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HomeMy WebLinkAbout13-1482 1 i A f PHELAN HALLINAN LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -_563 -7000 I'HH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL. NJ 08054 CIVIL DIVISION Plaintiff N,. TERM (� MARCI M. KENNEDY NO. -� L �d 11/l DEVIN M. KENNEDY 10 SMITH ROAD CUMBERLAND COUNTY GARDNERS, PA 17324 -9006 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE S c ��- a File 31 5492 2 V doge; 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: MARCI M. KENNEDY DEVIN M. KENNEDY 10 SMITH ROAD GARDNERS, PA 17324 -9006 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 07/30/2004 MARCI M. KENNEDY and DEVIN M. KENNEDY made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1876, Page 186. By Assignment of Mortgage recorded 10/22/2004 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS which Assignment is recorded in Assignment of Mortgage Book 712, Page 2394. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assigmnent(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2012 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 Filc 11541)2 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 02/01/2013: Principal Balance $99,605.41 Interest $2,801.40 09/01/2012 through 02/01/2013 Late Charges S87.93 Property Inspections $11.25 Mortgage Insurance Premium / $81 Private Mortgage Insurance Escrow Deficit $71.74 TOTAL $102,659.61 7. 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has /have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied assistance by the Pennsylvania Housing Finance Agency. File 315492 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of S 102,659.61, 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, LLP By: J " ichael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff File ., 311492 LEGAL DESCRIPTION All that certain parcel of land in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being known and designated as follows: Beginning at a steel pin set on the southern edge of the cartway of Smith Road (T -531), at lands now or fonnerly of Fred Sowers, said pin marking the common point of adjoiner as Lots Nos. 1 and 4 on the hereinafter mentioned plan of subdivision; thence departing from said pin. Crossing Smith Road and extending along Lots Nos. 1 and 2 on the hereinafter mentioned pi.an of subdivision, North 06 degrees 06 minutes 05 seconds West, for a distance of 445.96 feet to a steel pin at Lot No. 3; thence extending along Lot No. 3, North 59 degrees 46 minutes 30 seconds East, for a distance of 119.69 feet (erroneously referred to as 1193.69 in prior deed) to a steel pin at Lot No. 5, thence extending along Lot No. 5, South 16 degrees 48 minutes 50 seconds East, through a steel pin set on the northern most dedicated right -of -way line of Smith Road, a distance of 31.57 feet from the terminus for this call, for a total distance of 417.58 feet to a pin set in the cartway of Smith Road, near its southern edge, at lands now or fonrerly of Fred Sowers; thence extending in and along the southern edge of Smith Road, and along lands now or formerly of Fred Sowers, South 59 degrees 32 minutes 45 seconds West, for a distance of 205.10 feet to a steel pin on the edge of said cartway at Lot No. 1, said pin marking the place of BEGINNING. Containing 1.515 acres (including right of way). Being Lot No. 4 on a Final Plan of Minor Subdivision for Kimba, Inc., dated October 29, 1986 and recorded in Cumberland County Plan Book 52, Page 20. File it 315492 Being the same premises which Bettie J. Fulton and Jeffrey L. Baughman, by deed dated July 26, 2004, and recorded in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book , Page , granted and conveyed unto Devin M. Kennedy and Marci M. Kennedy, husband and wife. PROPERTY ADDRESS: 10 SMITH ROAD, GARDNERS, PA 17324 -9006 PARCEL # 40 -40- 2656 -OO1C FiIc q: 315492 VERIFICATION Assistant Vice President C C. 0 �D Ar, hereby states that he /she is of PHH MORTGAGE CORPORATION, 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. By PHH Mortgage Corporation, Its authorized agent, Date: 3 1 13 1 7 , iD% 3 Bv 14 PHS #: 315492 :Name: KENNEDY FORM 1 IN THE COURT OF COMMON PLEAS PHII MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. MARC[ M. KENNEDY : = DEVIN M. KENNEDY :r Defendant(s) win y rD NOTICE OF RESIDENTIAL MORTGAGE FORECI:UE 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 tiled 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: Date J n Michael Kolesnik, Esq., Id. No.308877 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: — -- State: Zip: City: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ �_ Realtor Name: Realtor Phone:_ Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): State: Zip: City: Phone Numbers: Home: Office: —_ Cell: Other: Email: - # of people in household: How long'._ Walls KII H R1110 Mailing Address: — State: Zip: City: 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 Lender: - - - - -- "I ype of Loan: -- - Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: _— -- Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ 1 f ves, provide names, location of court, case number & attorney: Asset Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: S $ Investments: $ $ Checking: $ $ Savings: $ S Other: $ $ Automobile #1: Model: Year: Amount owed: Value: _ Automobile # 2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles) Model: Year:_ Amount owed: Value Monthly Income Name of Employers: 1 3 . --- -- Monthly Gross _Monthly Net _ --- Monthly Gross Monthly Net _ �. — Monthly Gross — Monthly et Additional Income Description (not wages): 1 monthly amount: 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 1e Food 2 " Mort a 7e Utilities Car Ila went s Condo/Neigh. Fees Auto Insurance Med, not covered) Auto fuel /re airs Other pro payment Install. Loan Pa ment Cable TV -- Child Su ort /Alim. S ending Moue Day /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 ❑ Ifvcs, 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 ❑ 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 F] 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): Phone: Sery icing Company (Name): Contact: _ Phone: IiWe. 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. I /We understand that I/we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: I. 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 S. 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 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 Flit' T:: 31S41)2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff `Z oi e;atarabrr/�,Jd �T�1_-K � r Jody S Smith Chief Deputy -_:V r- Richard W Stewart Cn �z` Solicitor PHH Mortgage Corporation ' Case Number vs. Marci M Kennedy (et al.) 2013-1482 SHERIFF'S RETURN OF SERVICE 03/25/2013 12:45 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Natalie Kenny, Wife, who accepted as"Adult Person in Charge"for Devin M Kennedy at 110 Go ear Road, West Pennsboro Twp., Carlisle, PA 17015. ` ILL A CLINE, DEPUTY 04/01/2013 07:31 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Marci M Kennedy at 23 Orange St, MT. HOLLY, PA 17065. SON KINSLER, DEPUTY 04/01/2013 09:11 PM - Defendant was not found at 23 Orange Street, Mt. Holly Springs, PA 17065. Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Devin M Kennedy at 110 GOODYEAR RD, CARLISLE, PA 17015. C)v. SON KINSLER, DEPUTY SHERIFF COST: $73.00 SO ANSWERS, April 02, 2013 RbNW R ANDERSON, SHERIFF P:; .-9 r C C'- - PHELAN HALLINAN, LLP _ Joseph P. Schalk, Esq., Id. No 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD Court of Common Pleas MOUNT LAUREL, NJ 08054 Civil Division Plaintiff Term v. No. 2013-1482-CIVIL MARCI M. KENNEDY DEVIN M. KENNEDY Cumberland County 10 SMITH ROAD GARDNERS, PA 17324-9006 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, PHH Mortgage Corporation., Successor (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 20, 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 October 1, 2012, 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 April 1, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure 315492 Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of Service is 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 Defendant 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 Defendant 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 Defendant has 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. Since Defendants opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 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 HA IN• N, LLP / Date: (p id/ BY: - • Jose oh Schalk, Esquire Atto ey for Plaintiff 315492 Exhibit A V i_ ,11.7 2013 MAR 20 ::,1 9: 58 AUNTY %IWO 60 C11 \l1 1 saimituli rGCyQ''� , ,�iMdw�i Zirt00 PHELAN HALLINAN,LLP John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 • CIVIL DIVISION Plaintiff v. TERM p n MARCI M.KENNEDY NO, -J9 0 oC DEVIN M. KENNEDY 10 SMITH ROAD CUMBERLAND COUNTY GARDNERS,PA 17324-9006 Defendants CIVIL ACTION- LAW COMPLAINT IN MORTGAGE FORECLOSURE, File#: 315492 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 (Ins 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 1...AWYER 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 L.AWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER L1 GAl..., SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUM]0k I AND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE: CARLISLE:, E'A 17013 117) 249-3166 (800) 990-9108 rile d: 3[5492 1. Plaintiff is PH 11 MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, Ni 08054 2. The name(s) and last known address(cs) of the Defendant(s) are: MARC' M. KENNEDY DEVIN M. KENNEDY 10 SMITH ROAD GARDNERS, PA 17324-9006 who is/are the mortgagor(s) and/or real owner(s) of the property- hereinafter described. 3. On 07/30/2004 MARC1 M. KENNEDY and DEVIN M. KENNEDY made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1876, Page 186. By Assignment of Mortgage recorded 10/2 /2004 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS which Assignment is recorded in Assignment of Mortgage Book 712, Page 2394. -Hie PLAINTIFF is novv the mortgagee and is in the process of fortnalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File 9: 315492 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 o102/01/2013: Principal Balance $99,605,41 Interest $2,801 .40 09/01/2012 through 02/01/2013 Late Charges $87.93 Property Inspections $11.25 Mortgage Insurance Premium / $81..88 Private Mortgage Insurance Escrow .Deficit $71.74 TOTAL $1 02,659.61. 7. Plaintiff is not seeking a judgment of personal liability (or an in laersoni>m judgment) against the Defendant(s) in the Action; however, PlaintiIfreserves its right to bring a separate Action to establish that right, it 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. 8, Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage age ='lssistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to tlae Defendants) 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. __~__._~ __-_ WHEREFORE, Plaintiff demands an in rem judgment against the Deten in the sum of $102,659.61, 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. PU2LAN H/\LL1NAN, 1.1,1) B hud k:o\emuik, Exq., Td. No.308877 Attorney for Plaintiff Fik,g: 313492 • LEGAL: DESCRIPTION All that certain parcel of land in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being known and designated as fbIlows: Beginning at a steel pin set on the southern edge of the cartway of Smith Road (T-531), at lands now or formerly of Fred Sowers, said pin marking the common point of adjoiner as Lots Nos. 1 and 4 on the hereinafter mentioned plan of subdivision; thence departing from said pin.. Crossing Smith Road and extending along Lots Nos. 1 and 2 on the hereinafter mentioned plan of subdivision, North 06 degrees 06 minutes 05 seconds West, for a distance of 445.96 feet to a. steel pin at Lot No. 3; thence extending along Lot No. 3, North 59 degrees 46 minutes 30 seconds East, for a distance of 1 19.69 feet (erroneously referred to as I 1 93.69 in prior deed) to a steel pin at Lot No. 5; thence extending along Lot No. 5, South 16 degrees 48 minutes 50 seconds East, through a steel pin set on the northern most dedicated right-of-way line of Smith Road, a distance of 31.37 feet from the terminus for this call, for a total distance o1'417.58 feet to a pin set in the cartway of Smith Road, near its southern edge, at lands now or fhrmerly of Fred Sowers; thence extending in and along the southern edge of Smith Road, and along lands now or formerly of Fred Sowers, South 59 degrees 32 minutes 45 seconds West, for a distance of 205.10 feet to a steel pin on the edge of said cartway at Lot No, I, said pin marking the place of BF,G! N1NG. Containing 1.515 acres (including right of way). Being Lot No. 4 on a Final Plan of Minor Subdivision fib 1{ir►1b�► lnc., dated October 29, 1986 and recorded in Cumberland County Plan Book 52, Page 20. Holt; 3156 2 Being the same premises which Bettie J. Fulton and Jeffrey L. Baughman, by deed dated July 26, 2004, and recorded , in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book , Page granted and conveyed unto Devin M. Kennedy and Marci M. Kennedy, husband and wife. PROPERTY ADDRESS: 10 SMITH ROAD, GARDNERS, PA 17324-9006 PARCEL # 40-40-2656-001C riJe#: 315492 ASsistant Vice President \�{c` hereby slates that he/she is nf, KU Mu0lGAGE CORPORATION, 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 oflO Pa. C.S. See. 4904 relating kz uonwurn falsification to authorities. By I1iJ1 Mortgage Corporation, Its authorized agent, Date: 5 ' if / ' oBy ��.�. . ^ PITS #: J|54V2 Name: y.1S18NIID`/ FOmIN1 \ 1N THE COURT 0F COMMON PLEAS yBR MORTGAGE CORPORATION � 0F CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) "», MARC/M. KENNEDY DEVDN KENNEDY Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complanit that could cause you to lose your home. 11 you own and live in the residential property which is the subject of this foreclosure action, you may he 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 upvu,y(2U)days u[your rmeiprof this uobCc. you must cuommK4`dPc*nLegn\ 8rnicv»m(7|7)243'94O8 extension 25|Oo,(800) 822-5288 extension 25|0 and request appointment n/v legal representative mou charge myou, 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 tiled with the Court within sixty(60) days of the service upon you "f the Cnre,Joxvn complaint. If you do so and a conciliatien 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 tbreclosure suit proceeds b/n,and. If you are represented by a lawyer,you and your lawyer must take Ow following steps to he eligible for a cojiciliation conference. It is not necessary fbr you (i. ci:mtact MidPc'mLcuu{3v,,ice8o//b*apnoio/mentofu|o8u| representative. However, you must provide your lawyer with all requested financial infbrrnation 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 ;cbodubd, you will have an opportunity w meet with a representative o[your lender iii an attempt to work out reasonable arguments wid`yourioudo,be8om the mortgage foreclosure xv{tpmxeedu ti-/ward. IF YOU WISH TO SAVE YOUR iiOi\'EE, YOU MUST ACT QUIC1CLY AND TAKE TIl If STEPS REQUIRED BY THIS NOTICE. THIS PROGR AM IS FREE. Respectfully submitted: __- / -_-_- _____ Date J /KoMichuvl Ko\/nuik. E,«. Id. Nm„:408877 Attorney for Piaintifr FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket II BORROWER REQUES'I 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 ageneiy:. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State Zip; Is the property for sale? Yes I I No t I Listing date: Price: S IZetlior Name: Realtor Phone: Borrower Occupied? Yes Et No Mailing Address (if different): City: State: Ziiv Phone Numbers: Home: Office: Cell: Other: Email; # of people in household: How long? . . CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: (.)ther: Email: #of people in household: Ilow long? FINANCIAL INFORMATION First Mortgage I.,ender: Type of Loan: 1.ban Ntimber: Date You Closed Your Loan: Second Mortgage I.:ender: 'type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included-Faxes Sz. Insurance: Date of Last Paynient: Primary Reason ihr I)elatilt: Is the loan in Bankruptcy? Yes Ei No n If yes,provide names, location of court, case number& attorney: Assets Amount Owed: Value: Home: Other Real Estate: S Retirement Funds: Investments: Checking: Savings: Other: Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation(automobiles,boats, inotoreyeles): Model: Year: Amount owed: Value IVIonithly Income Naive of Employers: . Monthly Gross Monthly Net,.....„„„. 2. Monthly(boss Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): . . monthly amount: 2, monthly amount: Borrower Pay I1)ays: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AM 0 UN T EXPENSE. AMOUNT Mortgage Food 2"Mort gage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuellrepairs Other prop. payment Install. loan Paynient Cubic TV Child Sunport/Alim. Spending Money Day/Child Care/Tuit, Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: [lave you been working with a Housing Counseling Agency? Yes _J-1 No If yes, please provide the following information: Counseling Agency: (1ounsclor: Phone(Office): Fax: Email: Have you made application for alonneowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes fl No El 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 fl No { I 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). Phone: Servicing Company (Name). Contact: Phone: AUTHORIZATION I/Wc, , authorize the above named to use/refer this inthnnation to my lender,ser viccr for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature bate 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 hill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smtth : Chief Deputy �, Richard W Stewart `- ' Solicitor c rrEC r;pia : PHH Mortgage Corporation Case Number vs. 2013-1482 Mara M Kennedy(et al. SHERIFFS RETURN OF SERVICE 03/25/2013 12:45 PM-Deputy William Cline, being duly sworn according to law,served'the requested Complaint in mortgage Foreclosure lay handing a true copy to a person representing themselves to be Natalie Kenny, Wife,who accepted a! Adult Person in Charge"for Devin M Kennedy at 110 Go.,, ear Road,West Pennsboro Twp,, Carlisle, PA 17015. iiri LL • 'CLINE,DEPUTY 04/01/2013 07:31 PM-Deputy Jason Kinslsr,being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure by"personally"handing a#rue copy to a person representing themselves to be the Defendant,to wit: Marci M Kennedy at 23 Orange St,MT. HOLLY,PA 17085. SO_ fr v N KINSLER, DEPUTY 04/0112013 09:11 PM-Defendant was not found at 23 Orange Street,Mt Holly Springs,PA 17065. Deputy Jason Kinsler,being duly sworn according to law, served ti a requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves#o be the Defendant,to wit: Davin M Kennedy at 110 GOODYEAR RD,,CARLISLE,PA 17015. y J SON KINSL R e DEPUTY SHERIFF COST:$73.00 SO ANSWERS, aa'---------- April 02,2013 'RONNR ANDERSON,SHERIFF 4{1:C uMp$v,te Shontr,:r, goso t irtc..: PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION Court of Common Pleas 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Civil Division Term Plaintiff v. No. 2013-1482-CIVIL MARCI M. KENNEDY Cumberland County DEVIN M. KENNEDY 10 SMITH ROAD GARDNERS, PA 17324-9006 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: MARCI M. KENNEDY DEVIN M. KENNEDY 10 SMITH ROAD 110 GOODYEAR ROAD GARDNERS, PA 17324-9006 CARLISLE, PA 17015-9407 Date: (O (n((3 B . .�L _ 4 Jo.ep ' . Schalk, squire At orne for Plaintiff 315492 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD Court of Common Pleas MOUNT LAUREL,NJ 08054 Civil Division Plaintiff Tenn V. No.2013-1482-CIVIL MARCI M. KENNEDY DEVIN M. KENNEDY Cumberland County 10 SMITH ROAD GARDNERS,PA 17324-9006 Defendants ORDER AND NOW,this 1 day of <7v%4. 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 THE COURT: J. C4aQ1'CX 02-aALL "'03: ZZ rNo M. cat CD fJ. - 7. to 13 315492 cc : Marci M. Kennedy.and Devin M. Kennedy Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk,Esq., Id. No. 91656 126 Locust Street Harrisburg,PA 17101 215-563-7000 MARCI M. KENNEDY 10 SMITH ROAD GARDNERS,PA 17324-9006 DEV1N M. KENNEDY 110 GOODYEAR ROAD CARLISLE,PA 17015-9407 315492 ' a 'FI CL CF TPA£ PROTHONOTWf PHELAN HALLINAN, LLP Attorney or Plaintiff Jonathan Lobb, Esq., Id. No.3121�1 A�j � � � y 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MARCI M. KENNEDY CIVIL DIVISION DEVIN M. KENNEDY No. 13-1482 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARCI M. KENNEDY and DEVIN M. KENNEDY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $102,659.61 TOTAL $102,659.61 I hereby certify that (1) the Defendants'last known addresses are 23 ORANGE ST, MOUNT HOLLY SPRINGS, PA 17065-1722, 10 SMITH ROAD, GARDNERS, PA 17324- 9006, and 110 GOODYEAR ROAD, CARLISLE, PA 17015-9407, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date �- nathan obb, Esq., Id. No.312174 Attorney for*Kkaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: cli PH#809251 PROTHONOTARY 809251 No h'u- RL (0, PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MARCI M. KENNEDY DEVIN M. KENNEDY No. 13-1482 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief,he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARCI M. KENNEDY is over 18 years of age and has last known addresses at 23 ORANGE ST, MOUNT HOLLY SPRINGS, PA 17065-1722 and 10 SMITH ROAD, GARDNERS, PA 17324-9006. (c) that defendant DEVIN M. KENNEDY is over 18 years of age and has last known addresses at 110 GOODYEAR ROAD, CARLISLE, PA 17015-9407 and 10 SMITH ROAD, GARDNERS;PA 17324-9006. i This statement is made subject to the.penalties of 18 Pa. C.S. Section 4904 relating to unswo: m falsification to authorities. Date �F Z Ph an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 809251 Results as of:Aug-23-2013 12:01:08 'Department of Defense Manpower Data Center SCRA 3.0 ' Status Report Pursuant to Senricemembers Cyril Relief Act Last Name: KENNEDY First Name: DEVIN Middle Name: M Active Duty Status As Of: Aug-23-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and. Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 4101 Ord?. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:AUg-2320,3,2:°':°' SCRA 10 }�d St'latm Re otC ',f t Pursuant to e-mce-inombcas Civil Relief Ac t Last Name: KENNEDY First Name: MARCI Middle Name: M Active Duty Status As Of: Aug-23-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date - Status N Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA -NA I - - - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA NA No 'NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MARCI M.KENNEDY NO. 13-1482 DEVIN M.KENNEDY Defendant(s) CUMBERLAND COUNTY TO: MARCI M.KENNEDY 10 SMITH ROAD GARDNERS,PA 17324-9006 DATE OF NOTICE: a&6 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OB'T'AINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A'T'TORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Joy ian Lobb,Esq.,Id.No.312174 Actorne y for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#809251. PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MARCI M.KENNEDY NO. 13-1482 DEVIN M.KENNEDY Defendant(s) CUMBERLAND COUNTY TO: DEVIN M. KENNEDY 110 GOODYEAR ROAD CARLISLE,PA 17015-9407 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary - CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I I Courthouse Square CUMBERLAND COUNTY COURTHOUSE- Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 B3, Jou han Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#809251 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. MARCI M.KENNEDY NO. 13-1482 DEVIN M.KENNEDY Defendant(s) CUMBERLAND COUNTY TO: DEVIN M. KENNEDY 10 SMITH ROAD GARDNERS,PA 17324-9006 DATE OF NOTICE: +` THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN.AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED. A DISCHARGE IN ,BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS.ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED. TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH-AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU .MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE.OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Ja_ han Lobb, -sq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 161.7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#809251 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. MARCI M.KENNEDY NO. 13-1482 DEVIN M.KENNEDY Defendant(s) CUMBERLAND COUNTY TO: MARCI M.KENNEDY 23 ORANGE ST MOUNT HOLLY SPRINGS,PA 17065-1722 DATE OF NOTICE: y THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: ?aflian Lobb, Esq.,Id.No.312174 for Plaintiff Phelan Hall.inan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#809251 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS MARCI M. KENNEDY DEVIN M. KENNEDY' CIVIL DIVISION No. 13-1482 . Notice is given that a Judgment in the above captioned matter has been entered against you on at0 3. lob By: .. If you have any questions concerning this matter' please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 809251. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-1482 MARCI M.KENNEDY DEVIN M.KENNEDY Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $102,659.61 Interest from 08/27/2013 to Date of Sale $1,688.00 ($16.88 per diem) TOTAL $104,347.61 PhAfan Hallinan,LLP Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#809251 C_ C") {`J� > C 4 t CD-n oc 2:F7 it 4{ C:)r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. MARCI M.KENNEDY DEVIN M. KENNEDY Defendant(s) PRAECIPE FOR WRIT OF EXECUTION r (Mortgage Foreclosure) Filed: Address where papers may be served: MARCI M.KENNEDY PIC66n Hallinan,LLP 23 ORANGE STREET Jonathan Lobb,Esq.,Id. No.312174 MOUNT HOLLY SPRINGS,PA 17065 Attorney for Plaintiff DEVIN M. KENNEDY 110 GOODYEAR ROAD CARLISLE,PA 17015-9407 LEGAL DESCRIPTION All that certain parcel of land in the Township of South Middleton,County of Cumberland and State of Pennsylvania,being known and designated as follows: Beginning at a steel pin set on the southern edge of the cartway of Smith Road(T-531.),at lands now or formerly of Fred Sowers,said pin marking the common point of adjoiner as Lots Nos. 1 and 4 on the hereinafter mentioned plan of subdivision;thence departing from said pin. Crossing Smith Road and extending along Lots Nos. 1 and 2 on the hereinafter mentioned plan of subdivision,North 06 degrees 06 minutes 05 seconds West,for a distance of 445.96 feet to a steel pin at Lot No.3;thence extending along Lot No. 3,North 59 degrees 46 minutes 30 seconds East,for a distance of 119.69 feet(erroneously referred to as 1193.69 in prior deed)to a steel pin at Lot No.5;thence extending along Lot No. 5,South 16 degrees 48 minutes 50 seconds East,through a steel pin set on the northern most dedicated right-of-way line of Smith Road,a distance of 31.57 feet from the terminus for this call,for a total distance of 417.58 feet to a pin set in the cartway of Smith Road,near its southern edge,at lands now or formerly of Fred Sowers;thence extending in and along the southern edge of Smith Road,and along lands now or formerly of Fred Sowers, South 59 degrees 32 minutes 45 seconds West,for a distance of 205.10 feet to a steel pin on the edge of said cartway at Lot No. 1,said pin marking the place of BEGINNING. Containing 1.51.5 acres(including right of way). Being Lot No.4 on a Final Plan of Minor Subdivision for Kimba,Inc.,dated October 29, 1986 and recorded in Cumberland County Plan Book 52,Page 20. TITLE TO SAID PREMISES IS VESTED IN Devin M. Kennedy and Marci M. Kennedy, h/w, by Deed from Bettie J. Fulton and Jeffrey L. Baughman, dated 07/26/2004, recorded 08/03/2004 in Book 264, Page 2568. ' PREMISES BEING: 10 SMITH ROAD,GARDNERS,PA 17324-9006 PARCEL NO.40-40-2656-OOIC PHELAN HALLINAN, LLP - ;t P T F Q fi T + 1 Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 1013 AUG 26 AM 9. 56 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND A�A Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION MARCI M. KENNEDY N0.: 13-1482 DE VIN M. KENNEDY Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan,LLP Jonathan Lobb,Esq.,Id. No.312174 Attorney for Plaintiff PHH MORTGAGE CORPORAT16 N EIL Plaintiff Jr i n E P R 0 f H o,,a E T P,R COURT OF COMMON PLEAS 2913 AUG 26 Arl 9: 56 CIVIL DIVISION V. CUMBERLAND COUNTY NO.: 13-1482 MARCI M. KENNEDY PENNSYLVANIA DEVIN M. KENNEDY Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 10 SMITH ROAD, GARDNERS,PA 17324-9006. 1 Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) MARCI M.KENNEDY 23 ORANGE ST, MOUNT HOLLY SPRINGS,PA 17065-1722 DEVIN M.KENNEDY 110 GOODYEAR ROAD, CARLISLE,PA 17015-9407 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) MARCI M.KENNEDY 23 ORANGE ST, MOUNT HOLLY SPRINGS,PA 17065-1722 DEVIN M.KENNEDY 110 GOODYEAR ROAD, CARLISLE,PA 17015-9407 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH#809251 M f, 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale:' Name Address'(if address cannot be reasonably ascertained,please indicate)- TENANTIOCCUPANT 10 SMITH ROAD GARDNERS,PA 17324-9006 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET .,CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA I HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best.Of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 13 By: Ph an Hallinan,LLP Jonathan Lobb,Esq.,Id,No.31.2174 Attorney for Plaintiff . PHELAN HALLINAN,LLP 1617 JFK Boulevard,-Suite 1400 . One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#809251 PHR MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 13-1482 MARCI M. KENNEDY DEVIN M. KENNEDY CUMBERLAND r- = Defendant(s) C-) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY zc:) C)Ar TO: MARCI M. KENNEDY DEVIN M.KENNEDY 23 ORANGE ST 110 GOODYEAR ROAD MOUNT HOLLY SPRINGS,PA 17065-1722 CARLISLE,PA 17015-9407 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate)at 10 SMITH ROAD,GARDNERS,PA 17324-9006 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$102,659.61 obtained by PHH MORTGAGE CORPORATION(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will'be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (1.0) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 i LEGAL DESCRIPTION All that certain parcel of land in the Township of South Middleton,County of Cumberland and State of Pennsylvania,being known and designated as follows: Beginning at a steel pin set on the southern edge of the cartway of Smith Road(T-531),at lands now or formerly of Fred Sowers,said pin marking the common point of adjoiner as Lots Nos. 1 and 4 on the hereinafter mentioned plan of subdivision; thence departing from said pin.Crossing Smith Road and extending along Lots Nos. 1 and 2 on the hereinafter mentioned plan of subdivision,North 06 degrees 06 minutes 05 seconds West,for a distance of 445.96 feet to a steel pin at Lot No. 3;thence extending along Lot No.3,North 59 degrees 46 minutes 30 seconds East,for a distance of 119.69 feet(erroneously referred to as 1.193.69 in prior deed)to a steel pin at Lot No.5;thence extending along Lot No. 5,South 16 degrees 48 minutes 50 seconds East,through a steel pin set on the northern most dedicated right-of-way line of Smith Road,a distance of,31.57 feet from the terminus for this call,for a total distance of 417.58 feet to a pin set in the cartway of Smith Road, near its southern edge,at lands now or formerly of Fred Sowers;thence extending in and along the southern edge of Smith Road,and along lands now or formerly of Fred Sowers, South 59 degrees 32 minutes 45 seconds West,for a distance of 205.1.0 feet to a steel pin on the edge of said cartway at Lot No. 1,said pin marking the place of BEGINNING. Containing 1.51.5 acres(including right of way). Being Lot No.'4 on a Final.Plan of Minor Subdivision for Kimba,Inc.,dated October 29, 1986 and recorded . in Cumberland County Plan Book 52,Page 20. TITLE TO SAID PREMISES IS VESTED IN Devin M. Kennedy and Marci M. Kennedy, h/w, by Deed from Bettie J. Fulton and Jeffrey L. Baughman, dated 07/26/2004, recorded 08/03/2004 in Book 264, Page 2568. PREMISES BEING: 10 SMITH ROAD,GARDNERS,PA 17324-9006 PARCEL NO.40-40-2656-OO1C w .a • SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1482 PHH MORTGAGE CORPORATION V. MARCI M. KENNEDY DEVIN M. KENNEDY owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 10 SMITH ROAD, GARDNERS PA 17324-9006 Parcel No. 40-40-2656-OOIC (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $102,659.61 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 2013-1482 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff(s) From MARCI M KENNEDY,DEVIN M.KENNEDY (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due:$102,659.61 L.L.:$.50 Interest FROM AUGUST 27,2013 TO DATE OF SALE($16.88 PER DIEM)-$1,688.00 Atty's Comm: Due Prothy: $2.25 Atty Paid:$221.75 Other Costs: Plaintiff Paid: Date: August 26,2013 David (Sea]} By. Deputy REQUESTING PARTY: Name:JONATHAN LOBB,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312174 AFFIDAVIT OF SERVICE ' PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION PH#809251 DEFENDANT SERVICE TEAM/lxh MARCI M.KENNEDY COURT NO.: 13-1482 DEVIN M.KENNEDY SERVE DEVIN M.KENNEDY AT: TYPE OF ACTION 110 GOODYEAR ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17015-9407 SALE DATE: December 4,2013 **DIVORCED-One cannot accept service for the other** SERVED !W,and mad known to DEVIN M.KENNEDY,Defendant on the-L day of "-!20 f�,at LL ,o'clock .M.,at 110 6m17yr;tk& in the manner described below: Defendant personally served. YKAdult family member with whom Defendant(s)r side(s). Relationship is�' E_NV' � _Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: Description: Age1 S Height Weight 1 - Race Sex Other a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unworn falsification to authorities. DATE: t� NAME: PRINTED NAME: Vr TITLE: NOT SERVED On the da of 20 ,at o'clock_.M.,I, a competent adult hereby state that Defendant�3ecause: _Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP rr1 w 1617 JFK Boulevard,Suite 1400 2:M M M r-, One Penn Center Plaza 's t"'t Philadelphia,PA 191.03 fV p6 (215)563-7000 f Mm =p _F 3 CDtTJ b • FrW :HUNG w PL:IL e, Phelan Hallinan, LLP •i;;3 OCT 23 t: Allison F. Zuckerman, Esq., Id. No.3095 X'1I"bRNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUM2ERL AND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County MARCI M. KENNEDY DEVIN M. KENNEDY • No.: 13-1482 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 20, 2013. 2. Judgment was entered on August 26, 2013 in the amount of$102,659.61. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item • which can be calculated from the complaint, i.e. bringing the interest current.. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 4, 2013. 809251 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $99,605.41 Interest Through January 1, 2014 $8,964.48 Late Charges $87.93 Legal fees $1,725.00 Cost of Suit and Title $1,071.75 Property Inspections $90.00 Property Preservation $1,916.25 Mortgage Insurance Premium to be paid $200.35 Escrow Deficit $3,528.24 TOTAL $117,189.41 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12, 2013 . 809251 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: /C)/2 By' erllison F. �•� an, Esquire VI/i Y FOR PLAINTIFF • 809251 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION : Court of Common Pleas Plaintiff • Civil Division v. • • CUMBERLAND County • MARCI M. KENNEDY DEVIN M. KENNEDY : No.: 13-1482 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MARCI M. KENNEDY and DEVIN M. KENNEDY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 10 SMITH ROAD, GARDNERS, PA 17324-9006. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 809251 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 809251 Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 809251 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 809251 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 809251 VU. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 809251 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 809251 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: to `"2 By: '� l� . uckerman, Esquire Attorney for Plaintiff 809251 Exhibit "A" 809251 :..... .. a • �'__...L...j. .r ,� `. .P' X99 A_ a_ ,.P[. :.. OF I JCL. CF THE PROTHONOTARY PHELAN HALLINAN,LLP c- Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.3121.7 � Al ' 26 �hI r 0-t 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza P E NN S Y LVA N1 A Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS MARCI M. KENNEDY : CIVIL DIVISION DEVIN M.KENNEDY : No. 13-1482 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARCI M. KENNEDY and DEVIN M. KENNEDY, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $102,659.61 TOTAL $102,659.61 I hereby certify that (1) the Defendants'last known addresses are 23 ORANGE ST, MOUNT HOLLY SPRINGS, PA 17065-1722, 10 SMITH ROAD, GARDNERS, PA 17324- 9006, and 110 GOODYEAR ROAD, CARLISLE, PA 17015-9407, and (2)that notice has been given in accor dance with Rule Pa.R.C.P 237.1. Date 19/23 1 1--s r'rrt.v nathan Lobb, Esq., Id. No.312174 Attorney for Kaintiff • DAMAGES_ARE H REBY ASSESSED AS INDICATED. DATE: 6f�6)itJ • PH#809251 PROTHONOTARY • a .pi I it.SO p4 809251 gitorto7 ry hee /e • • . •. • Exhibit "B" 809251 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11th,2013 MARC1 M. KENNEDY DEVIN M. KENNEDY 23 ORANGE ST 110 GOODYEAR ROAD MOUNT HOLLY SPRINGS, PA 17065-1722 CARLISLE,PA 17015-9407 RE: PHH MORTGAGE CORPORATION v. MARCI M. KENNEDY and DEVIN M. KENNEDY Premises Address: 10 SMITH ROAD GARDNERS,PA 17324 CUMBERLAND County CCP,No. 13-1482 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Alliso Luck gnan,E .. I. o.309519 .Alto* •'y for Plaint • Enclosure 809251 ICs — and Phelan Hallin i an,LLP �: as 1617'PK Boulevard,Suite 1,100 �tA Oder One Penn Center Plaza j t�l Philadelphia,PA 19103 .. KVM 18 -.:.. '` 4.Article Number Name of Addressee,Street,and Post Office Address Postage *� MARCI IN.KENN?DY 50.45 1 rn r'4eti 23 ORANGE ST ∎' . MOUNT HOLLY SPRINGS,PA 17065-1722 o a,o '> Ki iA** MARCI M.KENNEDY _.._..._ 5045 a r.:2 ,:..:.se; o, N6f1 DEVIN M.KENNEDY 10 SMITH ROAD ..* GARDNERS,PA 173249006 ,` at r DIN ML KENNEDY DY "..t...".--,,...!...,!':"• 110 GOODYEAR ROAD sI1.45 °: ' 4 '`a CARLISLE,PA 170154407 . RE;MARCI M.KENNEDY(CUMBERLAND) PH 0 50925111200 :Page I oft SL3S .: /.,,ti., t:,. mbar of Total Notobes of Picas Postmaster,Per SName of the full dcc�a'on of sett.a taunted ou all dumchiic and iMestathotW mimered mail.Them . fisted by Seuder Receirea a Rost Office Recrottag Empkyeet far the retonsrrue,ion of mmnegotiabk doeamems louder Express Marl docenent recoeStracNC n .. piece subject to a broil of SS00,000 pa occurrence The maximum mac-amity Payable on ExfarSa A' s The muinmm indemnity payabk is 525.000 for reeisterod marl._cot with egnonal f4SUtnace. l r .._ _8900 S91?and 5421 far laniutian:ofw'°'°E_-_.. - i %3877 Facsimile ;..x;11 809251 • • • • Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • Civil Division v. CUMBERLAND County MARCI M. KENNEDY • DEVIN M. KENNEDY • No.: 13-1482 • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MARCI M. KENNEDY MARCI M. KENNEDY 23 ORANGE ST DEVIN M. KENNEDY MOUNT HOLLY SPRINGS, PA 17065-1722 10 SMITH ROAD GARDNERS, PA 17324-9006 DEVIN M. KENNEDY 110 GOODYEAR ROAD CARLISLE, PA 17015-9407 Phelan Hallinan,LLP DATE: ) 1)11Q7A By: / �llis /TTa •- .n, Esquire • ATTORNEY FOR PLAINTIFF • 809251 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County MARCI M. KENNEDY • DEVIN M. KENNEDY No.: 13-1482 Defendants RULE AND NOW,this L Y day of Omit.6...0 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. Cop I-es /121.t 484"44 €4://r kg..0,3€4 /o ,g f,3 809251 Allison F.Zuckerman,Esq., Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 MARCI M. KENNEDY MARCI M. KENNEDY 23 ORANGE ST DEVIN M. KENNEDY MOUNT HOLLY SPRINGS, PA 17065-1722 10 SMITH ROAD GARDNERS, PA 17324-9006 DEVIN M. KENNEDY 110 GOODYEAR ROAD CARLISLE, PA 17015-9407 809251 • 809251 i ( _yI r 213 NOV -7 AM 10: 20 CUMBERLAND COUNT`';" PENNSYLVANIA Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik @phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • vs. • Civil Division • MARCI M. KENNEDY • CUMBERLAND County DEVIN M. KENNEDY • • No.: 13-1482 Defendants • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MARCI M. KENNEDY MARCI M. KENNEDY 23 ORANGE ST DEVIN M. KENNEDY MOUNT HOLLY SPRINGS, PA 17065-1722 10 SMITH ROAD GARDNERS, PA 17324-9006 DEVIN M. KENNEDY 110 GOODYEAR ROAD CARLISLE, PA 17015-9407 Phelan . al '•. Or P DATE: /7/ By: Jo ichael Kolesnik, Esq., Id.No.308877 Attorney for Plaintiff 809251 , . PHELAN HALLINAN,LLP Attorney for Plaintiff John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza "' Philadelphia,PA 19103 . — w ;" John.Kolesnik @phelanhallinan.com t°na) . r"'�,a: 215-563-7000 u�r- t C., -<1"' cx) ; :. IN THE COURT OF COMMON PLEAS n c--i OF CUMBERLAND COUNTY,PENNSYLVANIA ea f • PHH MORTGAGE CORPORATION CUMBERLAND COUNTY tiP"F :F-= Plaintiff, PO . COURT OF COMMON PLEAS v. . CIVIL DIVISION MARCI M.KENNEDY . DEVIN M.KENNEDY : No.: 13-1482 Defendant(s) . AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached here .), . •'s-t"A". Joh .0 'ael Kolesnik,Esq.,Id.No.308877 J ' 'orney for Plaintiff Date: ///71/ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#809251 ■ . v . co 11 c) 7,2 '`?. Name and Phelan Manhole,LLP N•allik 1617 IRK Boulevard,Suite 1400 0,._ Of Sender. One Penn Censer Maze • .,,ill 0 Philadelphia,PA 1910:1 AZK/CET,12/94/2013 SALE Line Article Number Name of Addrerrice,Street,and Post Office Addre.ss Postage 1 1..ie TENANT/OCCUPANT $0.45 1 01 F 77a 10 SMITH ROAD a $1E'l GARDNERS,PA,17354.9006 (4 vil&-tieS NCO 2 ; "*. Domestic Relations of $0.45 Cumberland County y.l.:. 13 North Hanover Street Wirre.,,Mil Carlisle,PA 17013 evi*,,,,tiratte; 3 . •*** Commonwealth of Department or Welfare P.O.Box 2675 HarrisbOrg,-PA 17105 4 , ass* Internal Revenue Service Achisory $0.45 1000 Liberty Avenue Room 704 . Pittsburgh,PA 15222 . .... , 5 w* U.S.Department al Justice $0.45 U.S.Attorney for the Middle District of PA . Peden]Building 228 Walnut Street,Suite 220 PO Dog 11754 \, g 1 . Harrisburg.PA 17108.1154 I • . ItgvattlAILCIA4v*PINPritsVITM1373IMITsr-,92111PROYESIMY/f-- -Polietit —Writ TeaM '1/15.--- . . ' ' Ttall Wm*,III. -lowalMonhes of Kftert 1,e47.01rt.P,(14....nt 11.MI florliennlon of whr I,nyuimet moll&wee*.seri inierno 6.1 trsionr.14 1,141 I l'Irrnslirmrn Mr+min/tuy0.1, Neat UOed hy ...vier litveivelvt het Orrin Rad,*tunp4oye,t) fir dr resnerortrinv of nvonotiabk 00.1117011%wad.tares*Moil daroment wavrarrateriimurom it SAM re tokce nb}'o to a limit of1500,t10)per atom:not.Tee owslmaro Indenvilypaphic on Nam Mull fortchodire is VW Ile nniudrAft,imixtv■Ity yeparle is 325,C00 tot trees:1W mil.mot Otto opionol Imarao.r.54;i-EN govak KW Ataual . MP 59 If PM SSZ I for I tlit,Vitm e{anfigit. Form 3877 Facsimile . . . z ro• , , 4.., .. . . • ■ 'IL.F0-OF FICE CF THE PROTHONOTARY 20i3 NOV 18 Al 9: 42 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas • Plaintiff • Civil Division vs. • • CUMBERLAND County • MARCI M. KENNEDY DEVIN M. KENNEDY • No.: 13-1482 • Defendants MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 23, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 11, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 809251 ■ 3. A Rule was issued on October 24, 2013 directing the Defendants to show cause by November 13, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 6, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 13, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: IV/S /3 By: John D. ,Esq., . o.312244 Attorney for Plaintiff 809251 Exhibit "A" 809251 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 11th,2013 MARCI M. KENNEDY DEVIN M. KENNEDY 23 ORANGE ST 110 GOODYEAR ROAD MOUNT HOLLY SPRINGS, PA 17065-1722 CARLISLE,PA 17015-9407 RE: PHH MORTGAGE CORPORATION v. MARCI M. KENNEDY and DEVIN M. KENNEDY Premises Address: 10 SMITH ROAD GARDNERS,PA 17324 CUMBERLAND County CCP,No. 13-1482 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 10/17/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allis°. Zueke i an E° ti,Ia o.309519 Attu • Ay for Plaints Enclosure 809251 C m land Phelan Hallimn,LLP Ill c°a as 1617 JFK Boulevard,Suite 1400 rider One Penn Center Plaza N i Philadelphia,PA 19103 KVM 1 Article Number Name of Addressee,Street,and Post Office Address Postage A i 40) **** MARCI M.KENNEDY 50.45 A 23 ORANGE ST 01 mM **** MOUNT HOLLY SPRINGS,PA 170651 722 MARCI M.KENNEDY $0.45 v:Jf Nan DEVIN M.KENNEDY . 4/y.;�„. 10 SMITH ROAD o 15'•+•f x GARDNERS,PA 17324-1006 ':= ti ***a DEVIN M.KENNEDY 50.45 •v. , 110 GOODYEAR ROAD � CARLISLE,PA 17015-9407 7. RE:MARCI M.KENNEDY(CUMBERLAND) PH#809251/1200 Page 1 of I ' 51.35 n anber,of Total Number ofPkcu Postmasle,Pei(Nam a of Tlic tun deciaruioo of valor is retuned on all domestic and i gemationat registered mad.The .,!sled by Sender Reetised at Pmt Office Receiving Employee) for a,ecc nsetionafnnrmegotiahte doedmems utdes Express Msil dome/teat oeoputua*P pies snhjed to a lima of S300,000 per oeemecilee.The maximum indemnity payable on E The mashrtnm Indemnity payable isS23,000 for eegn.eeed man.sera with optional incarsnce,B900 5913 and 5921 tar limiseions afeasenge. 1, 1 i 3877 Facsimile t I I 1 809251 I Exhibit "B" 809251 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division v. • CUMBERLAND County MARCI M. KENNEDY DEVIN M. KENNEDY No.: 13-1482 Defendants RULE AND NOW,this 44 :.. .day of ,-....2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ;. JY.. CI)_ N . ' fl 809251 Allison F.Zuckerman,Esq.,Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 MARCI M.KENNEDY MARCI M. KENNEDY 23 ORANGE ST DEVIN M.KENNEDY MOUNT HOLLY SPRINGS,PA 17065-1722 10 SMITH ROAD GARDNERS,PA 17324-9006 DEVIN M. KENNEDY 110 GOODYEAR ROAD CARLISLE,PA 17015-9407 809251 809251 Exhibit "C" Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik @phelanhallinan.corn 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff vs. Civil Division MARCI M. KENNEDY CUMBERLAND County DEVIN M. KENNEDY No.: 13-1482 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 24, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MARCI M. KENNEDY MARCI M. KENNEDY 23 ORANGE ST DEVIN M. KENNEDY MOUNT HOLLY SPRINGS, PA 17065-1722 10 SMITH ROAD GARDNERS,PA 17324-9006 DEVIN M. KENNEDY 110 GOODYEAR ROAD CARLISLE,PA 17015-9407 Phelan ,l DATE: / Bye` Jul ichael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff 809251 CA • 1 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • MARCI M. KENNEDY DEVIN M. KENNEDY • No.: 13-1482 Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MARCI M. KENNEDY MARCI M. KENNEDY 23 ORANGE ST DEVIN M. KENNEDY MOUNT HOLLY SPRINGS,PA 17065-1722 10 SMITH ROAD GARDNERS, PA 17324-9006 DEVIN M. KENNEDY 110 GOODYEAR ROAD CARLISLE, PA 17015-9407 Phelan Hall' an LP DATE: 11115113 By: John D. Kr , sq., Id.No.312244 Attorney for Plaintiff 809251 CUMBERLAND COU i i IN THE COURT OF COMMON PLEAS PENNSYLVANIA CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff VS. Civil Division MARCI M. KENNEDY CUMBERLAND County DEVIN M. KENNEDY No.: 13-1482 Defendants ORDER AND NOW, this z 6' day of Lhr*v, , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $99,605.41 Interest Through January 1, 2014 $8,964.48 Late Charges $87.93 Legal fees $1,725.00 Cost of Suit and Title $1,071.75 Property Inspections $90.00 Property Preservation $1,916.25 Mortgage Insurance Premium to be paid prior to December $200.35 4, 2013 Escrow Deficit $3,528.24 TOTAL $117,189.41 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. (2o . B COUNT: P I-J . "Ai" /� ,6 `� J. ' L- • V.�A�EC� 809251 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE iFTHE $ ERIFF -;; 1 HE PROTHONOTARY ?GAP, MAR 27 PM 2: CUMBERLA ND COUNTY !� rENNsYL`tAN!A PHH Mortgage Corporation vs. Marci M Kennedy (et al.) Case Number 2013 -1482 SHERIFF'S RETURN OF SERVICE 09/25/2013 03:21 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 10 Smith Road, South Middleton - Township, Gardners, PA 17324, Cumberland County. 09/26/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Devin M. Kennedy, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 110 Goodyear Road, Carlisle, PA 17015, defendant does not reside at address stated, current occupants have been here for approx. 3 years. 10/01/2013 08:27 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Marci M Kennedy at 23 Orange St, MT. HOLLY, PA 17065, Cumberland County. 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of $40,000.00 to Attorney Joseph Schalk, on behalf of PHH Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,968.48. SO ANSWERS, February 18, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. On August 29, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 10 Smith Road, Gardners, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 29, 2013 By: Oak 6fLA Real Estate Coordinator •.h :b V LZ SIN El ill __:`jam 7 _,_1. ., LXII41 , CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -1482 Civil Term PHH MORTGAGE CORPORATION •■ MARCI M. KENNEDY, Deviri M. Kennedy" Atty.: Joseph- Schalk ' By virtue of.a Writ of Execution ' Nog 13 -1482, PHH MORTGAGE CORI ' ' PORATION v.'MARCI M. KENNEDY, , DEVIN M. KENNEDY owner(s) of property situate in SOUTH MIDDLE- TON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 10 SMITH ROAD. GARDNERS. PA 17324 -9006. Parcel No. 40 -40- 2656 -001C. '- Improvements thereon: RESIDEN- .TIAL DWELLING.. .o. -. -- - Judgment Amount: $102,659.61. t 73 The Patriot -News Co. .2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717- 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Lie Llatriot*Xews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and /or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317. 2013 -1482 CIvII Term PHH MORTGAGE CORPORATION vs. MARCI M KENNEDY Davin M Kennedy Aty: Joseph Schalk By virtue of a Writ of Execution No. 13 -1482 ' PHH MORTGAGE CORPORATION V. MARCI M. KENNEDY DEVIN M. KENNEDY owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, ' CUMBERLAND County, Pennsylvania, being 10 SMITH ROAD. GARDNERS. PA 1732A- 9006 Parcel No. 40- 40- 2656-0O1C (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $102,659.61 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to nd subscribed before me this 11 day of November, 2013 A.D. JPA t 1 ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal public Holly Lynn Warfel, Notary Washington Twp., Dauphin 220 6 Commission Expires Dec. MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES PROPOSED SCHEDULE OF DISTRIBUTION Date Filed: December 30, 2013 Writ No. 2013-1482 Civil Term PHH Mortgage Corporation Vs Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324 Sale Date: December 4, 2013 Buyer: PHH Mortgage Corporation Amount Due: $ 102,659.61 Interest: 1,688.00 Attorney Paid: 221.75 Total: $ 104,569.36 DISTRIBUTION: Receipts: Cash on Account (08/29/2013): Cash on Account (12/04/2013): Credit Writ 2013-1668 Civil Term Total Receipts: 1,500.00 4,000.00 34,500.00 $ 40,000.00 Disbursements: Sheriffs Costs $ 1,618.48 Legal Search 350.00 Refund of Advance Costs to Atty: Joseph Schalk 1,500.00 Paid to Attorney Joseph Schalk 2,031.52 Credit Writ No. 2013-1482 Civil Term 34,500.00 Total Disbursements: ($40,000.00) Balance for distribution: 00.00 Ronny R. Anderson Sheriff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PHH Mortgage Corporation is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 26th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 1482, at the suit of PHH Mortgage Corporation against Marci M. Kennedy and Devin M. Kennedy is duly recorded as Instrument Number 201406189. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation : Court of Common Pleas 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 : Civil Division Plaintiff : Cumberland County e ; iI 2011i APi? 21 AU 9:5 CLIME3Ei?L A ND COUY PENNSYLVANIA NT ATTORNEY FOR PLAINTIFF vs. : No. 13-1482 Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Defendants MOTION FOR ORDER DECLARING HOME AS REAL PROPERTY AND TO CONFIRM SHERIFF'S SALE, NUNC PRO TUNC Plaintiff, PHH Mortgage Corporation, by its attorneys, Phelan Hallinan, LLP, hereby moves this Honorable Court for an Order declaring the manufactured or mobile home is real property and permanently attached to and part of the land and confirming the Sheriffs Sale, nunc pro tune, and in support thereof avers the following: 1. By deed dated September 4, 1998, Bettie J. Fulton and Jeffrey L. Baughman (the Prior Owners ") acquired title to the property located at 10 Smith Road, Gardners, PA 17324- 9006 ( "the Property "). A true and correct copy of the deed is attached hereto, made part hereof, and marked as Exhibit "A ". 2. By deed dated July 26, 2004, the Prior Owners conveyed the Property to Defendants, Marci M. Kennedy and Devin M. Kennedy. A true and correct copy of the deed is attached hereto, made part hereof, and marked as Exhibit "A 1". 3. A manufactured or mobile home was installed on the land and permanently affixed thereto. 4. Under Pennsylvania law, when chattels are permanently affixed to land, they become fixtures and part of the real estate. 5. All parties intended that the manufactured or mobile home become a fixture on the land and therefore become part of the real estate. 6. On or about July 30, 2004, Defendants made, executed and delivered a mortgage on the Property to Cendant Mortgage Corporation in the principal sum of $113,007.00, which mortgage was recorded on August 3, 2004 in the Office of the Recorder of Deeds of Cumberland County in mortgage book 1876, page 0186. A copy of the Mortgage redacted to remove confidential information is attached hereto, made part hereof, and marked as Exhibit "B ". 7. Cendant Mortgage Corporation delivered an Assignment of Mortgage to Mortgage Electronic Registration Systems, Inc., which assignment was recorded on October 22, 2004 in the Office of the Recorder of Deeds of Cumberland County in book 712, page 2394. A copy of the Assignment of Mortgage redacted to remove confidential information is attached hereto, made part hereof, and marked as Exhibit "B l ". 8. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on February 1, 2013 in the Office of the Recorder of Deeds of Cumberland County as Instrument Number 201303565. A copy of the Assignment of Mortgage redacted to remove confidential information is attached hereto, made part hereof, and marked as Exhibit `B2 ". 9. All parties to the Mortgage intended that the Mortgage would encumber and be a lien against the entire real estate of Defendants, both land and fixtures. 10. In anticipation of the Mortgage loan, the Property, both land and house together, was appraised. The appraisal notes that the home is a manufactured home. A copy of the appraisal, redacted to remove personal information, is attached hereto, made part hereof, and marked as Exhibit "C ". 11. Plaintiff recently obtained photographs of the house which reflect a front porch, landscaping, and permanent utility hookups which show the home's permanent affixation to the land. True and correct copies of the photographs of the subject Property are attached hereto, made part hereof, and marked as Exhibit "D ". 12. The property had been assessed in part for "land value ", and in part for "building value ", under a tax parcel I.D. number of 40-40-2656-001C. The county tax records note that the property is a manufactured home. A true and correct copy of the tax assessment record is attached hereto, made part hereof', and marked as Exhibit "E ". 13. Plaintiff inquired of the Pennsylvania Department of Transportation ( "PennDOT ") and was informed that there is no mobile home registered in the Defendants' names. Vehicle title to one 1999 Dutch Housing mobile home, bearing vin number 20130E, was located in the name of the prior owners. However, vehicle title to the mobile home has been cancelled. A vehicle record abstract issued by PennDOT for a mobile home indicates an "M" stop when the Pennsylvania certificate of title has been cancelled. A copy of the vehicle record abstract, redacted to remove confidential information, is attached hereto, made part hereof, and marked as Exhibit "F ". 14. Defendants defaulted on the Mortgage by failing to tender payments due October 1, 2012 and each month thereafter. 15. On or about March 20, 2013, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "G ". 16. Defendants failed to respond to the Complaint and Plaintiff obtained an in rem default judgment against Defendants on August 26, 2013. A true and correct copy of the praecipe for entry of default judgment is attached hereto, made part hereof, and marked as Exhibit "H ". 17. On December 4, 2013 the property was sold at Sheriff's sale to the attorney on the writ. 18. The Sheriff's Deed to Plaintiff was recorded in the Office of the Recorder of Deeds of Cumberland County on March 27, 2014 as Instrument Number 201406189. 19. Plaintiff is requesting the entry of a Court Order declaring the house is a fixture, and therefore part of the real estate, so that when Plaintiffs sells the Property, the buyer will acquire clear title to the house and land. 20. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. 21. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Order Declaring Home as Real Property and Order to the Defendants on April 4, 2014 and requested the Defendants concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "I ". 22. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an Order to Reassess Damages dated November 20, 2013. WHEREFORE, Plaintiff PHH Mortgage Corporation respectfully requests that this Honorable Court declare the land at 10 Smith Road, Gardners, PA 17324 -9006 with a tax parcel I.D. number of 40-40-2656-001C, and the manufactured or mobile home which is permanently affixed thereto, is one parcel of real estate and further order and decree that title to said fixture passed to Plaintiff at Sheriff's Sale and will pass with any subsequent conveyance of the Property, and any other relief as the Court deems appropriate. Date: PHELAN HALLINAN, LLP By: L ren R. Tabas, Esquire J eph E. DeBarberie, Esquire Attorneys for Plaintiff PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 -1814 (215) 563 -7000 ATTORNEY FOR PLAINTIFF PHH Mortgage Corporation : Court of Common Pleas 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 : Civil Division Plaintiff : Cumberland County vs. : No. 13 -1482 Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324 -9006 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER DECLARING HOME AS REAL PROPERTY AND TO CONFIRM SHERIFF'S SALE, NUNC PRO TUNC I. FACTS AND PROCEDURAL HISTORY By deed dated September 4, 1998, Bettie J. Fulton and Jeffrey L. Baughman ( "the Prior Owners ") became owners of the Property located at 10 Smith Road, Gardners, PA 17324 -9006 ( "the Property "). See Ex. A. By deed dated July 26, 2004, the Prior Owners conveyed the Property to Defendants, Marci M. Kennedy and Devin M. Kennedy. See Ex. Al. A manufactured or mobile home was installed on the land and permanently affixed thereto. All parties intended that the manufactured or mobile home become a fixture on the land and therefore become part of the real estate. On or about July 30, 2004, Defendants made, executed and delivered a mortgage upon the Property to Cendant Mortgage Corporation in the principal amount of $113,007.00 which was recorded on in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1876, Page 0186 ( "the Mortgage "). See Ex. B. Cendant Mortgage Corporation delivered an Assignment of Mortgage to Mortgage Electronic Regisration Systems, Inc. See Ex. B 1. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff. See Ex. B2. Defendants defaulted on the mortgage by failing to tender payments due October 1, 2012 and each month thereafter. All parties to the Mortgage intended that it would encumber and be a lien against the entire real estate of Defendants, both land and fixtures. In anticipation of the Mortgage loan, the Property, both land and house together, was appraised. See Ex. C. Plaintiff recently obtained photographs of the house which a front porch, landscaping, and permanent utility hookups which show the home's permanent affixation to the land. See Ex. D. The Property has been assessed in part for "land value," and in part for "building value," under tax parcel identification number 40- 40- 2656 -001 C. See Ex. E. Plaintiff inquired of the Pennsylvania Department of Transportation ( "PennDOT ") and was informed that there is no mobile home registered in the Defendants' names. However, vehicle title to the mobile home has been cancelled. A vehicle record abstract issued by PennDOT for a mobile home indicates an "M" stop when the Pennsylvania certificate of title has been cancelled. See Ex. F. installed on the land and permanently affixed thereto. All parties intended that the manufactured or mobile home become a fixture on the land and therefore become part of the real estate. On or about July 30, 2004, Marci M. Kennedy and Devin M. Kennedy made, executed and delivered a mortgage upon the Property to Cendant Mortgage Corporation in the principal amount of $113,007.00 which was recorded on in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1876, Page 0186 ( "the Mortgage "). See Ex. B. Cendant Mortgage Corporation delivered an Assignment of Mortgage to Mortgage Electronic Regisration Systems, Inc. See Ex. B 1. Mortgage Electronic Registration Systems, Inc. delivered an Assignment of Mortgage to Plaintiff. See Ex. B2. Defendants defaulted on the mortgage by failing to tender payments due October 1, 2012 and each month thereafter. All parties to the Mortgage intended that it would encumber and be a lien against the entire real estate of Defendants, both land and fixtures. In anticipation of the Mortgage loan, the Property, both land and house together, was appraised. See Ex. C. Plaintiff recently obtained photographs of the house which a front porch, landscaping, and permanent utility hookups which show the home's permanent affixation to the land. See Ex. D. The Property has been assessed in part for "land value," and in part for "building value," under tax parcel identification number 40- 40- 2656 -001 C. See Ex. E. Plaintiff inquired of the Pennsylvania Department of Transportation ( "PennDOT ") and was informed that there is no mobile home registered in the Defendants' names. However, vehicle title to the mobile home has been cancelled. A vehicle record abstract issued by PennDOT for a mobile home indicates an "M" stop when the Pennsylvania certificate of title has been cancelled. See Ex. F. Defendants are in default under the terms of the Mortgage by failing to make payments due and owing to Plaintiff for October 1, 2012 and each month thereafter. On March 20, 2013, Defendants are in default under the terms of the Mortgage by failing to make payments due and owing to Plaintiff for October 1, 2012 and each month thereafter. On March 20, 2013, Plaintiff filed a complaint in mortgage foreclosure against Defendants. See Ex. G. Defendants failed to respond to the Complaint and Plaintiff obtained an in rem default judgment against Defendants on August 26, 2013. See Ex. H. On December 4, 2013 the property was sold at Sheriff's sale to the attorney on the writ. The Sheriff's Deed to Plaintiff was recorded in the Office of the Recorder of Deeds of Cumberland County on March 27, 2014 as Instrument Number 201406189. Because the house is a manufactured or mobile home, a third -party purchaser of the Property may not be able to obtain insurable title. An issue that creates unmarketable or uninsurable title, such as here, is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the real estate to include both the house and land, so that any subsequent purchaser of the Property will acquire clear title to the house and land and will be able to obtain 14' an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. II. LEGAL ARGUMENT A. Chattels Affixed to Land Become Fixtures Thereon and Part of the Real Estate. The purchasers of the manufactured or mobile home intended that it be permanently affixed to the land and the parties to the Mortgage intended that the improvement be included as security for the Mortgage loan. In Pennsylvania, a chattel can become a fixture through at least two ways: first, if the chattel is physically connected with real estate but is removable without destroying or materially injuring the chattel or the land, then the intention of the parties at the contrary intention. See Clayton v. Lienhard, 312 Pa. 433, 167 A. 321 (Pa. 1933); In re Appeal of Sheetz, Inc., 657 A.2d 1011, 1012 -13 (Pa. Commw. Ct. 1995). Thus, there are at least three considerations to be made when determining whether or not a chattel becomes a fixture: (1) the manner in which the chattel is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement, and (3) the intention of the parties who attached or installed the chattel. See Sheetz, 657 A.2d at 1013 (quoting Gore v. Bethlehem Area Sch. Dist., 113 Pa. Commw. Ct. 394, 537 A.2d 913, 915 (Pa. Commw. Ct. 1988)). As the Superior Court noted, whether a manufactured or mobile home is "permanently attached to land" must be determined from all the facts and circumstances. See Lantz Appeal, 199 Pa. Super. 310, 184 A.2d 127, 129 (Pa. Super. Ct. 1962) (deciding whether house trailers at issue were real estate for tax assessment purposes). The permanence required does not mean perpetuity; intentions that the item is to remain until worn out, remain until the purpose of the realty is accomplished or changed, or remain until the item is superseded by another item more suitable for the purpose would be sufficient. See Custer v. Bedford County Bd. of Assessment & Revision of Taxes, 910 A.2d 113, 117 (Pa. Commw. Ct. 2006); Sheetz, 657 A.2d at 1013. Likewise, the Mortgage covers the land and "all the improvements now or hereafter erected on the property... and all ...fixtures now or hereafter a part of the property." See Ex. B at 2. "Improvement" has been defined as a "permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs." See Groner v. Monroe Cnty. Bd. of Assessment Appeals, 569 Pa. 394, 803 A.2d 1270, 1273 (Pa. 2002) (quoting Spahr -Alder Grp. v. Zoning Bd. of Adjustment of Pittsburgh, 135 Pa. Commw. 561, 581 A.2d 1002, 1004 (Pa. Commw. Ct. 1990)) (deciding whether building renovations were "improvements" which would be cause for tax reassessment). Here, the purchasers of the manufactured or mobile home and the parties to the Mortgage have manifested their intent that the dwelling be permanently affixed to the land. Cf. 72 P.S. § 5020- 201(a) (including as subject to taxation "all real estate, to wit: Houses, house trailers and mobilehomes buildings permanently attached to land or connected with water, gas, electric or sewage facilities .... "); Lower Merion Twp. v. Gallup, 158 Pa. Super. 572, 46 A.2d 35, 36 (Pa. Super. Ct. 1946) (finding that house trailers are simply "mobile houses [and] ... as much a dwelling as any house" and are "dwellings" under building code). As to the manner in which the home is physically attached to the land, photographs of the Property show that there are utility hookups, a front porch, and landscaping; the interior of the dwelling is replete with the amenities of any other home. The home does not have any wheels or axels and would require effort and expense to detach and prepare for transit. The home cannot be removed without damaging the home by disconnecting the hookups or by damaging the land by leaving an unused foundation and porch. Further, removal of the home would materially alter the character of the real estate. Unlike chattels considered in other cases, the home here is the entire building and is the essential use of the land. A manufactured or mobile home is installed so that the land may be used in a residential manner; without the home, the essential function of residential real estate fails. Finally, the intention of the parties at the time of annexation is seen through the nature of the improvement and its attachment to the land. Here, the owners of the land decided to purchase a manufactured or mobile home in order to use the Property as a residence. If they had constructed a home, there would be no question that the house was a fixture of the real estate. Further, the parties to the Mortgage intended that the home would be a fixture and considered both the home and the land as part of the Property for appraisal and security purposes. The home is an improvement to the land as it is an entirely new structure added to the land to enhance its value and increase its utility. Additionally, the Property has been assessed as improved property for real estate tax purposes. Therefore, the manufactured or mobile home is a fixture or improvement on the land which is encumbered by the Mortgage, the home is part of the real estate, and title to the home passed to Plaintiff at Sheriff's sale and will pass to any subsequent purchaser. B. The Rules of Civil Procedure Allow This Court to Grant Relief in Aid of Execution in Mortgage Foreclosures and Declaratory Judgments as Ancillary Relief in Civil Actions. Pennsylvania Rule of Civil Procedure 3118 is designed to give the court "broad discretion to provide relief in aid of execution," even though limited to preserving the status quo pending execution. See Nat '1 Recovery Sys v. Pinto, 18 Pa. D. & C.3d 684, 686 -87 (Pa. Ct. Com. Pl. 1981). As the Superior Court has stated, "the value of proceedings in aid of execution is that they provide a speedy means for the judgment creditor to obtain satisfaction of his judgment without resort to `full dress equity proceedings. "' Chadwin v. Krouse, 254 Pa. Super. 445, 386 A.2d 33, 37 (Pa. Super. Ct. 1978). Specifically, Rule 3118 provides that: On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person ... (2) enjoining the transfer, removal, conveyance, assignment or other disposition of property of the defendant subject to execution; (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... and (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P. No. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment and (2) property of the debtor subject to execution. See Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322, 326 (Pa. Super. Ct. 1993). In this case, an underlying judgment was entered in favor of the Plaintiff and against the Defendants. See Ex. H. Moreover, the mortgaged property at 10 Smith Road, Gardners, PA 17324 -9006, is property of the Defendants and is subject to attachment and execution. Further, the order Plaintiff seeks will preserve the status quo of the Property at the time of execution as the home was already permanently affixed to the land at the time. The order merely confirms the intentions of the parties prior to this action and does not change the status of any party or require moving or conveying any property. The order will protect Plaintiff's collateral from being split and separately conveyed or removed. See Pa.R.C.P. No. 3118(a)(2). Therefore, Rule 3118 allows this Court to grant relief to aid in the execution of the Property. Additionally, Pennsylvania Rule of Civil Procedure 1602 states that a party may include a prayer for declaratory relief in any action at law or in equity. The Rules of Civil Procedure are to be "liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding." Pa.R.C.P. No. 126. And further, "the court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties." Id. Under the Declaratory Judgments Act, courts "have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed." See 42 Pa. C.S. § 7532. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. See Doe v. Johns - Manville Corp., 324 Pa. Super. 469, 471 A.2d 1252, 1254 (Pa. Super. Ct. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. See Curtis v. Cleland, 122 Pa. Commw. 328, 552 A.2d 316, 318 (Pa. Commw. Ct. 1988). In the instant case, Plaintiff is seeking an order declaring the status of the manufactured or mobile home as a fixture. This order will settle the expectations of any future purchaser of the Property. Additionally, Defendants, as mortgagors of the manufactured or mobile home and the land to which it is affixed, and Plaintiff, as mortgagee of the real estate and a creditor executing on its judgment, are all parties to this action and the only parties who have an interest that would be affected by the declaration. See 42 Pa.C.S. § 7540. Defendants are parties to the Mortgage and its origination, knew and intended that the Mortgage would cover the manufactured or mobile home, and have been aware of this foreclosure action since its inception. Further, the Court's order will protect Plaintiff and potential purchasers from the uncertainty that the home may be removed from the land before the new owner obtains possession. Finally, the order would clear the cloud on title creating uncertainty surrounding the insurance of any future conveyances by a title insurance company. Accordingly, the Declaratory Judgments Act allows the Court to enter an order declaring the Defendants' manufactured or mobile home is a fixture, and therefore part of the real estate, and to provide relief to the Plaintiff from the uncertainty associated with selling a manufactured or mobile home to a third party. WHEREFORE, Plaintiff PHH Mortgage Corporation respectfully requests that this Honorable Court declare the land at 10 Smith Road, Gardners, PA 17324-9006 with a tax parcel I.D. number of 40-40-2656-001C, and the manufactured or mobile home which is permanently affixed thereto, is one parcel of real estate and further order and decree that title to said fixture passed to Plaintiff at Sheriff s Sale and will pass with any subsequent conveyance of the Property, and any other relief as the Court deems appropriate. Respectfully submitted: PHELAN HALLINAN, L P Date: 1111 By: a n R. Tabas, Esquire Joseph E. DeBarberie, Esquire Attorneys for Plaintiff This Indein made the 4th day of September , . 1998 m Between cn r-, Bettie 1, Fulton And Bettie J. Fulton and Jeffrey L. Baughman herein designated as the Gnionors, .., 3 0 U1 cn herein designated as the Grantees: Witnesseth, that the Grantors, for and in consideration of Love and Affection lavdul money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant. bargain, sell and convey unto the Grantees forever, All that certain parcel of land in the Township of South Middleton, County of Cumberland, State of Pennsylvania being known and designated as follows: Beginning al a steel pin set on the southern edge of the caraway of Smith Road (7'- 531), at lands now or formerly of Fred Sowers, said pin marking the common point of adjoiner as hots Nos, 1 and 4 on the Hereinafter mentioned plan of subdivision; thence departing from said pin. Crossing Smith Road and extending along Lots Nos. 1 and 2 on the hereinafter mentioned plan of subdivision, North 06 degrees 06 minutes 0S seconds West, for a distance of 445.96 feet to a steel pits at Lot No, 3; thence extending along Lot No.3, North 59 degrees 46 minutes 30 seconds East, for a distance of 119369 feet to a steel pin at Lot No. 5; thence extending along Lot No. 5, South 16 degrees 48 minutes 50 seconds East, through a steel pin set on the northernmost dedicated right -of -way line of Smith Road, a distance of 31.57 feet from alf,f g1rYku't c �Oirrt *enaiii5 - *K. fxempt. L Nq7 - ta8 01123/2013 9:21:45 AM CUMBERLAND COUNTY ' Inst.# 199912033 - Page 1 of 5 01/23/201.3 9:21:45 AM the terminus of this call, for a total distance of 417.58 feet to a pin set in the cartway of Smith Road, near its southern edge, at lands now or formerly of Fred Sowers; thence extending in and along the southern edge of Smith Road, and along lands now or formerly of Fred Sower, South 59 degrees 32 minutes 45 seconds West, for a distance of 205.10 feet to a steel pin on the edge of said cartway at Lot No. 1, said pin mating the place of Beginning. Tax ID: 40-40- 2656 -0019 acux 197 P.10E 129 CUSterland County Recorder of Deed; Isstrtnenf Filing Receivtk 208961 Instrit 1999-012033 9/06/1999 14 :A114,- Rewrks; SERVICE LINK DEED DEED - ARIT DEED - 093 STATE SOUTH MIDDLETOK SOUTH HIDDLETOK DEED - A/H CO IMPROVEHEN1 FHO REC. IMPRUHi FUND Check@ 6691 Check9 6692 Cneddi 6693 Tall Received.,..... 12.50 .30 A30.26 215.13 215.13 11.50 1.00 1.00 126.50 $430,26 $430,26 1037.02 CUMBERLAND COUNTY Inst.#t 199912033 - Page 2 of 5 Together with all and singular the buildings, improvements, ways, woods, waters, watercources, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; And also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of in and to the premises herein described and every part and parcel thereof with the appurtenances. To have and to bold all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees' proper use and benefit forever. And the Grantors covenant that except as may be herein set forth, they do and will forever warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. In ull references herein to any parries, persons, entities or corporations, the use of any particular gender or the plural or singular numbers intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in thu instrument any parry shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. In Witness Whereof, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and Its corporate seal to be aped hereto, the day and year first above written. J/ / 'frnrst S Witness State of PA, County of Cumberland Jss,: Be it Remembered, that on September 9 , 1998 . before me the subscriber Bettie "Fulton personally appeared known to me (or satisfactorily proven) to be the person whose tame i5 subscribed to the within deed and acknowledged that 5 he executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. ,,ri K .f: . ,.jwt Kvv��y 01/23/2013 9:21:45 AM Natal,/ 0..1 P.ln.t. 1„ a.mor, Nol.ry PeaKo Cn.mnlnoup bole, Pienken Coolly My OammllNotl 8xplr00 MUM O. 2002 NIA 197 Pan). 130 CUMBERLAND COUNTY Inst.# 199912033 - Page 3 of 5 NOTICE- THE UNDERSIGNED, AS EVIDENCE BY THE SIGNATURE(S) TO THIS NOTICE A.ND THE ACCEPTEVCE AND RECORDING OF THIS DEED. (IS, ARE) FULLY COGN/Z4NT OF THE FACT THAT 7HE UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGANINST SUBSIDENCE. AS TO THE PROPERTYHEREIN CONVEYED, RESULTING FROM COAL MINING OPERATIONS AND THAT THE PURCHASED PROPERTY. HEREIN CONVEYEDMAY BE PROTECTED FROM DAMAGE DUE TO MINE SUBSIDENCE BYA PRIVATE CONTRACT WITH THE OWNERS OF THE ECONOMIC INTEREST IN THE COAL. THIS NOT /CE INSERTED HERELV TO COMPLY WITH THE BITUMINOUS MINE SUBSIDENCE AND L4ND CONSERVATION ACT OF 1966. (AS A.NENDE D 1910, OCT 10 P.1.874. N0. 136 SECT10N) Wimess my hand this Certificate of Residence �� � n ��J(� do hereby certify that Precise residence s 10 Smith Rd. Gardners, PA. 17324 9th day of September 1998 state of Pennsylvania t Co;lnty of Cumberland) 88 recorded in the office for the recording of Deeds inOLd for mberlap d County, }C7ock -Vol. _. -Page waness my hand and eel of oftfc> of Certiste.PA this day f`* et Recorder our. 197 PACE 131 01/23/2013 9:21:45 AM CUMBERLAND COUNTY Inst.# 199912033 - Page 4 of 5 01/23/2013 9:21:45 AM weer. its Pr a ea REALTY TRANSFER TAX. co,cwcrwenan or PPPINSrtvAN:A 1 STATEMENT OF VALUE aVACMOif Of PPVen &t 801104 OP IPPUVlouAL IAxe1 pt .41010tw; aia71114doo See Ri eree-for ImlructlonE get.xerera.. Complete ooh union and film in duplicate with Recorder of Dads when (1) the full value$bmideration it not set forth in the deed, (2( when the dud is witho)r consideration, or by gift, or (31 o tax exemption L claimed. A Statement of vole. Is real remelted 11 the lronder Is wholly exempt from lox bored on (II iamb reludonrhip or (2( public o iliry •.nm.nl 11 more .pace is needed, onach additional rheetfs), A CORRESPONDENT • AN Inquiries may be directed to the fiAlowingper>san: Nam. Tr ephon. Nwnben CORa0R 0 USE 0 t ex Pew do,.o q Mo Cad• 1 p I Adaur'a"",..' 41 � \ Coy Slat• R� �r39 p Cod• 1 .r I i 0_ , ❑s' Cl n B TRANSFER DATA • e ^ c p1 . •sam.n1 "i G«nrorldflersorid t t..1.1. —f∎; jGra teehlAes rel•l :\. 11 £aci /J r4 4 Stole ,cii+-est —, Zip Cod. /7,1:V .., 1c aSM ,l:l 1Qoao' i:p Cod. sc'�31:F la �SAnt'llt City _ Co R?/ ne,s F+') Slag PA . I %3ciy C PROPERTY LOCATION $h.o Aadr.,r r D ; VALUATION DATA I. Avoid Cosh c,eaaera„en y_ heat art Soulh 117adl44110 so" o, !If[islelori Po%1 Numb'.rn� f/o - Ye, - a G, S/. -0 019 t . Told Cooddercri.n E EXEMPTION DATA x ILIr7I .a. am or of Emptier. Claimed Ib. ferc.mooe 'drowns Conveyed T. Check Appropdot• Boo Blow for Ex•mpNan Clalm•d • ,n.•,lae 1vcnriion (.J Transfer to Motor/fool Development Agency, 0 Trondor to a trot. (Angel) complete copy of trust agreement identifying oB b.neRciories.( 0 1J Transer between principal and agent, (Aaoch complete copy of agency/Prow perry agreement.) Li Transfers to :he Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or }n flee of condamnotlon. It condemnation or in lieu of condemnation. attach copy of resolution,) O Tronr!er Isom mortgagor to a holder .1 a mortgage in default. Mortgage Book Number Page Number ❑ Cormalro or confirmatory deed. (Aaoch complete copy of the prior deed being corrected or confirmed.) met~r_'' Sl0000.y eorporm.:o.rrolidodan, m.,ger or divirlon. lAnoh copy ol cuticles.) I (� 1 4.Other IPI•ore explain enanpdon claimed, it other lion listed above.) ln'$ r� a Yrnn� +Qr 40) � -Q �j('i`0 - s..11n •� rind SQ �.r ►4 e �0. I 0,/4 Qf7 !%�� -S 4,44,,tCarS +nee. d P.sed..d 101... (11. Nvt.P.■I Dv rP,r -r • Under penoftP and belief, i , 1 declare rhos! have e.amln•d this Statement, Including axcornponying Inrormoton, and to the b•rt.1 my knowledge rue, correct and c.rnpl.•. FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH- PPLICA L6 E DOCU TO RECORD THE DEED. ENTATION MAY RESULT IN THE RECORDER'S REFUSAL CUMBERLAND COUNTY EXHIBIT Al 31563 01/23/2013 9:18:39 AM Parcel No. THIS DEED MADE the c3(0 day of \\I , 2004, BETWEEN BETTIE J. FULTON and JEFFREY L. BAUGHMAN, of Gardners, Cumberland County, Pennsylvania, GRANTORS, AND DEVIN M. KENNEDY and MARC I M. KENNEDY, husband and wife, of Mt. Holly Springs, Cumberland County, Pennsylvania, GRANTEES, W1TNESSETH, that in consideration of One Hundred Thirteen Thousand Nine Hundred and 00/100 ($113,900.00) Dollars in hand paid, the receipt whereof is hereby acknowledged, the said Grantors hereby grant and convey in fee simple to the said Grantees, their heirs and assigns, ALL THAT CERTAIN parcel of land in the Township of South Middleton, County of Cumberland, State of Pennsylvania, being known and designated as follows: BEGINNING at a steel pin set on the southern edge of the cartway of Smith Road (T-531), at lands now or formerly of Fred Sowers, said pin marking the common point of adjoiner as Lots Nos. 1 and 4 on the Hereinafter mentioned plan of subdivision; thence departing from said pin. Crossing Smith Road and extending along Lots Nos. 1 and 2 on the hereinafter mentioned plan of subdivision, North 06 degrees 06 minutes 05 seconds West, for a distance of 445.96 feet to a steel pin at Lot No. 3; thence extending along Lot No. 3, North 59 degrees 46 minutes 30 seconds East, for a distance of 119.69 (erroneously referred to as 1193.69 on prior Deed) feet to a steel pin at Lot No. 5; thence extending along Lot No. 5, South 16 degrees 48 minutes 50 seconds East, through a steel pin set on the northernmost dedicated right-of-way line of Smith Road, a distance of 31.57 feet from the terminus of this call, for a total distance of 417,58 feet to a pin set in the cartway of Smith Road, near its southern edge at lands now or formerly of Fred Sowers; thence extending in and along the CUMBERLAND COUNTY Bb bx 264 PAE2568 Inst,A 200431553 - Page 1 of 3 southern edge of Smith Road, and along lands now or formerly of Fred Sowers, South 59 degrees 32 minutes 45 seconds West, for a distance of 205.10 feet to a steel pin on the edge of said cartway at Lot No. 1, said pin making the place of BEGINNING. CONTAINING 1.515 acres (including right of way). BEING Lot No. 4 on a Final Plan of Minor Subdivision for Kimba, Inc., dated October 29, 1986 and recorded in Cumberland County Plan Book 52, Page 20. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; And also ail the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity of, in and to the premises herein described and every part and parcel thereof with the appurtenances. To have and to hold all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to Grantees; proper use and benefit forever. BEING the same property which Bettie J. Fulton, by dead dated September 4, 1998, and recorded October 26, 1998, in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 197, Page 128, granted and conveyed unto Bettie J. Fulton and Jeffrey L. Baughman, the grantors herein. AND the Grantors hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the Grantors do hereby set their hands and seals, the day and year first above written. Witness: cob? 264 P4cE2569 01/23,2013 9:18:39 AM CUMBERLAND COUNTY Inst.# 200431553 - Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA :55. COUNTY OF CUMBERLAND On this the c)-(0 day of -S-Lily , 2004, before me, the undersigned officer, personally appeared Bettie J. Fulton and Jeffrey L. Baughman, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. WITNESS my hand and official seal the day and year first above written. idOTARIALlEAL Ksthy..L MunviettiktigAiblic Borouiti of Carlisle, PA My Commission E.** AS/4:11:2,01 1 Certify this to be record' In Cumberland County Pi . I hereby certify that the precise mailing address o <_5/)/ (yo/fiER., Lu cva 7 :a3,P$05°°° - • r r- • 01/23/2013 9:18:39 AM • C4 eM : 16 `..*64 ,, tt ZJI CA 6 6 6 6 6 In J1 T 6 CM "61 c> c> c> c> c> • c> <> /73,21/ 7d° ..141• ea followaL or er of Dees to C7 CUMBERLAND COUNTY 0 Inst# 200431553 - Page 3 of 3 EXHIBIT B J j5r( ;_; :GL R ".' ......... is i)EEDS COUNTY -PA Prepared By: Return To: Rene Lockhart, Cendant Mortgage Corporation Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, 2001 Bishops Gate Blvd. Mount NJ 08054 Laurel, NJ 08054 Parcel Number: Commonwealth of Pennsylvania [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ( "Security Instrument ") is given on Jul y 3004 The Mortgagor is MARCI M. KENNEDY and DEVIN M. KENNEDY . WI 'L—AND—HUSBAND FHA Case No. ( "Borrower "). This Security Instrument is given to Cendant Mortgage Corporation which is organized and existing under the laws of New Jersey , and whose address is 3000 Leadenhal 1 Road Mount Laurel , NJ 08054 ( "Lender "). Borrower owes Lender the principal sum of One Hundred Thirteen Thousand Seven Dollars and Zero Cents Dollars (U.S. $113.007.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1st, 2034 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the FHA Pennsylvania Mortgage - 4196 eat) - 4R(PA) (03051.01 B VMP Mortgage Solutions (800)521-72 Page 1 of 9 initials: Bli 1876 PG 018 6 Original Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CUMBERLAND County, Pennsylvania: See Preliminary Title Report Being the same premises conveyed to the mortgagors herein by deed being recorded simultaneously herewith; this being a purchase money mortgage given to secure the purchase price of the above described premises. which has the address of 10 SMITH ROAD [street) GARDNERS Pennsylvania 17324 [Zip Code) ( "Property Address "); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ( "Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the ./∎ ®- aR {PA) (03051.01 Page 2 of 9 Initial BK 18 7 8 PG 818 7 Original annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ( "RESPA "), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. CI-4R(PA) {03051.07 m Pogo 3 of 9 BK1876PG0188 Original In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures - 41i(PA) (0306).01 Page 4 of 9 Initial BK 18 7 61'6 018 9 Original from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date, of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j -3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current fo eclosu Cr;) —4R(PA) t0305).01 Pap 5 of 9 BK 1876PG0 190 Initials OAK-- Original proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint. and Several Liability; Co- Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, 0-411(15A) (03050 1 Pogo 6 of s [nitla�s: BK 1876 PG 9191 Original "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. - 4R(PA) (0305).01 Page 7 of 9 BK 1 876PC0 192 Original 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. Condominium Rider lT Growing Equity Rider El Other [specify] Planned Unit Development Rider 1 1 Graduated Payment Rider I1 I BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed j>y --E5 • ower and recorded with it. Witnesses: A.l MA'ilit I M. KEN EDY (Seal) - Borrower DEVIN M. KENNEDY (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower -4R(PA) (0905).01 Page 8 of 9 BK 1876PG0193 Original Certificate of Residence I, Rene---- LQGk#art Marina Raj , do hereby certify that the correct address of the within -named Lender is 3000 Leadenhal Road Mount Laurel . NJ 08054 Witness my hand this 30th day of July , 2004 / . of-henrler COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, 30th day of Jul y , 2004 , before me, the undersigned officer, personally appeared , MARCI M. KENNEDY, DEVIN M. KENNEDY known to me (or satisfactorily proven) to be the person(s) whose name ubscribed to the within instrument and acknowledged that he /sh executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official eal. My Comrnission Expires: - 4R(PA) {03051.01 Title of Officer Notanal Seal Magna S. Flay, Notary Public Guilforo Twp., Franklin County My Commission Expires Mar. 7, 2006 Member, Pennsylvania Association Of Notaries Pogo 9 of 9 Initials: BK ,Y 876 PG 0194 Original EXHIBIT A All that certain parcel of land in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being known and designated as follows: Beginning at a steel pin set on the southern edge of the cartway of Smith Road (T -531), at lands now or formerly of Fred Sowers, said pin marking the common point of adjoiner as Lots Nos. 1 and 4 on the hereinafter mentioned plan of subdivision; thence departing from said pin. Crossing Smith Road and extending along Lots Nos. 1 and 2 on the hereinafter mentioned plan of subdivision, North 06 degrees 06 minutes 05 seconds West, for a distance of 445.96 feet to a steel pin at Lot No. 3; thence extending along Lot No. 3, North 59 degrees 46 minutes 30 seconds East, for a distance of 119.69 feet (erroneously referred to as 1193.69 in prior deed) to a steel pin at Lot No. 5; thence extending along Lot No. 5, South 16 degrees 48 minutes 50 seconds East, through a steel pin set on the northern most dedicated right -of -way line of Smith Road, a distance of 31.57 feet from the terminus for this call, for a total distance of 417.58 feet to a pin set in the cartway of Smith Road, near its southern edge, at lands now or formerly of Fred Sowers; thence extending in and along the southern edge of Smith Road, and along lands now or formerly of Fred Sowers, South 59 degrees 32 minutes 45 seconds West, for a distance of 205.10 feet to a steel pin on the edge of said cartway at Lot No. 1, said pin marking the place of BEGINNING. Containing 1.515 acres (including right of way). Being Lot No. 4 on a Final Plan of Minor Subdivision for Kimba, Inc., dated October 29, 1986 and recorded in Cumberland County Plan Book 52, Page 20. Being the same premises which Bettie J. Fulton and Jeffrey L. Baughman, by deed dated July 26, 2004, and recorded , in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed Book , Page , granted and conveyed unto Devin M. Kennedy and Marci M. Kennedy, husband and wife. 1 Certify this to be recorded In Cumberland County BKI.876PG8I95 EXHIBIT B1 Lt. 3u>>(4'/ Record and Return ta: Mortgage Services P.O. Box 5449 3000 Leadenhall Road Mt. Laurel, NJ 08054 Security #_Ca.x-'a.tr}1.Q ©81?ti MERS 1 Assignment of Deed of Trust or Mortgage Name: KENNEDY State of: PA County of CUMBERLAND Q ©y Gaya C- Know all men by these presents that Cendant Mortgage Corporation, 3000 Leadenhall Road Mt. Laurel, New Jersey, a corporation existing under the laws of the state of Delaware for valuable consideration, the receipt of which hereby acknowledged, does hereby grant, bargain, sell, assign and transfer to: Mortgage Electronic Registration System ( "Mers ") G4318 Miller Road Flint, MI 48507 That certain promissory note and Deed of Trust or Mortgage described as follows: Note and Deed of Trust or Mortgage dated: 07/30/2004 Amount: 113007.00 Executed by: MARCI M. KENNEDY DEVIN M KENNEDY Clerks File or Instrument No: Recorded Date:g Book: \$1 L o Volume: Page: pl $ (p Address: 10 SMITH RD GARDNERS PA 17324 ch166\ e. pn 57 Describing land therein as described in Deed of Trust/Mortgage referred to herein, Together with the Note therein or referred to, the money due and to become due thereon with intere all rights accrued or to accrue under said Deed of Trust or Mortgage. Dated: 08/09/2004 Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Witnessed By Prepared By: Saowanee Swe- ey t Secretary State of New Jersey, Co ty of Burlington On 08/09/2004, Before me the undersigned, a notary public in and for said state and county, personally appeared Janice Grant and Rob Martin personally known to me or proved to me on the basis of satisfactory evidence to be Assistant Vice President and Assistant Secretary of the Corporation that executed the within instrument, on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its by -laws or resolution of its board of directors. Witness my hand and official seal in the state and county last aforesaid. By: By: CD — N N cr_▪ g 971c:7 rill !-' rn N --1rn rn -< t 01/2312013 9:20:26 AM Rita Calendo Notary Public for New Jersey My Commission Expires: 11/30/2008 Boox 712 FAcE 2391 RITA A CALENDO NOTARY PUBLIC OF NEW JERSEY My Commission Expires November 30, 2008 t:) t.. CUMBERLAND COUNTY Inst.# 200443077 - Page 1 of 1 EXHIBIT B2 ' ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 - 240 -6370 Instrument Number - 201303565 Recorded On 2/1/2013 At 11:54:00 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 128324 User ID - BMM * Mortgagor - KENNEDY, MARCI M "'Mortgagee - PIM MORTGAGE CORP * Customer - MORTGAGE SERVICE CENTER * 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 $0.50 $23.50 $11.50 $10.o0 $2.00 $3.00 $50.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. 1 Certify this to be recorded in Cumberland County PA RECORDER O D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IflhIIIIiiuin ASSIGNMENT OF MORTGAGE / DEED OF TRUST Return To: PHH Mortgage Corporation 1 Mortgage Way Mt. Laurel, NJ 08054 This Instrument Prepared By: Celia Testa, PHH Mortgage Corporation 1 Mortgage Way, Mt. Laurel, NJ 08054 Task ID: LERMER MERS Phone: 1- 888 -679 -6377 For Value Received, Mortgage Electronic Registration Systems, Inc. ( "MERS ") as nominee for CENDANT MORTGAGE CORPORATION, its successors and assigns whose address is PO Box 2026, Flint, Michigan 48501 -2026, hereby assigns and transfer to PHH MORTGAGE CORPORATION, its successors and assigns, whose address is 1 MORTGAGE WAY, MT. LAUREL NJ 08054, all its right, title and interest right, title and interest in and to a certain Mortgage / Deed of Trust executed by MARCI M KENNEDY, DEVIN M KENNEDY and bearing the date of 07/30/2004, and recorded on 08/03/2004 in the office of the recorder of CUMBERLAND County, State of PA, in Book, Volume, or Liber No. 1876, at page 0186 or as No. 31544 in the amount .of $1 1 3007.00 Property Address: 10 SMITH ROAD GARDNERS PA 17324 M I .t PALI Y OF SOUTH MIDDLETON TOWNSHIP Signed on MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) as nominee for CENDANT MORTGAGE CORPORATION State of New Jersey, County of Burlin- .., On I I nJ1a 6,13 before me, ' . ecca L Seaman, a notary public in and for said State, personally appeared Je, ifer Koch ASSISTANT SECRETARY, of Mortgage Electronic Registration Systems, Inc, as nominee for CENDANT MORTGAGE CORPORATION personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public REBECCA L. SEAMAN NOTARY PUBLIC OF NEW JERSEY ID # 2424214 e„ Commission Expires 8/22/2017 EXHIBIT A All that certain parcel of land in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being known and designated as follows: Beginning at a steel pin set on the southern edge of the cartway of Smith Road (T -531), at lands now or formerly of Frcd Sowers, said pin marking the common point of adjoiner as Lots Nos. 1 and 4 on the hereinafter mentioned plan of subdivision; thence departing from said pin. Crossing Smith Road and extending along Lots Nos. 1 and 2 on the hereinafter mentioned plan of subdivision, North 06 degrees 06 minutes 05 seconds West, for a distance of 445.96 feet to a steel pin at Lot No. 3; thence extending along Lot No. 3, North 59 degrees 46 minutes 30 seconds East, for a distance of 119.69 feel (erroneously referred to as 1193.69 in prior deed) to a steel pin at Lot No. 5; thence extending along Lot No. 5, South 16 degrees 48 minutes 50 seconds East, through a steel pin set on the northern most dedicated right- of-way line of Smith Road, a distance of 31.57 feet from the terminus for this call, for a total distance of 417.58 feet to a pin set in the cartway of Smith Road, near its southern edge, at lands now or formerly of Fred Sowers; thence extending in and along the southern edge of Smith Road, and along lands now or formerly of Fred Sowers, South 59 degrees 32 minutes 45 seconds West, for a distance of 205.10 feet to a steel pin on the edge of said cartway at Lot No. 1, said pin marking the place of BEGINNING. Containing 1.515 acres (including right of way). Being Lot No. 4 on a Final Plan of Minor Subdivision for Kimba, Inc., dated October 29, 1986 and recorded in Cumberland County Plan Book 52, Page 20. Being the same premises which Bettie J. Fulton and Jeffrey L. Baughman, by deed dated July 26, 2004, and recorded , in and for Cumberland County, in the Office of the Recorder of Deeds, in Deed 13ook , Page , granted and conveyed unto Devin M. Kennedy and Marci M. Kennedy, husband and wife. which has the address of 10 SMITH ROAD (Street) GARDNERS Pennsylvania 17324 (Zip Code] ( "Property Address "); PARCEL NUMBER: 40402656001C ti' CERTIFICATE OF RESIDENCE I HEREBY CERTIFY THAT THE PRECISE RESIDENCE OF THE ASSIGNEE IS AS FOLLOWS: PHH MORTGAGE CORPORATION 1 MORTGAGE WAY MT. LAUREL, NJ 08054 / (AUTHORIZED SIG EXHIBIT C • S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES 441-7540301,- "7 o3 File No. 04-0427 APPRAISAL OF • LOCATED 'AT: ' • t o Sttitth Road Gardners, PA 17324 FOR: HomeSala-Mortgage Services 150 Farmington Lane Lancaster, PA 17601 BORROWER: KENNEDY AS OF: June 22, 2004 BY: Steven W, Barrett SRPA, SRA Certified General Appraiser 124-126 NORTH HANOVER STREET, CARLISLE, PA 17013 , 717-243-6646, FAX 717-243-8627 S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES 441 - 7540301.70 File No. 04-0427 06/28/2003 HomeSale Mortgage Services 150 Farmington Lane Lancaster, PA 17801 File Number: 04 -0427 In accordance with your request, I have personally inspected and appraised the real property at: 10 Smith Road Gardners, PA 17324 The purpose of this appraisal is to estimate the market value of the subject property, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the estimated market value of the property as of June 22, 2004 is: $114,000 One Hundred Fourteen Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final estimate of value, descriptive photographs, limiting conditions and appropriate certifications. Respectfully submitted, e.t) Steven W. Barrett, SRPA, SRA Certified General Appraiser 124-126 NORTH HANOVER STREET, CARLISLE, PA 17013 , 717-243-6646, FAX 717-243-8627 SUMMARY APPRAISAL REPORT 441 - 7540301 ' ?DJ UNIFORM RESIDENTIAL APPRAISAL REPORT Fite No. 04 -0427 yPropetty Address 10 Smith Road City Gardners State PA ZipCode 17324 Legal Description Deed Book 197, Page 128 County Cumberland Assessor's Parcel N0. 40-40- 2656 -001 Tax Year 03.04 R.E. Taxes $ 1,219.00 Special Assessments $ None F o Borrower KENNEDY CunentOwner Baughman /Fulton Occupant: 14 Owner 1 1 Tenant 1 i Vacant tu m PropertYnghis appraised [X-] Fee Simyle 1 1 Leasehold I_ Project Type j 1 PUD l i CondominiumlHUDNA ortty) HOAX N/A /Mb. N Neighborhood or Project Name South Middleton Township Map Reference 40 -2656 Census Tract 0126.00 Sale Price S 113,900 Date of Sale 0610712004 Description and 0 amount of roan charges/concessions to be paid bysel0r 54900 CI. Costs Lender/Client HomeSate Mortgage Services Address 150 Farmington Lane, Lancaster, PA 17601 Appraiser Steven W. Barre SRPA, SRA Address 126 North Hanover Stree,Carlisle, PA 17013 Location [,] Urban X Suburban Rural Built up Over 7596 20.75% Under 25% Growth rate ©v1 Rapid Stable Slow Property values L ! Increasing ❑ Stable ❑ Declining Demand/supply Shortage © In balance ❑ Oversupply Marketing time Under 3 mos. n 3.6 m05. n Over 6 mos. Predominant occupancy © Owner Tenant Vaarx(O.5 %) *am (my 5%) Single family housing PRICE GE ant 50 Low New Present land use % One Family 50% Land use change Not likely ❑Likely l^X In process To: Residential 2.4 family 0% MttlG4amly 0% 150 High 100 Commercial 0% Predominant Vacant I 50% 125 1 50 Note: Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood boundaries and characteristics: On the west by Route 34; On the north by Route 174; On the east by Petersburg Road; on o the south by Adams County Line. T Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, employment stability. appeal to market. etc ): g There are no adverse factors to affect marketability of subject. Diverse stable employment and all supporting amenities are within eas drivin• distance. FHAA • oints are common for the local market •lace. SMSA 42- 3240 -41 i IV CD w z Market conditions in the subject neighborhood (including support for the above conclusions related to the trend of property values, demandrsupply, and marketing time - • such as dala on competitive properties for sale in the neighborhood, description of the prevalence of sales and financing concessions, etc.): MLS Statistics show a steady moderate increase in property values over the past year. List/Sale ratio approximately 95 %. I have considered relevant competitive listings and /or contract offerings in the performance of this appraisal and in the trending information reported in this section. If a trend is Indicated, I have attached an addendum providing relevant competitive listing /contract offering data. e Project Information for PUDs Of applicable) . - Is the developer /builder In control of the Home Owners' Association (00A)? U YEs U NO a Approximate total number of units in the subject project NIA . Approximate total number of units for sale in the subject project NIA Describe common elements and recreational facilities: NIA Oimensions 197 x 416 lrr Topography Basically Level Site area 81952 So.Ft. Corner Lot U Yes U No Size Meal for area Specilrc zoning classification and description A & C, Agriculture and district. Shape Irregular Tconservation Zoning compliance © Legal rte❑ Legal nonceeto orming(Grandfahereduse) ti Illegal U No zoning 1.59030: & best use as improved: rX] Present use ❑ Other use (explain) Drainage Appears adequate View Open Country/Resident Utilities Public Other EIectr,c,ty © 100 amp Off -site Improvements Type Public Private Street Asphalt Landscaping Average Driveway Surface Gravel /Dirt w Gas ❑ Curb/gutter None Apparent easements None Apparent Water ❑ Well Sidewalk None FEMA Special Flood Hazard Area U Yos IA1 No FEMA Zone X Map Date 1/5/96 Sanitary sever ❑ tic Street lights None ❑ Storm smut n Alley None �] n FEMA Map No. 420371A _ Comments (apparent adverse easements, enc oachments, special assessments, slide areas. illegal or legal nonconforming zoning, use, etc.): Well /Septic common for area and have no adverse affect on marketability. There are no adverse easements, encroachments or other adverse conditions. GENERAL DESCRIPTION No of Units 1 EXTERIOR DESCRIPTION Foundation Pillars, ConBl FOUNDATION Slab None BASEMENT Area Sq.Ft. NiA INSULATION Roof ❑ Ceiling %Finished N/A Craig Space Full Exterior Wafts Vinyl No oI Stones 1 Walls X Ceding NIA Basement None Roof Surface Shingle Type pet /Att.) Detached Floor Walls N A Sump Pump None Gutters & Dwnspts. Aluminum Design (Style) 1 Story Floor N/A 00110 Dampness None Obs. Window Type Double hung ry- Existing/Proposed Existing_ an ww° Outside Entry N/A Settlement None Obs. Storm/Screens Thermal etAge (Yrs.) 6 Years infestation None Obs. Manufactured House Yes Effective Age,)Yrs.) 3 -5 lw ROOMS Foyer Living Dining �ithOon_ • Den FamiN Rm. Rec. Rm. Bedrooms 0 Baths Laundry Other Area Sq.FI. Bin Basement Level/ 1 Area 1 3 2 1 1,512 L‘. o Level2 z Q y Finished area above grade contains: 5 Rooms 3 Bedroom s); 2 Bath(s); 1,512 Square Feet of Gross Living Area a INTERIOR Materials/Condition in Floors Catpet/Vinyl! Avg HEATING Type FHA KITCHEN EQUIP. Refrigerator N Ran efOven Disposal ❑ Dishwasher © FenlHood © Microwave l}��l WaslterlOryer [ 1 ATTIC Nona X Stairs Drop Stair Scuttle Floor Heated Finished AMENITIES CAR STORAGE: Fireplace(s) 0 © None ca Walls Panell Avq Fuel Propane Patio o Garin g a aofcars Trim'Frrash Wood! Avg CondirionAverag_e Deck Attached Bath Floor Vinyl/ Avg COOLING Central Yes Porch Detached Bath Wainscot Panel/ Avq Fence ❑ Buitt•bs Doors HollowcorelAvq Other None Pool ❑ Carpon Average Condition CondabnAverage Sun Room n Driveway 4 1Gravl Additional features (special energy efficient items etc )• Fireplace, Sun Room Condition depreciation functional, and external). repairs needed. of construction remodeling /additions etc • Improve of the improvements. (physical, quality ments are in average condition with no physical or functonat Inadequacies apparent. See VC items in the addenda of this report. • Adverse environmental conditions (such as. but not limited to. hazardous wastes, toxic substances, etc.) present In the Improvements. on the site. or in the immediate vicinity of the subject property' No adverse environmental conditions are apparent/disclosed. F,.-f,' r ": r, - ID FDa PAGE 1 OF 2 RXual ore AP Yfwu° 5000 nn'••.•o•[°<G+ Fa, nt01'F; 1 .,l •. 11 SUMMARY APPRAISAL REPORS • UNIFORM RESIDENTIAL APPRAISAL REPORT 441- 7540301. 76 3 File No. 04-0427 • ESTIMATED SITE VALUE • S 35,000 Comments on Cost Approach (such as, source of cost estimate, site value, square foot calculation and for HUD. VA and FmHA, the estimated remaining economic life of the property): See attached sketch addendum. Estimated remaining ESTIMATED REPRODUCTION COST -NEW OF IMPROVEMENTS: Dwelling Sq. FL @ S • S LL) Sq. FL 9 S • economic life Is 40 years. Market seaarch was o conducted for FHANA sales transactions and minimal O.' Garage/Carport Sq, FL @ S - adequate government sales transactions were available a Total Estimated Cost New • $ • for this analysis. u) Less Physical I Functional o Depreciation fff 1 External Est. Remaining Econ. Ufe: I • S Depreciated Value of Improvements • S 'As -is' Value of Site Improvements • S INDICATED VALUE BY COST APPROACH • 0 ITEM 1 SUBJECT COMPARABLE NO.1 COMPARABLE NO. 2 - COMPARABLE NO .3 10 Smith Road Address Gardners 505 Chestnut Street. Mt. Holly Springs, PA 2476 Rltner Highway, Carlisle, PA 100 Yates Street Mt. Holly Springs Proximity to Subject 4.4 MI NNW 9.8 MI NW 2.7 MI NW Sales Price S 113,900 1 S 110,000 • '1 S 124,900 1 s 100,000 Price/Gross LW. Area S 75.33 5 S 68.92 fly S 82.61 rq !' $ 68.68 5 Data and/or Vedlcatlon Sources inspection Crthse Rec. MLSICourthouse Records MLS /Courthouse Records AppData/Courthse VALUEADAISTMENTS DESCRIPTION DESCRIPTION I .(drnutmeg DESCRIPTION . (41ACharhstt DESCRIPTION .(4 rAqusvrca Sales or Financing Concessions $4900 Cl: Costs P - None, Cony DOM 168 None, Cony ; DOM 64 i FHA$4,500 Cl C , DOM Unknown Date ofSale/Time 06/07/2004'. i 4/15/2003 112912004 11/06/2003 Location Average Average Average Suburban LeasdddFeeSinde Fee Simple Fee Simple Fee Simple Fee Simple Site 1.86 Acs /Avg .19 Ac/Avg 5,900 1.14 Ac /Avg 2,600 .70 Ac/Avg 4,100 View OpnCntry /Resld Residential OpnCntry/Resid ', Residential Design and Appeal DblwdelAvg DblwdelAvg DblwdelAvg DblwdelAvg OustyatCexmctim AvgMnyl Avg/Vinyl AvgMnyl Avg/Vinyl Age 6 Years 1 Year /2002 7 Years11996 1 Year /2002 co Condition Avoca . e Av • /Good -2 500 Av' /Good -2 500 Av. /Good -2 500 > Above Grade a Room Count 15 Gross Living Area Taw 1 Balms 1 Baer Total I (km I Baths i Tam/ i Mtn I Baths Tdar i ehms : 000 5! 31 2.00 7! 31 2.00 51 31 2.00 5: 3: 2.001 1,456 Sq.Ft. 800 1,512 SA FL 0 1,512 Sq.Ft. 1,596 Sq,FL ! -1,300 o Basement &Finished a Rooms Below Grade Crawl/ Unfinished Crawl! Unfinished Crawl/ Unfinished Crawl/ Unfinished 1 cc Functional Utility Average Average Average Average 2 Heating/Cooling FHA/CA FHA/CA FHA/CA 1 FHA/CA o Li Energy EffcieruItems Typical Typlcai Typical Typical Garagelcarpat None 2 Car Garage -2,000 2 CGrg/WrkSP -4,000 None a Porch. Path, Deck. m Fireplace(s).etc. Sun Rooml 1 Fireplace Porch /Deck 1 4,000 Sun Room! Porch Patios 5,000 Fence. Pool, etc. None None ! None None Net Ad'. rata `'�, ., ,:,,a13E:i. X + S 4 700 + X - ' S 3,900 �X�+ 1 (. IS 7,400 .• —4 iir - :S t..5 -(47 ` 0 114 Grpss-•7a3% Ner= e3.1c` S 121 000 •GoSr•12A1for. • •Netiu7.4S6 •' • S 107 400 Comments on Sales Comparison (including the subject property's compatibility to the neighborhood, etc. ): Acreage adjusted at $3500 /Acre, Sublect property Is compatible with other properties In the neighborhood. Comparable sales analysis indicates a value range of $107,000 to $121,000. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO. 2 COMPARABLE N0.3 Date, Price and Data Source for prior sales Within yearofappraisal 4/6/1999 $86,054 Courthouse None Courthouse Records None Courthouse Records None Courthouse Records Analysis of any current agreement of sale, option, or listing of the subject property and analy is of any prior sales of subject and comparableswiihhone year of the date ofappraisat Current agreement of sale Is consistent with above analysis. No transfers In the last 36 months for the subject and no prior transfers within the last 12 months for the comparable sales. INDICATED VALUE BY SALES COMPARISON APPROACH $ 114,000 INDICATED VALUE BY INCOME APPROACH (If Agglcable) Estimated Market Rent S 700 /Mo. x Gross Rent MudAlier N/A • S NiA This appraisal is made 0. 'as Is' © sebjectto the repais, alterations, inspections cc conditions fisted be/ow ❑ subject to completion per plans and specifications. Conditions ofAppralsat Subject appraised based on repairs as per VC sheet. VC4b,c; VC5a; VC11b,e; VC14a,b,c. Taxes 5101.58, Insurance $26.00. Final Reconciliation: Market analysis supports the estimate of value. Cost and GRM were found Inappropriate for this analysis. z QThe purpose of this appraisal is to estimate the market value of the real property that is the subject of thls report, based on the above con5tions and the certification, contingent al and limiting conditions, and market value definition that are stated In the attached Fredde Mac FCfM 439/Fannie Mae Form 10048 (Revised 6/93 ). z I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS 111E SUBJECT OFTHIS REPORT, AS OF 06/2212004 U (WHICH IS THE DATE OFINSPE E EFFECTIVE DATE OFTHISREPORT)TOBES 114,000 cc APPRAIS SUPERVISORY APPRAISER (ONLY IF REQUIRED): / Signature 79 Signature OOId ❑DId Nal Name Steven W. Barrett, SRPA, SRA Name Inspect Property Date Report Signed 06/28/2004 Date Report Signed State Certification t GA- 000298 -L State PA State Certification / State Or State License t RB- 026921 -A State PA Or State License t State Fg,Se Mac Cam 70 BAS Certified General Appraiser PAGE 2 OF 2 P00..ram gnclssyaL100a1, arrl•a'aa0,<etaa Steven W. Barrett R.E. Appr. Svc. fern We Fan 1C04 SAT • • • 441- 7540301 He No 04 -0427 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition Is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby; (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best Interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms or cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or taw in a market area; these costs are readily Identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that Is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the Appraiser's Judgment, STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3, The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site Is located In an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land In the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes. toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved In performing the appraisal, Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (Including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable. and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser Is not an expert in the field of environmental hazards. the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were fumished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraisers identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated ) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or Instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6 -93 Page 1 of 2 Fannie Mae Form 10048 6 -93 • • 441- 7540301 File No. 04 -0427 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration In the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property Is superior to , or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, t have made a positive adjustment to Increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value In the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. f stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that Is the subject to this report, and I have no present or prospective.personai interest or bias with respect to the participants In the transaction. I did not base, either partially or completely, my analysis and /or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties In the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate i developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the Interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. f have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth In the appraisal report. If 1 relied on significant professional assistance from any Individual or Individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any Individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that 1 directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 10 Smith Road, Gardners, PA 17324 APPRAISER: Signature: / Name: Steven W. Barrett. SRPA, SRA Date Signed: 06528/2004 State Certification #: GA- 000298 -L or State Ucense #; RB- 026921 -A State: PA Expiration Date of Certification or License: June 30. 2005 -79 Certified General Appraiser SUPERVISORY APPRAISER (only if required) Signature: Name: Date Signed: State Certification #: or State License #: State: Expiration Date of Certification or Ucense: ❑ Old 0 Did Not Inspect Property Freddie Mac Form 439 6 -93 Page 2 of 2 Fannie Mae Form 10048 6 -93 qkSUMMARY APPRAISAL REPO • APPRAISER'S MANUFACTURED HOUSING CHECKLIST 441- 7540301 Filo No. 04.0427 Borrower/Client: KENNEDY Property Address: 10 Smith Road City: Gardners State: PA 21p Code: 17324 HUD Tag (ID) Number(s): N/A Manufactured Date: Serial Number(s): NIA Manufacturer: FOUNDATION I. Please mark an X in the appropriate box to describe the subject's foundation. • Permanently Affixed on a ConcrelelMasonry Perimeter with ConcretelMasonry Footings: ❑ Yes ❑ No ❑ Footings located below the frost line ❑ No frost line • Permanently Affixed on Pier & Post with ConcretelMasonry Footings: © Yes ❑ No ❑ Footings located below the frost Ilne ❑ No frost line • Not Permanently Affixed: ❑ Blocks ❑ Pier and Pad ❑ Wood and ConcretelMasonry ❑ Other GENERAL INFORMATION 11. All questions must be answered. Please mark an X In the appropriate box for the subJect. Any -NO- answers require an explanation to be provided as an addendum 10 the checklist. 1. SubJect has been converted to real property as evidenced by (e.g. 433A In California, Manufactured Housing Application In Washington, Conversion Certificate in Nevada. etc.): 0 Yes ❑ No II 'Yes*, recording 11 and date of document: 2. Subject foundation has been designed by an engineer. Yes 0 No © Unknown ❑ See Engineer Cer08catlon Attached 3. Foundation appears to be suitable for the soli conditions of the site. © Yes [❑ No ❑ Unknown 4. Post and piers appear to be placed according to manufacturer recommendations. © Yes ❑ NO ❑ Unknown 5, Foundation system is typical and ecceptable in the subject's marketplace. © Yes ❑ No 6, All wheels, axles, trailer hitches and running gear removed. © Yes ❑ No 7. The subJect is considered a'double•wide' manufactured unit. © Yes ❑ No 8. The subject manufactured home meets local zoning. © Yes ❑ No ❑ No zoning 9. The subJect has significant square 100t09e,100m size, storage, adequacy of roof pitch, and overhangs to be acceptable to typical buyers In the sect's market area. lig Yes ❑ No 10. Materials and construction of the subJect are acceptable in the subject's marker area. © Yes 0 No 11. Comment on the marketability of manufactured housing units in comparison to the marketability of site•built housing In the subject's area. The marketability of manufactured housing within the subject's price range, has remained active with no adverse marketability. APPRAISER'S CERTIFICATION: I certify that I have inspected the above referenced property and foundation system. — Signature: w Name: Steven W. Barrett, SRPA, SRA Inspection Date: 0612212004 State Certification 11: GA- 000298 -L Date Signed: 06/28/2004 or State License,: RB- 026921 -A Expiration Date of Certification or License: June 30, 2005 State: PA eimmaooyra. e....=Kernon xx,man Steven W. Barrett R.E. Appr. Svc. emc • • . 441 - 7540301 File No. 044427 ` "'• "" QUALIFICATIONS The following checked Items are specific special conditions that were Identified by this appraiser during the inspection of the subject property, the comparables sales, and their neighborhoods and tocatlons, Unless otherwise noted, the conditions that apply to the subject property or the comparable sales used DO NOT AFFECT THE MARKET VALUE OR THE FUTURE MARKETABILITY OF THE SUBJECT PROPERTY BEING APPRAISED. This Is not a home Inspection service. This is an appraisal to estimate market value. 1. The subject Is located In a rural area and is less than 25% built -up. 2. Commercial/Industrial uses are located within the subject's neighborhood. These uses are typical of similar neighborhoods. _x_3. Vacant and undeveloped land uses are located within the subject's neighborhood. These uses are typical for the area. _4. The predominant value In the neighborhood Is less than that of the market value of the subject property. This is due to the very wide range of value of properties in the area and superior quality of the subject property. _5. The subject property is located In a F.E.M,A. Identified Flood Zone. Flood insurance coverage Is required and suggested. _0. Dampness Is noted In the basement of the subject. Standing or running water was not present on basement floor. This condition Is considered typical In dwellings of this style. _x_7. The subject property Is serviced by private well and /or aeptic systems which is common for the area. _x_8. The subject Is older than five(5) years. All mechanical systems Including the heating, electrical and plumbing systems appear upon a visual exterior inspection to be In working order. No warranties are Implied In this statement. _ _9. Repair Items were noted In the comments section of the report. Those comments on repair items are for descriptive purposes only and are not required repairs. The items listed are cosmetic in nature. _10. The basement floor Is a dirt floor. This condition is common and typical for the area. and does not pose a health or safety hazard. 11. The subject property does contain functional obsolescence as noted in the report. This condition Is considered typical and common for the area and this style dwelling. _12. The land value exceeds 30% of total value due to the high demand for vacant land In this neighborhood. This condition Is considered common and typical for the neighborhood. �13. The land value exceeds 30% of total value. This 1s due to the large size of the site. This condition is considered to be typical and common. _14. Individual adjustments were required that exceed 15 %. These adjustments were required due to lack of more similar comparables on that Individual rating. All comparables used are the best available. _15. Total adjustments exceed 25 %. This Is due to the lack of comparable sales that were more similar in the subject's market area. All comparables used are the best available. _x_16. One or more comparable sales are older than six(6) months. Although there are comparable properties In the subject's area, none have sold recently; therefore, sales In excess of six(S) months have to be used. All comparables used are the best available. _x_17. One or more comparables used were in excess of one (1) mile from the subject property. Although there are comparable properties in the immediate area, none have sold recently. Therefore, it was necessary to use comparable sales outside of the immediate area. All comparables used are located in similar neighborhoods and within the same marketing area. All comparables used are the best available. _18. The electrical system was not connected during inspection. 19. The water service was not connected during inspection. _20. The heating system was shut down during inspection. _21. Roofing Plumbing Electrical_ Heatinglcertificatlon(s) Is /are suggested. 22. Inground swimming pool, out buildings are included ,not included_ according to lender's guidelines. _23. According to lender's guidelines a maximum of were considered for this valuation. Remaining acreage was given no value. • • 441- 7540301 Flie No. 04 -0427 QUALIFICATIONS _24. The subject property Is located on a private road. • 25. Wood Infestation Inspection Is suggested. _x_26. Last recorded deed transfer: Date_4 /6189 Consideration: $86,054 _27. Proposed construction /renovation in accordance to plans and specifications to be completed In a workmanlike manner. _x_28. Seller Is paying part or all of closing costs. _x_29. All comparable sales are verified closed sales. _30. There are no special conditions or other requirements that would affect market value or future marketability In the Appraisal Report. CHECKED ITEMS ARE SPECIFIC SPECIAL CONDITIONS THAT WERE IDENTIFIED BY THIS APPRAISER DURING INSPECTION. BJECT PROPERTY PHOTO ADDIJM Borrower. KENNEDY operty Address: l0 Smith Road INo.: 04-0427 Case No.: City: Gardners Lender: HomeSale Mortgage Servlcea S State: PA Zip: 17324 FRONT VIEW OF SUBJECT PROPERTY Appraised Date:June 22, 2004 REAR VIEW OF SUBJECT PROPERTY STREET SCENE Borrower KENNEDY Properly Address: i o Smith Road City: Gardner* Lender: HomeSars Mortgage Services greARABLE PROPERTY PHOTO A 0.: 040427 Case Na.: 441 - 7540301 State: PA Zip: 17324 COMPARABLE SALE 11 505 Chestnut Street. Mt. Holly Springs, PA Sale Date: 4/16/2003 Sale Price $ 110,000 COMPARABLE SALE it2 2476 Ratner Highway, Carlisle, PA Sale Date: 112912004 Sale Rice:; 124,900 COMPARABLE SALE 03 100 Yates Street Mt Holly Springs Safe Date: 11/00/2003 Sale Price: $ 100,000 • • FLOORPLAN• l Borrower: KENNEDY. Mani/Davin Property Address:10 Smith Road CItr: Oardnsrs Lender Home$aJWtortaant_Seorloa} Filo No.; 04 -0427 Case No.: 441-7540301 State: PA Zip: 17324 (`i , • r..ii.r_.._ • LL 4r • . . • III, T :t •• .t..,... • LOCATION MAP • • Borrower. KENNEDY File No.: 04.0427 Property Address:10 Smith Road Case No.: 441. 7540301 City: Gardners State: PA Zip: 17324 Lender: HomeSale Mortgage Services - smut ALTERS ♦ 'ie ,� a 'LE /dN8uftk SPR, a RD P,‘,�tx69` 1 81 rte' 00,47. 011j+F O S f , o t NOSEY 'C z \ \ ws s ao = (LING \1 011111F f K o SPRINGS PS' iS YELLON D SO4 W OLO YORK '0 6 � TELL tl B�ECNE ..r Gl Yr4@ pW — ^.t . � 1111 \M?oUNT HOLLY SPRINGS 1 0 s, Ar cc /J r ER4 ' �. T 1 y a` �! 9 4� p b V S a O , AN FR VA „�� 64 -2094 TELE ATLAS NA. INC Scal e t 13.02 miles prepared by. Steven W. BarrOIR.E. Appr. Svc. (717) 243.8846 124-126 NOR HANOVER STREET, CARLISLE, PA 17013 , 717-243-6646, FAX 717 - 243.6627 Pan 2: Comprehensive Valuation Package Valuation conditions SUMMARY APPRAISAL REPORT Department of Housing and Urban Development Office of Housing • Federal Housing Commissioner OMB Approval No. 2502 -0538 (exp. 06/30/06) FHA Case 6: 441- 7540301 - 7 42 File Number: 04 -0427 NOTICE TO THE LENDER All required repairs must be completed in a professional manner prior to closing, and in compliance with HUD guidelines. The lender Is responsible for coordinating repairs with appropriately qualified individuals or entitles, which may include professional engineers, tradesperson, HUD fee inspectors, or HUD roster appraisers. The lender must obtain documentation that all readily observable deficiencies noted by the appraiser have been acceptably corrected. The FHA appraiser shall invoke a VC condition for every 'yes' response or other items requiring clarification. SITE CONSIDERATIONS VC -1 Site Hazards and Nuisances Check the appropriate response for readily observable evidence of hazards. Hazards, as defined below, are conditions that endanger the health and safety of the occupants and / or the marketability of the properly. Use these criteria to determine the extent of the hazard. Please refer to HUD Handbook 4150.2 Section 2-2 for unacceptable locations and the protocol in Appendix D of the Handbook for further guidance. Provide a detailed comment for any "yes" response on Page 5. a. Surface evidence of subsidence / sink holes ❑ yes El no b. An active or planned oil or gas - drilling site is within 300 feet of the subject dwelling or related property Improvement(s) yes p no c. Subject dwelling or related property improvement(s) is f are within 75 feet of an operating oil or gas well with no visible mitigation measures ❑ yes © no d. Abandoned oil or gas well within 10 feet of subject dwelling or related property improvement(s) ❑ yes ❑x no e. Readily observable evidence of slush pits ❑ yes El no f. Excessive noise or hazard from heavy traffic area ❑yes no New / proposed construction In airport clear zone ❑ yes Qno h. Subject dwelling or related property improvement(s) is / are within 10 feet of the easement for a'high•pressure gas or petroleum line ❑ yes la no I. Subject dwelling or related property improvement(s) Is / are located within the engineering (designed) tall distances for overhead high - voltage transmission fine tower, radio / TV transmission tower, cell phone tower, microwave relay dish or tower. or satellite dish (radio, TV cable, etc) ❑ Yes Qno Excessive hazard from smoke, fumes, offensive noises or odors ❑ yes p no k. New! proposed construction or all manufactured homes In Special Flood Hazard Areas without LOMA or LOMR or elevation certificate Dyes Qno I. Stationary storage tanks with more than 1000 gallons of flammable or explosive material �] yes F3 no 9• 1• PROPERTY CONSIDERATIONS Mark 'YES' for any readily observable deficiency noted below. Each "YES` constitutes a limiting condition on the appraisal. Each condition requires repair or further inspection. These conditions must be satisfied prior to closing for the mortgage to be eligible for FHA mortgage Insurance. Please refer to HUD Handbook 4150.2, Section 3-6 for guidance on HUD's General Acceptability Criteria. Also, refer to the protocol in Appendix D of the Handbook for repair and inspection requirement parameters. VC -2 Soil Contamination Check the appropriate response. Provide a detailed description of "yes" responses and provide further analysis on Page 5. a. Surface evidence of an Underground Storage Tank (UST) ❑ yes In no b. Proximity to dumps, landfills, industrial sites or other locations that could contain hazardous materials ❑ yes in no c. Presence of pools of liquid, pits, ponds, lagoons, stressed vegetation, stained soils or pavement, drums or odors ❑ yes Q no VC -3 Grading and Drainage Check the appropriate response. Provide a detailed description of "yes" responses an Page 5. a. Grading does not provide positive drainage from structure(s) ❑ yes F3 no b. Standing water proximate to structure(s) ❑yes al no VC-4 Individual Water Supply and Sewage Systems Check the appropriate response. Provide a detailed description of "yes" or "unable to determine" responses on Page 5. a. Private sewage system shows observable evidence of system failure ❑ yes © no b. Property Tacks connection to public water ❑ yes ❑ no c. Property lacks connection to a public / community sewage system yes ❑ no d. Separation distance between well and septic tank does not comply with HUD sidelines ❑ yes no ❑ unable to determine e. Separation distance between well and drain field does not comply with HUD guidelines ❑ yes Q no ❑ unable to determine f. Separation distance between well and property line does not comply with HUD guidelines ❑ yes IN no ❑ unable to determine El 'Lender will require water testing for "yes" response. NOTE: Connection should be made to public or community water / sewage disposal system. Appraiser shall indicate whether public water or sewage disposal system is available. The lender will determine whether connection Is feasible. Page 1 of 5 PnettCatr aWMan nonom...Aa.mam Steven W. Barrett R.E. Appr. Svc. Form HUO.92554•VC (07/2003) di AS W SUMMARY APPRAISAL Part 2: Comprehensive Valuation Package Department Valuation Conditions and Urban Development Office of Housing REP of Housing OMB Approval No. 2502 -0538 (exp. 06130/06) - Federal Housing Commissioner FHA Case r: 441- 7540301 - ) 62 Ole Number: 04-0427 VC -5 Wood Destroying Insects VC -8 Foundation Check the appropriate response. Provide a detailed description Check the appropriate response. (Appraiser must have full access to of "yes" responses on Page 5. these areas) Provide a detailed description of any "yes" responses and identify the exact location of any a. Structure and accessory buildings) is I are ground level and / or wood touching ground L deficiencies on Page 5. IN yes ❑ no Basement b. The house and / or other structure(s) within the legal boundaries of the a. Blocked or Inadequate access property show obvious evidence of infestation from wood destroying ❑ yes ❑ no © n/a insects b. Evidence of significant water damage ❑ Yes ©no ❑ Yes ❑no El rile c. Significant cracks or erosion In exposed areas that effect VC-6 Private Road Access structural soundness Check the appropriate response. Provide a detailed description of "yes" responses on Page 5. ❑ yes ❑ no ® n/a Crawl Spac@ a. Property inaccessible by foot or vehicle d. Blocked or Inadequate Access ❑ yes ® no ❑ yes © no 0 n/a b. Property accessible only by a private road or drive' e. Space inadequate for maintenance and repair ❑ yes E no (Recommend 18 inches) c, Property is not provided with an all-weather surface (gravel is ❑ yes © no ❑ rda acceptable), 1. Support beams not intact ❑ yes ® no U yes a no ❑ n/a ' g. Excessive dampness or ponding of water in all cases where a private road exists, lender Is to submit evidence that the road is protected by a permanent recorded easement (non- exclusive, non - revocable roadway, driveway easement without trespass ❑ yes ® no ❑ n/a shik from the property to a public street! road) and that there Is an acceptable h. Significant cracks that could affect structural soundness maintenance agreement recorded on the property or that the road is owned and maintained by an HOA. yes ❑ no ® ilia VC -9 Roofing VC -7 Structural Conditions All roofs on subject property must be addressed. Check the Check the appropriate response. Provide a detailed description appropriate response. Provide a detailed description of any of any "yes" responses and identify the exact location of "yes" responses and identify the exact location of any any deficiencies on Page 5. deficiencies on Page 5. Floor Support Systems a. Evidence of deterioration of roofing materials SI a. nificant cracks (missing tiles, shingles, flashing) ❑ yes ® no 3 yes la no b. Evidence of water damage b. Roof life less than two years' ❑ yes DI no ❑ yes ® no c. Evidence of spongy / weak / rotted flooring c, Holes ❑ Yes El no ❑ yes 0 n d. Si ns of leakage observable from ground Framing / Walls lCeiling U yes ® no d. Si nificant cracks e. Roof is Flat or otherwise unobservable" yes la no ❑ yes Q no 'HUD / FHA requires that the roof have at least 2 years remaining life. e. Visible holes In exposed areas that could effect structure ❑ yes DI no f. Significant water damage If the roof has less than 2 years remaining life, then the appraiser must ❑ yes p no call for re- roofing or repair. The condition must clearly state whether the subject Is to be repaired or re- roofed. FHA will accept a maximum of Alti2 Slayers of existing roofing. If more than 2 layers exist and repair is g. Inadequate access necessary, then all old roofing must be removed as part of the re- roofing. ❑ yes ❑ no 3 n!a h. Evidence of holes "All such roofs require Inspection, Inspections must estimate life ❑ yes ❑ no © n/a expectancy of the roof to be at least 2 years. L support structure not intact or damaged U yes ❑ no p n/a J. Significant water damage visible from interior U yes ❑ no C n/a k. No ventilation by vent, fan or window ❑ yes ❑ no © nla ge2of5 Pwa[N Wq ACI seevan.ee0,234 .ettl «ror "SO= Steven W. Barrett R.E. Appr. Svc. Form HUD•92564•VC (07/2003) Part 2: Comprehensive Valuation Package Valuation Conditions SUMMARY APPRAISAL REPORT Department of Housing and Urban Development Office of Housing • Federal Housing Commissioner OMB Approval No. 2502 -0538 (exp. 06/30/06) FHA Case t: 441- 7540301 - -)63 File Number: 04 -0427 VC-10 Mechanical Systems (Ail utilities must be turned on at time of appraisal, if possible) Check the appropriate response. Provide a detailed description any "yes" responses and identify the exact location of any deficiencies on Page 5. Furnace / Heating System (If unable to test check all "yes") a. Unit does not tum'On' ❑ yes ® no ❑ Na b. Heat is not emitted ❑ yes ©no QNa c. Unusual or irregular noises are heard ❑yes ©no ❑Na d. Smoke or irregular smell is emitted ❑ Yes © no ❑ Na e. SI nificam holes or deterioration on the unit(s) yes P no ❑ nla Air Conditioning (central) (If unable to test check all "yes ") f. Unit does not tum'On' ❑ Yes Qno 0 N g. Cold air is not emitted ❑ yes © no ❑ nla h. Unusual or Irregular noises are heard ❑ yes p no ❑ n/a i. Smoke or irregular smell is emitted El yes p no ❑ No J. Si ni8cant holes or deterioration on the unit(s) Significant yes Q no ❑ nla Electrical System (If unable to test check all "yes") k. Electrical switches do not function (check representative sample) ❑ yes (g) no L Outlets do not function (check representative sample) ❑ yes Ai no m. Presence of sparks or smoke from outlet(s) ❑ yes ® no n. Exposed fro ed or unconnected wiring yes [X] no Plumbing System (If unable to test check all "yes") Water o. nlficant drop or limitation In pressure Si J yes Q no p. No hot water ❑yes El no Toilet q. Toilets do not function ❑ yes ©no r. Presence of leak(s) ❑ yes © no Sinks / Bathtubs / Showers s. Basin or pipes leak ❑ yes El no t. Water does not run ❑ yes Q no Leaks U. Evidence of damage under fixtures ❑ yes ®no v. Puddles present ❑yes ©no Sewer System w. Observable surface evidence of malfunction ❑ yes pno VC -11 Other Health and Safety Deficiencies Check the appropriate response. Provide a detailed description of any "yes" responses and identify the exact location of any deficiencies on Page 5. a. Broken windows panes / inoperable windows ❑ yes no b. Broken or missing stairs g Yes ❑no c. Broken or missing exterior doors ❑ yes no d. Inadequate / blocked entrances or exits ❑ yes no e. Steps without handrails yes ❑ no f. The mechanical garage door does not reverse or stop when meeting reasonable resistance during closing ❑ yes 0 no ®Na g. Health, preservation and / or safety deficiencies exist and are not included in this or any other VC Item ❑ yes © no VC -12 Lead Based Paint Hazard For any home built prior to 1978. check for evidence of defective paint surfaces, including: peeling, scaling or chipping paint. Check appropriate response. Provide a detailed description of any yes responses and Identity the exact location of any deficiencies on Page 5. a. Evidence on Interior ❑ yes ©no b. Evidence on exterior ❑ yes p no Year built 1998 If the home was built before 1978, this may indicate a lead paint hazard. For all FHA insured properties, correction is required to all defective paint in or on structures and / or property improvements built before January 1, 1978 inaccordance with 24 CFR Part 35. VC -13 Condominiums Provide a description of "yes" responses on Page 5. Property is a condominium ❑ yes 0 n If yes, a. This propert/ Is not on an FHA approved condominium list ❑ yes (_J no b. The condominium protect does not meet the 51% owner occupancy requirement. Mark yes if unable to determine percentag of owner occupancy. ❑ yes 0no Page 3 of 5 Pod NW9 Aquino . IN 234.rn7* .d.a, , Steven W. Barrett R.E. Appr. Svc. Form HUD- 92564•VC (07!2003 Part 2: Comprehensive Valuation Package Valuation Conditions SUMMARY APPRAISAL REP• • Department of Housing and Urban Development Once of Housing - Federal Housing Commissioner FHA Case 1: File Number: OMB Approval No. 2502.0538 (exp. 06/30105) 441- 7540301 - -)0,) 040427 VC.14 Manufactured Housing A manufactured home is defined as a structure that is transportable M one or more sections. In the traveling mode, the home is eight feet or more in width and forty feet or mom in length and is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities, which Includes the plumbing, heating, alr- conditioning and electrical systems contained therein. A Manufactured Home Is designed and constructed to the Federal Manufactured Construction and Safety Standards (MHCSS) as evidenced by an affixed certification label. Manufactured Homes may also be referred to as mobile homes, sectionals, multi- sectionals, double - wades, triple -wider or single- wides. Modular housing is built to local / state codes and is not to be considered manufactured housing. When erected on site, to be eligible for FHA insurance the manufactured home is: • Built on or after June 15, 1976 to the MHCSS • At least 400 square feet • Built and remains on a permanent chassis • Designed to be used as a dwelling with a permanent foundation built to FHA criteria Provide a description of any "yes" responses on Page 5 Subject property or any portion of the property is a manufactured home as defined by HUD yes U no If yes, the following are required: a. Manufactured home does not have HUD certification label I seal (red tag) yes 0 no Label f Seal Number(s) b. Manufactured home has attached additions / structural modifications yes ❑ no If yes, cite nature and location of structural modifications on page 5 Alternate Construction serial number c, Engineering Certification Is not present. yes U no Permanent Foundation must comply with the HUD Permanent Foundation Guide for Manufactured Housing-- - (Engineering Cert Required) d. Manufactured home Is not taxed as Real Estate Drsonal property tide must be purged) yes no ADDENDA A. Provide a summary of estimated repair costs: S 350 Please attach any additional Information / reports and give number of attached pages. Public reporting burden for the collection of information is estimated to average 30 minutes to complete the Comprehensive Valuation Package. This includes the time for reviewing the associated Handbook and reporting the data. This does not include the requisite market research or the appraisal process. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. Privacy Act Notice: This information is required for the U.S. Department of Housing and Urban Development to endorse a single. family mortgage and is used for underwriting purposes. The collection of this information Is necessary to comply with HUD's Home Buyer Protection Plan. The Information may be made available to a federal agency for review. This information is not confidential and will be made available to the public. Page 4 of 5 Pm4.41e19AcI Wham e1 nn n.•.ee.b.e Steven W. Barrett R.E. Appr. Svc. Form HUD.92564.VC (0712003) Part 2: Comprehensive Valuation Package Valuation Conditions alli UMMARY APPRAISAL REPORT Department of Housing OMB Approval No. 2502 -0531 and Urban Development (exp.06/30106) Office of Housing • Federal Housing Commfssicner )0./ FHA Case /: 441.7540301 File Number: 040427 Description of Responses and Related Comments Section VC # (a,b,c..) Comments 4 b & c Public water & sewer are not available at this location. Water test & septic certification required. 5 a Wood Insect Infestation Inspection required. 11 b & o Install steps with handrail to rear entrance door. 14 a, b, c Subject 1s a double wide manufactured home. HUD and engineering certificate not required. Subject has a sun room addition. Page 5 of 5 Fna..1 Rq M We..a NO rwrti...+ewtcmi Steven W. Barrett R.E. Appr, Svc. Form HUO.92564 -VC (07/2003 .111.-27-2 e94 15 :09 .u.....• ....• JtESPLE I ORTGf�L'£ ^ • 7177931294 P.92 uql- 7stfa361-703 imaKNANitagm. mot PI 1 t.m.smr+)'f 4 %roi WOW ...... r.e..Ir�ry/trlMrr owe �.d d.tagt�Ft rrwrr.e w•+�1WV�_ al$ amlra as g... star :Mk Imparnnt 1 tfoticA 'Mtn komtytrau Fwd •• tea.+wl lelp w�r'%anwa..iw�gi. 414,1004444041.14.14, Brat.. ° ialbM°an •c6rr treaeeInit motif rs..rr :10•MINVIC PWAISIc t.u.Enwrwn.r •MwprICfaCU }ZslAIMrrt ria am'flaptv Rgrmiotrtria n�.w4n0u mcneurrienie •r.a►.Mieilk IONS d »di .craw anneunhRar+ may syd Ad gyp/ W, raarpshntr. tslweb ya er ilav ownoir.ww.. Oyusrtety calm44et atiensralr. aw TtN 1f �_. Strllgrb 9JAGnaataw NOakgy 14kAJt Oro *mew .>ti4 M> /r. ertacr10 MIMIC Mot � nsime¢ r.wl rslr.sl ueMdrl>+w. Q IIMIIIIIIIIIIIIIIIIIINI aml94144O111441114111 1 Faad/9f0CISdedtt j 4614100E4MM Mill Preeiesl t rros+ra[ Gni Now Dateuclitt 1 r flitn.Wttf>rM►14Mime toVabw6WifiM lb14441Vrteopodlo ilabt II/41.4401II/41.440117/0 *OW �ow eds rtrrd oayrbytNaerAm MnaYS+sswe«.w>Mta M>rwfr daft y& r . m ...„........„.......i. }. w iFR+A na i .ar.►art'd►f lalititriWintrin7 =mot Ike - 111-i' 149ly40'd t11-1 411.4.4.4.14.4 IUL etla TR 1119- 9 ll indtU 1 4199n uutl7-NC1i • • 15119 °t0 y9 -1Z•10 EXHIBIT D EXHIBIT E 40 -40- 2656 -OO1C KENNEDY RT DEVIN M & MARC] : M SPEC ID: CTL:40005826 TIEBACK: 40 -40- 2656 -001. 1 10 SMITH ROAD School: 8 Nbad: 40313 Part Interest of J GARDNERS PA 7324. RESIDENTIAL INFORMATION: GPS Building Desci:ipt. GREY/BURGUNDY SHUTTERS Lat.:4.0.06460 Stories Group.... 1 PROPERTY TYI'R R9' ( 108 ); Long: 77.11367. Jwel l iriy Type.... MANl1P Year L'u:i.11... Icr; t'.) 1999 ... ..... ..... Exterior Walls... Vinyl Remodeled Neighborhood 'Type 17118 Effective Ale 1.999 Heating Dist Forced Air Conn (Iut: & Ext) .. S Heating SourceNatu a1GaS PRELIM GRADE C 'l ntal /13ed Rooms.. 6 / 3 • Fu.l.1 /Half Baths.. 1 / 1 ( 9 complete: W.V. COST Fireplace Count.. 0 Central A/C AC FINAL, RESIDENTIAL VALUE... - 107354 103298 Basement '71..13 Lot. Type: Interior Terrain : Level OU'.1'BUILDING VALUE 0 0 Sewer Sandmnd Water Well Road Paved Other Residenti.als ( ) _ AgScrty: N Sdewlk: N GasAval: WS SpView: N Other Commercials ( ) = Histric: N WtrFnt: N Ra±1Av1: N TreeCv: 0 Mobile Home Class: Park: S Sire: X Addn: Limi.tinc9 Factors: . ASSESSED VALUE HISTORY ASMT FM LAND FM BLDG FM TOTAL -- ST CG LAND CG BLDG CG TOTAL TOTAL IMPROVEMENT VALUE... 1.07400 103300 03/01/201.0 60900 107400 168300 02/28/2010 46620 58590 10521.0 03/01/2004 46620 58590 1052:10 02/29/2004 17230 73:370 90600 Grantee Book /Page Date Price Ad Price KENNEDY, DEVIN M & MARCI M 00264 -02568 08/03/2004 11.3900 FULTON, BETTIE J. & 00197-00128 04/06/1999 86054 » PROPERTY RECORD CARD CUMBERLAND COUNTY « Fair Markel:. Clean & Green: NO Land - 60900 L }31dg - 107400 l3 Total - 168300 T Assessed - 1613300 A Finished Bsmnt:: j Living Area - 1736 Basement- Garage 1 Enclosed Porch.: 0 car's, apprx: 0 1 Hsmt /LL Garayr:: 14 :t 6 3/0 1.6 13 16 13 7/1 13 72 7 56 2/5 27 g 1 40-40-2656-001C 1 KENNEDY, DEVIN M & MARCT M TYPE:RT-Mobile Home - Win Land Loc: 10 SMITH ROAD I 10 SMITH ROAD Des: LGARDNERS PA 17324 ID# TYPE DESC. SIZE STY SQFT AGE/COND PRICE FACTOR VALUE PORTABLE FRAME 8x 8 x 1 = 64 1998 F .0 2 PORTABLE METAL 8x 8 x 1. = 64 3.998 F .0 TOTAL OUTBUILDING VALUE: 0 1,07 SIZE: actual. frontage TOtal Lot SgFt Frontage: Depth: FF?: FD Type: l-it _ Perc: FAIR MARKET LAND VALUE ACRES BASERATE IND% SLOPE PROD $/ACRE VALUE LOT SOFT BASEACRE 1.00 55000 55000 55000 TILL/RES .37 12000 12000 4440 WOODED .15 9600 9600 1440 NON-TILL DEEDED 1.52 Fair Market Land Value: 60900 AGRICULTURAL USE LAND VALUE BASERATE PRODUCTIVITY $/ACRE VALUE BASEACRE 1.00 TILLABLE .37 WOODED .15 NON -TILL DEEDED 1.82 Ag Use Land Value: Clean & Green? NO Ag Sec Area N Avg Slope: PROPERTY RECORD CARD (Page 2) - CUMBERLAND COUNTY Neighborhood: 4038 - Gardners Main Zoning • AC - Townsbip....: 40 - SOUTH MIDDLETONTWP_____ Plot Plan: No Plot Plan Entered Road Frontage PHOTO ID NUMBER: VA145618 General Remarks: 01/07/99 TRANSFER KJM 06/07/99 MNT 05/25/99(1ST) - 04/14/99 REASON: N 01/20/99 MNT 01/12/99(PST) - 01/04/99 REASON: N COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 1/31/14 15:33 REFERENCE # 809251 FULL SPECTRUM SERVICE 400 FELLOWSHIP RD STE 220 MT LAUREL NJ 08054 -0000 CERTIFICATE 8 ATTESTATION 140310753000197 016 I hereby certify that Anita M. Wasko, Director of the Bureau of Motor Vehicles of the Department of Transportation, is the legal custodian of the Motor Vehicle Records of the Pennsylvania Department of Transportation. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL OF THIS DEPARTMENT ON THE ABOVE DATE IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. ay 09. BARRY J. SCHOCH, P.E. SECRETARY OF TRANSPORTATION I hereby certify that the documents attached hereto are full, true and correct photostatic, microfilm or printed copies of documents or electronically stored information of which I have legal custody and that the copies conform to the requirements of 6109 of the Judicial Code. Sales tax information is redacted from applications for certificate of title in accordance with the Act of April 9, 1929, P.L. 343, as amended, 72 P.S. Section 731. TITLE: 52685378 VIN : 20130E CERTIFIED IN ACCORDANCE WITH SECTION 6103 OF THE JUDICIAL CODE, TITLE 42, PA. Consolidated Statutes. jr'�L.G{ 7`e�...i'"^u'L.K. r ✓G.�.. /s�.l"'�J.�"�""• ANITA M. WASKO, DIRECTOR BUREAU OF MOTOR VEHICLES PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 1/31/14 15:33 PAGE 1 REFERENCE # 809251 OWNER . BETTIE J FULTON � JEFFREY L WAUGHMAN 10 SMITH RD GARDNERS PA 17324 TITLE NUMBER , 52685378 TAG NUMBER VIN ' 20130E MAKE ; DUTCH HOUSING MODEL RENEWAL WID PREVIOUS TAG LIENS t YES STOPS . M TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME ' BANK OF AMERICA FSB ADDRESS: 400 SOUTHPOINTE BLVD STE 230 CAw0NSWURG PA 15317 1403107530801$7 016 LESSEE , NONE TITLE DATE : 11/20/98 REGISTRATION EXPIRY DATE: BODY TYPE ' MH ODOMETER READING * *EXEMPT BY FED LAW DUPLICATE TITLE COUNT : 0 VEHICLE YEAR ; 1999 STOLEN DATE NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68891 HARRISBURG, PA 17106-8691 EXPIRATION DATE: 11/28/28 ABA NO : ELT IND: INFORMATION: IN STATE OUT-OF-STATE TDD IN STATE TD0 OUT-OF-STATE (8'00 AM TO 5:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 WWW.DOT.STATE.PA.US EXHIBIT G 2013MAR 20 L1 9: b8 CUM . p .2•ANIA PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHII MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. MARCI M. KENNEDY DEVIN M. KENNEDY 10 SMITH ROAD GARDNERS, PA 17324-9006 File /4: 315492 Defendants IslissWeendosustupg atelaWIdeddamill ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS cm', DIVISION TERM NO. 3-J4 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURC E T 0 N s 0 N Supreme Court of Pennsylvania Cour00' fCgiuniql, Pleas ervq,COver 4i,ee t CUMBERLAND- County For Prothonotary Use Only,: Docket No The information collected on this fOrm is used Solely /Or court administration purposes. This fin-rn does nor smyement or r,::,place the filing and service 1.;.1111Leadin,f.,:.,,' or otklyaffis red 1,1);., law or rules fcowt. Commencement of Action: CO Complaint 0 Writ of Summons D Petition Transfer from Another Jurisdiction [.„1 Declaration of Taking Lead Plaintiff's 'Name: PIM MORTGAGE Lead Defendant's Name: :MARC! M. KENNEDY CORPORATION Are money damages requested? El Yes 01 No Is this a Class Action Suit? Li Yes P.3i No Dollar Ainomit .Requested: El within arbitration I (Check one) El outside arbitration limits Is this an M.1).1 Appeal? Eli 'Yes N No Name of PlaintifflAppellant's Attorney: John Michael .Kolosnik, No.308877; Phelan Hal:titian .1,LP Li Cheek here it you have no attorney (arc i Self-Represented Pro SO Litigant) Nature of the Place an ".X" to the Ion of the ()NE case category that most accurately describes your PR1MARY CASE. If you are rttaking more than one type of claim, check the one that you consider most impoitant TORT (do not include Mays Tort) Intentional 0 Malicious Prosecution D Motor Vehicle El Nuisance .Pretnises Liability El Product Liability (doe,s nor include mass tort) Ci Slander/Libel/ Defamation ED Other: MASS TORT F..] Asbestos 1.1 'Tobacco 7:Toxic -Fort - DES ..::11Toxic Fort - Implant 0 Toxic Waste. Other: PROFESSIONAL L.A. Dental D Legal Medical O Other Professional: Po.R.CI P. 205.5 LAITY CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card E Debt Collection: Other 0 Employment .Dispute: Discrimin.ation. Li Employment Dispute: Other Other: 1 ; PR 0 EI,t TY CI Ejectment Ji Eminent D ornantiCondot 0 at..1 on ETT.: Ground Rent Landlord/Tenant Dispute Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial Partition 0 Quiet Trine 0 Other: CIVIL APPEALS Achninistrative Agencies O Board of Assessment O Board of Elections O Dept. of Transportation O Statutory Appeal: Other ED Zoning Board El Other: ;MISCELLANEOUS LT] Corn 111.011 LiwfStatutory Arbitration Declaratory .luds2tncrit Et Mandamus EiT Non-T.)omestic 1atrors Restraining Order Quo Warrant() Replevin O Other: Updated 01/01/2011 NoTrcE 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 PA PER TO YOUR. LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER., (K) TO OR TIH-EPHONE 'FHE OFFICE sET FORTH BEI...0W. THIS OFFICE C.A.N PROVIDE YOli WITH INFORMATION ABOUT HIRING A .1..„AWYER.. IF YOU CANNOT AFFO.RD TO HIRE A LAWYER, "FHB OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOR.MATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PE,R.SONS AT A REDUCED FEE OR. NC) FEE. CUMBERLAND COUNTY ATTORNEY IREFERR.A.L CUMBERLAND COUNTY 'BAR ASSOCIATION CUMBER] it ND (;01.1N1Y COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (300) 990-9108 File 4: 315492 PHELAN HALA..ANAN, John Michael Kolesnik, Esq., Id. No.308877 1617 JEK, Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff MARC.[ M. KENNEDY DEVI:N. M. KENNEDY 10 SMITH ROAD GARDNERS, PA 17324-9006 D e fend an ts ATTORNEY FOR PL.AINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW CO. NT IN .MORTGAGE FORECLOSURE 3 15492 .Plaintiff is PETE MORTGAGE COR9OKATlON 2001 BISHOPS GATE BLVD MOUNT LAUREL, N]OD054 2. The name(s) and last know.n address /un} ofUho[)cfendmot(o) urn� MARC{M. KENNEDY DEVIN M. KENNEDY J0 SMITH ROAD GARDNERS, PA 17324-9006 whoimare the mortgagor(s) and/or real uwno(s)of the property hereinafter described. 3, On 07/30/2004 MATZO M.. KENNEDY a.nd DEVIN M. KENNEDY Made, executed and delivered : .mortgage upon tho premises hereinafter described toCENT}A.NT MORTGAGE COR.PORATIC)N which nmrlgage is recorded io the Office ofthe Reeorder of Deeds of CU MBERLAND County, in Mortgage J:3ook |076' Page |R6. By Assignment of Mortgage recorded. l0/22/2004 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTR/\TI(JN SYSTEMS which Assignmen.t is recorded in Assignment of Mortgage Book 7l2` Page 2394. The PLAINTIFF is now the -~ mortgagee and is in the process of fbrwalizing an assignment of SO1IIC. The mortgage and assignment(s), if any, are matters of public record and. are incorporated 'herein by reference i/z aocordnncc ‘/W) Pa.11.C.Y. ]()lA(o); which Rule relieves the Plaintiff from its obU8u{imi attach documents to pleadings iF those documents are u{ public record. 4` The premises subject k, said rnortga.gcim described oyattached, 5. The mortgage is in default because monthl■ payments &principm|aod interest upon said mortgage due 10/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File /1; 315492 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The to.ilowinn amounts are due on the mortgage as or 0.2/01/2013: Principal Balance $99,605.41 Interest $2,801.40 09/01/2012 through 02/01/2013 Late Charges $87.93 Property Inspections $11.25 Mortgage Insurance Premium / $81.88 Private Mortgage Insurance Escrow Deficit $7.1„74 TOTAL S102,659.61 7. 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 bankru.ptcy 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, 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Detendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have fai ed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been derded assistance by the Pennsylvania Housing Finance Agency. 154i2. WHEREFORE, Plaintiff demands an in r� judgment agaioaLthe Defendant(s) in the sum of S|0Z'059.6l, together with interest, costs, fees, and chargcs collectible under the mortgage including bitt not limited to attorney fees and costs, and for the fo u - mnduuleo[[bc mortgaged property. By. --''- J |Kz'lemnib,6aq� Id. No.3O8O77 torney for Plaintiff LEGAL DESCRIPTION All that certain parce of land in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being known and designated as follows: Beginning at a steesteel pin set on the southern edge of the cartway of Smith Road ('['-53 1), at lands now (Jr formerly of Fred Sowers, said pin xuurkiogthecnmnznu powt of ad joiner as Lots Nos. I and 4 on the hereinafter mentioned plan of subdivision; thence departing Onon said pin. Crossing Smith Road and extending ulongL.o(x Nos. 1 and 2 on the hereinafter rnwntkmedy|un of subdivision, North 06 degrees 06 minutes 05 seconds West, for a distance n[44l96 .CocL to a steel pin at Lot 'No. 3; thence extending along Lot No. 3, North 59 degrees 46 minutes 30 seconds East, for a distance of 1 1969 feet hxroocously referred to as 1193.69 in prior deed) to a steel pin at Lot No..5; thence extending along Lot No. 5, South 16 degrees 48 minutes 50 seconds East, through a steel pM set on the northern most dedicated right-of-way line of Smith Road, o distance of3I.57 fret from thetermin.us for this call, for a total distance of 417.58 feet: to opivaetinthmourtm/uyof8mithRoad,nuaritaanuthorood#c`n1londmoovvorfnonor|vn[Frcd Sowers; thence extending in and along the southern edge of' Smith Road, and along lands now or formerly of Fred Sewers, South 59 degrees 32 minutes 45 seconds West, for u distance uf205.]U feet to aa(eo| pin on the edge of said. cartway at Lot No. 1, said pin marking the place of BEGINNING. Containing 1.515 acres (including right of way). Being Lot No. 4 on a Final Plan of Minor Subdivision for Bioxa, Inc., dated October 29, 1986 and recorded in Cumberland County Plan Book 52, Page 20. 11: 315,192 Being the same premises which Bettie J. Fulton and Jeffrey L, Baughm.an, by deed dated July 26, 2004 and recorded , in and tbr Cumberland C.2.ounty, in the Office of the Recorder of Deeds, in .Deed Book l'age , granted and conveyed unto Devin M. K.ennedy and Marci M. Kennedy, husband and wife. PROPERTY ADDRESS: 10 SMITH ROAD, GARI)NERS, PA 17324-9006 PARCEL # 40-40-2656-001.0 rdel YE. 'iCATION -----sistatnt Vice President. 0- 0— \\,-• hereby states that he/she is of, 1)1•11 MORTGAGE; CORPORATION, Plaintiff in this matter, that he/she is authorized to make this 'Verification, and verify that the statements made in the thregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: By PH'S it: 3 I 5492 Name: K.1::NNEDY By PM Mortgage Corporation, Its authorized agent, E :HIBIT H fFICL CF THE PROTHONOTARY PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.3121 '941 3 AUG 26 Ail 9' 54 1617 JFK Boulevard,*Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215 -563 -7000 PHH MORTGAGE CORPORATION vs. MARCI M. KENNEDY DEVIN M. KENNEDY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -1482 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MARCI M. KENNEDY and DEVIN M. KENNEDY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $102,659.61 TOTAL $102,659.61 I hereby certify that (1) the Defendants' last known addresses are 23 ORANGE ST, MOUNT HOLLY SPRINGS, PA 17065 -1722, 10 SMITH ROAD, GARDNERS, PA 17324- 9006, and 110 GOODYEAR ROAD, CARLISLE, PA 17015 -9407, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date fg/ 2311'3 nathan Lobb, Esq., Id. No.312174 Attorney for Kaintif f DAMAGES AR�JE H REBY ASSESSED AS INDICATED. DATE: /1 /�l fp IJ' PH # 809251 PROTHONOTARY 60,46 11,.so a Of /3Y? 809251 attForiggIg7 rvchL Aye EXHIBIT I PHELAN HALLINAN, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 -1814 215 -563 -7000 Fax: 215 - 563 -4491 Email: Lauren .tabas. @phelanhallinan,com Email: joseph.debarberie@,phelanhallinan.corn Lauren R. Tabas, Esquire Representing Lenders in Joseph E. DeBarberie, Esquire Pennsylvania April a , 2014 Marci M. Kennedy 23 Orange Street Mount Holly Springs, PA 17065 -1722 RE: PHH Mortgage Corporation v. Marci M. Kennedy, et al Cumberland County CCP, No. 13 -1485 Dear Ms. Kennedy, Enclosed please find a true and correct copy of my proposed Plaintiffs Motion for Order Declaring Home as Real Property and to Confirm Sheriff's Sale, Nunc Pro Tune., and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is declaring the property at 10 Smith Road, Gardners, PA 17324 -9006 to real estate. Please respond to me by April 11, 2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, 06$1,t4,- Lau r i R. Tabas, Esquire Josef E. DeBarberie, Esquire For Phelan Hallinan, LLP Enclosure PHELAN HALLINAN, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 -1814 215 -563 -7000 Fax: 215 -563 -4491 Email: lauren.tabas.Aphelanhal linan.com Email: Joseph .debarberic @phelanhallinan.com Lauren R. Tabas, Esquire Joseph E. DeBarberie, Esquire April ' , 2014 Devin M. Kennedy 110 Goodyear Road Carlisle, PA 17015 -9407 Representing Lenders in Pennsylvania RE: PHH Mortgage Corporation v. Marci M. Kennedy, et al Cumberland County CCP, No. 13 -1485 Dear Mr. Kennedy, Enclosed please find a true and correct copy of my proposed Plaintiffs Motion for Order Declaring Home as Real Property and to Confirm Sheriffs Sale, Nunc Pro Tunc, and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is declaring the property at 10 Smith Road, Gardners, PA 17324 -9006 to real estate. Please respond to me by Aprill, , 2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, o-y-bat n R. Tabas, Esquire Jose . i F, DeBarberie, Esquire For Phelan Hallinan, LLP Enclosure PHELAN HALLINAN, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 -1814 215 - 563 -7000 Fax: 215 -563 -4491 Email: l auren . tabas. (cr�,phel anhal l inan . com Email: Joseph .debarberie@phelanhallinan.com Lauren R. Tabas, Esquire Representing Lenders in Joseph E. DeBarberie, Esquire Pennsylvania April 4, 2014 Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324 -9006 RE: PHH Mortgage Corporation v. Marci M. Kennedy, et al Cumberland County CCP, No. 13 -1485 Dear Mr. Kennedy, Enclosed please find a true and correct copy of my proposed Plaintiffs Motion for Order Declaring Home as Real Property and to Confirm Sheriff's Sale, Nunc Pro Tune, and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is declaring the property at 10 Smith Road, Gardners, PA 17324 -9006 to real estate. Please respond to me by April 11 , 2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Lei . ren R. Tabas, Esquire Jos ph E. DeBarberie, Esquire For Phelan Hallinan, LLP Enclosure Name and Address Of Sender Line 5 10 11 12 Article Number kxk/809251 -1097 kxk/809251 -1097 kxk/809251 -1097 PHELAN HALLINAN, LLP One Penn Ce nter at Suburban Station Suite 1400 Phillsdeiphia PA 19303 -1814 Name of Addressee, Street, and Post Office Address Marci M. Kennedy 22 Orange Street Mount. Holly Springs, PA 17065 -1722 Devin M Kennedy 110 Goodyear Road CIrlisle, PA 17015 -9407 Mrci M. Kennedy Devin M. Kennedy 1C Smith Road Gardners, PA 17324-9006 Postage xt' • Total Number of Pieces Listed By Sender Tottl Number et Pieces `Reserved at Pc. Office Postmaster; Per (Name Of Receiving Employee) The fitll declaration of %glue is required on all domestic and international registered mail. The maximum Mr the recotistntctien'ofnonnegotiable documents under Express Mail document reconstruction insurance is S subtea to a afintr of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchand $500,The marumum indemnity payable is $25,000 for registered mail, sent with optional insurance: See Do R900,S9I3iaiid 542 i for limitations of coverage. PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 -1814 (215) 563 -7000 PHH Mortgage Corporation : Court of Common Pleas 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 : Civil Division Plaintiff : Cumberland County ATTORNEY FOR PLAINTIFF vs. : No. 13 -1482 Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324 -9006 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Order Declaring Home as Real Property and to Confirm Sheriffs Sale, Nunc pro Tunc and Brief in Support thereof, were served by regular mail on Defendants on the date listed below. Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324 -9006 Marci M. Kennedy 23 Orange Street Mount Holly Springs, PA 17065 -1722 Devin M. Kennedy 110 Goodyear Road Carlisle, PA 17015-9407 Date: PHELAN HALLINAN, L P By: L en R. Tabas, Esquire Jo ph E. DeBarberie, Esquire Attorneys for Plaintiff FlLE0-0FFICE OF THE PROTHONOTARY 2011i APR 25 AM It: 20 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 Plaintiff vs. Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324 -9006 Defendants AND NOW, this RULE 25' ` day of : Court of Common Pleas : Civil Division : No. 13 -1482 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion for Order Declaring Home as Real Property and to Confirm Sheriffs Sale, Nunc Pro Tunc. 10 64. oul !`ary . Rule Returnable oun y ourt ouse, 1_. i BY THE COURT cc: .,f1ELAN HALLMAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Ph: 215-563-7000 F: 215-563-4491 lauren.tabas@phelanhallinan.com arci M. Kennedy �°~ l)evinM. Kennedy 10 Smith Road Gardners, PA 17324-9006 )4arci M. Kennedy 23 Orange Street Mount Holly Springs, PA 17065-1722 Devin M. Kennedy ,../°7110 Goodyear Road Carlisle, PA 17015-9407 A/As/it/ s, rte' n t'F�Cr o PHELAN HALLINAN, LLP Lauren R. Tabas,Esquire, I.D.No. 93337 Joseph E. DeBarberie, Esquire, I.D.No. 315421 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation Court of Common Pleas 2001 Bishops Gate Blvd Mount Laurel,NJ 08054 Civil Division Plaintiff Cumberland County VS. No. 13-1482 Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Defendants CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copy of the Rule dated April 25, 2014 was served by regular mail on Defendants on the date listed below. Marci M. Kennedy Marci M. Kennedy Devin M. Kennedy 23 Orange Street 10 Smith Road Mount Holly Springs,PA 17065-1722 Gardners, PA 17324-9006 809251 .y Devin M. Kennedy 110 Goodyear Road Carlisle, PA 17015-9407 PH- LRTabas, 7Y U .Date: Yauren Esquire Joseph E. DeBarberie, Esquire Attorneys for Plaintiff 809251 FILED -OFFICE THE PROTHONOTAR' 2014 1AY 19 At1IO: 08 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation : Court of Common Pleas 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 : Civil Division Plaintiff : Cumberland County vs. : No. 13-1482 Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Defendants MOTION TO MAKE RULE ABSOLUTE PHH Mortgage Corporation, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. On or about April 21, 2014, Plaintiff filed a Motion for Order Declaring Home as Real Property. 809251 2. On April 25, 2014, the Court entered an Order issuing a Rule upon the Defendants to show cause, if any to why the relief requested in the Motion for Order Declaring Home as Real Property should not be granted within 10 days of service. A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit GGA)f 3. A copy of the Order was served on Defendants on April 30, 2014. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit "B". 4. Defendants failed to respond or otherwise plead within 10 days. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion for Or Date:f 1011 1 eclaring Home as Real Property. Ely / t L n ' . abas, ALLINAN, Joseph E. DeBarberie, Esquire Attorneys for Plaintiff 809251 EXHIBIT A FILED -OFFICE OF THE PROTHONOTARY 2014 APR 25 AM I.: 20 CUMBERLAND TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation Court of Common Pleas 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 Civil Division Plaintiff vs. No. 13-1482 Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Defendants RULE AND NOW, this "2 5� + day of nJY_„_ _2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion for Order Declaring Home as Real Property and to Confine Sheriff's Sale, Nunc Pro Tune. 10 at 41.r dok-t ke raw+�.�. . Rule Returnable 4h .ours iouse, ia. BY THE COURT EXHIBIT B PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, I.D. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 Plaintiff vs. HE 2Thi 11A Y H cJii-IBERL. AND CO(aY PES 11„/A NIA Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 13-1482 FICATION OF SERVICE I hereby certify that true and correct copy of the Rule dated April 25, 2014 was served by regular mail on Defendants on the date listed below. Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-900'6 809251 Marci M. Kennedy 23 Orange Street Mount Holly Springs, PA 17065-1722 M. Kennedy Devin 110 Goodyear Road Road9�0� Carlisle, PA 509251 s Val R Tabas, Esquire osepb Esquire DeBarberie, Esq E s for plaintiff Attorney PHELAN HALLINAN, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 Joseph E. DeBarberie, Esquire, LD. No. 315421 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH Mortgage Corporation 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 Plaintiff vs. Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 13-1482 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Marci M. Kennedy 23 Orange Street Mount Holly Springs, PA 17065-1722 809251 Devin M. Kennedy 110 Goodyear Road Carlisle, PA 17015-9407 Date: Mit/ _A 9.1_11-11111 r Pr, 1 HALLINAN Lauren R. Tabas,sqe Joseph E. DeBarberie, Esquire Attorneys for Plaintiff 809251 r L.EU-0r iC OF THE PROTHONOTARY 101' MAY 23 (JI 8: 145 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation 2001 Bishops Gate Blvd Mount Laurel, NJ 08054 Plaintiff vs. Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Defendants : Court of Common Pleas : Civil Division : No. 13-1482 ORDER AND NOW, this Z 2' day of vs-kai , 2014, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED, DECREED, and DECLARED that: 1. The dwelling and the land to which it is permanently affixed at 10 Smith Road, Gardners, PA 17324-9006, South Middleton Towship with a tax parcel identification number of 40-40-2656-001C, is one parcel of real estate; 2. The Sheriffs sale of the aforementioned property of December 4, 2013 is confirmed, nunc pro tunc; 3. Title to the dwelling passed with the land to the purchaser at Sheriff's sale; 1 AND 4. Title to the dwelling will pass with any subsequent conveyance of the Property; 5. The Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this order for recording. cc: ✓ <ELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Ph: 215-563-7000 F: 215-563-4491 lauren.tabas@phelanhallinan.com joseph.debarberie@phelanhallinan.com Marci M. Kennedy Devin M. Kennedy 10 Smith Road Gardners, PA 17324-9006 Marci M. Kennedy 23 Orange Street Mount Holly Springs, PA 17065-1722 Devin M. Kennedy 110 Goodyear Road Carlisle, PA 17015-9407 co y ►7c4� f� sa//y