithwaite, Pro Se; Maria A. Braithwaite, Pro Se; and The United States of America *Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. PH#793536 PHELAN HALLINAN, LLP By: Joseph A. Dessoye, Esquire Identification No. 200479 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1629 E-mail: joseph.dessoye@phelanhallinan.com Attorney for Plaintiff FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW Civil Division WASHINGTON, D.C. 20016, Plaintiff CUMBERLAND County vs. No. 13-1131 WALTER W. BRAITHWAITE 7219 VIA ABRU7.Zi LAKE WORTH, FL 33467-6940 MARIA A. BRAITHWAITE 8664 HENSINGERSVILLE RD MACUNGIE, PA 18062-2062 and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754, Defendants PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT I. DEFENDANTS' DEFAULT UNDER THE MORTGAGE On August 10, 2007 Defendants, WAL lER W. BRAITHWAI lE and MARIA A. BRAITHWAITE executed a Mortgage and Promissory Note in the principal sum of $309,280.00, this sum being payable in equal, consecutive, monthly installments of principal and interest of approximately at $2,323.52 the property at 62 CHELSEA LANE,CARLISLE, PA 17015-7912 PH#793536 (hereinafter the "Property"). Defendants defaulted under the Mortgage and Note by failing to make payments due November 1, 2011 and each month thereafter. On 11/06/2012, due to Defendants' default, Plaintiff mailed Defendants notice of its intention to foreclose on the Mortgage to Defendants at their last known address. Defendants, however, failed to cure the default. Because Defendants failed to take the necessary affirmative steps to cure the delinquency, Plaintiff was left with no alternative but to foreclose in order to recover its unjust fmancial losses. Accordingly, the present action was filed on March 1, 2013. To date, Defendants have not brought the account current. II. PLAIN ID F IS ENTITLED TO SUMMARY JUDGMENT AS A MATTER OF LAW The purpose of summary judgment is "to eliminate cases prior to trial where a party cannot make out a claim or a defense after relevant discovery has been completed." Miller v. Sacred Heart Hosp., 753 A.2d 829 (Pa. Super. 2000); Fannie Mae v. Ferraro, 10 Pa. D. & C.5th 260 (2009). A Motion for Summary Judgment shall be granted if the documents of record show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Pa.R.C.P. No. 1035.2(1); Chepkevich v. Hidden Valley Resort, L.P., No. 22 WAP 2007, 2010 WL 2482363, at *7 (Pa. June 21, 2010); Wells Fargo Bank, N.A. ex rel. Certificate Holders of Asset Backed Pass -Through Certificates Series 2004-MCWI v. Monroe, 2009 Pa. Super. 13, 966 A.2d 1140, 1142 (2009); Allen v. Merriweather, 413 Pa. Super. 410, 411, 605 A.2d 424 (1992); Beasel v. New Blvd. Baking Co., Inc., 410 Pa. Super. 591, 593, 600 A.2d 610 (1991). The moving party bears the burden of demonstrating clearly that there are no genuine issues of material fact. Stimmler v. Chestnut Hill Hosp., 602 Pa. 539, 554, 981 A.2d 145, 154 (2009); Abrams v. Pneumo Abex Corp., 2007 Pa. Super. 383, 939 A.2d 388, 390 (2007) rev'd on other grounds, 602 Pa. 627, 981 A.2d 198, 201 (2009); Jones v. Levin, 2007 Pa. Super. 412, 940 A.2d 451, PH#793536 453 (2007); Hower v. Whitmark Assoc., 371 Pa. Super. 443, 381 A.2d 524 (1988); Romah v. Hygienic Sanitation Co., 705 A.2d 841, 848 (Pa. Super. 1997); Driscoll v. Carpenters Dist. Counsel of W. Pa., 370 Pa. Super. 295, 536 A.2d 412 (1988) affirmed, 525 Pa. 205, 579 A.2d 863 (1990); Allen, 413 Pa. Super. at 411; Beasel, 410 Pa. Super. at 594. In response, the nonmoving party may not rest upon the pleadings, but must set forth specific facts demonstrating a genuine issue for trial. Pa.R.C.P. No. 1035.3(a); Phaff v. Gerner, 451 Pa. 146, 303 A.2d 826 (1973); DeSantis v. Frick Co., 1999 Pa. Super. 329, 745 A.2d 624, 625 (1999); Dujai v. Dennis, 431 Pa. Super. 366, 370, 636 A.2d 1130, 1132 (1994). Rule 1029(b) of the Pennsylvania Rules of Civil Procedure specifically provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivision (c) and (e) of this rule, shall have the effect of an admission. It is well settled that a general denial is unacceptable and deemed an admission where it is clear that the defendant has adequate knowledge and that the means of information are within the control of the defendant. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188, 190 (1951); Cercone v. Cercone, 254 Pa. Super. 381, 386 A.2d 1 (1978); City of Philadelphia v. Heftier, 114 Pa. Cmwith. 475, 482, 539 A.2d 468, 472 (1988); 3 Goodrich Amram 2d §1029(c):5. A general denial effectively manifests an admission to the facts averred in the complaint. Swift v. Milner, 371 Pa. Super. 302, 308, 538 A.2d 28, 31 (1988); Michner v. Montgomery County Tax Claim Bureau, 671 A.2d 285, 288 (Pa. Cmwlth. 1996). One purpose in demanding a specific denial is to enable the parties to focus upon the disputed facts and to assist the Court in defining the issues for trial. Bogley, Harting & Reese v. Stuart, 11 D&C 3d 303, 310 (Ct. Corn. Pl. 1979). PH#793536 Plaintiff submits that, in the Answer, Defendants have effectively admitted every allegation of the Complaint. Although Defendants purports to deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage, respectively, Defendants' averments amount to nothing more than general denials and demand for proof. Defendants generally deny the amount due under the Mortgage without reference to what they believe to be the correct amount due, or reference to any good reason to believe that the amount sought is erroneous. Unquestionably, Defendants know specifically what payments they made on the Mortgage. Accordingly, because Defendants are charged with having sufficient knowledge upon which to base a specific denial with respect to the averments contained in paragraphs five and six of the Complaint, a general denial is insufficient to raise a genuine issue of fact. Cercone v. Cercone, 386 A.2d at 4-5; City of Philadelphia v. Heftier, 539 A.2d at 472. The Pennsylvania Superior Court has held that, in order to raise a genuine issue of fact, defendants may not rest on the pleadings, but must sustain the burden of presenting facts to counter Plaintiffs averments. DeSantis, 745 A.2d 625; N.Y. Guardian Mortgage Corp. v. Dietzel, 524 A.2d 951 (Pa. Super. 1987); Wash. Fed. Say. & Loan Ass'n v. Stein, 515 A.2d 980 (Pa. Super. 1986). A party will not be able to rely on 1029(c) and be excused from answering averments based on a lack of information where that party has sufficient information at its disposal to answer such allegations. Corn. by Preate v. Rainbow Assoc., Inc., 138 Pa. Commw. 56, 587 A.2d 357, 358 (1991). The Pennsylvania Superior Court reiterated this principle in another mortgage foreclosure case. The Court held that the mortgagors' general denials in their answers to the Complaint must be considered admissions. First Wis. Trust Co. v. Strausser, 439 Pa. Super. 192, 653 A.2d 688, 692 (1995). The Court reasoned that the only persons with knowledge of the amount due, besides the mortgage company, would be the mortgagors. Therefore, if defendant mortgagors do not plead PH#793536 specific facts in response to the allegations in the Complaint regarding the default and the amount due, the defendants are deemed to have admitted the allegations, and summary judgment for the mortgage company is proper. First Wis. Trust Co. v. Strausser, 653 A.2d at 692. In determining if an answer is a general denial, the Court must examine the pleadings as a whole. Corn. by Preate, 587 A.2d at 360. A review of the pleadings as a whole in the instant case reveals that Defendants have failed to sustain their burden of presenting facts which contradict the elements of Plaintiffs claim. Defendants' general denial of the amounts due and the default should be viewed as admissions by this Honorable Court. III. AMOUNT OF THE IN REM JUDGMENT The within case is a mortgage foreclosure action, the sole purpose of which is to take the Defendants' 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 Viii. P'ship v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993); Signal Consumer Disc. Co. v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978); Pa.R.C.P. No. 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. No. 1147(6). The purpose of the dollar amount in the in rem judgment is only 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, while the third party purchaser would obtain a deed to the property. Accordingly, the amount of the in rem judgment has no bearing or impact on the Defendants. PH#793536 IV. DEFENDANTS' ALLEGATION OF PARTIAL PAYMENTS IS NOT A DEFENSE Defendants allege in their pleadings that they attempted to make payments but that Plaintiff returned them. The Superior Court has held that mortgagees are not required to accept partial payments, and that tendering partial payments is not a defense to foreclosure. Bell Fed. Say. & Loan Ass'n of Bellevue vs. Laura Lanes, Inc., 29.1 Pa. Super. 395, 435 A.2d 1285, 1287 (1981). Typically, after a mortgagor defaults, a mortgage company will only accept a full reinstatement of the loan. The terms of the Mortgage do not require a mortgage company to accept partial payments. Rather, the Mortgage states that the mortgagor can cure the default by tendering the total amount due. There would be no benefit to the mortgagor for the mortgage company to accept partial payments. Since the partial payments do not cure the arrearage, the mortgage company would still have to foreclose on the Mortgage. Accordingly, the Defendants' bald allegation that they attempted to make partial payments but that Plaintiff returned them is not a defense to this mortgage foreclosure action. In the pleadings, the Defendants have not alleged any specific facts such as the amounts allegedly tendered or the dates the monies were allegedly tendered. Plaintiff submits that the Defendants' generic allegation in the pleadings is simply an attempt to delay the mortgage foreclosure action and, as stated above, it does not constitute a defense. V. SUMMARY JUDGMENT IS APPROPRIATE SINCE DEFENDANTS' ADMITTED TRE DEFAULT In paragraph five (5) of their Answer to the Complaint, Defendants specifically admitted that the loan is due for the November 1, 2011 mortgage payment. The Pennsylvania Superior Court has held that summary judgment is appropriate in a mortgage foreclosure action when the mortgagor admits he is delinquent in mortgage payments. Cunningham v. McWilliams, 714 A.2d 1054, 1057 PH#793536 (Pa. Super. Ct. 1998); N.Y. Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 524 A.2d 951, 952 (1987); 22 Standard Pennsylvania Practice 2d §121:72 (2010). In addition, the Superior Court has held that the fact that the mortgagor never admitted the amount of the indebtedness does not prevent the entry of summary judgment in mortgage foreclosure. Landau v. W. Pa. Nat'l Bank, 445 Pa. 217, 282 A.2d 335 (1971); Cunningham v. McWiliams, 714 A.2d at 1057. Pennsylvania law requires that a foreclosure judgment be entered for a sum certain. Citicorp Mortgage, Inc. v. Morrisville Hampton Vill. Realty Ltd. P'ship, 443 Pa. Super. 595, 601, 662 A.2d 1120, 1123 (1995); Chase Home Mortgage Corp. of the Se. v. Good, 370 Pa. Super. 570, 537 A.2d 22 (1988). Nevertheless, an action in mortgage foreclosure is strictly an in rem proceeding. Dietzel, 524 A.2d 951, 953. The purpose of a judgment in mortgage foreclosure is solely to effect a judicial sale of the mortgaged property. Meco Realty Co. v. Bums, 414 Pa. 495, 200 A.2d 869 (1964); Dietzel, 524 A.2d 951, 953. Accordingly, the amount of the foreclosure judgment is irrelevant to Defendants. If Defendants reinstate or pay off the loan, they will pay the actual amount due on the loan as of the date of the reinstatement or payoff, not the judgment amount. The dollar amount in the judgment is only used in the rare circumstance of a third party bidder purchasing the property at sheriff sale. A third party bidder is usually a real estate investor. In this situation, the Sheriff pays the mortgagee the amount of the in rem judgment instead of deeding the property to the mortgagee. Mortgagors do not bid on the property at Sheriffs Sale. Rather, if a mortgagor wants to save his property, he will reinstate or pay off his loan. Therefore, since the dollar amount of the in re judgment has no effect on mortgagors, the Pennsylvania Supreme Court has decided that summary judgment is appropriate when a mortgagor admits his default, even if he does not admit the amount due on the loan. Landau, 445 Pa. 217 at 282. Since Defendants admitted their default in the within case, summary judgment for Plaintiff is PH#793536 appropriate. A denial of summary judgment would mean listing this case for trial, in a court system, which is already overburdened with an excess of trials. Furthermore, a trial would be a useless formality since Defendants admitted their default and they do not know how much money theyowe on the loan. VI. ATTORNEY FEES AND COSTS ARE REASONABLE As to the attorney fees recited in paragraph six (6) of the Complaint, it should be noted that paragraph 9 of the Mortgage clearly indicates that Plaintiff is entitled to recover an attorney fee, costs of suit, and costs of title evidence if Defendants default on the loan. The attomey fee claimed in Plaintiffs Complaint is significantly less than 5% of the principal balance due on the loan. Attomey fees are enforced in order to compensate the Plaintiff for the reasonable and necessary expenses of collection. As a general rule, attorney fees, which are reasonable, will be permitted by the Court. A requested fee of 5% of the outstanding principal balance has been granted by the Court. Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable and enforceable. Galligan v. Heath, 260 Pa. 457, 103 A. 878, 879 (1918); Robinson v. Loomis, 51 Pa. 78 (1865); First Fed. Say. and Loan Ass'n v. Street Road Shopping Ctr., 68 D&C 2d 751, 755 (1974). It is important to note that the attorney fees called for in the Mortgage are owned by the mortgagee, not the attomey. They are not limited to the actual attomey fees but cover also the extra charges made necessary because the mortgagor failed to meet his obligation. Harper v. Consolidated Rubber Co., 284 Pa. 444, 131 A. 356, 357 (1925); Foulke v. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super. 155, 173 A.2d 703, 705-6 (1961). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attomey fee of 10% of the original loan amount was not unconscionable. 269 Pa. Super. 455, 410 A.2d 344 (1979). PH#793536 The Superior Court has continued to find attorneys' fees of 10% to be reasonable. Citicorp v. Morrisville Hampton Realty Ltd. P' ship, 443 Pa. Super. 595, 662 A.2d 1120, 1123 (1995) (citing Fetner). Importantly, Plaintiff clearly outlined how Defendants could avoid paying Plaintiffs attorney fees in the Notice of Intention to Foreclose Mortgage, which was mailed to Defendants. Defendants, however, failed to take the necessary affirmative steps to cure the delinquency, but rather have /have opted to litigate, which has resulted in more attorney fees. Additionally, Plaintiff submits that the amount demanded for costs of suit and title search in Plaintiffs Complaint is neither excessive nor unreasonable. Moreover, the reasonableness of attorney fees does not create a genuine issue of material fact, which precludes the entry of summary judgment. First National Bank and Trust Co. of Newton v. Enrico, 40 D&C 3d 228 (1985); Beal Bank v. PIDC Fin. Corp., 2002 WL 31012320 (Pa. Ct. Com. Pl. Sept. 9, 2002) ("The reasonableness of the requested attorneys' fees is an issue of damages which does not affect whether plaintiff has satisfied the standard for summary judgment.") Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney fees and costs as it deems reasonable. Therefore, there is no issue of material fact regarding attorney fees. VII. PLAIN l'IFF COMPLIED WITH THE NOTICE REQUIREMENTS OF ACT 6 OF 1974, 41 P.S. §101 etseq. Defendants denied paragraph 8 of the Complaint, which avers that Plaintiff sent Defendants a Notice of Intention to Foreclose in accordance with the provisions of Act 6 of 1974, 41 P.S. §101 et seq. Defendants contend that they never received any notice. However, as stated in Plaintiffs Affidavit, a Notice of Intention to Foreclose was sent by certified mail to Defendants at their last known address. Plaintiff has fully complied with the statutory requirements of Act 6 of 1974, and Defendants' attempted denial of receipt of Plaintiffs Notice of Intention to Foreclose Mortgage does PH#793536 not mean that it was not sent. 41 P.S. §403 clearly indicates what Plaintiff must do to comply with the notice requirements of Act 6: a. Before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, commence any legal action including mortgage foreclosure. .such person shall give the residential mortgage debtor notice of such intention at least thirty days in advance... b. Notice of intention to take action as specified in subsection (a) of the section shall be in writing, sent to the residential mortgage debtor by registered or certified mail at his last known address and, if different, at the residence which is the subject of the residential mortgage. Jurisdiction is acquired over a mortgagor in a mortgage foreclosure proceeding even in the absence of actual receipt of the Notice of Intention to Foreclose where the mortgagee complies with §403(b) by sending the notice to the mortgagor's last known address. First Fed. Say. & Loan Ass'n of Wilkes-Barre v. Van Why, 29 D&C.3d 675, 682 (1983). Even if a Notice of Intention to Foreclose is returned as "unclaimed," the mortgagee is not required to search for the mortgagor's more current address. Sw. Nat'l Bank of Pa. v. Carson, 5 Pa. D. & C.4th 640, 641 (Pa. Ct. Com. P1. 1990); Van Why, 29 D&C.3d at 682. A mortgagee fully complies with the provisions of Act 6 by sending notice in the correct form to the mortgaged property and the mortgagor's last known address. Id. In the instant case, Plaintiff sent Defendants notice of its intention to foreclose by letters dated 11/06/2012. Defendants, however, ignored Plaintiffs Notice of Intention to Foreclose, and did not take the affirmative steps to bring the loan current. Accordingly, in order to recover its unjust financial losses as a result of Defendants' decision to stop paying mortgage payments, Plaintiff as left with no alternative but to foreclose on the Mortgage. PH#793536 Plaintiff submits Defendants' failure to take action shows their disregard for their Mortgage obligation. Because Plaintiff has shown that it has fully complied with the statutory requirement, Defendants' attempted denial is not a defense to this action. VIII. CONCLUSION The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. In making its determination, the Court must accept as true all properly pleaded facts, as well as all reasonable inferences, which might be drawn from them. Tarzia v. American Standard, 2008 Pa. Super. 105, 952 A.2d 1170 n. 1 (2008); Thompson v. Nason Hosp., 370 Pa. Super. 115, 535 A.2d 1177, 1178 (1988) aff'd 527 Pa. 330, 591 A.2d 703 (1991). The Court must restrict its review to material filed in support of and in opposition to the Motion for Summary Judgment, and to uncontroverted allegations in the pleadings. Pa.R.C.P. No. 1035.1 et seq.; Overly v. Kass, 382 Pa. Super. 108, 545 A.2d 970, 972 (1989). Plaintiff submits that it has demonstrated sufficient facts to warrant summary judgment in its favor. Defendants executed the Mortgage knowing that they would be responsible for the payments. Defendants have admitted the existence of the mortgage and their default in their Answer to the Complaint. Plaintiff has provided an affidavit that Defendants are in default and set forth the amount owed by Defendants. Therefore, Plaintiff maintains that it has produced sufficient evidence to establish a prima facie case for mortgage foreclosure. Once Plaintiff has satisfied its burden, Defendants have a responsibility to demonstrate facts, which would create a genuine issue for trial. Phaff, 303 A.2d at 826; DeSantis, 745 A.2d at 625. Defendants has failed to sustain their burden of presenting facts which would contradict the elements of Plaintiffs claim. PH#793536 Plaintiff respectfully submits that the allegations of the Complaint are, in fact, uncontroverted. Defendants have had use of the Property rent-free at Plaintiffs expense long enough. Defendants' Answer has been interposed for the purpose of delay only. Plaintiff requests that its Motion be granted so that it can recover the unjust financial losses it has incurred to date. WHEREFORE, Plaintiffrespectfully requests that an in em judgment be entered in its favor for the amount due plus interest and costs as prayed for in the stated in the Affidavit in support of the Motion for Summary Judgment, for foreclosure and sale of the mortgaged property. Date: Novemberq.. 2014 By: PH#793536 submitted, AN, LLP ose A. Dessoye, Esquire Attomey for Plaintiff PHELAN HALLINAN, LLP By: Joseph A. Dessoye, Esquire Identification No. 200479 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 1629 E-mail: joseph.dessoye@phelanhallinan.com Attorney for Plaintiff FANME MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW Civil Division WASHINGTON, D.C. 20016, Plaintiff CUMBERLAND County vs. No. 13-1131 WALTER W. BRAITHWAI1E 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940 MARIA A. BRAITHWAITE 8664 HENSINGERSVILLE RD MACUNGIE, PA 18062-2062 and THE UNI FED STATES OF AMERICA C/O THE UNITED STATES Ar1ORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754, Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Brief in Support of Its Motion for Summary Judgment and Praecipe for Argument were sent via first class mail to the persons on the date listed below: PH#793536 WAL1ER W. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940 THE UNITED STA IES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET SUIFE 220 P.O. BOX 11754 HARRISBURG, PA 17108-1754 MARIA A. BRAITHWAI1E 8664 HENSINGERSVILLE RD MACUNGIE, PA 18062-2062 Date: Novembertl 2014 By: PH#793536 11 Joseph rf Dessoye, Esquire Attorney for Plaintiff Exhibit "A" Prepared Bv: Return To: FHHL - POST CLOSING MAIL ROOM 1555 W WALNUT HILL LN #200 MC 6712 IRVING, TX 75038 Parcel Number. County: N/A City: N/A Premises'. 62 CHELSEA LANE CARLISLE, Pennsylvania 17013 ISpeoa Above This Uric For Recording Dutal MORTGAGE DEFINITIONS MIN 1Vord: used in multiple sections of this document are defined below and other words are defined in Sectors 3, 1), 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August: 10th, 2007 together with all Riders to this document (B) "Borrower" is WALTER W. BRAITHWAITE ad. 3 Ba A- ERAIIHATIE, .1 anwi Borrower is the mortgagor under this Security Instrument. (C) "NIERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns, NIERS is the mortgagee under this Security instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone ntmtber of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA . Single Family • Fannie Mae/Freddie Mao UNIFORM INSTRUMENT WITH NIERS Wolters Kluwer Financial Services VMP4S-aA(PA) lososto: Form Ina '. a1 15 frOl!l: 05/16/2012 11:30:45 AM Ai I 1011 CUMBERLAND COUNTY Inst.# 200731760 - Page 1 of 18 (D) "Lender" is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE HANK N.A. Lender is a NATIONAL BANK organized and existing under the laws of THE UNITED STATES OP AMERICA Lender's address is 4000 HORIZON WAY, IRVING, TEXAS 75063 (E) "Note" means the promissory note signed by Borrower and dated August 10th, 2007 The Note states that Borrower owes Lender THREE HUNDRED NINE THOUSAND TWO HUNDRED EIGHTY & 00/100 Dollars (U.S. S 309, 280.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 1, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charees and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: ^i Adjustable Rate Rider Ti Condominium Rider Balloon Rider 1 1 Planned Unit Development Rider 1-4 Family Rider , VA Rider Biweekly Payment Rider E Other(s) ]specify] n Second Home Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described it Section 5) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Tnstrumem, VMP"•5A(PA) (osow)o, 05/16/2012 11:30:45 AM Fege 2 of to Form 3039 1/01 CUMBERLAND COUNTY Inst.# 200731760 - Page 2 of 18 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the' Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security- Instrument secures to Lender: (1) the repayment of the Loan, and ail renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrwnent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the County !Type of Recording furisdictioni of Cumberland Name of Recording lurisdietionl' A11 that tract or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereot. which currently has the address of 62 CHELSEA LANE !Street) CARLISLE jCity! , Pennsylvania 17 013 [Zip Codd ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security instrument, 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 and canceling this Security Instrument. VMP$-6A(PA) 1050elat 05/16/2012 11:30:45 AM Pepe 3 0t t6 CUMBERLAND COUNTY 1, 4015 Form 3039 1101 Inst.# 200731760 - Page 3 of 18 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against ail claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and from -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security instrument shall be made in U.S. currency. However, tf any check or other instrument received by Lender as payment under the Note or this Security ltistnmscnt is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fornts, as selected by Lender: (a) cash; (b) money order: (e) certified check, bank check. treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. instrumentality, or entry; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan current. without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the Lime such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such finds or return Ahem to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agrectnents secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in tris Section 2. ail payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges. second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. if more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that. each payment can be paid in VMP,%6A(PA) tcse11401 05/16/2012 11:30:45 AM Page 4 of ,6 Form 3039 1(01 CUMBERLAND COUNTY Inst.# 200731760 - Page 4 of 18 full. To the extent that any excess exists after the paymenr is applied to the full payment of one or mere Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, ur Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a hen or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums or any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues. fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. in the event of such waiver. Borrower shall pay directly, when and where payable, the amounts due for any Escrow items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be. deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. tf Borrower is obligated to pay Escrow ]tern directly, pursuant to a waiver. and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender ail Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender so apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of furore Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no tater than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing. however, that interest shall be paid on the VMP 6-6A(PA) 5500.01 05/16/2012 11:30:45 AM Pape5W 16 Form a03B 1ro1 CUMBERLAND COUNTY Inst.# 200731760 - Page 5 of 18 Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender, shall account w Borrower far the excess funds in accordance with ROSPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RFSPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, bur in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues. Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligacon secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the bolder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which .Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can charge during the term of the Loan The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination. certification and tracking services: or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in confection with the review of any flood zone determination resulting from an objection by Borrower. VA4P {",•6A(PA) rows) o t Paye a or t8 05/16/2012 11:30:45 AM CUMBERLAND COUNTY Form 3039 1/01 lust .# 200731760 - Page 6 of 18 if Borrower fails to maintain any of (he coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost or insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section i shall become additioral debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewaLe of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair et the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Louder may disburse proceeds far the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties. retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the stuns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the nrder provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower dors not respond within 30 days to a notice from Lender that the insurance carrier has nffered to settle a claim, then Lender may negotiate and settle the claim, The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not in exceed tee amounts unpaid under dee Note or this Security Instrument, and (b) any otter of Borrower's rights (other than the right to any refund of unearned premiums paid by Burrower) under all insurance policies covering the Propeny, insofar as such rights are applicable to the coverage of die Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. VMPA(PA) (aces) o: 05/16/2012 11:30:45 AM f+ape nor (s FOTm 5039 1/01 CUMBERLAND COUNTY Inst.# 200731760 - Page 7 of 18 05/16/2012 11:30:45 AM 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld. or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Pmperty if damaged to avoid flintier deterioration or damage. Tf insurance or condemnation proceeds are paid In connection with damage to, or the taking of, the Propeny, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the Insurance or condemnation proceeds are not sufficient to repair or restore the Propcny, Borrower is not relieved of Borrower's obligation for the completion of such repair nr restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the Time of or prior to such an interior inspection specifying such reasonable cause. g. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include. but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument. (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or Io enforce laws or regulations). or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument; including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions car, include, but arc not limited to: (a) paying any scans secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Pmpcny to make repairs, change locks, replace or board up doors and windows. drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or otT. Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so. it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. VMS' 0-6A(PA) 10603).01 Pm. 8d 7o Form 3039 1/01 CUMBERLAND COUNTY Inst.)/ 200731760 - Page 8 of 18 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mongage Insurance in effect. If, for any reason, the Mongage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender, if substantially equivalent Mongage insurance coverage is nut available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a nonrefundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable. notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained. and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of makintg the Loan and Borrower was required to make separately designated payroents toward the premiums for Mongage Insurance. Borrower shall pay the premiums required to maintain Mongagc Insurance in effect. or to provide a nun -refundable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing In this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases tht Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not .a party eco the Mortgage insurance. Mortgage insurers evaluate their total risk on all stash insurance in force from time 1.0 time, and may enter into agreements with other panics that share or modify their risk. or reduuc losses. These agreements are on terms and conditions that are satisfactory to the mongage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive; from (or might be characterized a$) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mongage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange I'ur a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not afTect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms or the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. VMP'a-SAIPA) casoet.o5 05/16/2012 11:30:45 AM - ?ago 4 0515 Form 3059 1/01 CUMBERLAND COUNTY Inst.# 200731760 - Page 9 of 18 '/1612012 11:30:45 AM (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1995 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination, 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opponunity to inspect such Property to ensure the work has been completed to Lender's . satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Properly. the Miscellaneous Proceeds shall 'be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking., destruction. or loss in value of the Property in which the rair market value of the Property Immediately before the partial taking, destruction, or loss in value is equal in or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking. destruction, or loss in value, unless Borrower and' Lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction_ (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in 'value divided by (b) the fair market value of the Property immediately before the partial laking. destruction, or loss in value. Any balance shall be paid to Borrower, In the event of a partial taking, destrcuon, or loss in value oi' the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the,sums secured immediately before the partial taking. destruction. or loss in value, unless Borrower and `Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the stuns are then due. If the Property is abandoned by Borrower, or lf, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to series claim for damages, Borrower fails to respond to ender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due.' "Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or cantina!, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in die Property or rights under this Security Instnunent. Borrower car, cure such a default and, if acceleration has occurred, reinstate as provided In Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or otter material Impairment of VMP 2k-6A(PA) rsoar.al ?y+oret's Form 3034 1/01 CUMBERLAND COUNTY Instie 200731760 - Page 10 of 18 05/16/2012 11:30:45 AM Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hcruby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be, applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the stuns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or, any Successors in Interest of Borrower. Lender shall not be required to comment. -e proceedings against any Successor in Interest of Borrower nr to refine to extend time for payment or otherwise modify amortization of the sum's secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower..Any forbearance by Lender in exercising any right nr remedy including, without limitation, Lender's acceptance of payments from third persons, emities or Successors in interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or prelude the exercise of any right or remedy. 13. Joint and Several Uabllity; Co-signers; Successors and Assigns Botmd. Borrower covenants and agrees that Borrower's obligations and liability shallbe joint and several. However, any Borrower who eo•signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's irueresr in the Property under the terms of this Security instrument; (h) is not personally obligated to pay the stuns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security Instrwnent or the Note without the co-signer's concent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument In writing, and is approved by Lender. shall obtain all. of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other Pecs. the absence of.express authority in this Seeurtty Instrument to charge a specific fee to Borrower shall not be construed -as a prohibition on the charging of such fee, Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. if the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the . pertained limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower whieb exceeded permiued limits will be refunded to Borrower. Lender.may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund -reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. VMPAIPA) tosaal.oi Pone 1, m 16 Form 3039 1/O1 CUMBERLAND COUNTY Inst.# 200731760 - Page 11 of 18 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice 10 Borrower in connection with this Security instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sem by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by nonce to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address. then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Several:tufty; Rules of Construction. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is 001a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written toner[, Lender may require immediate payment in hill of all scans secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;; (h) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or agreements: (c) pays al] VMP x''-6A(PA) ;osset it 05/16/2012 11:30:45 AM Pays ,a of 15 Foam anis 1/01 CUMBERLAND COUNTY Inst.# 200731760 - Page 12 of 18 05/16/2012 11:30:45 AM expenses incurred hn enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as Selected by Lender. (a) cash; (b) money order; (c) certified check. bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice or Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security instrument, and Applicable Law There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note. the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are nor assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or arty duty owed by reason of. this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice 10 take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviromnental Law" means federal laws and laws of the jurisdiction where circ Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action. remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. VMP 6.6A(PA) rosea; c1 Page 12 d ;a 1:-P :naieia �....J Farm 3039 1/01 CUMBERLAND COUNTY lnst.# 200731760 - Page 13 of 18 Borrower shall nor cause or permit the presence, use, disposal. storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances. on or In the Property. Borrower shall not do. nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Envirorincatat Condition, or (c) which. due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects rhe value of the Properly. The preceding rwo 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 residental uses and to maintenance of the Property (including. but not limited tn, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim. demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has: actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. 1f Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Linder for an Environmental Cleanup. NONUNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In This Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specifled may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this Section 22, including, but not limited to, attorneys' fees' and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security lnstr.irnent, this Security Instrument and the estate conveyed shall terminate and become void. Atter such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if tlse fee is paid to a third party for services rendered and the charging of the rce is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security lnstrumcnt, and hereby waives the benefit of any .present or furore laws providing for stay of execution. extension of rime. exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Phoney Mortgage. If any of the debt secured by this Security instrument is lent to Borrower to acquire tide to the Property. this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the Interest tate payable after a Judgment is entered on the Notc or in an action of mortgage foreclosure shall bathe rate payable from time to time under the Note. VNIP*-6A(PA) tosawol ?.os+4elte Form 3039 1/01 05/16/2012 11:30:45 AM CUMBERLAND COUNTY Inst.# 2.00731760 - Page 14 of 18 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ItSs i- r o h (Seal) -(3orrowcr (Seal) • -Borrower (Seal) •Borrower VMP .6A(PA) tosos>.a1 05/16/2012 11:30:45 AM WALTER W. BRASTRWA (Seal) -Borrower -Borrower Pape 16 01 le (Seal) -Aormwer (Seal) -Barmy/et (Seal) -Borrower Form 3039 1/01 CUMBERLAND COUNTY Inst.# 200731760 - Page 15 of 18 COMMONWEALTH OF PENNSYLVANIA, On this. the 10 day of undersigned officer, personally appeared WALTER W. BRAITii:WAITE arta ARM R ]3Yi1PIE, Pusherd aril wife CUMBERLAND Pug -est 2007 County ss: before rae. the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. My Comunission Expires: Tdic of Officer NOTARIAL RENEE L MURRAY, NAL Cariitic Bora Cumbatmd RIM P My Commission Expiroa D. 3,R^ Certificate of Residence ( , do hereby certify that the correct addr4:61At iallillirtediVortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this VMP ,y-BA(PA) (0500.61 05/16/2012 11:30:45 AM 10th day of Page, 16 o1 16 2007 Agra( of Mortgagee Form 3039 1/01 CUMBERLAND COUNTY Inst.# 200731760 - Page 16 of 18 06/16/2012 1130:45 AM Exhibit A ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates, recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot NO. 30 and Lot No. 31; thence along said western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point in the dividing line between Lots Nos 31 and 32; thence along the dividing line between Lots Nos. 31 and 32 North 81 degrees 45 minutes 23 seconds East a distance of 310.67 feet to a point in the dividing line -between -Lots Nos. 31 and 40; thence along the dividing line between Lots Nos: 31 and 40 North 08 degrees 51 minute's 28 seconds East a distance of 140.00 feet to a point, in the dividing line between Lots Nos. 31 and 30; thence along the dividing line between Lots Nos. 31 and 30 .South 88 degrees 17 minutes 00 seconds East a distance of 325.11 feet to a point in the western right of way line of 60 feet wide Chelsea Lane, the place of BEGINNING. THE ABOVE DESCRIBED lot of land is all of Lot No. 31 as shown on said Subdivision Plan for Kings Gap Estates recorded as aforesaid, and contains an area of 50,067 square feet, or 1.15 acres, more or less. TFIE ABOVE DESCRIBED Lot #31 has the mailing address of 62 Chelsea Lane, Carlisle, PA 17013. CUMBERLAND COUNTY Ins( # 200731760 - Page 17 of 18 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200731760 Recorded On 8/14t2007 At 9:29:16 AM *Instrument Type - MORTGAGE Invoice Number - 2057 User ID - RAK * Mortgagor - BRAITHWAITE, WALTER W * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Customer - ABSTRACT CO * FEES STATE WRIT TAX $0-50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES — $37.50 RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID * Total Pages - 18 . 05/16/2012 11:30:45 AM $11.50 $2.00 $3.00 $64.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER Of DEEDS * - Information denoted by as asterisk may change during the verification process and may not he reflected on this page. 1111111 II Im10 CUMBERLAND COUNTY Inst.# 200731760 - Page 18 of 18 August 10th, 2007 Patel 62 CHELSEA LANE, CARLISLE, PA 17013 NOTE CARLISLE, PA ICiryl ISutel (Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $ 309.280.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE HANK N.A. 1 will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 8.250 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on October 1st, 2007 1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 1st, 2037 , 1 still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at PO BOX 809 MEMPHIS, TN 38101 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ or at a different place if required by the Note Holder. 2,323.52 4. BORROWER'S RICHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, 1 will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE •Single Family- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 1/01 Wolters Kluwer Financial Services VMP 0-5N to2o7o1 Page t of a fnitkta: IIliI 1l I1 II 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if l am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder a the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. VMP ®.5N goon co Pepe 2 01 3 Form 32rO1 mmem: /fit,/]'/ 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: If all or any pan of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Tess than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. [A u WALTER W. BRAITHWAITE (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) •Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower •Borrower VMP 0-5N (0207).01 Pege3d3 [Sign Original Only] Form 32001/01 Exhibit "A2" 04/12/2013 10:51:46 AM ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc." hereinafter "Assignor" the holder of the Mortgage hereinaller mentioned. for and in consideration of the sum of ONE DOLLAR (51,00) lawful money unto it in hand paid by METLIFE HOME LOANS A DIVISION OF METLIFE BANK NA, "Assignee," the receipt whereof is acknowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by WALTER W. BRAITHWAJTE and MARIA A. BRAITHWAITE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOANS, A DIVISION OF FiRST TENNESSEE BANK N,A., bearing the date 08/10/2007, in the amount of $309,280.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 08/14/2007 in the County of CITNIRF.R I ,A ND. Commonwealth of Pennsylvania, in Mortgage instrument No. 200731760, MIN: Being Known as Premises: 62 CHELSEA LANE, CARLISLE, PA 17015-7912 Parcel No: 08-12-0334-127 The transfer of the mortgage and accompanying rights was etTective at the time the loan was sold and consideration passed to the Assignee. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold, Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due !hereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title. Interest, Property, Claim and Demand, in and to the same: TO HA VF:, HOLD, RECEIVE AND TAKE. all and singular the hereditarncnts 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 hislher.!their heirs and assigns therein, IN WITNESS WHEREOF, the said "Ass" nor" has causeorporate Seal to be herein duly executed by its proper officers this ay of , 20 Sealed aniverec in the presence of us: State. of Texas county of d these presents to he ortgage Electronic Registration Systems, Inc. Michael Fish IIA Un this r�day of /,, 20& ' bethre me, the subscriber, pei . Michael Fisher , who ackncvledgcd h miherself to he the Vice President of Mortgage'' ie Registration Systems, Inc.. end that heshe, as such dice President, being authorized to do so. executed the foregoing;, instrument lir the purposes therein contained. Stamp iN WITNESS WHEREOF, I hereunto set my hand and SHARON J LAWRENCE My Commission Expires January 3, 2010 The precise address of the within named After recording return to: Assignee is: Phelan Hallinan & Schmieg, LLP 4000 HORIZON WAY 1617 JFK Boulevard, Suite 1400 IRVING, TX 75063 One Penn Center Plaza CUMBERLAND COUNTY June 14,2009 Document Execution Inst .# 200925150 - Page 1 of 4 Bv: (For Assignee) Michael Fisher 04/12/2013 10:51:46 AM Philadelphia, PA 19103 PI -1S if 2t179ji CUMBERLAND COUNTY Inst.# 200925150 - Page 2 of e 04/12/2013 10:51:46 AM ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates, recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot No. 30 and Lot No. 31; thence along said western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point in the dividing line between Lots Nos. 31 and 32; thence along the dividing line between Lots Nos. 31 and 32 North 81 degrees 45 minutes 23 seconds West a distance of 310.67 feet to a point in the dividing line between Lots",Nos. 31 and 40; thence along the dividing line between Lots Nos. 31 and 40 North 08 degrees 51 minutes 28 seconds test a distance of 140.00 feet to a point in the dividing line between Lots Nos. 31 and 30; thence along the dividing line between Lots Nos. 31 and 30 South 88 degrees 17 minutes 00 seconds East a distance of 325.11 feet to a point in the western right of way line of 60 feet wide Chelsea Lane, the place of BEGINNING. THE ABOVE DESCRIBED lot of land is all of Lot No. 31 as shown on said Subdivision Plan for Kings Gap Estates recorded as aforesaid, and contains an area of 50,067 square feet, or 1.15 acres, more or less. THE ABOVE DESCRIBED Lot #31 has the mailing address of '62 Chelsea Lane, Carlisle, PA 17015. The above described lot of land is conveyed together with and under and subject, nevertheless, to easements visible or of record and the building and use restrictions of record. SUBJECT to building and use restrictions as contained in Deed Book 277, Page 4776. BEING the same premises which Robert G. Frey, Executor of the Last Will and Testament of Linwood B. Phillips, Jr. by deed dated December 7, 2006, and recorded in'the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 277, Page 4775, granted and conveyed unto Hoffman Custom Contracting, Inc. Grantors herein. CUMBERLAND COUNTY inst.# 200925150 - Page 3 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200925150 Recorded On 7/20/2009 At 11:54:08 AM Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 48616 User ID RAK *Mortgagor - BRAITHWAITE, WALTER W * Mortgagee - METLIFE HOME LOANS * Customer - JAM *FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID 04/12/2013 10:51:46 AM $0.50 $10.00 $11.50 $10 . 00 $2.00 $3.00 $37.00 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. II 00 MD4 It it CUMBERLAND COUNTY Inst.* 200925150 - Page 4 of 4 Exhibit "A3" e_ putt cfp, INSTRUMENT PREPARED BY AND WHEN RECORDED MAIL TO: LBPS 14523 SW Millikan Rd. #200 Beaverton, OR, 97005 Loan MIN D: 1 APN /T This area for recording office use Corporate Assignment of Mortgage/Deed of Trust Da ted 05/01/2010 FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to Fannie Mae ("Federal National Mortgage Association") with an address of 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254 All beneficial interest under that certain Mortgage/Deed of Trust dated 08/10/2007 and executed by WALTER W. BRAITHWAITE AND MARIA A. BRAITHWAITE the original lender being FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A., in the original amount of$309,280.00 Recorded on 08/14(2007 in book at page as Instrument No.200731760 of Official Records in the County Recorder's office of CUMBERLAND, State of Pennsylvania. Property Address: 62 CHELSEA LN, CARLISLE, PA 170157912 See attached legal description Together with the note or notes therein described or referred to, the money due and to become due thereonwith interest, and all rights accrued or to accrue under this Mortgage/Deed of Trust. 04/12/2013 10:51:54 AM Metlife Home Loans, a Division of MetLife Bank NA By IBM Lender Business Process Services, Inc., its Attorney in Fact Name: Tre Title: Col CUMBERLAND COUNTY Inst.# 201024192 - Page 1 of 4 Loan: MIN STATE OF OR COUNTY OF Washington On 8/10/2010 before me, Chad D Traver, Notary Public, Personally appeared Treys Moreland, who is the Collateral Control Team Lead of IBM Lender Business Process Services, Inc., Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. I do certify that the precise address of the within named Assignee is 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254. MAL SEAL CHAD O TRAVER NOTARY PUBLIC • OREGON COMMISSION NO. 449819 MISSION EXPIRES JULY 08, 2014 �2- Chad D Traver, Notary Public '12/2013 10:51:54 AM CUMBERLAND COUNTY Inst.# 201024192 • Page 2 of ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final subdivision Plan for Kings Gap Estates, recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows, BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot No. 30 and Lot No. 31; thence along said western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point in the dividing line between Lots Nos. 31 and 32; thence along the dividing line between Lots Nos. 31 and 32 North 81 degrees 45 minutes 23 seconds West a distance of 310.67 feet to a point in the dividing line between Lots Nos. 31 and 40; thence along the dividing line between Lots Nos. 31 and 40 North 08 degrees 51 minutes 28 seconds East a distance of 140.00 feet to a point in the dividing line between Lots Nos. 31 and 30; thence along the dividing line between Lots Nos. 31 and 30 South 88 degrees 17 minutes 00 seconds East a distance of 325.11 feet to a point in the western right of way line of 60 feet wide Chelsea Lane, the place of BEGINNING. THE ABOVE DESCRIBED lot of land is all of Lot No, 31 as shown on said Subdivision Plan for Kings Gap Estates recorded as aforesaid, and contains an area of 50,067 square feet, or 1.15 acres, more or less. THE ABOVE DESCRIBED Lot #31 has the mailing address of 62 Chelsea Lane, Carlisle, PA 17015. The above described lot of land is conveyed together with and under and subject, nevertheless, to easements visible or of record and the building and use restrictions of record. SUBJECT to building and use restrictions as contained in Deed Book 277, Page 4776. BEING the same premises which Robert G. Frey, Executor of the Last Will and Testament of Linwood B. Phillips, Jr. by deed dated December 7, 2006, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 277, Page 4775, granted and conveyed unto Hoffman Custom Contracting, Inc. Grantors herein. 0402/2013 10:51:54 AM CUMBERLAND COUNTY Inst.# 201024192 - Page 3 of ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201024192 Recorded On 8/31/2010 At 9:33:23 AM Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 71825 User ID - AF * Mortgagor - BRAITHWAITE, WALTER W * Mortgagee - FANNIE MAE * Customer - JAM TRANSFER * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 04/12(2013 10:51:54 AM *Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF D EDS * information denoted by an asterisk may change during the verification process and may not be reflected on this page. II °1111 111111111 CUMBERLAND COUNTY Inst.# 201024192 - Page 4 of 4 Exhibit "A4" "Hp Investor Loan tl After Recording Please Return To: Independent Settlement Services 100 High Tower Blvd., Suite 400 Pittsburgh, PA 15205 This document was prepared by IBM Lender Business Process Services, Inc. (LBPS) [Space Above This Line For Recording Datal 11111..1 HOME AFFORDABLE MODIFICATION AGREEMENT (Step Two of Two -Step Documentation Process) L710A Borrower ("r):1 Walter W Braithwaite Lender or Servicer ("Servicer"): 1BM Lender Business Process Services, Ino44— Date of first lien mortgage, deed of trust, or security deed ("Mortgage") and .Note ("Note"): August 10, 2007 - Loan Number:IME Property Address (see Exhibit 'A" attached hereto and made a part of thereof] (Property"): 62 Chelsea Ln, Carlisle, PA 17015 If my representations in Section 1 continue to be true in all material respects, then this Home Affordable Modification Agreement ("Agreement") will, as. set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Loan Documents." Capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that after I sign and return two copies of this Agreement to the Servicer, the Servicer will send me a signed copy of this Agreement: This Agreement will not take effect unless the preconditions set forth. in Section 2 have been satisfied. Seterus, Inc. TD If more than one Borrower or Mortgagor is executing this document, each is referred to as "I.' For purposes of this document words signifying the singular (such as "I") shall include the plural (such as "we") and vice versa where appropriate. MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3109 (rev. 8109) (page 1 of 7 pages) 04/12/2013 10:51:56 AM CUMBERLAND COUNTY Inst.# 201135226 - Page 1 of 12 1. My Representations. I certify, represent to Servicer and agree: A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been condemned; C. There has been no change in the ownership of the Property since I signed the Loan Documents; D. I have provided documentation for ail income that I receive (and I understand that I am not required to disclose child support or alimony unless i chose to rely on such income when requesting to qualify for the Home Affordable Modification program ("Program")); E. Under penalty of perjury, all documents andinformation i have provided to Servicer in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; F. If Servicer requires me to obtain credit counseling in connection with the Program, I will do so; and G. I have made or will make all payments required under a Trial Period Plan or Loan Workout Plan. 2. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A. If prior to the Modification Effective Date as set forth in Section 3 the Servicer determines that any of my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. In that event, the Servicer will have all of the rights and remedies provided by the Loan Documents; and B. I understand that the Loan Documents will not be modified unless and until (i) I receive from the Servicer a copy of this Agreement signed by the Servicer, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Servicer will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement. 3. The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on April 1, 2011 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. I understand that if I have failed to make any payments as a precondition to this modification under a workout plan or trial period plan, this modification will not take effect. The first modified payment will be due on April 1, 2011. A. The new Maturity Date will be: December 1, 2043. B. The modified principal balance of my Note will include all amounts and arrearages that will be past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, collectively, "Unpaid Amounts") less any amounts paid to the Servicer but not previously credited to my Loan. The new principal balance of my Note will be $385,488:31 (the "New Principal Balance"). I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement. I also understand that this means interest will now accrue on the unpaid Interest that is added to the ,outstanding principal balance, which would not happen without this Agreement. C. Interest at the rate of 2% will begin to accrue on the New Principal Balance as of March 1, 2011 and the first new monthly, payment on the New Principal Balance will be due on April 1, MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3/09 (rev. 8/09) (page 2 of 7 pages) 04/12/2013 10:51:58 AM CUMBERLAND COUNTY Inst.# 201135226 - Page 2 of 12 2011. My paymenschedule for the modified Loan is as follows: YearsRate InterestInterest o»ano-oow - Monthly Principal and InterestEscrow Payment Amount Estimated MonthlyTotal Payment Amount* Monthly'~''~ Payment"—�^~~' Number m Payments �'s 2% 3/1/2011 $1,337J4 $744.94, may adjust periodically $2,002.68, may adjust periodically *nO011 \ 60 6 3% 3n/20e 51,512,85 57**y* adjust periodically s2,257.7e may adjuat periodicallymay 4/1/2016 12 7 4% 3/1/2017 $1,694.34 $744.94,$744.94,$744.94,$2,439.28,4/1o017 may periodically may periodically 12 V'33 4.875% 3/1o018 $1.1357.10 $744.94, may adjust periodically $2,602,04, may adjust periodically 4/1/2018 309 N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A I N/A N/A The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The abovterms in this Section 3C, shall supersede anrov ions to the contrary in the Loan Documents, including but not limited to, provisions for art adjustable or step interest rate. I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment optIon, the interest -only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified loan will be the minimum payment that will be due each month for the remaining term of the loan. My modified loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest to be added to the outstanding principal balance. U. I will be in default if I do riot comply with the terms of the Loan Donummnkx, as modified by this Agreement. E. if a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. 4. Additional Agreements. I agree to the following: A. That all persons who signed the Loan Documents or their authorized representative(s) have signed this AQrwwnnont, unless (i) a borrower or co -borrower is deceased; (ii) the borrower and co -borrower are divorced and the property has been transferred to one spouse in the divorce decneo, the spouse who no longer has an interest in the property need not sign this Agreement (although the non -signing spouse may continue to be held liable for the obligation under the Loan Documents); or (iii) the Servicer has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or Workout Plan that I previously entered Into with Servicer. O. To nonnp|y, except to the extent that they are modified by this Agreement, with all covenants, ag,eemmnto, and requirements of Loan Documents including my agreement to make all payments of toxoa, insurance premiums, assessments, Escrow \tnmo, impoundu, and all other payments, the amount of which may change periodically over the term of my Loan. MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT — Single Family — Fannie MeelFreddie Mac UNIFORM INSTRUMENT Form 3157 3/09 (re".moo) (page omrpages) ow12Jxn o 10:51:58 AM CUMBERLAND COUNTY mvuvmn1nszzn-Page xof/o D. That this Agreement constitutes notice that the Servicer's waiver as to payment of Escrow Items, if anyhas been revoked, and I have been advised of the amount needed to fully fund my escrow account. I will pay to Servicer on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum (the "Funds') to provIde for payment of 'amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if premiums for any and all insurance required by Servicer under the Loan Documents; (d) mortgage insurance promiumm, if any, or any sums payable to Servicer in lieu of the payment of mortgage Insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Semicerequires to be escrawed. These items are called "Escrow Items." I shall promptly furnish to .Servicer all notices of amounts to be paid under this Section 4.D. I shall pay Servicer the Funds for Escrow Items unless Servicer waives my obligation to pay the Funds for any or all Escrow Items. Servicer may waive my obligation to pay to Servicer Funds for any or all Escrow Items at anytime. Any such waiver may only be in writing. In the event of such waiver, 1 Shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Servicer ond..if Servicer requires, shall 'furnish to Servicer receipts' evidencing such payment within such time period as Servicer may require. My obligation to make such payments and to provide receipts shall for all purposes be deemed to bea covenant and agreement contained in the Loan Documents, as the phrase 'covenant andagreement" is used in the Loan Documents. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Servicer may exercise its rights under the Loan Documents and this Agreement and pay such amount and |'uhm|| then be obligated to repay to' Servicer any such amount. Servicer may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with the Loan Duoummn\a, and, upon such revocation, I shall pay to Servicer all Funds, and in such amounts, that are then required under this Section 4D. Servicer may, at any Uhne, collect and hold Funds in an amount (a) sufficient to permit Servicer to applythe Funds at the time specified under the Real Estate Settlement Procedures Act ("RESPA"), and (b) not to exceed the maximum amount a Servicer can require under RESPA. Servicer shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held inan institutiomwhoSe deposits are insured by a federal agency, instrumentality, or eU (inCluding Servicer, ifServicer ia.an institution whose deposits are so insured) or in any Federal Home Loan Bank. Servicer shall apply the Funds to pay the Escrow items rio later than the tIme specified under RESPA. Servicer shall not charge me for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Servicer pays me interest on the Funds and applicable law permits Servicer to make such a charge. Unless an agreement is made in writing or applicable law requires interest to be paid on the Funds. Servicer shall not be .required to pay me any interest or earnings on the Funds. Servicer and I can agree 1nwriting, however, that interest shall be paid on the Funds, Servicer shall provide me, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Servicer shall account to me for the excess funds in accordance with RESPA. If there is a snortageof Funds held in eocmw, as defined under RESPA, Servicer shall notify me as required by RESPA, and I shall pay to Servicer the amount necessary10 make up the shortage in accordance with RESPA, but in no rnorethan 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Servicer shall notify me as required by RESPA, and I Shall pay to Servicer the amount necessary to make up the deficiency in accordance with RESPA, but in MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT — Single Family — Fannle MaelFreddle'Mac UNIFORM /wSIeumEwr Form 3157 3/09 (rev. 8/09) (page *w,pages) 04/12/2013 10:51:58 AM CUMBERLAND COUNTY Inst.# 201135226 - Page 4 of 1; no more than 12 monthly payments. Upon payment in full of all sums secured by the Loan Documents, Servicer shall promptly refund to me any Funds held by Servicer. E, That the Loan Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. F. That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided In, and as expressly modified by, this Agreement, the Servicer and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Servicer's prior written consent, Servicer may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Servicer shall not exercise this option if state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transfer. If Servicer exercises this option, Servicer shall give me notice of acceleration. The notice shall provide a period of notless than 30 days from the date the notice is delivered or mailed within which I must pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this period, Servicer may invoke any remedies permitted by the Mortgage without further notice or demand on me. H. That, as of the Modification Effective Date, I understand that the Servicer will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Gam St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. I. That, as of the Modification Effective Date, any provision in the Note, as amended, for the assessment of a penalty for full or partial prepayment of the Note must be waived with respect to any borrower "pay for performance". J. That, I will cooperate fully with Servicer in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Servicer's procedures to ensure that the modified mortgage loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Servicer does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. That I will execute such other documents as may be reasonably necessary to either (I) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Plan if an error is detected after execution of this Agreement. I understand that a corrected Agreement will be provided to me and this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrected Agreement, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the Home Affordable Modification program. L. Mortgage Electronic Registration Systems, Inc. ("MERS") is a separate corporation organized and existing under the laws of. Delaware and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, (888) 679-MERS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3/09 (rev. 8109) (page 5 of 7 pages) 04/12/2013 10:51:58 AM CUMBERLAND COUNTY Inst.# 201135226 - Page 5 of 12 mortgage and who is acting solely as nominee for Servicer and Servicer's successors and assigns, MERS 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 Servicer including, but not limited to, releasing and canceling the mortgage loan. M. That Servicer will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity, In addition, I understand and consent to the disclosure of my personal information and the terms of the Trial Period Plan and this Modification Agreement by Servicer to (a) the U.S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (c) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program; and (e) any HUD certified housing counselor. MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3/09 (rev. 8/09) (page 6 of 7 pages) na 2/7n13 1n•51.5R AM CUMBERLAND COUNTY Inst# 201135226 - Page 6 of 12 N. I agree that if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, Inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, I will comply with the Servicer's request to execute, acknowledge, Initial and deliver to the Servicer any documentation the Servicer deems necessary. If the original promissory note is replaced, the Servicer hereby indemnifies me against any loss associated with a demand on the original note. AU documents the Servicer requests of me under this Section 4.N. shall be referred to as "Documents." I agree to deliver the Documents within ten (10) days after I receive the Servicer's written request for such replacement. In Witness Whereof, the Servicer and I have executed this Agreement. Seterus, Inc. 74-Alc?.. L41k_. Servicer IBM Lender eiusiness Process Servtes, Inc. Date Barbara Smit Loan Administration AVP Fannie Mae ("Federal National Mortgage Association")by IBM Lender Bus Pefil 9 f A s 1 s, Inc. its /e---' attorney-in-fact William Mitchell WM ,.vve-i41-- Loan Administration, AVP 1/ -Z4-1 ) Bor7w r S Dat (Seal) 9 2011 Borrower (Seal) Date (Space Below This Line For Notary Acknowledgementl MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT — Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3/09 (rev. 8109) (page 7 of 7 pages) 04/12/2013 10:51*58 AM CUMBERLAND COUNTY Inst.ft 201135226 - Page 7 of 12 STATE OF Oregon COUNTY OF Washington On NOVEMBER ,2011 before me, aid( , Notary Public, Personally appeared Barbara Smith and William Mitchell who are the Loan Administration AVP of SETERUS, INC.F/KJA IBM LENDER BUSINESS PROCESS SERVICES, INC. Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires on:_ 04/12/2013 10:51:58 AM Notary Public State of Oregon OFFICIAL SEAL lifJOILSONLER NOTARY PUBUC • OREGON COMMISSION NO. 450909 CUMBERLAND COUNTY Insl# 201135226 - Page 8 of State of County of ACKNOWLEDGEMENT P-61f\WPI- eumbtg\and ki*\1101/4\ P),0'tc On\OJa 2b \M)&kg. )Ji( before me, , personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sign RE: Walter W Braithwaite L710 - HAM? Modification Agreement na/1217013 10:51:58 AM Seal) CUMBERLAND COUNTY ONIfit1-7141119I§Ym" NC1ARIAL SEAL ALMA YVETTE GONZALEZ, Notary Public S. MtdCilitOn TWp.. Cwnherland County MY CornmIssion Expires March 18, 2013 F028A Inst.# 201135226 - Page 9 of EXHIBIT "A" LEGAL (DESCRIPTION . ALL THAT CERTAIN PARCEL OF LAND SITUATED IN CITY OF CARLISLE, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA BEING KNOWN AS ALL THAT CERTAIN LOT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH THE FINAL SUBDIVISION PLAN FOR KINGS GAP ESTATES, RECORDED ON APRIL 10, 1992, IN THE HEREINAFTER NAMED RECORDER'S OFFICE IN PLAN BOOK 64, PAGE 48, ETC., AS FOLLOWS; BEGINNING AT A POINT IN THE WESTERN RIGHT OF WAY LINE OF 60 FOOT WIDE CHELSEA LANE AT THE DIVIDING LINE BETWEEN LOT NO. 30 AND LOT 31; THENCE ALONG SAID WESTERN RIGHT OF WAY LINE OF 60 FOOT WIDE CHELSEA LANE SOUTH 12 DEGREES 42 MINUTES 52 SECONDS WEST, A DISTANCE OF 177.49 FEET TO A POINT IN THE DIVIDING LINE BETWEEN LOTS NOS. 31 AND 32; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 31 AND 32 NORTH 81.DEGREES 45 MINUTES 23 SECONDS WEST A DISTANCE OF 310.67 FEET TO A POINT IN THE DIVIDING LINE BETWEEN LOTS NOS. 31 AND 40; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 31 AND 40; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 31 AND 40 NORTH 08 DEGREES 51 MINUTES 28 SECONDS EAST A DISTANCE OF 140.00 FEET TO A POINT IN THE DIVIDING LINE BETWEEN LOTS NOS. 31 AND 30; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS NOS. 31 AND 30 SOUTH 88 DEGREES 17 MINUTES 00 SECONDS EAST A DISTANCE OF 325.11 FEET TO A POINT IN THE WESTERN RIGHT OF WAY LINE OF 60 FEET WIDE CHELSEA LANE, THE PLACE OF BEGINNING. THE ABOVE DESCRIBED LOT OF LAND IS ALL OF LOT NO. 31 AS SHOWN ON SAID SUBDIVISION PLAN FOR KINGS GAP ESTATES RECORDED AS AFOREDSAID, AND CONTAINS AN AREA OF 50,067 SQUARE FEET, OR 1.15 ACRES, MORE OF LESS. THE ABOVE DESCRIBED LOT #31 HAS THE MAILING ADDRESS OF 62 CHELSEA LANE, CARLISLE, PA 17015. THE ABOVE DESCRIBED LOT OF LAND IS CONVEYED TOGETHER UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS VISIBLE OR OF RECORD AND THE BUILDING AND USE RESTRICTIONS OF RECROD. SUBJECT TO BUILDING AND USE RESTRICTIONS AS CONTAINED IN DEED BOOK 227, PAGE 4776. AND BEING MORE FULLY DESCRIBED IN INSTRUMENT 200731759 RECORDED ON 08/14/2007 AMONG THE LAND RECORDS OF CUMBERLAND COUNTY, PA. BEING THE SAME PROPERTY CONVEYED TO WALTER W BRAITHWAITE, MARIA A BRAITHWAITE BY DEED FROM HOFFMAN CUSTOM CONTRACTING, INC. DATED 08/10/2007, recorded 08/14/2007, INSTRUMENT 200731759 Parcel ID Number: 08-12-0334-127 04/1212013 10:51:58 AM CUMBERLAND COUNTY Insl.# 201135226 - Page 10 of 12 EXHIBIT "B" This Document was prepared by: Seterus, Inc. 14523 SW Millikan Way Suite 200 Beaverton, OR 97005 Tax ID tt: This Home Affordable Modification Agreement CHAMP Modification Agreement") reflects the modified terms of the Original Senior Lien as referenced below, Original Mortgage Date: 08/10/07 Borrower: WALTER W. BREAITHWAITE & MARIA A. BRAITHWAITE Original principal amount: $ 309,80.00 Recording information: RECORDED on 08/14/07 VOLUMEIPAGE/INSTRUMENT#200731760 Original Lender: MERS, INC. AS NOMINEE FOR FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK, N.A. 04/12/2013 10:51:58 AM CUMBERLAND COUNTY Insl # 201135226 - Page 11 of 12 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201135226 Recorded On 12/19/2011 At 10:53:57 AM * Total Pages - 12 * Instrument Type - MODIFICATION OF MORTGAGE Invoice Number - 98704 User ID - KW * Mortgagor - BRAITHWAITE, WALTER W * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - LNDEPENDENT SETTLEMENT SER * FEES STATE WRIT TAX RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID 04/12/2013 10:51:58 AM $0,50 $25.50 $10.00 $2,00 $3.00 $41.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA /41 RECORDER 0 D EDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. CUMBERLAND COUNTY Inst.# 201135226 - Page 12 of 12 Exhibit "B' FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW WACHINGTON, DC 20016 Plaintiff vs. WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE 62 CHELSEA LANE CARISLE, PA 17015-7912 and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants STATE OF COUNTY OF • COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY • • NO. 13-1131 PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT Oregon ) SS: Washington ) Lisa Lubbess , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Foreclosure Specialislat SETERUS, INC., as authorized sub -servicer for Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. - 3. I have reviewed the books, records, loan documents, and loan history pertaining to the Defendants' Residential Mortgage loan being serviced by SETERUS, INC. as authorized sub -servicer for Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America. File Name: WALTER W. BRAITHWAITE and MARIA A. BRAITHWAITE, PH # 793536 4. All proper payments made by Defendants have been credited to Defendants' account. 5. Defendants' mortgage payments due 11/01/2011 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage are correctly stated as follows: Principal Balance $380,597.09 Interest $23,461.46 10/01/2011 through 10/31/2014 Property Inspections $675.00 Late Charges $533.98 Escrow Deficit $26,679.41 TOTAL $431,946.94 7. Defendants have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided Defendants with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. File Name: WALTER W. BRAITHWAITE and MARIA A. BRAITHWAITE, PH # 793536 10. Plaintiff properly accelerated its mortgage to protect its interests. Name: Lisa Lubbess Title: Foreclosure Specialist SETERUS, INC. as authorized sub - servicer for Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America On this S day of ao vLemNiirs.41-7_ , 20 ILI, before me a notary public, the undersigned officer, personally appeared the above named person, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she/he executed the same for the purposes therein contained. In witness hereof, I hereunto set d and o Stamp/Seal: OFFICIAL STAMP NATHAN OLIVER ABELN NOTARY PUBLIC — OREGON COMMISSION NO. 466318A MY COMMISSION EXPIRES MARCH 01, 2016 File Name: WALTER W. BRAITHWAITE and MARIA A. BRAITHWAITE, PH # 793536 Exhibit "C" FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION') Plaintiff(s) vs. WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) FORM I • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0 r's. a -*t —t -0 r*t --t.., . =p 13_1131 l��vtlrG a o" 7.xv -4: to -� - 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 a court -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) 243- 9400 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 provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial 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 will have 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 that 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. n Michael Kolesnik, 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? Yes.Ca No 0 Mailing Address (if different}:.. .. City: Phone Numbers: Zip: ce: ;$. Phone:.. Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: State: Zi Home:, Office: Cell: Other: How long? _ ._.. First Mortgage Lender:. Type of Loan: Loan Npmber: Second Mortgage Date You Closed Your Loan: 011350' Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: .. Primary Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes 0 No 0 If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ ..:. .. .. Retirement Funds: $ Investments: $ Checking: Savings: $ $ Other: $, Automobile #1: Model: .. Amount owed: .. Value: Automobile #2:. Model: Year:._ .. Amount owed: .. Value: , Other transportation (automobiles, boats, motorcycles)::M Year: Amount owed:.. • Vt Monthly Income Name of Employers: 1.• : Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): l monthly amount: 7 monthly amount: Borrower Pay Days: Co -Borrower Pay Days... Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"4 rtgage Utilities _ .n_ . Car Paym CondofNeigh. Fees Auto ce__....:- Med. (not covered) Auto fueiJreaairs Other op. payment Install. Loan Paymen Cable TV Child Support/Alim. Day/Child Car it. Spending Money Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No 0 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): _ Faki Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes[J No 0 If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes E] No If yes, please indicate the status of those negotiations - - Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name):- Servicing Company:Nth:, Contact:.. Phone - ?hone: - -• ..-layseWerthis:.Mfehtibet tomy lenderiserrieer fur ffie,se)epuipOSe,!sof evaluating my e440.441714'10.4 '',ii*Atilfide?tiddetslici.'011.i. •t use ti..1...;qp tip:$*4: sgoi,foot.0-01. ,s00*to. :04 Borrower Signature Co -Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2,---fast-2-bsinIcstaternents 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) 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 ME A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 011-thR LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Filet 299774 CUMBERLAND COUNTY ATTORNEY REFERRAL. CUMBERLAND COUNTY BARASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA. 17013 (70);049,300 (800) 990-9108 PHELAN HALLINAN & SCHMIBO, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") COURT OF COMMON PLEAS 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 CIVIL DIVISION Plaintiff TERM NO. /3- n3/ Terfri WALTER W. BRAITHWAITE MARIA A. BRAITIMAITE•CUMBERLAND COUNTY 62 CHELSEA LANE CARLISLE, PA 17015-7912 THE UNTIED STATES OF AMERICA C/0 THE UNITED STATES ATTORNEY Fql. THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants File*: 299774 Thr CO TG. E 4103.-75 pp Art,/ elf waxers. 020170 1. Plaintiff is FANNTE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 2. The name(s) and last known address(es) of the Defendant(s) are: WALTER W. I3RAITHWAITE MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SU1Th 220, PO BOX 11754 HARRISBURG, PA 17108-1754 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/10/2007 WALTER. W. BRAITHWAITE and MARIA A. BRAITHWAITE mack, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST HORIZONLOANS; A DIVISION .OF FIRST TENNESSEE BANK, N.A. which mortgage is recorded in the Office Of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200731760. Said mortgage was modified as set forth in the modification agreement recorded 12/19/2011, as Instrument No, 201135226. By Assignment of Mortgage recorded 08/31%2010 the mortgage was assigned to FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") which Assignment is recorded in Assigrmient of;Mo itrU-Vigftt7N§71 9277Sli mortgage was modified as set forth in the modification agreement recorded 12/19/2011, in Mortgage Instrument No. 201135226. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein File 4: 299774 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 11/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 12/24/2012: Principal Balance . $380,597.09 f Interest $9,360.26 10/01/2011 through12124/2012 Late Charges $533.98 Property Inspections $210.00 r _ Escrow Deficit $9.071.54 TOTAL $399,772,87 r 7 Plaintiff is not seeking a judgment of personal liability (or 'an in nersonam 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 attemptto reestablish -such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises'pursuant to Pennsylvania Law. File 0: 299774 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The United States of America is marlf. a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax hens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: * United States vs. WALTER W. BRAITHWAITE; CUMBERLAND Docket No, 10-.6577-FTL; Filed 10/15/2010; in the amount of $10,385.56 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $399,772.87, 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 & SCHLMIEG, L P File #; 299774 . , orney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Kings Gap Estates, recorded on April 10, 1992, in the hereinafter named Recorder's Office in Plan Book 64, Page 48, etc., as follows: BEGINNING at a point in the western right of way line of 60 foot wide Chelsea Lane at the dividing line between Lot No. 30 and Lot No. 31; thence along said western right of way line of 60 foot wide Chelsea Lane South 12 degrees 42 minutes 52 seconds West, a distance of 177.49 feet to a point in the dividing line between Lots Nos. 31 and 32; thence along the dividing line between Lots Nos. 31 and 32 North 81 degrees 45 minutes 23 seconds East a distance of 310.67 feet to a point in the dividing line between Lots Nos. 31 and 40; thence along the dividing line between Lots Nos. 31 and 40 North 08 degrees 51 minutes 28 seconds East a distance of 140.00 feet to a point in the dividing line between Lots Nos. 31 and 30; thence along the dividing line between Lots Nos. 31 and 30 South 88 degrees 17 minutes 00 seconds East a distance of 325.11 feet to a point in the western right of way line of 60 feet wide Chelsea Lane, the place of BEGINNING. THE ABOVE DESCRIBED lot of land is all of Lot No. 31 as shown on said Subdivision Plan for Kings Gap Estates recorded as aforesaid, and contains an area of 50,067 square feet, or 1.15 acres, more or less. THE ABOVE DESCRIBED Lot #31 has the mailing address of 62 Chelsea Lane, Carlisle, PA 17013. PROPERTY ADDRESS: 62 CHELSEA LANE, CARLI PA,. 71}SL-7912 PARCEL # 08-12-0334-127 File #: 299774 VERIFICATION WithamRandolph Foreclosure hereby states that he/she is. SPedalist of SETERUS, INC., 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 inforniation 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: ;.49. Z1,- 13 File#: 299774 Name: BRAITHWAITE Title: Foreclosure Spedalist SETERUS, INC. Seterus, Inc., as Senricer -4r; Federal National Mortgage Association (*FNMA") File 41: 299774 Exhibit "D" • FANNIE MAE (FEDERAL NiIONAL MORTGAGE ASSOCIATIONi 3906 WISCONSIN AVENUENW WASHINGTON, D.C20016 Plaintiff • V. WALTER BRAITHWAITE MARIA BRAITHWAITE 62 CHELSEAIANE' CARLISLE, PA 17015 Defendants 1- 2- 3 - Agreed Agreed ,„1 -r, COURT OF COM N PLEAS CIVIL DIVISION TERM NO. 13-1131 Civil Term dimbeifand County 1 CIVIL ACTION -IAN ;ANSWER TO COMPLAINT IN MORTdAGE FORECLOSURE Disagreext Mortgaged !nod ificationfecorded4,V19/2D11 donet*only qne defe,ndant fter their Divorce Decree.,fiefendarh, Mia BraithWaite' had no knowledge of modification, ‘. > modification was obne),MtliOut defendant's consent: Defendant, Maria Braithwfite Included mortgage 0P13.a13YrUptdy'Aid did not modified the note with Plaintiff on 12/19/2011, Agreed -- 5- .'`Dipgrra7Plaintiff,Setents agreed.with Defendants to a Deed in lieu resolution. Dis'agr 7- Agreed 8- Agreed 9- Agreed. WHEREFORE. defendants demands that Complaint should be dropped and no judgment in the sum of $399,772.87 should be demanded against Defendants Walter Braithwaite and Maria BiaithWaite.. Walter Braithwaite, Defendant / Walter Bratth foregoing Answe4 o I _ ction in Mortgage *closure are. true and correct to the best of his information and be• fef T,he undersigned and st' nds that thikstatement is made subject to the penalties of 18 Pa. C Sec, 4904 relating to u sworn falsification to authorities. CATION ates that ffe i the Defendant, verifies that the statements made in the Date: t'I eY01> Walter Braithwaite, Defendant '1,1? tNkifiy: L*4- itt'tW;iti'tt?.'i91 ?iter;' t; ;it4:r; .t9.,:it s; ! FANNIE MAE (FEDERAL NATIONAL MORTGAGE ASSOCIATION) 3900 WISCONSIN AVENUE NW WASHINGTON, D.C. 20016 Plaintiff V. WALTER BRAITHWAITE MARIA BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015 Defendants COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 13-1131 Civil Term Cumberland County CIVIL ACTION -LAW ANSWER TO COMPLAINT IN MORTGAGE. FORECLOSURE 77' 1- Agreed 2- Agreed 3- Disagreed. Mortgaged modification recorded 12/19/2011 done by only one defendant after their Divorce Decree. Defendant, Maria Braithwaite had no knowledge of modification, modification was done without defendant's consent. Defendant, Maria Braithwaite included mortgage on Bankruptcy and did not modified the note with Plaintiff on 12/19/2011. 4- Agreed 5- Disagreed 6- Disagreed. 7- Agreed 8- Agreed 9- Agreed WHEREFORE, Defendant demands that Complaint should be dropped and no judgment in the sum of $399,772.87 should be demanded against Defendant Maria Braithwaite: Maria Braithwaite, Defendant Exhibit "E" 3.4 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: NOVEMBER:6, 2012 TO Walter W. Braithwaite 62 Chelsea Lane Carlisle, PA 17015-7912 Walter W. Braithwaite • 7219 Via Abruzzi. Lake Worth, FL 33467-6940 Maria A. .Braithwaite 62 Chelsea Lane Carlisle, PA 17015-7912 Maria A: Braithwaite 1818 W. Higbland Street Allentown, PA 18104-4134 Maria A. Braithwaite 7219 Via Abruzzi Lake Worth, FL 33467-6940 • otr$T-IRAT iszwEar-ccits COL-I=T:A bEVE Ints"i4ofV4 iN;AN• AfltMPT :30 cauTliOrtig XN1Dk fCDNES ItIO.RIMYTO arx* AND.ANY INFOPMAT OW .0.BTAINE11.Egat vovvaL0E..listoTO:st :17.14.AT ?t1U'OSb tt *0.ti 1 ANTE:1?:R. .......................... DrsCI 1MCitIN 1 (Op3sPoNDEN:C:ti.1.$ NOTA,Npi's50.04)- NOT 13.E. CONSIIIWEbJ.170.13i4 toicoLut7 , OTON:'(*:.i.',.iNFORtEMEOT.F.A:LIEV.i40: • =817'..}):ROPM6r. This is an official 110fiCe that the mortgage on your me is in default, and the lender intends to forectose Speeifie information about the nature of the default is Provided in the attach OS, Thetlei a be ab To s 'NCVM r • ThisNo ASSI' TAN( -ORO . . - aims howthe T E DATE OF THIS T en:Von met wfth the CE11,11StliA CI c e with von Thenn*, adth,YeSS:aud:phoneninnhor cif.Constorior,C1-. ,CduriSeit Attldre4: serving County -&thsted di the end Noti4,.. have alvquestiops:..y.oU.:th'iWil I. the .PetinsylVania,lionsfint. freeFirnnce Agency toll (Persons wrathitrOb'ed:Edastitig :Can cll (117).180.: 1.869j.. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION I.NMEDIATAMENTE LLAl/IANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FLNANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECAO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Walter W. Braithwaite and Maria A. Braithwaite 62 Chelsea Lane, Carlisle, PA 17015-7912 First:Horizon Il:ome'Loans, A.Division of First Tennessee Bank, N.A. Fannie Mae ("Federal National Mortgage Association`.`): HOMEOWNER'S .EMERGENCY MORTGAGE ASSISTANCE PROGRAM. :YOU.MAY;BE:W..Q_IiiL.E.FOR FINANCIAL ASSISTANCE. . • iV IIIC :.(:.4N SAVE. YOUR HOME FROM FORECLOSURE -AND HELP YOU: M'.&KE+ 1� 1`iTU MORTGAGE PA:YM1+ NTS:: IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR.DEFAULT HAS .BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR•CONTROL, s IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR. MORTGAGE.PAYMENTS, AND s IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY •STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the -date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the' end of this Noticc..14IIS:ME T1NG'MIIST OCCUR. W1TII:CN 'THIRTY=TT!:.IIREE (33):.DAYS OF THE DATE OF TIM NOTICF r.. YOC:i: DO NOT : PPLY` OR EXtER:O' NCY .MORT.GAGE ASsisTAN t, YOl1.: MUDS 1' ,BRIN . YOUR IQA.Gf UP `1`O Dlt:l71.:)1: ,.-P \:RT OP I RS N[ f t :.CALLED 1 0W J`0 CURE".:.Y{ U:R M RTGAC I DEFAULT" S:HOW TO BRING Y{, IU M1, fC I'GAGE :tJP TO;DAJ CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of .the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. `'he.: iiatnes'i addresses and t epiloite . tuat3.l it:s tf designated .consul. cr..crcdi . counsel.in aj;,etncies fot• he: countyin Which:.t te.prQJ)Crty is l.Cte#r.ti d r)r"e'.set lotth a( the end L, this Notieo; It is only necessary to schedule one fact -to face meeting. Advise your lender iinmediately of your intentions. AI' LTCAT>iONFO:R IWIORTG ACT .ASSIS:TAN-C E -- Your Mortgage is:in.dciiuit for.* reasons sea •fortlr::laier.:iri utas: Not :ce. (seefoi10 3 ng gos: fi r epi ci1iic..inft�i��tat-ion a out the :naIurr of yt>ur de41t1t):, Ynri is v .:itie 7i011:10:.000.1y pp1y for financial assistance from the Homeowner's Emergency Mortgage.:Ass.tstance:•P:rograrn . Ta do so, you :rt)ctst fill. out, si,grl and file a completed Homeowner's Emergency A.ssisiancc Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a cornplete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. Ai YOU SHOULD FILE A IIEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY IVITHLV 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PIIFA WITHIN 30 DAYS Of THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OE FORECLOSURE". YOU .H fVF THE ::RIGIt7 :1°fi:.Flix ;l EMAP A'!'rulc A,TFOiV . 't'I'ft. s:}::oNA tJ`P SF T 1 I'IsRIOL)$: A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION; BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- .Available funds for emergency mortgage assistance are very limited.' They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance,Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you ,have met the time requirements set forth above. You will he notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECT :D BY THE FILING OF A PETITION EN BANKRUPTCY, THE FOLLOWING PART OE THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT .BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. s t :von have filed b:inlcrctptcy you., can still apply for 7sit►erren¢T Mortgage Assistance.) HOW TO CURE 'YOUR MORTGAGE DEFAULT .Brin .0 _ to. date). N.ATURE,OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 62 Chelsea Lane, Carlisle, PA 17015-7912 is SERIOUSLY IN DE'AIJT.,T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the folio amounts are now past due: Start/End: 11/01/11 through 11/01/12 at $1,337.74 per month. .Monthly Payments Accrued: $17;390:62 Late Charges Accrued: , $533.918 Inspections: $225.00 Other (Escrow Deficit): $9;071.54 Other (Appraisal): $130.00 (Suspense): X50:00 TOTAL AMOUNT PAST DUE: $27,351.14 B. YOU HAVE FAILTD TO TAKE THE FOLLOWING ACTION: (Do not use if not. applicable.) g HOW TO CURE TAE DEFAULT -- You -may cure the default within 'THIRTY (30) DAYS of the date of this notice BY PAYING TIIE TOTAL, AMOUNT PAST DUE TO THE LENDER, WHICH IS $27,351.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIIICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount clue on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we.receive your check, in which event we will inform you. before depositing the check for collection. For further information, write the 'undersigned or call (215) 563.7000 and ask for the Foreclosure Resolution Department. 'Li lnei't _:mus/ Ise n adc ex�hc�e.:bywc5�;ri; r; Shiees:_ llecic.tett' eti cliecic t ' money order made payable and sent to: • ;: • PBELAN HALLINAN&:SCHMIECI- One Petta Center at Su bUi-ba rt: Station 1617 John:F. Kennedy Boulevard; Suite 1400 Philadelphia; RA.1910371814 Attn: Foreeloit tire Res011itionDevattatent You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:. (122 not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not the default within THIRTY (30) DAYS of the date of this Notice, Att.:10Am- intends :.t0.. exertise riktitS!..to accelerate llit.ritOge. debt. This .means that the .entire ...... ..... . . outstandingl*lance ...................... heszottAidemd,due.immedlat4 Atta.ybu:rtay Iose::the :pay the mortgage in monthly installments. 11'% payment :Cif the:•fotatainOttnt :made: wittiiu'.rHrM 00DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF MORTGAC;E iS :FORECLOSED UPON ,- The mortgaged property will be sold by the Sheriff to pay off the inottga.ge:debt. Any: atiArileyis Tpes. will be added to the anicnint you owe the lender, which may also include other reasonable costs. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGErir. 10...CURE; ',P,RIOTt TO:SHERIFFS SALL -- lf.you have not cured the default within the T1211kTY:(0):: OXY perid and :.tbrealps.gp,.pi7400q.,a0g0...11)0y0••egitai the rghl to eure:the derma. and prcventhc sale at :aitiZ tliffe.tp1O;Otketr: YOU old:di) So ihNjaVii4 the tOliaainOunt: Then:past:. ..pitte„plas.arrit Jt or otherQllargcs iheit...theLreas6ttiti attorney'sfea atat•coSts.:connecte0: with the s1e and • a riy. :ofher :etAts..:eound.god.:.with the Siteriffs.:S.ale:..a.,S::*iitia.ih::.Oiritifliby the.:Ittuidti :and bv. pmforrnimianv:•Othef requirements under the mortgage. Curing your default in the 'manner set forth. in this notice will restore your mortgage to the same position as if you had never defaulted. EARMST:rossint.SHERIFF7S.SAI,E.DAIS is::ektitbated that tfie. oar' suel:$;a Strerifrs.Sate of •ax.14irnitiths•fro.rit-t he date of this :Notice.: IVIIptite.-,10. Ille.,:actual.:date. of the- tti:you..hufarc the sale: Of coune, the arnount ncedcd. lo cure ayedthtilt- will increase the longer you wait. You may find out at any -r.0e.egactly• contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender's Attorney: PHELAN HALLINAN & SCHMIEG, LLP A Adr_ess: One ROHL Center At Stdiorhan Station A.017 John:F. keruiediBoalevIrsitStAttet400 Iltiladelnhix PA 191Q3.7414.. Phonc:NuMben (2151 563t7009 : FaiNibUficr:: s) $611-019 E -Mail Address: FtkekilittiOialiedPlie.ecun: . . . . . .. .EFFECT $0011F408 -- You should realize that a Sheriffs Sale will end•your ownership of the mortgaged Otipetiy.44:9:6.40.01. to occupy it, It you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you:00: yuttribrnishirig-and;rithe. belongings could be started by the lender at any time. M()RTGAGF :"-Youmay or may not (CHECK ONE) Sell or transfer your home to a debt, provided that all the outstanding payments; charges aildattoThey's f66'..and •c,.057rs..arepai:ti; pgot.:1:0:c13.,.40.1.e..$01e:..airti.;:that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE .MORTGAGE DEBT OR TO BORROW MONEY.FROM ANOTHER L.ENDING INSTITUTION TO PAY OFF THIS DEBT. e ' TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO NAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS 1F NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES TN ANY CALENDAR YEAR.) o TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. o TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE' LENDER, • TO SEEIC. PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. If this is the:first notice that .you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested within thirty (30) days from receipt of this letter; the firm will send you the name and address of the original creditor if different from above. Very\Tery truly yours, Cc.: Seterus, Account No. FH/mas 4ELAN HALLINAN LLP Mailed by 1" Class Mail and by Certified Mail CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 7178 2417 6099 0,112 2805 7178 2417 6099 0112 2799 7178 2417 6099 0112 2782 7178 241? 6099 0112 2775 7178 2417 6099 0112 2768 HEMAR,Co.ostinter Cr di .ounselang Agencies: CUMBERLAND County {Ler rC't t J. tcd; u.v1Q-24312:01;57 rm Advantage Credit Counseling Service(CCCS of Western PA 2000 Linglcstown Road Harrisburg, PA 17102 888-511-2227 Housing Alliance ofYork1Y Housing Resources 290 West Market Street York, PA 17401 717-855-2752 PA Interfaith Community Programs_tbe 40;E High,Street Gettysburg, PA 1732,5 717-334-1518 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 1Vitrarat1a 4.3:'Pli 441:110 uc. Vfay�resi ro..PA :'1'72'68. 21 t4011L H rris.bur , Name and Phelan Ha11inar & Schmieg, LLP II. Address One Penn Center at Suburban Station, Suite 1900 of Sender Philadelphia, PA 19103 PHS NUMBER: 299774/1197 Line Article Number Name of Addressee, Street, and Post Office Address ` w -_ ____--_-'- -_- --- SZT / 299774/1197 WALTER W. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 SZT / 299774/1197 WALTER W. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940 SZT / 299774/1197 MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 , 4 SZT /299774/1197 • MARIA A. BRAITHWAITE 1818 W HIGHLAND STREET ALLENTOWN, PA 18104-4134 5 SZT /299774/1197 MARIA A. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-694Q .. - LETTERS Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee), The full declaration of value is required on all clonteitie and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a ' limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900,S913 and S921 for limitations of coverage. orm387lFacsjmjle I. Name and II. Address of Sender PHS NUMBER: 299774/1197 III. Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station, Suite 100 Philadelphia, PA 19103 Line . Article Number ' Name of Addressee, Street, and Post Office Address "' Postage .2 N s SZT / 299774/1197,-.v WALTER W. BRAITHWAITE 62 CHELSEA LANE CARLISLE,: PA.. 17015-7912T 2 SZT /.299774/1197 WALTER W. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-69.40 SZT / 299774/1197 MARIA A. BRAITHWAITE 62 CHELSEA LANE CARLISLE, PA 17015-7912 4 SZT / 299774/1197 MARIA A. BRAITHWAITE 1818 W HIGHLAND STREET ALLENTOWN, PA 18104-4134 5 SZ / 29'97741197. :.. T . MARIA A. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940- __ _ ACT LETTERS Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per.(Name of Receiving Employee) . The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, `sent with optional insurance. See Domestic Mail Manual R900,S913 and S921 for limitations of;coverage. Form 3877 Facsimile Exhibit "F" LOAN ADMINISTRATION 4000 HORIZON WAY IRVING, TEXAS 75063 P4811 -45C CUSTOMER ACCOUNT ACTIVITY STATEMENT REQ BY MLB FNMA WALTER W BRAITPT017T7 ■LOAN NUMBER: ACTIVITY FOR PERIOD 06-01-08 - 05-04-10 PROCESS DUE TRANSACTION TRANSACTION DATE DATE CODE DESCRIPTION DATE 05/04/10 PAGE 02 EFFECTIVE DATE OF TRANSACTION TRANSACTION PRIN PD/ ESCROW PD/ OTHER AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 09-01-09 00-00 200.00 09-01-09 00-00 115.00 09-01-09 00-00 78.50 09-01-09 00-00 625.00 08-17-09 10-08 4,728.66 08-17-09 08-09 4,728.66- 08-04-09 10-08 2,979.00 08-04-09 08-09 2,979.00- 06-26-09 00-00 15.00 05-28-09 00-00 15.00 05-28-09 00-00 15.00 05-28-09 00-00 15.00 05-28-09 00-00 15.00 05-28-09 00-00 15.00 05-18-09 10-08 0.00 04-16-09 10-08 0.00 04-16-09 10-08 4,034.51 04-16-09 04-08 2,975.76- 04-16-09 04-08 683.39- 04-16-09 06-08 330.64- 632 STATUTORY EXPENSE DISBURSEMENT 0.00 0.00 0.00 632 STATUTORY EXPENSE DISBURSEMENT 0.00 0.00 0.00 632 STATUTORY EXPENSE DISBURSEMENT 0.00 0.00 0.00 630 ATTORNEY ADVANCE DISBURSEMENT 0.00 0.00 0.00 161 ESCROW ADVANCE 0.00 0.00 4,728.66 314 SCHOOL TAX 0.00 0.00 4,728.66- 12,813.08- NEW PRINCIPAL/ESCROW 161 ESCROW ADVANCE 0.00 0.00 2,979.00 351 HAZARD INSURANCE DISBU 0.00 0.00 2,979. 8,084. 631 PROPERTY PRESERVATION 0.00 0.00 0. 631 PROPERTY PRESERVATION 0.00 0.00 0. 631 PROPERTY PRESERVATION 0.00 0.00 0. 631 PROPERTY PRESERVATION 0.00 0.00 0. 631 PROPERTY PRESERVATION 0,00 0.00 0. 631 PROPERTY PRESERVATION 0.00 0.00 0. 152 LATE CHARGE ASSESSMENT 0.00 0.00 0. 152 LATE CHARGE ASSESSMENT 0.00 161 ESCROW 0.00 314 SCHOOL 0.00 0.00 ADVANCE 0.00 4,034.51 TAX 0.00 2,975.76- 5,105.42 - BALANCES RSEMENT 00- 42- NEW PRINCIPAL/ESCROW BALANCES DISBURSEMENT 00 DISBURSEMENT 00 DISBURSEMENT 00 DISBURSEMENT 00 DISBURSEMENT 00 DISBURSEMENT 00 00 116.18-1 LATE CHARGE FEE 0.00 116.18-1 LATE CHARGE FEE NEW PRINCIPAL/ESCROW BALANCES 314 SCHOOL TAX 0.00 0.00 683.39- 2,129.66- NEW PRINCIPAL/ESCROW BALANCES 314 SCHOOL TAX 0.00 0.00 330.64- 1,446.27- NEW PRINCIPAL/ESCROW BALANCES P4811 -45C REQ BY MLB FNMA WALTER W BRAITHWAITE LOAN NUMBER: PROCESS DUE DATE DATE LOAN ADMINISTRATION 4000 HORIZON WAY IRVING, TEXAS 75063 CUSTOMER ACCOUNT ACTIVITY STATEMENT ACTIVITY FOR PERIOD 06-01-08 - 05-04-10 TRANSACTION TRANSACTION CODE DESCRIPTION DATE 05/04/10 PAGE 03 EFFECTIVE DATE OF TRANSACTION TRANSACTION PRIN PD/ ESCROW PD/ -------------OTHER AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 04-16-09 04-07 314 SCHOOL TAX 44.72- 0.00 0.00 44.72- 1,115.63- NEW PRINCIPAL/ESCROW BALANCES 04-14-09 10-08 949.30 04-14-09 04-09 949.30- 04-09-09 00-00 800.00 04-09-09 00-00 800.00- 03-16-09 10-08 0.00 03-03-09 00-00 800.00 02-17-09 10-08 0.00 01-16-09 10-08 0.00 01-06-09 10-08 0.00 01-02-09 00-00 145.00- 01-02-09 00-00 800.00- 01-02-09 00-00 800.00 01-02-09 00-00 145.00 12-16-08 10-08 0.00 11-17-08 10-08 0.00 11-17-08 09-08 0.00 11-17-08 09-08 2,800.00 161 ESCROW ADVANCE 0.00 0.00 313 CITY TAX 0.00 949.30 0.00 949.30- 1,070.91- 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 766 MISC. REPAYMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 173 PAYMENT 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 745 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 168 ESCROW ADVANCE REPAYMENT 0.00 0.00 474.43- 173 PAYMENT 212.66 2,110.86 474.43 306,821.78 121.61- 10-16-08 09-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 09-29-08 08-08 168 ESCROW ADVANCE REPAYMENT 0.00 0.00 0.00 474.43 - NEW PRINCIPAL/ESCROW BALANCES 116.18-1 LATE CHARGE FEE 116.18-1 LATE CHARGE FEE 116.18-1 LATE CHARGE FEE 2.05 1 LATE CHARGE FEE 2.05- SUSPENSE 116.18-1 LATE CHARGE FEE 116.18-1 LATE CHARGE FEE 474.43 ADVANCE REFUND 2.05 SUSPENSE NEW PRINCIPAL/ESCROW BALANCES 116.18-1 LATE CHARGE FEE 474.43 ADVANCE REFUND P4811 -45C REQ BY MLB FNMA WALTER W BRAITHWAITE LOAN NUMBER:. LOAN ADMINISTRATION 4000 HORIZON WAY IRVING, TEXAS 75063 CUSTOMER ACCOUNT ACTIVITY STATEMENT ACTIVITY FOR PERIOD 06-01-08 - 05-04-10 PROCESS DUE TRANSACTION TRANSACTION DATE DATE CODE DESCRIPTION DATE 05/04/10 PAGE 04 EFFECTIVE DATE OF TRANSACTION TRANSACTION PRIN PD/ ESCROW PD/ OTHER AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 09-29-08 08-08 173 PAYMENT 0.00 211.21 2,112.31 474.43 307,034.44 59.6.04- 09-29-08 07-08 168 ESCROW ADVANCE REPAYMENT 0.00 0.00 0.00 474.43- 09-29-08 07-08 173 PAYMENT 0.00 209.76 2,113.76. 474.43 307,245.65 1,070.47- 09-29-08 06-08 168 ESCROW ADVANCE REPAYMENT 0.00 0.00 0.00 474.43- 09-29-08 06-08 173 PAYMENT 8,393.85 208.33 2,115.19 474.43 307,455.41 1,544.90- 09-29-08 00-00 633 MISC. F/C AND B/R EXPENSE 145.00 0.00 0.00 0.00 09-16-08 06-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 09-08-08 00-00 745 650.00 09-08-08 00-00 745 150.00 09-08-08 00-00 745 650.00- 09-08-08 00-00 745 150.00- 09-04-08 00-00 632 150.00 09-04-08 00-00 630 650.00 09-02-08 00-00 631 15.00 08-20-08 06-08 161 2,019.33 08-20-08 08-08 314 4,548.40- 08-18-08 06-08 0.00 08-07-08 00-00 15.00 08-05-08 08-08 1,844.00- 0.00 0.00 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 CORP. ADVANCE ADJUSTMENT 0.00 '0.00 0.00 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 CORP. ADVANCE ADJUSTMENT 0.00 0.00 0.00 NEW PRINCIPAL/ESCROW BALANCES 474.43 ADVANCE REFUND NEW PRINCIPAL/ESCROW BALANCES 474.43 ADVANCE REFUND NEW PRINCIPAL/ESCROW BALANCES DISBURSEMENT 116.18-1 LATE CHARGE FEE STATUTORY EXPENSE DISBURSEMENT 0.00 0.00 0.00 ATTORNEY ADVANCE DISBURSEMENT 0.00 0.00 0.00 PROPERTY PRESERVATION DISBURSEMENT 0.00 0.00 0.00 ESCROW ADVANCE 0.00 0.00 2,019.33. SCHOOL TAX 0.00 0.00 4,548.40:- 2,019.33- ,548.40-2,.019.33- NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 116.18-1 LATE CHARGE FEE 631 PROPERTY PRESERVATION DISBURSEMENT 0.00 0.00 0.00 351 HAZARD INSURANCE DISBURSEMENT 0.00 0.00 1,844.00- 2,529.07 NEW PRINCIPAL/ESCROW BALANCES P4811 -45C REQ BY MLB FNMA WALTER W BRATTT-TwnTTF. LOAN NUMBER: PROCESS DUE DATE DATE LOAN ADMINISTRATION 4000 HORIZON WAY IRVING, TEXAS 75063 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 05/04/10 PAGE 05 ACTIVITY FOR PERIOD 06-01-08 - 05-04-10 TRANSACTION TRANSACTION CODE DESCRIPTION EFFECTIVE DATE OF TRANSACTION TRANSACTION PRIN PD/ AMOUNT BALANCE ESCROW PD/ OTHER INTEREST BALANCE AMOUNT CODE/DESCRIPTION 07-16-08 06-08 152 LATE CHARGE ASSESSMENT 0 00 0.00 0.00 07-09-08 05-08 173 PAYMENT 2,914.13 206.91 2,116 61 474.43 307,663.74 4,373.07 07-09-08 05-08 173 PAYMENT 15.00 0.00 0.00 0.00 07-01-08 00-00 631 15.00 06-16-08 05-08 152 0.00 0.00 0.00 06-09-08 04-08 173 PAYMENT 2,914.13 205.50 2,118.02 474.43 307,870.65 3,898.64 06-09-08 04-08 173 PAYMENT 15.00 0.00 0.00 0.00 06-03-08 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 0.00 116.18-1 LATE CHARGE FEE 116.18 1 LATE CHARGE FEE NEW PRINCIPAL/ESCROW BALANCES 15.00 M JIT FEES PROPERTY PRESERVATION DISBURSEMENT 0.00 0.00 0.00 LATE CHARGE ASSESSMENT 0.00 116.18-1 LATE CHARGE FEE 116.18 1 LATE CHARGE FEE NEW PRINCIPAL/ESCROW BALANCES 15.00 M JIT FEES DISBURSEMENT 14811-721 FIRST TENN BANK/FIRST HORIZON HOME LOAN LOAN HISTORY Y -T -D INV 726 CAT 001 INV# 4005548645 113 12/11/07 PAGE 54455 MEMLN# WALTER. W BRAITHWAITE 62 CHELSEA LANE CARLISLE PA 17013 EMP 0 POFD 1ST MTGE PRIN 2ND MTGE PRIN ESC BAL REST ESC SUSPENSE ADV BAL REPL RES HUD BAL LC BAL INT DUE DUE DATE HUD PRT OF M 308,684.26 .00 2846.62 .00 .00 .00 .00 .00 116.18 .00 01-01-08 .00 NE 2 P & I 1ST P&I 2ND CO TAX CITY TAX HAZ INS M I P LIEN BSC A & H LIFE MISC REP RES TOT PAYMT INT RATE DT BM 2323.52 .00 .00 121.20 110.83 .00 242.40 .00 .00 0 .00 0 .00 0 .00 2797.95 .0825000 1 9 1ST ORIG MTG 2ND ORIG MTG PRIN BAL BEG INT IND CAP FLAG MTGR SSN DEF INT BAL PRIOR YR PPD INT PPD INT IND GPM CRG 309,280 0 309,280.00 210 50 9880 0.00 0.00 0 0 ASSUM-DT XFER-DEED FHA-SEC/NUM LIP PAYOFF FC -TRK -SW YE-ACQ-RPT/DATE SALE -ID EXEMPT PLGU-LN PMT -OPT CALC-METH ELOC BNKRPCY CH/DT PMT PERIOD 1098 -DET -HIST POINTS-PAID/RPTG YR SUPPR-MICR-STMT DI -NOT -RPT -YR REAS CAUS RI -HDR -SW 1ST -DUE -DT REO STAT/COMPL DT 12 .00 Y 10-07 IDE CREDIT YTD/W-H SW/W-H BALANCE TORE CREDIT YTD/W-H SW/W-H BALANCE CONSTR CD NO PURGE FLAG/YR BNKRPT STAT LAST DEF DUE .00 .00 .00 00 09-37 REC CORP ADV BAL 3RD REC CORP ADV BAL FORECL WKST CODE/REINSTATE DATE INIT. ESC STMT CODE / DATE LOSS MIT STATUS/COMPL DATE .00 .00 9 08-10-07 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CFD DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT BAL-FWD 309280.00 .00 .00 .00 .00 10-07 08-10 1 42 1 .00 309280.00- 309280.00 .00 .00 .00 .00 .00 .00 .00 1 1559.29 K BATCH 8EF EDIT-SEQ 096918 09-07 08-10 1 70 2 .00 .00 309280.00 1559.29 .00 .00 .00 .00 .00 .00 BATCH BEE EDIT-SEQ 096923 10-07 08-10 1 70 3 2982.62 .00 309280.00 .00 1423.33 1423.33 .00 .00 .00 .00 1 BATCH 8EE EDIT-SEQ 096923 10-07 10-04 1 73 1 11.00 .00 309280.00 .00 .00 1423.33 .00 .00 .00 .00 11.00 61 BATCH 80E EDIT-SEQ 194377 10-07 10-04 1 73 2 2797.95 197.22 309082.78 2126.30 474.43 1897.76 .00 .00 .00 .00 1 10-04-07 L 128.87 AA BATCH 809 EDIT-SEQ 196066 11-07 11-16 1 73 1 11.00 .00 309082.78 .00 .00 1897.76 .00 .00 .00 .00 11.00 61 BATCH 80E EDIT-SEQ 267307 11-07 11-16 1 73 2 2797.95 198.58 308884.20 2124.94 474.43 2372.19 .00 .00 .00 ".00 1 11-15-07 L 128.78 AA BATCH 809 EDIT-SEQ 275476 12-07 12-17 1 52 1 .00 .00 308884.20 .00 .00 2372.19 .00 .00 .00 .00 116.18- 11 12-07 12-28 1 73 1 15.00 .00 308884.20 .00 .00 2372.19 .00 .00 .00 .00 15.00 61 BATCH 800 EDIT-SEQ 301146 12-07 12-28 1 73 2 2797.95 199.94 308684.26 2123.58 474.43 2846.62 .00 .00 .00 .00 1 12-28-07 L 128.70 AA BATCH 808 EDII-SEQ 301851 I4811-721 LOAN -NO (CONT\D) PTR::T T1'.NN BANK/FIRST HORIZON HOME LOAN LOAN HISTORY Y -T -D INV 726 CAT 001 INV# 4005548645 T13 12/31/07 PAGE 54456 REQ -BY TOTALS 11,413.47 Y/E 7,934.11 595.74 2,846.62 .00 1,866.46 OTHER AMOUNT CODES: A=FHA-PENALTY G=SER=INTEREST-PAID TO POOL K=INT-DUE-PD P=ACCRUED-IOE/IORE U=REAPPLICATION-FEE Y=HUD-FUND B=BSC H=FES-AMT L=PD-THRU-DT R=UE -INT -AMT V=ESCROW-ADVANCE Z -RESTRICTED -ESCROW C=235 -FEE I=A -H -PD M=ADVANCE-EFF-DATE S=CR -LIFE -AMT W=SUSPENSE DI=DEFERRED-INT-BAL F=MISC J=LIFE-PD N=ADVANCE-MEMO-AMT T=ORIG-FEE-AMT X=REPLACEMENT-RESERVE AA=SER-FEE-PD AB=DEFERRED-INT-PD AC=LIFE-DEF-INT-PD AD=CHECK-NO AE=DEFERRED-INT-LTD-PD AF=LIFE-DEFERRED-INT-LTD-PD AG=SUB-CODE AJ=DEF-INT-ADJ-FLAG AK=ADV-AMT-RECD AL=TRAN-SOURCE AM=IOC-SPEC-INT-PD AN=NON-REC-CORP-ADV AP=DATE-STAMP AQ=TIME- STAMP AR=MTGR-REC-CORP-ADV AS=PREV-POSTED AT=3RD-REC=CORP-ADV AY=ADJ YE 1098 IND AZ=CHOICES-PD FEE CODES: 1=LATE-CHARGE 2=BAD-CK-FEE 3=CHG-OWNER $=ELOC-FEE 14811-721 METLIFE HOME LOANS LOAN HISTORY Y -T -D INV M40 CAT 001 INV# 4005548645 T13 12/31/09 PAGE 82241 WALTER W BRAITHWAITE EMP 0 P0F2 62 CHELSEA LN CARLISLE PA 170157912 1ST MTGE PRIN 2ND MTGE PRIN ESC BAL REST ESC SUSPENSE ADV BAL REPL RES HUD BAL LC BAL INT DUE DUE DATE HUD PRT OF M 306,821.78 .00 .00 .00 .00 12,813.08 .00 .00 1624.47 .00 10-01-08 .00 NE V P & I 1ST P&I 2ND CO TAX CITY TAX HAZ INS M I P LIEN BSC A & H LIFE MISC REP RES TOT PAYMT INT RATE DT BM 2323.52 .00 .00 121.20 110.83 .00 242.40 .00 .00 0 .00 0 .00 0 .00 2797.95 .0825000 1 9 1ST ORIG MTG 2ND ORIG MTG PRIN HAL BEG INT IND CAP FLAG MTGR SSN DEF INT BAL PRIOR YR PPD INT PPD INT IND GPM ORG 309,280 0 306,821.78 210 50 9880 0.00 0.00 0 0 ASSUM-DT XFER-DEED FHA-SEC/NUM LIP PAYOFF FC -TRK -SW YE-ACQ-RPT/DATE SALE -ID EXEMPT PLGD-LN PMT -OPT CALC-METH ELOC BNKRPCY CH/DT FTB090108 PMT PERIOD 1098 -DET -HIST POINTS-PAID/RPTG YR SUPPR-MICR-STMT DI -NOT -RPT -YR REAS CAUS RI -HDR -SW 1ST -DUE -DT REO STAT/COMPL DT 12 .00 Y 10-07 IOE CREDIT YTD/W-H SW/W-H BALANCE TORE CREDIT YTD/W-H SW/W-H BALANCE CONSTR CD NO PURGE FLAG/YR BNKRPT STAT LAST DEF DUE .00 .00 .00 .00 09-37 REC CORP ADV BAL 3RD REC CORP ADV BAL FORECL WKST CODE/REINSTATE DATE INIT ESC STMT CODE / DATE LOSS MIT STATUS/COMPL DATE 972.90 .00 A 9 08-10-07 DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CFO PAID PAID DATE DATE TR NO RECEIVED PAID BALANCE BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS OCT BAL-FWD 306821.78 .00 121.61 .00 .00 00-00 01-02 7 45 1 145.00 PROCES SLE REASON FEE7 FEE CODE 7 CORP:SEQ PAYEE 77N14 ORIG PAY 145.00 AN CHECK # 00-00 01-02 7 45 2 800.00 PROCES SLE REASON BKCO BK CHARGE OFF CORP:SEQ PAYEE 77N33 ORIG PAY 800.00 AN CHECK # 00-00 01-02 7 45 3 800.00-PROCES SLE REASON BKCO BK CHARGE OFF CORP:SEQ PAYEE 77011 ORIG PAY 800.00 -AR CHECK # 00-00 01-02 7 45 4 145.00-PROCES SLE REASON FEE7 FEE CODE 7 CORP:SEQ PAYEE 77R11 ORIG PAY CHECK # 145.00 -AR 10-08 01-06 1 73 1 .00 .00 306821.78 .00 .00 .00 121.61 .00 .00 .00 2.05 11 2.05-W BATCH BBX EDIT-SEQ 007667 10-08 01-16 1 52 1 .00 .00 306821.78 .00 .00 .00 121.61 .00 .00 .00 116.18- 11 10-08 02-17 1 52 1 .00 .00 306821.78 .00 .00 .00 121.61 .00 .00 .00 116.18- 11. 00-00 03-03 7 66 1 800.00 PROCES SOI REASON BKCO BIC CHGR OFF CORP:SEQ PAYEE 77R11 ORIG PAY 800.00 AR CHECK # 10-08 03-16 1 52 1 .00 .00 306821.78 .00 .00 .00 121.61 .00 .00 .00 116.18- 11 00-00 04-09 7 45 1 800.00-PROCES SLE REASON MISC RECLASS CORP:SEQ PAYEE 77N33 ORIG PAY 800.00 -AN CHECK 0 CORP:SEQ800.00 AR 00-00 04-09 7 45 2 800.00 PROCES SLE REASON MISC RECLASS PAYEE 77011 ORIG PAY CHECK 8 04-09 04-14 3 13 1 CHECK 0231930 949.30- 949.30- PAYEE CD 370412560 10-08 04-14 1 61 2 949.30 .00 306821.78 .00 949.30 .00 1070.91 .00 .00 .00 04-07 04-16 3 14 1 CHECK 0235395 44.72- 44.72- PAYEE CD 370419999 06-08 04-16 3 14 2 CHECK #235395 330.64- 375.36- PAYEE CD 370419999 04-08 04-16 3 14 3 CHECK #235395 683.39- 1058.75- PAYEE CD 370419999 04-08 04-16 3 14 4 CHECK #235395 2975.76- 4034.51- PAYEE CD 370419999 10-08 04-16 1 61 5 4034,51 .00 306821.78 .00 4034.51 .00 5105.42 .00 .00 .00 1 10-08 04-16 1 52 6 .00 .00 306821.78 .00 .00 .00 5105.42 .00 .00 .00 116.18- 11 10-08 05-18 1 52 1 .00 .00 306821.78 .00 .00 .00 5105.42 .00 .00 .00 116.18- 11 I4811-721 ME'TLIFE HOME LOANS LOAN -NO (CONT\D) LN# DUE DATE 00-00 IMMO PROC TP SQ DATE TR NO 05-28 6 31' 1 00-00 05-28 6 31 2 10-06 05-28 6 31 3 00-00 05-28 6 31 4 00-00 05-28 6 31 5 00-00 06-26 6 31 1 08-09 08-01 3 51 1 10-08 08-04 1 61 2 08-09 08-17 3 14 1 10-08 08-17 1 61 2 00-00 09-01 6 30 1 00-00 09-01 6 32 00-00 09-01 6 32 00-00 09-01 6 32 00-00 12-10 7 10 2 3 4 1 WALTER W BRAITHWAITE AMOUNT PRINCIPAL RECEIVED PAID .00 PROCES SAF CHECK #287663 .00 PROCES SAF CHECK #287663 .00 PROCES SAF CHECK #287663 .00 PROCES SAF CHECK #287663 .00 PROCES SAF CHECK #28766.3 .00 PROCES SAF CHECK 4322810 CHECK #368484 2979.00 .00 CHECK #382610 4728.66 .00 .00 PROCES N6R -CHECK 4409472 .00 PROCES N6R CHECK #409510 .00 PROCES N6R CHECK #409510 .00 PROCES N6R CHECK #409510 45.60 PROCES SOJ CHECK # REQ -BY TOTALS 12;691.47 Y/E .00 OTHER AMOUNT CODES: A=FHA-PENALTY G=SER=INTEREST-PAID TO B=BSC H=PEE-AMT C=235 -FEE I=A -H -PD F=MISC J=LIFE-PD AA=SER-FEE-PD AB=DEFERRED-INT-PD AG -SUB -CODE AJ=DEE'-INT-ADJ-FLAG AK=ADV- 9 STAMP AR-MTGR-REC-CORP-ADV AS=PREV-POSTED FEE CODES: 1.LATE-CHARGE 2=BAD-CK-FEE • LOAN HISTORY Y -T -D INV M40 CAT 001 INV# 4005548645 T13 12/31/09 PAGE 82242 PRINCIPAL INTEREST ESCROW BALANCE PAID PAID REASON INSP PROP INSPECTION REASON INSP REASON INSP REASON INSP REASON INSP REASON INSP PROP PROP PROP PROP PROP INSPECTION INSPECTION INSPECTION INSPECTION INSPECTION 2979.00- 306821.78 00 2979.00 4728.66- 306821.78 .00 4728.66 REASON ATTY ATTORNEY FEES REASON REASON REASON REASON FILE FILING FEE FSRV SERVICE TTSE TITLE SEARCH ATTR ATTORNEY REFUND .00 12,691.17 ESCROW ADVANCE STATUS BALANCE BALANCE AMOUNT CORP:SEQ PAYEE 77N28 CORP:SEQ. CORP:SEQ CORP:SEQ CORP:SEQ CORP:SEQ PAYEE 77N28 PAYEE 77N28 PAYEE 77N28 PAYEE 77N28 PAYEE 77N27 STATUS BALANCE ORIG PAY ORIG PAY ORIG PAY ORIG PAY EMP 0 POF2 UNEARNED OTHER CFD INT-BAL. AMOUNTS DCT FC009798 15.00 AN , FC009798 FC009798 FC009798 ORIG PAY FC009798 ORIG PAY FC009798 15.00 AN 15.00 AN 15.06 AN 15.00 AN 15.00 AN 2979.00- PAYEE CD 92967 .00 8084.42 .00 .00 .00 1 4728.66- PAYEE CD 370411560 .00 12813.08 .00 .00 .00 1 CORP:SEQ PAYEE 77806 ORIG PAY FC000654 625.00 AR CORP:SEQ CORP:SEQ CORP:SEQ CORP:SEQ PAYEE 77R06 PAYEE 77R06 PAYEE 77006 PAYEE 77006 .00 ORIG PAY FC000654 ORIG PAY FC000654 ORIG PAY 00000654 ORIG PAY POOL K=INT-DUE-PD P=ACCRUED-IOE/IORE U=REAPPLICATION-FEE Y=HUD-FUND L=PD-THRU-DT R=UE -INT -AMT V=ESCROW-ADVANCE Z=RESTRICTED-ESCROW M=ADVAN'C'E-EFF-DAZE S=CR -LIFE -AMT W=SUSPENSE DI=DEFERRED-INT-BAL N=ADVANCE-MEMO-AMT T=ORIG-FEE-AM; X -REPLACEMENT -RESERVE, AC=LIFE-DEF-INT-PD AD -CHECK -NO AE=DEFERRED-INT-LTD-PD AF=LIFE-DEFERRED-INT-LTD-PD AMT -RECD AL-TRAN-SOURCE AM-IOC-SPEC-LNT-PD AN-NON-REC-CORP-ADV AP -DATE -STAMP AQ=TIME AT-3RD-REC=CORP-ADV AY=ADJ YE 1098 IND AZ=CHOICES-PD 3=CHG-OWNER $-ELOC-FEE 78.50 AR 115.00 AR. 200.00 AR 45.60 AR 1,373.20 14811-721 METLIFE HOME LOANS LOAN HISTORY Y -T -D INV M40 CAT 001 INV# 4005548645 113 12/31/08 PAGE 60028 LN# IIIIIIIIIIII WALTER W BRAITHWAITE 1ST MTGE PRIN 2ND MTGE PRIN ESC BAL 306,821.78 .00 .00 P & I 1ST P&I 2ND 2323.52 .00 REST ESC .00 CO TAX CITY TAX HAZ INS .00 121.20 110.83 1ST ORIG MTG 2ND ORIG MTG 309,280 0 62 CHELSEA LN SUSPENSE ADV BAL 2.05 121.61 CARLISLE REPL RES HUD BAL .00 .00 M I P LIEN BSC A& H .00 242.40 .00 .00 0 LC BAL 1045.62 EMP 0 20E0 PA 170157912 INT DUE DUE DATE HUD PRT OF M .00 10-01-08 .00 NE 8. LIFE MISC REP RES TOT PAYMT INT RATE DT BM .00 0 .00 0 .00 2797.95 .0825000 1 9 PRIN BAL BEG INT IND CAP FLAG MTGR SSN DEF INT BAL 210 50 9880 0.00 308,684.26 PRIOR YR PPD INT PPD INT INC GPM ORG 0.00 0 0 ASS' -DT XEER-DEED FHA-SEC/NUM LIP PAYOFF FC -TRK -SW YE-ACQ-RPT/DATE SALE -ID EXEMPT PLGD-LN PMT -OPT CALL -METH FLOC BNK� COSCH/DT F70090108 PMT PERIOD 1098 -DET -HIST POINTS-PAID/RPTG YR SUPPR-MICR-STMT DI -NOT -RPT -YR REAS CAUS RI -HDR -SW 1ST-DUE16--DT REO STAT/COMPL DT 12 .00 Y IOE CREDIT YTD/W-H SW/W-H BALANCE .00 .00 REC CORP ADV BAL 945.00 DUE PROC TP SQ DATE DATE TR NO BAL-FWD 01-08 01-16 1 52 1 01-08 02-11 1 73 1 01-08 02-11 1 73 2 IORE CREDIT YTD/W-H SW/W-H BALANCE CONSTR CD NO PURGE FLAG/YR .00 .00 BNKRPT STAT LAST DEF DUE A 09-37 3RD REC CORP ADV BAL FORECL WKST CODE/REINSTATE DATE INIT ESC STMT CODE / DATE LOSS MIT STATUS/COiMPL DATE 9 08-10-07 02-08 02-18 1 52 1 02-08 03-17 1 73 1 02-08 03-17 1 73 2 03-08 03-17 1 52 04-08 04-15 3 13 03-08 04-17 1 52 03-08 04-22 1 32 AMOUNT RECEIVED .00 15.00 2914.13 .00 PRINCIPAL PRINCIPAL INTEREST PAID BALANCE PAID 308684.26 .00 308684.26 .00 308684.26 ESCROW ESCROW ADVANCE STATUS PAID BALANCE BALANCE AMOUNT 2846.62 .00 .00 .00 2846.62 .00 .00 .00 .00 2846.62 .00 .00 BATCH 80E 201.32 308482.94 2122.20 474.43 3321.05 .00 .00 STATUS UNEARNED OTHER CFD BALANCE INT-BAL. AMOUNTS DOT .00 .00 .00 .00 116.18- 11 .00 .00 15.00 81 EDIT-SEQ 101372 .00 .00 116.18 11 02-11-08 L 128.62 AA • BATCH 809 .00 .00 308482.94 .00 .00 3321.05 .00 .00 15.00 .00 308482.94 .00 .00 3321.05 .00 .00 BATCH 80E 2914.13 202.70 308280.24 2120.82 474.43 3795.48 .00 .00 3 .00 .00 1 CHECK #776810 1 .00 .00 1 .00 .00 03-08 04-22 1 73 -2 03-08 04-22 1 73 3 04-08 05-16 1 52 1 00-00 06-03 6 31 1 04-08 06-09 1 73 1 15.00 308280.24 .00 .00 3795.48 .00 845.70- 2949.78 308280.24 .00 .00 2949.78 .00 308280.24 .00 .00 2949.78 .00 .00 308280.24 .00 .00 2949.78 .00 2914.13 204.09 308076.15 2119.43 474.43 3424.21 .00 .00 .00 308076.15 .00 .00 .00 PROCES SAF REASON INSP PROP INSPECTION CHECK #838267 15.00 .00 308076.15 3424.21 CORP:SEQ .00 .00 3424.21 EDIT-SEQ 105462 .00 .00 116.18- 11 .00 .00 15.00 81 EDIT-SEQ 219074 .00 .00 BATCH 809 EDIT-SEQ 219529 .00 .00 .00 PAYEE CD 370412560 .00 .00 .00 .00 .00 .00 BATCH SQG EDIT-SEQ 048775 .00 .00 .00 BATCH 80D EDIT-SEQ 063915 .00 .00 .00 BATCH 808 EDIT-SEQ 064634 .00 .00 .00 .00 PAYEE 88N72 ORIG PAY FC009798 .00 .00 .00 .00 116.18 11 03-17-08 L 128.53 AA 116.18- 11 116.18- 11 116.18-811 15.00 81 116.18 11 04-22-00 L 128.45 AA 116.18- 11 15.00 AN 15.00 M1 I4811-721 LOAN -NO (CONT\D) LN# DUE PROC TP SQ DATE DATE TR NO 04-08 06-09 1 73 2 05-08 06-16 1 52 1 00-00 07-01 6 31 1 05-08 07-09 1 73 1 05-08 07-09 1 73 2 06-08 07-16 1 52 1 08-08 08-05 3 51 1 00-00 08-07 6 31 1 06-08 08-18 1 52 1 08-08 08-20 3 14 1 06-08 08-20 1 61 2 00-00 09-02 6 31 1 00-00 09-04 6 30 1 00-00 09-04 6 32 2 00-00 09-08 7 45 1 00-00 09-08 7 45 2 00-00 09-08 7 45 3 00-00 09-08 7 45 4 06-08 09-16 1 52 1 00-00 09-29 6 33 1 06-08 09-29 1 73 2 06-08 09-29 1 68 3 07-08 09-29 1 73 4 07-08 09-29 1 68 5 METLIFE HOME LOANS WALTER W BRAITHWAITE AMOUNT PRINCIPAL RECEIVED PAID 2914.13 205.50 .00 .00 .00 PROCES SAF CHECK #866959 15.00 .00 2914.13 206.91 .00 .00 CHECK #904088 .00 PROCES SAF CHECK #907060 .00 .00 CHECK #917816 2019.33 .00 .00 PROLES SAF CHECK #935649 .00 PROLES N6R CHECK #937688 .00 PROCES N6R CHECK #937726 150.00-PROCES UPV CHECK # 650.00-PROCES UPV CHECK # 150.00 PROCES UPV CHECK # 650.00 PROCES UPV CHECK # .00 .00 .00 PROLES N6R CHECK #963185 8393.85 208.33 PRINCIPAL INTEREST BALANCE PAID LOAN HISTORY Y -T -D INV M40 CAT 001 INV# 4005548645 T13 12/31/08 PAGE 60029 ESCROW PAID 307870.65 2118.02 474.43 307870.65 .00 .00 REASON INSP PROP INSPECTION EMP 0 POFD ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CFD BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT BATCH 80B EDIT-SEQ 512187 3898.64 .00 .00 .00 .00 116.18 11 06-09-08 L 128.36 AA BATCH 806 EDIT-SEQ 515175 3898.64 .00 .00 .00 .00 116.18- 11 CORP:SEQ PAYEE 88N72 ORIG PAY F0009798 15.00 AN 307870.65 .00 .00 3898.64 .00 .00 BATCH 800 307663.74 2116.61 474.43 4373.07 .00 .00 307663.74 .00 .00 1844.00 - REASON INSP PROP INSPECTION 307663.74 .00 .00 4548.40- 3076663.74 .00 2019.33 REASON INSP PROP INSPECTION REASON BNKF BANKRUPTCY FEES REASON BFIL FILING FEE -BK REASON BFIL N6R CORRECTION REASON BNKF N6R CORRECTION REASON BFIL N6R CORRECTION REASON BNKF N6R CORRECTION .00 .00 15.00 M1 EDIT-SEQ 101784 .00 .00 116.18 1.1 07-09-08 L 128.28 AA BATCH 808 EDIT-SEQ 102192 4373.07 .00 .00 .00 .00 116.18- 11 2529.07 PAYEE CD 92967 CORP:SEQ PAYEE 88N72 ORIG PAY FC009798 15.00 AN 2529.07 .00 .00 .00 .00 116.18- 11 2019.33- PAYEE CD 370411560 .00 2019.33 .00 .00 .00 1 CORP:SEQ PAYEE 88N72 ORIG PAY FC009798 15.00 AN CORP:SEQ PAYEE 29R46 ORIG PAY FC000654 650.00 AR CORP:SEQ PAYEE 29R46 ORIG PAY F0000654 150.00 AR CORP:SEQ PAYEE 29R46 ORIG PAY 150.00 -AR CORP:SEQ PAYEE 29R46 ORIG PAY 650.00 -AR CORP:SEQ PAYEE 77R06 ORIG PAY 150.00 AR CORP:SEQ PAYEE 77R06 ORIG PAY 650.00 AR 307663.74 .00 .00 .00 2019.33 REASON APPR APPRAISAL FEES CORP:SEQ PAYEE 307455.41 2115.19 474.43 474.43 2019.33 .00 .00 307455.41 .00 474.43- .00 1544.90 .00 209.76 307245.65 2113.76 474.43 474.43 1544.90 .00 .00 307245.65 .00 474.43- .00 1070.47 .00 .00 .00 116.18- 11 77R06 ORIG PAY F0009560 145.00 AR .00 .00 .00 1 09-29-08 L 128.19 AA BATCH BBO EDIT-SEQ 124824 .00 .00 .00 1 474.43 V BATCH BBO EDIT-SEQ 124824 .00 .00 .00 1 09-29-08 L 128.1]. AA BATCH BBO EDIT-SEQ 124824 .00 .00 .00 1 474.43 V BATCH BBO EDIT-SEQ 124824 I4811-721 METLIFE HOME LOANS LOAN HISTORY Y -T -D INV M40 CAT 001 INV# 4005548645 T13 12/31/08 LOAN -NO (CONT\Dy PAGE 60030 LN# WALTER W BRAITHWAITE EMP 0 POFD DUE PROC TP SQ AMOUNT PRINCIPAL PRINCIPAL INTEREST ESCROW ESCROW ADVANCE STATUS STATUS UNEARNED OTHER CFD DATE DATE TR NO RECEIVED PAID BALANCE PAID PAID BALANCE BALANCE AMOUNT BALANCE INT-BAL. AMOUNTS DCT 08-08 09-29 1 73 6 .00 211.21 307034.44 2112.31 474.43 474.43 1070.47 .00 .00 .00 1 09-29-08 L 128.02 AA BATCH BBO EDIT-SEQ 124824 08-08 09-29 1 68 7 .00 .00 307034.44 .00 474.43- .00 596.04 .00 .00 .00 1 474.43 V BATCH BBO EDIT-SEQ 124824 09-08 10-16 1 52 1 .00 .00 307034.44 .00 .00 .00 596.04 .00 .00 .00 116.18- 11 09-08 11-17 1 73 1 2800.00 212.66 306821.78 2110.86 474.43 474.43 596.04 .00 .00 .00 1 2.05 W 11-17-08 L 127.93 AA BATCH BBO EDIT-SEQ 006206 ACTION 0801 09-08 11-17 1 68 2 .00 .00 306821.78 .00 474.43- .00 121.61 .00 .00 .00 1 474.43 V BATCH BBO EDIT-SEQ 006206 ACTION 0801 10-08 11-17 1 52 3 .00 .00 306821.78 .00 .00 .00 121.61 .00 .00 .00 116.18- 11 10-08 12-16 1 52 1 .00 .00 306821.78 .00 .00 .00 121.61 .00 .00 .00 116.18- 11 REQ -BY TOTALS 27,858.83 19,049.20 .00 3,204.82 Y/E 1,862.48 4,391.48 OTHER AMOUNT CODES: A=FHA-PENALTY G=SER=INTEREST-PAID TO POOL K=INT-DUE-PD P=ACCRUED-IOE/IORE U=REAPPLICATION-FEE Y=HUD-FUND B=BSC H=FEE-AMT L=PD-THRU-DT R=UE -INT -AMT V=ESCROW-ADVANCE Z=RESTRICTED-ESCROW C=235 -FEE I=A -H -PD M=ADVANCE-EFF-DATE S=CR -LIFE -AMT W=SUSPENSE DI=DEFERRED-INT-BAL F=MISC J=LIFE-PD N=ADVANCE-MEMO-AMT T=ORIG-FEE-AMT X=REPLACEMENT-RESERVE AA=SER-FEE-PD AB=DEFERRED-INT-PD AC=LIFE-DEF-INT-PD AD -CHECK -NO AE=DEFERRED-INT-LTD-PD AF=LIFE-DEFERRED-INT-LTD-PD AG=SUB-CODE AJ=DEF-INT-ADJ-FLAG AK=ADV-AMT-RECD AL=TRAN-SOURCE AM=IOC-SPEC-INT-PD AN=NON-REC-CORP-ADV AP=DATE-STAMP AQ=TIME- STAMP AR=MTGR-REC-CORP-ADV AS=PREV-POSTED AT=3RD-REC=CORP-ADV AY=ADJ YE 1098 IND AZ=CHOICES-PD FEE CODES: 1=LATE-CHARGE 2=BAD-CK-FEE 3=CHG-OWNER $=ELOC-FEE Loan# PAYMENT HISTORY BRAITHWAITE, WALTER W Investor ID Portfolio Status Foreclosure Pool 2001 Next Due Date 11/1/2011 Service Start/Transfer Date applied suspense amt BK Pst Pet Next Due LOAN . UPB $380,597.09 Escrow Advance $16,299.74 Total Corp Adv $1,902.30 Total Prior Servicer Adv $0.00 Total Unpaid Prin and Int $113,450.62 Lien Position 1 Commitment # 10/1/2011 Loan#: 7949426 acct type application method application type charge due date charge paid date actual posting date total paid amt applied principle amt applied interest amt applied suspense amt applied charges amt LOAN . REGULAR PAYMENT LOAN INSTALLMENT 9/1/2011 12/9/2011 12/9/2011 $1,337.74 $701.07 $636.67 $0.00 $0.00 LOAN REGULAR PAYMENT LOAN INSTALLMENT 10/1/2011 12/9/2011 12/9/2011 $1,337.74 $702.24 $635.50 $0.00 $0.00 LOAN REGULAR PAYMENT LOAN INSTALLMENT 7/1/2011 • 9/16/201.1 9/16/2011 $1,337.74 $698.74 $639.00 $0.00 $0.00 LOAN REGULAR PAYMENT LOAN INSTALLMENT 8/1/2011 9/16/2011 9/16/2011 .$1,337.74: $699.91 $637.83 ' $0.00 $0.00 LOAN REGULAR PAYMENT LATE CHARGE 5/16/2011 7/28/2011 7/28/2011 . $0.32 $0.00 $0.00 $0.00 $0.32 LOAN REGULAR PAYMENT SUSPENSE 7/28/2011 • ($0.32) $0.00 $0.00 ($0.32) $0.00 LOAN REGULAR PAYMENT • LOAN INSTALLMENT 6/1/2011 _. 7/27/2011 7/27/2011. $1,337.74 $697.58 $640.16 $0.00 $0.00 LOAN REGULAR PAYMENT REPPAY . 7/27/2011 7/27/2011 7/27/2011 $10.00 $0.00 $0.00 $0.00 $10.00 LOAN REGULAR PAYMENT SUSPENSE 7/27/2011 $0.32 $0.00 $0.00 $0.32 • - $0.00 LOAN REGULAR PAYMENT LOAN INSTALLMENT 5/1/2011 6/10/2011 6/10/2011 $1,337.74 $696.42 $641.32 $0.00 $0.00 LOAN REGULAR PAYMENT REPPAY 6/10/2011 6/10/2011 6/10/2011 $10.00 $0.00 $0.00 $0.00 $10.00 LOAN REGULAR PAYMENT LATE CHARGE 5/16/2011 5/20/2011 5/20/2011 $0.82 $0.00 $0.00 $0.00 $0.82 LOAN REGULAR PAYMENT SUSPENSE 5/20/2011 ($0.82) $0.00 $0.00 ($0.82) $0.00 Page 1 of 3 Seterus, Inc. Wednesday, September 11, 2013 11:41:43 AM Loan#: acct type application method application type charge due date charge paid date actual posting date total paid amt applied principle amt applied interest amt applied suspense amt applied charges amt LOAN NON-CASH ADDITIONAL PRINCIPAL 5/4/2011 ($1,401.90) ($1,401.90) $0.00 $0.00 $0.00 LOAN NON-CASH ADDITIONAL PRINCIPAL 5/4/2011 $60,489.17 $0.00 $60,489.17 $0.00 $0.00 LOAN NON-CASH ADDITIONAL PRINCIPAL 5/4/2011 ($60,489.17) ($60,489.17) $0.00 ' $0.00 $0.00 LOAN NON-CASH ADDITIONAL PRINCIPAL 5/4/2011 ($16,989.58) ($16,989.58) $0.00 $0.00 $0.00 LOAN NON-CASH BPOs 6/29/2010 5/4/2011 5/4/2011 $90.00 $0.00 $0.00 $0.00 $90.00 LOAN NON-CASH LEGAL FEES F/C 9/1/2009 5/4/2011 5/4/2011 $625.00 $0.00 $0.00 $0.00 $625.00 LOAN NON-CASH LEGAL FEES F/C 4/21/2010 5/4/2011 5/4/2011 $75.00 $0.00 $0.00 $0.00 $75.00 LOAN NON-CASH LEGAL POSTING COSTS 4/9/2009 5/4/2011 5/4/2011 $99.40 $0.00 $0.00 $0.00 $99.40 LOAN NON-CASH LEGAL POSTING COSTS 9/1/2009 5/4/2011 5/4/2011 $78.50 $0.00 $0.00 $0.00 $78.50 LOAN NON-CASH PROPERTY INSPECTIONS 6/28/2010 5/4/2011 5/4/2011 $11.00 $0.00 $0.00 $0.00 $11.00 LOAN NON-CASH PROPERTY INSPECTIONS 8/27/2010 5/4/2011 5/4/2011 $11.00 $0.00 $0.00 $0.00 $11.00 LOAN NON-CASH PROPERTY INSPECTIONS 9/17/2010 5/4/2011 5/4/2011 $15.00 $0.00 $0.00 $0.00 $15.00 LOAN NON-CASH PROPERTY INSPECTIONS 10/21/2010 5/4/2011 5/4/2011 $15.00 $0.00 $0.00 $0.00 $15.00 LOAN NON-CASH PROPERTY INSPECTIONS 11/18/2010 5/4/2011 5/4/2011 $15.00 $0.00 $0.00 $0.00 $15.00 LOAN NON-CASH PROPERTY INSPECTIONS 6/1/2009 5/4/2011 5/4/2011 $15.00 $0.00 $0.00 $0.00 $15.00 LOAN NON-CASH PUBLICATION NOTICE C 9/1/2009 5/4/2011 5/4/2011 $115.00 $0.00 $0.00 $0.00 $115.00 LOAN NON-CASH RECORDATION COSTS NO 4/21/2010 5/4/2011 5/4/2011 $37.00 $0.00 $0.00 $0.00 $37.00 LOAN NON-CASH TITLE SERVICES WORK 9/1/2009 5/4/2011 5/4/2011 $200.00 $0.00 $0.00 $0.00 $200.00 LOAN REGULAR PAYMENT LOAN INSTALLMENT 4/1/2011 5/4/2011 5/4/2011 $1,337.74 $695.26 $642.48 $0.00 $0.00 LOAN REGULAR PAYMENT SUSPENSE 5/4/2011 ($2,082.68) $0.00 $0.00 ($2,082.68) $0.00 LOAN SUSPENSE ADJUSTMENT SUSPENSE 5/4/2011 ($2,016.75) $0.00 $0.00 ($2,016.75) $0.00 LOAN REGULAR PAYMENT REPPAY 4/14/2011 4/14/2011 4/14/2011 $10.00 $0.00 $0.00 $0.00 $10.00 LOAN REGULAR PAYMENT - SUSPENSE 4/14/2011 $2,093.50 $0.00 $0.00 $2,093.50 $0.00 LOAN REGULAR PAYMENT SUSPENSE 4/14/2011 ($10.00) $0.00 $0.00 ($10.00) $0.00 LOAN REGULAR PAYMENT REPPAY 3/7/2011 3/7/2011 3/7/2011 $10.00 $0.00 $0.00 $0.00 $10.00 LOAN REGULAR PAYMENT SUSPENSE 3/7/2011 $1,609.07 $0.00 $0.00 $1,609.07 $0.00 LOAN REGULAR PAYMENT LOAN INSTALLMENT 10/1/2008 1/25/2011 1/25/2011 $2,323.52 $214.12 $2,109.40 $0.00 $0.00 LOAN REGULAR PAYMENT SUSPENSE 1/25/2011 ($957.92) $0.00 $0.00 ($957.92) $0.00 LOAN REGULAR PAYMENT SUSPENSE 1/5/2011 $1,365.60 $0.00 $0.00 $1,365.60 $0.00 ESCROW ESCROW - TAXES CARLISLE SD/DICKINSON TWP-TAX 8/21/2013 ($4,817.86) ($4,817.86) $0.00 $0.00 $0.00 Page 2 of 3 Seterus, Inc. Wednesday, September 11, 2013 11:41:43 AM Loant acct type application method application type charge due date charge paid date actual posting date total paid amt applied principle amt applied interest amt applied suspense amt applied charges amt ESCROW ESCROW - INSURANCE QBE FIRST HAZARD INS AGENCY IN 6/26/2013 ($1,509.12 ) ($1,509.12) $0.00 $0.00 $0.00 ESCROW ESCROW - TAXES • DICKINSON TOWNSHIP -TAX 4/17/2013 ($901.22) ($901.22) $0.00 $0.00 $0.00 ESCROW ESCROW - TAXES LERETA LLC -TAX 9/4/2012 ($4,600.97) ($4,600.97) $0.00 $0.00 $0.00 ESCROW ESCROW - TAXES DICKINSON TOWNSHIP -TAX 4/12/2012 ($813.69) ($813.69) $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 10/1/2011 12/9/2011 12/9/2011 $723.73 $723.73 $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 9/1/2011 12/9/2011 12/9/2011 . $723.73 $723.73 $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 7/1/2011 9/16/2011 9/16/2011 $723.73 $723.73 $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 8/1/2011 9/16/2011 9/16/2011 $723.73 $723.73 $0.00 $0.00 $0.00 ESCROW ESCROW - TAXES CARLISLE SD/DICKINSON TWP-TAX 8/22/2011 ($4,559.93 ) ($4,559.93) $0.00 $0.00 $0.00 ESCROW ESCROW - INSURANCE WESTFIELD INS -INS 8/2/2011 ($1,664.00) ($1,664.00) $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 6/1/2011 7/27/2011 7/27/2011 $744.94 $744.94 $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 5/1/2011 6/10/2011 6/10/2011 $744.94 $744.94 $0.00 $0.00 $0.00 ESCROW NON-CASH ESCROW ' 5/4/2011 $16,989.58 $16,989.58 $0.00 $0.00 $0.00 ESCROW PRINCIPAL ADJUSTMENT ESCROW 5/4/2011 $2,016.75 $2,016.75 $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 4/1/2011 5/4/2011 5/4/2011 $744.94 $744.94 $0.00 $0.00 $0.00 ESCROW ESCROW - TAXES DICKINSON TOWNSHIP -TAX 4/21/2011 ($813.69) ($813.69) $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 10/1/2008 3/7/2011 3/7/2011 $474.43 $474.43 $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 1/25/2011 $717.90 $717.90 $0.00 $0.00 $0.00 ESCROW REGULAR PAYMENT ESCROW 1/5/2011 $717.90 $717.90 $0.00 $0.00 $0.00 ESCROW ESCROW - TAXES CARLISLE SD/DICKINSON TWP-TAX 8/19/2010 ($4,902.44) ($4,902.44) $0.00 $0.00 $0.00 ESCROW ESCROW - INSURANCE WESTFIELD INS -INS 8/6/2010 ($1,863.00) ($1,863.00) $0.00 ' $0.00 $0.00 ESCROW ESCROW - INSURANCE WESTFIELD INS -INS 6/2/2010 ($388.74) ($388.74) $0.00 $0.00 $0.00 Page 3 of 3 Seterus, Inc. Wednesday, September 11, 2013 11:41:43 AM PRAECIPE FOR RE -LISTING CASE FOR ARGUMENT TO PROTHONOTARY OF CUMBERLAND COUNTY Please list the matter for the , Argument Court. FANNIE MAE ("FEDERAL NATIONAL Court of Common Pleas MORTGAGE ASSOCIATION") 3900 WISCONSIN AVENUE NW Civil Division WASHINGTON, D.C. 20016, Plaintiff CUMBERLAND County vs. No. 13-1131 WALTER W. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940 MARIA A. BRAITHWAITE 8664 HENSINGERSVILLE RD MACUNGIE, PA 18062-2062 and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754, Defendants State matter to be argued (ie, plaintiff's motion for new trial, defendant's demurrer to complaint, etc): Plaintiff s Motion for Summary Judgment. 2. Identify counsel who will argue case: (a) For Plaintiff: Joseph A. Dessoye, Esquire Address: 126 Locust Street Harrisburg, PA 17101 PH#793536 411. 75-p 0#1q737714 ee313,100 (b) For Defendant: Address: Walter W. Braithwaite, Pro Se 7219 Via Abruzzi Lake Worth, FL 33467-6940 Maria A: Braithwaite, Pro Se 8664 Hensingersville Road Macungie, PA 18602-2062 3. I will notify all parties in writing within two (2) days that this case has been listed for argument. 4. Argument Court Date: DAIE: BY Jos firA-- . Dessoye, Esquire Atto ey for Plaintiff PH#793536 LAW OFFICES OF MICHAEL P. FORBES P.C. MICHAEL P. FORBES, ESQUIRE 200 Eagle Road Suite 220 Wayne, Pa 19087 (610) 293-9399 Atty. I.D. No. 55767 Attorney for Defendant Walter W. Braithwaite COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA , \ FANNIE MAE (FEDERAL NATIONAL MORTGAGE ^C -.-. '^ ASSOCIATION) ;-. •\ c' Plaintiff : CIVIL DIVISION `fir r....) `^ VS. WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE Defendants : NO: 13-1131 DEFENDANT WALTER W. BRAITHWAITE'S ANSWER AND CROSS- MOTION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1. Denied. On thecontrary, there are several issues of material fact including but not limited to the following: 1.) Contrary to Plaintiff's allegations, Plaintiff cannot proceed in this action in that it has failed to provide any evidence that it is the lawful Note Holder. This is principally because the Note is not endorsed and Plaintiff, an alleged assignee, cannot show any chain of title of the Note or entitlement in it. Therefore,not only is there a genuine issue of material fact which precludes Summary Judgment for Plaintiff but, conversely, the same argument entitles Defendant to Summary Judgment. 2.) The Loan history is based upon inadmissible hearsay due to the fact that Plaintiff's" affiant, is attempting to authenticate the records of, at least, two prior loan servicers, Metlife and First Horizon Home Loans which is not permitted under the seminal decision of Commonwealth Financial Systems v. Larry Smith., 2011 WL 489704. Moreover, the Affidavit is defective in that the Affiant fails to aver he is competent and, as shown, by the account histories, which predate the alleged default, cannot and does not have personal knowledge of the account. See - Plaintiffs Affidavit, attached hereto as Exhibit "A". 3.) Defendant properly denied the allegation that the mortgage was in default. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted only that Walter and Maria A. Braithwaite executed a mortgage. It is denied that Maria A. Braithwaite executed a Promissory Note promising to repay the loan on a monthly basis. It is further admitted that the Note attached as Exhibit Al is the Promissory Note. The remainder of the allegation is denied in that After reasonable investigation, answering Defendant denies the corresponding allegation in that Defendant is without knowledge or information to form a belief as to the truth or falsity of Plaintiff's allegation and strict proof is required at the time of trial. 4. Denied. After reasonable investigation, answering Defendant denies the corresponding allegation in that Defendant is without knowledge or information to form a belief as to the truth or falsity of Plaintiff s allegation and strict proof is required at the time of trial. 5. Denied. After reasonable investigation, answering Defendant denies the corresponding allegation in that Defendant is without knowledge or information to form a belief as to the truth or falsity of Plaintiff s allegation and strict proof is required at the time of trial. 6. Denied. This is a conclusion of law to which no response is required. By way of further answer, the Affidavit is from a representative of Plaintiff, who allegedly became the loan servicer long after the claimed date of default and, therefore, the affidavit is based upon inadmissible hearsay. The allegation is further denied in that after reasonable investigation, answering Defendant denies the corresponding allegation in that Defendant is without knowledge or information to form a belief as to the truth or falsity of Plaintiff's allegation and strict proof is required at the time of trial. 7. Denied. This is a conclusion of law to which no response is required. By way of further answer, Defendant incorporates his response to paragraph 6 herein. 8. Denied. This is a conclusion of law to which no response is required. By way of further answer, Defendant incorporates his response to paragraph 6 herein. 9. Denied. This is a conclusion of law to which no response is required. By way of further answer, the allegation is denied in that after reasonable investigation, answering Defendant denies the corresponding allegation in that Defendant is without knowledge or information to form a belief as to the truth or falsity of Plaintiff s allegation and strict proof is required at the time of trial. By way of further answer, the Notices show that Plaintiff was not servicing the loan at the time the Notices were sent which offers further evidence that the account information offered by Plaintiff, in its Motion, is based upon inadmissible hearsay. 10. Denied. This is a conclusion of law to which no response is required. 11. Denied. This is a conclusion of law to which no response is required. 12. Admitted. 13. Admitted. 14. Admitted in part. Denied in part. It is admitted only that Defendant filed an Answer with New Matter. The remainder of the allegation is denied as a conclusion of law to which no response is required and is also denied in that the allegation refers to a document in writing which speaks for itself. 15. There is no paragraph number 15 in Plaintiff's Motion and, therefore, no response is required. 16. Denied. This is a conclusion of law to which no response is required. By way of further answer, Plaintiff has failed to prove it is the lawful Noteholder and, thus, is not the real party in interest. 17. Denied. This is a conclusion of law to which no response is required. 18. Admitted. WHEREFORE, Defendant requests that this Honorable Court deny Plaintiff's Motion for Summary Judgment. DEFENDANT WALTER BRAITHWAITE'S CROSS-MOTION FOR SUMMARY JUDGMENT 1. Movant/Defendant is Walter Braithwaite, mortgagor of the property located at 62 Chelsea Lane, Carlisle, PA 17015. 2. Respondent/Plaintiff is Fannie Mae (Federal national Mortgage Association). 3. On March 1, 2013, Plaintiff filed a Complaint in foreclosure against Defendant and Maria A. Braithwaite. 4. On July 5, 2013, Defendants each filed an Answer to Plaintiff's Complaint. 5. On November 14 (sic), 2014, Plaintiff filed a Motion for Summary Judgment. 6. In its Motion, Plaintiff alleges that the Defendants executed a Mortgage on August 10, 2007. Plaintiff's Exhibit "A" 7. The Mortgage designates First Horizon Home Loans, N.A. as the lender and MERS as the nominee for lender. 8. In its Motion, Plaintiff alleges that the Mortgage was assigned to Metlife Home Loans a Division of Metlife Bank, N.A., on July 2, 2009. Plaintiff's Motion at par. 4 and Plaintiff's Exhibit A2. 9. In its Motion, Plaintiff alleges that May 1, 2010, the mortgage was assigned to it. Plaintiff's Motion at par. 5 and Plaintiff's Exhibit A3. 10. In its Motion, Plaintiff alleges that a copy of the Promissory Note ("Note") is attached to its Motion as Exhibit A1. A true and correct copy of Plaintiff's Exhibit Al is attached hereto as Exhibit "A". 11. The Note was executed by Defendant Walter Braithwaite on August 10, 2007. 12. Despite the multiple assignments of the mortgage, the Note was not endorsed by either a special endorsement to any of the successor entities or by an endorsement in blank. 13. Without a proper endorsement of the Note, Plaintiff cannot be the lawful holder of the Note. 14. Without being the lawful holder of the Note, Plaintiff is left with an unenforceable security interest. 15. Without being the lawful holder of the Note, Plaintiff is not a party to this transaction and, therefore, this Court lacks subject matter jurisdiction. 16. In Bernard v. Bernard, 668 A.2d 546, 548 (Pa. Super. 1995) the Superior Court wrote: "The action or inaction of the parties cannot bestow subject matter jurisdiction upon a court that otherwise lacks it.' Clay v. Advanced Computer Applications, 370 Pa.Super. 497, 504, 536 A.2d 1375, 1379 (1988) (en bane), modified, 522 Pa. 86, 559 A.2d 917 (1989) (citations omitted). Therefore, our rules of civil procedure provide that either party, or the court sua sponte, can raise the lack of subject matter jurisdiction at any time." Id. (citations omitted)." (Emphasis added.) 17. Mere possession of a note does not give Plaintiff "holder" status. 18. The Note must be obtained through proper negotiation. 19. Thus, in order for Plaintiff to be considered a lawful holder of the Note, Plaintiff must not only have possession of the original instrument but. the Note must contain one of the two aforesaid endorsements on the Note. 20. Since there is no genuine issue of fact as to the lack of an endorsement on the Note, Summary Judgment must be granted in favor of Defendant and the case should be dismissed. WHEREFORE, Defendant requests this Honorable Court grant his Cross - Motion for Summary Judgment. B MI HAEL Attorney for Defen. ant Walter W. Braithwaite , ESQUIRE LAW OFFICES OF MICHAEL P. FORBES P.C. MICHAEL P. FORBES, ESQUIRE 200 Eagle Road Suite 220 Wayne, Pa 19087 (610) 293-9399 Atty. I.D. No: 55767 Attorney for Defendant Walter Braithwaite COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE (FEDERAL NATIONAL MORTGAGE : ASSOCIATION) Plaintiff : CIVIL DIVISION v. WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE Defendants : NO: 13-1131 DEFENDANT WALTER BRAITHWAITE'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF HIS CROSS-MOTION FOR SUMMARY JUDGMENT I. ISSUES WHETHER THERE IS A GENUINE ISSUE OF MATERIAL FACT WHICH PRECLUDES THE ENTRY OF SUMMARY JUDGMENT? ANSWER: YES WHETHER PLAINTIFF HAS PROVEN THAT IT IS THE LAWFUL NOTEHOLDER? ANSWER; NO WHETHER THIS COURT LACKS SUBJECT MATTER JURISDICION DUE TO PLAINTIFF'S FAILURE TO SHOW THAT IT IS THE LAWFUL NOTEHOLDER AND, THEREFORE, DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT SHOULD BE GRANTED? ANSWER: YES WHETHER PLAINTIFF CAN PROVE A DEFAULT OF THE LOAN WHEN ITS ACCOUNT HISTORY IS BASED UPON INADMISSIBLE HEARSAY AND DEFENDANT DENIES DEFAULT OF THE MORTGAGE? ANSWER: NO II. ARGUMENT A. Standard of Review and Issues of Fact in Dispute Pursuant to Pennsylvania Rule of Civil Procedure 1035, "After the pleadings are closed, but within such time as not to delay trial, any party may move for summary judgment on the pleadings and any depositions, answers to interrogatories, admissions on file and supporting affidavits (1) when there is no genuine issue of a material fact; or (2) there is insufficient evidence of facts to make out a prima facie case or defense such that no issues may be submitted to a jury. See Cafazzo v. Centralo Medical Health Services., Inc. 668 A.2d 521 (pa. Super. 1995); Bata v. Central -Penn National Bank of Philadelphia, 224 A.2d 174 (Pa. 1966); Kappe Assoc., Inc. v. Aetna Cas. & Insur. Co., 341 A. 2d 174 (Pa. 1966). In order for Movant to prevail, the Court must "accept as true all well -pleaded facts in the non-moving parties pleadings, as well as admissions on file, giving to them the benefit of all reasonable inferences drawn therefrom; the record must be examined in the light most favorable to them; and in passing upon a motion for summary judgment, it is no part of our function to decide issues of fact but solely to determine whether there is an existence of a genuine issue as to a material fact must be resolved against the party moving for summary judgment." Ritmanich v. Jonnel Enterprises, Inc. 219 Super. Ct. 198, 280 A2d. 570 (1971). Kotwasinski v. Rasner 436 Pa. 32, 258 A2d 865 (1969). furnish collateral security for the performance of the underlying debt and has no independent existence apart from being collateral for the underlying debt, Raneri v. Inn America of Pennsylvania, Inc., 29 Pa. D. & C.3d 239(1984). That underlying debt is commonly a promissory Note or bond. A promissory Note is a negotiable instrument whereas Assignments are real property instruments insufficient to transfer title. As adopted in Title 13 of the Pennsylvania Consolidated Statutes, U.C.C. Article 3 defines negotiable instruments and defines how ownership of these instruments is transferred. Negotiable instruments, § 3104(a) are defined as "an unconditional promise or order to pay a fixed amount of money, with or without interest . . .". Ordinary negotiable instruments include Notes and drafts (a check is a draft drawn on a bank), § 3104(e). Negotiable paper is transferred from the original payor by negotiation. §3301. "Order paper" must be endorsed while bearer paper need only be delivered, §3305. However, in either case, for the note to be enforced, the person who asserts the status of the holder must be in possession of the instrument, See § 1201 (20) and comments. As is well established, Pursuant to Pa.R.C.P. 2002, all actions shall be prosecuted by and in the name of the real party in interest. A "real party in interest" is the person who has the power to discharge the claim upon which suit is brought and to control the prosecution of the action." Clark v. Cambria County Bd. Of Assessment Appeals, 747 A.2d 1242 (Pa.Cmwlth.2000), appeal denied, 568 Pa. 740, 798 A.2d 1292 (2002). a.) If the party prosecuting the matter has no interest, the case must be dismissed for lack of subject matter jurisdiction. In Bernard v. Bernard, 668 A.2d 546, 548 (Pa. Super. 1995) the Superior Court wrote: "The action or inaction of the parties cannot bestow subject matter jurisdiction upon a court that otherwise lacks it.' Clay v. Advanced Computer Applications, 370 Pa.Super. 497, 504, 536 A.2d 1375, 1379 (1988) (en banc), modified, 522 Pa. 86, 559 A.2d 917 (1989) (citations omitted). Therefore, our rules of civil procedure provide that either party, or the court sua sponte, can raise the lack of subject matter jurisdiction at any time. Id. (citations omitted)." (Emphasis added.) b.) The U.C.C. and Noteholder status In order for Plaintiff to pursue this matter, it must be the lawful Noteholder. In order to be the lawful Noteholder, Plaintiff must meet the requirements of the Pennsylvania Uniform Commercial Code. Therefore, there must be an "indorsement" (Also, commonly referred to as an "endorsement"). The requirements for an "indorsement" are addressed, inter alia, in the following statutes: 13 Pa.C.S.A. § 3201. Negotiation (a) Definition of "negotiation". --"Negotiation" means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder. (b) Manner of negotiation. --Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone. (Emphasis added) 13 Pa.C.S.A. § 3204. Indorsement (a) Definition of "indorsement". --"Indorsement" means a signature, other than that of a signer as maker, drawer or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of negotiating the instrument, restricting payment of the instrument or incurring indorser's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature or other circumstances unambiguously indicate that the signature was made for a purpose other than Summary Judgment is based upon the "record" which includes any (1) pleadings, (2) depositions, answers to interrogatories„ admission and affidavits, and (3) reports signed by an expert witness, that would, if filed, comply with Rule 4003.5(a)(1), whether or not the reports have been produced in response to interrogatories. Pa.R.C.P. 1035.1. In a note to Rule 1035.2, the evidentiary record may consist of (1) material facts which are undisputed and, by example, shown by a record containing an admission, and (2), the record contains insufficient facts to make out a prima facie case or defense. As our Supreme Court opined in Stimmler v. Chestnut Hill Hospital, 602 Pa. 539, 981 A.2d 145 (2009): As we stated: "The function of the summary judgment proceedings is to avoid a useless trial but is not, and cannot, be used to provide for trial by affidavits or trial by depositions." Goodrich-Amram 2d § 1035.1, p. 423. "That trial by testimonial affidavit is prohibited `cannot be emphasized too strongly'." Curran v. Philadelphia Newspapers, Inc., 497 Pa. 163, 183, 439 A.2d 652, 662 (1981) citing Goodrich-Amram 2d § 1035(d): 1 at p. 455, 439 A.2d 652. In considering a motion for summary judgment, the lower court must examine the whole record, including the pleadings, any depositions, any answers to interrogatories, admissions of record, if any, and any affidavits filed by the parties. From this thorough examination[,] the lower court will determine the question of whether there is a genuine issue as to any material fact. On this critical question, the party who brought the motion has the burden of proving that no genuine issue of fact exists. All doubts as to the existence of a genuine issue of a material fact are to be resolved against the granting of summary judgment. Thompson Coal Co. v. Pike Coal Co., 488 Pa. 198, 412 A.2d 466 (1979); Goodrich-Amram, supra, § 1035(b): 3, p. 432. In determining the existence or non-existence of a genuine issue of a material fact, courts are bound to adhere to the rule of Nanty-Glo v. American Surety Co., 309 Pa. 236, 163 A. 523 (1932) which holds that a court may not summarily enter a judgment where the evidence depends upon oral testimony. Penn Center House, Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900, 902-03 (Pa.1989). In the instant case, as noted above, there are several genuine issues of material fact which would preclude the entry of Summary Judgment, as a matter of law. As set forth in Defendant's Answer to Plaintiff's Motion, the following issues are in dispute and, therefore, Summary Judgment cannot be granted: 1.) Plaintiff is not the Real Party in Interest because it has failed to allege or show that it is the lawful Noteholder and, therefore, cannot proceed in this action. As a result, this Court does not have subject matter jurisdiction over the case and the case should be dismissed. There is no allegation or other proof showing that Plaintiff holds the Promissory Note nor has Plaintiff provided any proof that it is the lawful Noteholder. Therefore, Plaintiff has not offered any proof for the most rudimentary element of any lawsuit; being the real party in interest. Since Plaintiff has failed to show it is the lawful Noteholder, this creates a material issue of fact which precludes summary judgment which precludes the entry of Motion for Summary Judgment for Plaintiff. Plaintiff is not the lawful owner of the Note such that it has a beneficial interest in the loan. Pa. R.C.P. 2002(a) requires that "all actions must be prosecuted by and in the name of the real party in interest, without distinction between contracts under seal or parole contracts." The "real party in interest rule" requires that the party prosecuting an action must have "the power to discharge the claim upon which suit is brought or the power to control the prosecution of the action." See Toll v. Pioneer Sample Book Co., 373 Pa. 127, 94 A.2d 764 (1953); Lore v. Sobolevitch, 675 A.2d 805 (Pa. Commw. Ct. 1996). Pennsylvania law has long held that a mortgage is merely collateral for the payment of some primary obligation. Girard Trust Co. v. City or Philadelphia, 369 Pa. 499, 87 A.2d 277 (1952). Therefore, the covenant contained in the mortgage is merely to even if there remain questions as to the chain of possession of the Note from the time of its making to its arrival in Appellee's figurative hands. 13 Pa.C.S. § 3109(a). Should Appellee fail to establish possession of the original, or should it fail to establish that the indorsement in blank that refers only generically to an unidentified note in fact is appurtenant to the Note at issue, then a full examination of the chain of possession may be necessary, as per the requirements of Produce Factors, supra, and related cases.- Id. at 1266. In Produce Factors, for example, we stated the rule as follows: [HN2] When suit is brought against the defendant by a stranger to his contract, he is entitled to proof that the plaintiff is the owner of the claim against him. This protection must be afforded the defendant. Otherwise, the defendant might find himself subjected to the same liability to the original owner of the cause of action, in the event that there was no actual [**15] assignment. 179 A.2d at 921 (quoting Brown, 42 A.2d at 94). To the same end, in Fourtees Co., we held that a party could not confess judgment under a lease when it failed to establish its interest in the premises. In so ruling, we rejected the party's sole contention in support of its standing that, because he owned and operated the corporation that was the record owner of the premises and lessor, it was the real party in interest under Pa.R.C.P. 2002. 363 A.2d at 1233. "Whatever informal arrangements may have existed between appellee and New Hope, Inc., they did not rise to the level of an enforcible [sic] contractual right. Because the record does not establish appellee's claim to be a real party in interest to the lease, the lower court should have stricken the judgment." Id. There is no basis that we can discern to read Mallory as eliminating this fundamental requirement, whether solely in the context of mortgage actions or otherwise. (Emphasis added) In the case at bar, Plaintiff, who is not the original Noteholder, has not only failed to produce a Note with the requisite Endorsement but has produced a Note with no Endorsement. In Murray the Court's extensively analyzed what constitutes a lawful Noteholder and under what circumstances a subsequent possessor of a Promissory Note would be considered a lawful Noteholder. The Court stated: That being said, if Pennsylvania's Uniform Commercial Code ("PUCC"), 13 Pa.C.S. §§ 1101, et seq., governs the Note as a "negotiable instrument," Id. § 3104, then there is no risk of a debtor twice being held to account for a single debt, which risk [**16] was the animating concern behind our decisions in Fourtees Co., Produce Factors, Brown, and other cases. Pursuant to the PUCC, a debtor who satisfies his obligations under a negotiable instrument cannot be required to do so again, even if the recipient of the debtor's performance is not the holder of the note in question. Id. § 3602(a). Murray repeatedly uses the language of negotiable instruments, challenging Appellee's status as a holder of the Note and Mortgage in this case. We are aware of no Pennsylvania case that has held in clear terms that a note securing a mortgage is a negotiable instrument under the PUCC. However, it appears that most, if not all, other jurisdictions have found that such a note is a negotiable instrument subject to the UCC. See, e.g., Robbins v. Walker, 66 UCC Rep.Serv.2d 1048 (S.D. Miss. 2008); [* 1264] Williams v. Aries Fin'l, LLC, 70 UCC Rep.Serv.2d 634 (E.D.N.Y. 2009); Midfirst Bank, SSB v. C.W. Haynes & Co., Inc., 893 F.Supp. 1304 (D.S.C. 1994); Barnsley v. Empire Mortgage L.P., 142 N.H. 721, 720 A.2d 63 (N.H. 1998); Ballengee v. N.M. Fed. Say. & Loan Ass'n, 109 N.M. 423, 786 P.2d 37 (N.M. 1990); Goss v. Trinity Say. & Loan Assn, 1991 OK 19, 813 P.2d 492 (Okla. 1991); Taylor v. Roeder, 234 Va. 99, 360 S.E.2d 191, 4 Va. Law Rep. 485 (Va. 1987); Debrunner v. Deutsche Bank Nat. Trust Co., 138 Cal. Rptr. 3d 830, 204 Cal. App. 4th 433 (Cal. Ct. App. 2012); First Commerce of Amer., Inc. v. McDonald, No. CV -95-0075050-S, 1995 Conn. Super. LEXIS 2772, 1995 WL 592432 (Conn. Super. Ct. Sept. 29, 1995) (unpublished); Perry v. Fairbanks Capital Corp., 888 So.2d 725 (Fl. Dist. App. 2004); First Valley Bank v. First Say. & Loan Ass'n of Central Indiana, 412 N.E.2d 1237 (Ind. Ct. App. 1980); Bibler v. Arcata Investments 2, LLC, 58 UCC Rep.Serv.2d 244 (Mich. App. 2005) (unpublished); Carnegie Bank v. Shalleck, 256 N.J. Super. 23, 606 A.2d 389 (N.J. Super. Ct. 1992); U.S. Bank, N.A. v. Bennett, No. 11 MA 40, 2012 Ohio 2700, 2012 WL 2254189 (Ohio Ct. App. June 12, 2012) (unpublished); N. W. Mortgage Investors Corp. v. Slumkoski, 3 Wn. App. 971, 478 P.2d 748 (Wash. Ct. App. 1970). Notably, in Horbal v. Moxham Nat. Bank, this Court applied UCC principles to its analysis of a certificate of deposit executed as additional security for a mortgage loan. 441 Pa. Super. 463, 657 A.2d 1261, 1264-65 (Pa. Super. 1995), affd by evenly divided Court, 548 Pa. 394, 697 A.2d 577 (Pa. 1997). Although Murray offers several challenges to the proposition that Appellee is properly a holder of the Mortgage and Note in the instant matter, he does not purport to challenge the status of the Note as an instrument governed by Pennsylvania's version of the UCC, and we are aware of no basis upon which to do so. As explained below, a note secured by a mortgage fits the plain language of the UCC's definition of such an instrument. Instead, Murray's argument in opposition to indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument. 13 Pa.C.S.A. § 3205. Special indorsement; blank indorsement; anomalous indorsement (a) Special indorsement. --If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a "special indorsement." When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in section 3110 (relating to identification of person to whom instrument is payable) apply to special indorsements: (b) Blank indorsement. --If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a "blank indorsement." When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed. (c) Conversion of blank indorsement into special indorsement. --The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable. (d) Definition of "anomalous indorsement". --"Anomalous indorsement" means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated. Therefore, mere possession of a note does not give Plaintiff "holder" status. The Note must be obtained through proper negotiation. Thus, in order for Plaintiff to be considered a Holder of the Note, Plaintiff must not only have possession of the original instrument but the Note must contain one of the two aforesaid endorsements on the Note pursuant to 13 Pa. C.S. § 3201(b). The issue of Noteholder status under the Pa. Commercial Code was addressed at length in J.P. Morgan Chase Bank, N.A. v. Francis X. Murray, 2013 Pa Super 55, 63 A.3d 1258 (2013), wherein the Superior Court stated: Should Appellee successfully establish that it holds the original Note, and that it is indorsed in blank, under the UCC it will be entitled to enforce the Note against Murray, Appellee's right to enforce the Note, aside from assertions regarding the allegedly defective chain of assignments, resolves into a challenge to the fact that the Note was not indorsed over to Appellee, and that the Note produced during discovery for Murray's inspection, which may or may not have been indorsed in blank by the loose underspecified allonge, was not the original Note. We agree with the bankruptcy court's view in Walker: the Note here is a negotiable instrument governed by the PUCC. Section 3104 of the PUCC offers, in relevant part, the following definition of a negotiable instrument: Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it: (1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder; (2) is payable on demand or at a definite time; and (3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain: (i) an undertaking or power to give, maintain or protect collateral to secure payment; (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral; or (iii) a waiver or the benefit of any law intended for the advantage or protection of an obligor. 13 Pa.C.S. § 3104. A holder in due course of a negotiable instrument is defined as the holder of an instrument if "the instrument [*1266] when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity;" and the holder took the instrument for value and in good faith. Id § 3302. The PUCC defines a blank indorsement as follows: "If an indorsement is made by the holder of an instrument and it is not a special indorsement, 5 it is a 'blank indorsement.' When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed." Id § 3205(b). A note is payable to bearer if it (1) states that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment; (2) does not state a payee; or (3) states that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person. (Emphasis added) 13 Pa.C.S. § 3109(a). Further reinforcing the right of a possessor of a note to enforce it, at least one court has held that one need not be a "holder" as defined by the UCC to enforce a note in its possession, notwithstanding doubts regarding how it came to be transferred to the possessor. See Bank of N. Y v. Raftogianis, 418 N.J. Super. 323, 13 A.3d 435 (N.J. Super. Ct. 2010). Footnotes 5 A special indorsement is one made by the holder of an instrument that identifies a person to whom it makes the instrument payable. 13 Pa.C.S. § 3204. Such an indorsement renders the instrument payable to the identified person, who is the only person who may transfer that note by subsequent indorsement. End Footnotes- - - - For these reasons, we conclude that the Note secured by the Mortgage in the instant case is a negotiable instrument under the PUCC. As such, we find Murray's challenges to the chain of possession by which Appellee came to hold the Note immaterial to its enforceability by Appellee. However, this does not end our inquiry, because possession of the Note, the basis upon which Appellee would be entitled to enforce it under the UCC, is in dispute in this case. Appellee avers that Murray reviewed the original note in the presence of Appellee's counsel, and that the Note provided included an allonge reflecting an indorsement in blank by a duly authorized agent of the original mortgagee, Great Western Bank, a Federal Savings Bank doing business as Sierra Western Mortgage Company. To that end, Appellee furnished a putative copy of the original Note and an allonge as an exhibit to the affidavit of Brett L. Messinger, counsel for the Appellee. Appellee's Opposition to Defendant's Motion for Reconsideration, Exhibit 1 (Note and allonge) to Exhibit B (April 23, 2012 affidavit of Mr. Messinger ("Messinger Affidavit")). Mr. Messinger attested that he provided Murray with "the original collateral file in regard to the Note and Mortgage" relating thereto. Messinger Affidavit at 1 ¶2. He further averred that, "[alt the time of the inspection, there was contained in the original file a number of documents, including the original Mortgage, original Note, and original Allonge to the Note, showing the Note being endorsed in blank by Washington Mutual Bank, F.A., successor in interest to Great Western Bank, a FSB." Id. at 1-2 ¶3. Notably, Appellee appears not to have filed of record a copy of the Note that included the allonge until after the trial court's entry of summary judgment, when Appellee filed its opposition to Murray's motion for reconsideration of that order. This is despite the fact that Appellee repeatedly throughout these proceedings attached copies of the Mortgage and Note [*1267] (in all instances, without any putative allonge) to other filings, including the Complaint itself. Moreover, Appellee attached an earlier Messinger affidavit to its motion for summary judgment, in which Mr. Messinger attested that Murray had inspected the original of the Note and Mortgage. Appellee's Memorandum of Law in Support of Summary Judgment Motion, Exh. E (Messinger affidavit dated January 30, 2012). Murray in no uncertain terms duly challenged the provenance of the putative Note and Mortgage produced by Mr. Messinger for Murray's review. Murray averred that he was provided three sets of documents, which were presented as the original Mortgage, a copy of the Note, and a "loose" allonge, which Murray described as follows: The third set of documents provided me includes a document titled "Allonge", which states as follows[:] "Pay the note affixed to this allonge to the order of , without recourse." A signature, allegedly of Jess Almanza, Assistant VP, Washington Mutual Bank, F.A., Successor in interest to Great Western Bank, a FSB, appears on the document. There is nothing to suggest this allonge is original, and no date is provided. No payee name appears. There is no notarial seal. This allonge is loose and not attached to any document. Defendant's Affidavit Re: Document Inspection, filed Dec. 30, 2011, at 2 ¶5. It does not appear that Appellee endeavored to present the original Note to the trial court for inspection. Appellee does not contend that it did so, and the trial court makes no mention of any such action. This leaves us with only the parties' competing averments by affidavit regarding Appellee's possession of the Note, upon which rests its ability to enforce same in the instant proceedings. Pennsylvania courts long have disapproved of trial by affidavit. Moreover, "[t]estimonial affidavits of the moving party or his witnesses, not documentary, even if uncontradicted, will not afford sufficient basis for the entry of summary judgment, since the credibility of the testimony is still a matter for the jury." Rosenberry v. Evans, 2012 PA Super 91, 48 A.3d 1255, 1260 (Pa. Super. 2012) (quoting Penn Center House, Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900, 903 (Pa. 1989)); see also Borough of Nanty-Glo v. Amer. Surety Co. ofN.Y., 309 Pa. 236, 163 A. 523, 524 (Pa. 1932) (quoting Reel v. Elder, 62 Pa. 308 (1869)) ("However clear and indisputable may be the proof when it depends upon oral testimony, it is nevertheless the province of the jury to decide, under instructions from the court, as to the law applicable to the facts"); Lineberger v. Wyeth, 2006 PA Super 35, 894 A.2d 141, 149 (Pa. Super. 2006); Dudley v. USX Corp., 414 Pa. Super. 160, 606 A.2d 916, 918-19 (Pa. Super. 1992). There appears to be no dispute that documents asserted to be the original Note, Mortgage, and allonge indorsed in blank by the original holder were produced for Murray's inspection. However, the parties do dispute two critical issues in this case: First, whether the Note produced was, in fact, the original; and second, whether the loose allonge produced was an original and in fact reflected an indorsement of the Note in question. Should Appellee successfully establish that it holds the original Note, and that it is indorsed in blank, under the UCC it will be entitled to enforce the Note against Murray, even if there remain questions as to the chain of possession of the Note from the time of its making to its arrival in Appellee's figurative hands. 13 Pa.C.S. § 3109(a). Should Appellee fail to establish possession of the original, or should it fail to establish that the indorsement in blank that refers only generically to an unidentified note in fact is appurtenant to [*12681 the Note at issue, then a full examination of the chain of possession may be necessary, as per the requirements of Produce Factors, supra, and related cases. 6 (Emphasis added) Footnotes 6 Notably, under the PUCC, it may be the case that Appellee can substantiate possession of the Note by establishing, in the alternative, the transfer of the mortgage, i.e., the security interest in the Note. 13 Pa.C.S. § 3204(c) ("For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest is effective as an unqualified indorsement [**291 of the instrument.") It would be premature to address this possibility, given the state of the record. End Footnotes For the foregoing reasons, the trial court erred in entering summary judgment in favor of Appellees. Appellee has failed to establish possession of the original Note, indorsed in blank, and therefore has failed to establish that it or any of its putative predecessor holders of the Note have or had the right to maintain an action in foreclosure upon Murray's alleged default of his obligations under the Note. The parties disagree as to whether the Note produced for Murray's inspection in fact was the original Note, and, if so, whether the loose allonge also provided for Murray's inspection was, itself, an original, and in fact purported to indorse the original Note in blank. This presents a genuine issue of material fact that, absent further discovery sufficient to resolve the conflict as a matter of law (upon whatever basis might apply), must be resolved by a fact -finder following the presentation of the available documentary and testimonial evidence. Accordingly, we reverse the trial court's entry of summary judgment in favor of Appellee and remand for further proceedings. 7 We emphasize that our ruling [* 1269] is without prejudice to Appellee's right to seek summary judgment following further development of the record. In the case at bar, given that the Note presented by Plaintiff fails to contain an endorsement, deprives Plaintiff of making any claims to ownership or Holder status of the Note and, thus, deprives Plaintiff the right to bring this action. 2.) Plaintiff's Account history and Affidavit are based upon inadmissible hearsay, thus, Plaintiff has failed to prove or show there is a default on the loan. The Loan history attached to the Motion by Plaintiff is based upon inadmissible hearsay due to the fact that Plaintiffs affiant, Lisa Lubbess, is attempting to authenticate the records of prior loan servicers, which she cannot do under the decision of Commonwealth Financial Systems v. Larry Smith, 2011 WL 489704. The Affidavit is defective in that the Affiant fails to aver he is competent, fails to aver facts based upon his personal knowledge and fails to aver that the Affidavit is sworn to under penalty of perjury as pursuant to 18 PA.C.S. Sec. 4904 relating to unsworn falsification to authorities. Plaintiff's Affidavit in support of its Motion for Summary Judgment is defective on its face and does not comport with Pa. Rule of Civ. Pro 1035.4 which mandates: Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. (Emphasis added) Moreover, she cleverly states, at par. 3 of his Affidavit that "I have reviewed the books, records, loan documents, and loan history pertaining to the Defendant's Residential Mortgage loan being serviced by SETERUS, INC., as authorized sub -servicer for Federal National Mortgage Assciation ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America." She fails to inform the Court that the records are based upon those of two prior loan servicers and, therefore, cannot address any information which was posted to the account prior to the alleged Assignment. In fact, Plaintiff's Exhibit g — the alleged Account History shows a computerized printout of records identifying them as belonging to other loan servicers, MetLife and one unidentified servicer. Therefore, the loan history is based almost entirely on hearsay. Therefore, neither this Court nor Defendant can know if the proper credit was given to her or if the proper allocation of funds were made in accordance with the Mortgage and Note. This issue of the hearsay nature of prior account servicers has been decided against this type of evidence in Superior Court's affirmation of the decision of the Honorable Charles Burr in Commonwealth Financial Systems, Inc. v. Smith, 2011 WL 489704 at *8 (February 14, 2011), her Affidavit is based upon inadmissible hearsay. In Commonwealth Financial Systems, our Superior Court upheld Judge Charles Burr, II's evidentiary decision to preclude the business records offered by an assignee for lack of trustworthiness. The witness of plaintiff (assignee of the credit card) had established that the contract, invoices, and assignments were assignee's business records. The witness failed also to establish that the prior owners of the debt (that is, the assignee's assignors) had followed industry requirements in their preparation and maintenance of the records. Our Superior Court noted that "the question of whether computerized files of an original creditor are admissible as the business records of a successor debt buyer appears to be one of first impression in this Commonwealth." Id. at *3. The Court wrote: [W]e are constrained to affirm the trial court's decision. Rule 803(6) requires the proponent of documentary evidence to establish circumstantial trustworthiness. Here, the trial court did not consider "the sources of information, method, and time of preparation" sufficient to justify admission of the exhibits; nor did it consider Mr. Venditti to be "a qualified witness." Pa.R.E. 803(6) and 42 Pa.C.S.A. § 6108. The Superior Court then cited Pa.R.E. 803(6), which provides as follows: Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, or conditions, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the sources of information or other circumstances indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. The Uniform Business Records as Evidence Act, 42 Pa.C.S.A. § 6108, is also relevant to this matter and provides as follows: A record of an act, condition or event shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business at or near the time of the act, condition or event and if, in the opinion of the tribunal, the sources of information, method and time of preparation were such to justify its admission. After reviewing Rule 803(6) and section 6108, the trial court concluded "that no proper foundation for the evidence sought to be admitted by [CFS] was ever properly laid." Trial Court Opinion, 1/26/10, at 22." In the case at bar, Affiant is attempting to authenticate records of a third party, Washington Mutual. Plaintiff's Motion provides no account history kept by WAMU. Plaintiff provided an account history which is comprised only of computerized records without notating who generated the records, how they were entered, what kind of system was used for entry and any other criteria required under the aforesaid Rules and case law. Plaintiff's records attempt to incorporate the records of WAMU into its own records, which it is precluded from doing under CFS v. Smith, do not shed any light on the account. Therefore, Summary Judgment must be denied. 3.) Plaintiff has failed to meet its burden in showing that Defendants' answers to thecomplaint are tantamount to admissions. Plaintiff argues that Defendant plead general denials to its Complaint. However, in reviewing the "boilerplate" allegations of the Complaint and the denials thereto, Defendant, acting pro se, denied the pertinent allegations, many of which were based upon inadmissible hearsay or were conclusion of law. Even if the allegations are deemed admitted, Plaintiff's Motion must fail due to its failure to prove it is the proper party and this Court's lack of jurisdiction. III. CONCLUSION Plaintiff has failed to meet its burden in establishing that it is the lawful Noteholder and, therefore, its' Motion for Summary Judgment should be denied and Defendant's Motion for Summary Judgment should be granted. WHEREFORE, Defendants request that this Honorable Court deny Plaintiff's Motion for Summary Judgment and grant Defendant's Motion for Summary Judgment. Respectfully submitte M{CHAE I4iES, ESQUIRE EXHIBIT A August 10th, 2007 IDatel 62 CHELSEA LANE, CARLISLE, PA 17013 NOTE CARLISLE, lCityl (Property Address) PA (State) 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received,1 promise to pay U.S. $ 309,280.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. 1 will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 8.250 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(3) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on October 1st, 2007 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 1st, 2037 , 1 still owe amounts under this Note, 1 will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at PO Box 809 MEMPHIS, TN 38101 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ or at a different place if required by the Note Holder. 2,323.52 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, 1 will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE -Single Family- Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3200 1/01 Wolters Kluwer Financial Services VMP 0-5N roan. et Pege 1 W 3 lr tlele: i11 11 111 i 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQULRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due. I will be in default. (C) Notice of Default If I am in default. the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note. including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. VMP ®•5N (02oat.o1 Pepe 2 013 Form 320001 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: If all or arty part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. WJ U WALTER W. BRAITHWAITE (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower VMP ®-5N (0207).01 Page3013 [Sign Onginol Only] Form 3200 1/01 LAW OFFICES OF MICHAEL P. FORBES P.C. MICHAEL P. FORBES, ESQUIRE 200 Eagle Road Suite 220 Wayne, Pa 19087 (610) 293-9399 Atty. I.D. No. 55767 Attorney for Defendant Walter W. Braithwaite COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE (FEDERAL NATINAL MORTGAGE ASSOCIATION) Plaintiff v. WALTER W. BRAITHWAITE MARIA A. BRAITHWAITE DefendantS : CIVIL DIVISION : NO: 13-1131 CERTIFICATE OF SERVICE I hereby certify that the foregoing pleading was sent via U.S. mail, first class and/or telefax on this day to all parties as listed below: Joseph Dessoye, Esquire MARIA A. BRAITHWAITE THE UNITED STATES OF Phelan Hallinan and 8664 HENSINGERSVILLE AMERICA C/O Schmieg ROAD THE UNITED STATES 1617 JFK Boulevard, Suite MACUNGIE, PA 18062 ATTORNEY FOR THE 1400 MIDDLE DISTRICT OF PA Philadelphia, PA 19103 228 WALNUT STREET, SUITE 220 P.O. BOX 11754 HARRISBURG, PA 17108- 1754 Date: December 11, 2014 BY: MIS, • ' LT -7- RS ESQUIRE Counsel for Defendant Walter Braithwaite 01 -01 - PRAECIPE FOR RE -LISTING CASE FOR ARGUMENT TO PROTHONOTARY OF CUMBERLAND COUNTY Please list the matter for the , Argument Court. LAW OFFICES OF MICHAEL P. FORBES P.C. MICHAEL P. FORBES, ESQUIRE 200 Eagle Road Suite 220 Wayne, Pa 19087 (610) 293-9399 Atty. I.D. No. 55767 Attorney for Defendant Walter W. Braithwaite COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA FANNIE MAE (FEDERAL NATIONAL MORTGAGE ASSOCIATION) Plaintiff : CIVIL DIVISION : NO: 13-1131 v. WALTER W. BRAITHWAITE 7219 VIA ABRUZZI LAKE WORTH, FL 33467-6940 and MARIA A. BRAITHWAITE 8664 HENSINGERSVILLE ROAD MACUNGIE, PA 18062-2062 and THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, P.O. BOX 11754 HARRISBURG, PA 17108-1754 Defendants 1. State matter to be argued (i.e., Plaintiff's motion for a new trial, Defendant's demurrer to complaint, etc): a. Defendant's, Walter W. Braithwaite's, Answer and Cross -Motion to Plaintiff's Motion for Summary Judgment. a * 17°k`k.-1St�c 2' S1yU/Si 2. Identify counsel who will argue case: a. For Plaintiff: Joseph A. Dessoye, Esq. 126 Locuse Street Harrisburg, PA 17101 b. For Defendant WALTER W. BRAITHWAITE: Michael P. Forbes, Esq. 200 Eagle Road Suite 220 Wayne, PA 19087 c. For Defendant MARIA A. BRAITHWAITE, Pro Se 8664 Hensingersville Road Macungie, PA 18602-2062 3. I will notify all parties in writing within two (2) days that this case has been listed for argument. 4. Argument Court Date: DATE: BY: .0. hael `' . rbes, . . Attorney or Defendant, Walter W. Braithwaite