Loading...
HomeMy WebLinkAbout13-3151 Supreme Co u' or ; ennsylvania Co U of {Commo "Pleas For Prothonotary Use Only: VI Y"�7 C it 0, deri Docket No '' r : County 13 , ="" The information collected , on this.1brm is used solely fibr court administration purposes. This fibrin does not supplement or replace the filing and service ofpleodings or other papers as required b) lcnv or rules of court. Co encement of Action: Complaint 0 Writ of Summons Petition S 0 Transfer from Another Jurisdiction 0 Declaration of Taking E Le Pla intiff's Name: Lead Defendant's Name: C T � Dollar Amount Requested: within arbitration limits I Are money damages requested? ❑ Yes No (check one) outside arbitration limits O N Is this a Class Action Suit? Yes No Is this an MDJAppeal? Yes o I A Name of Plaintiff /Appellant's Attorney: e Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional n Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 11 Debt Collection: Credit Card E] Board of Assessment Motor Vehicle Debt Collection: Other 0 Board of Elections il 0 Nuisance -' Dept. of Transportation Premises Liability J Statutory Appeal: Other S ❑ Product Liability (does not include 0 Employment Dispute: E mass tort) Discrimination 0 Slander/Libel/ Defamation ra Employment Dispute: Other ❑Zoning Board C El Other: 0 Other: T I Eil Other: O MASS TORT FJ Asbestos N J Tobacco f J Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Ise Toxic Waste Ejectment Ci Common Law /Statutory Arbitration Other: I- Eminent Domain /Condemnation 0 Declaratory Judgment B ❑ Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto • Dental 0 Pa ' ' n C -' Replevin • Legal uiet Title 0 Other: LO_' Medical Other: 0 Other Professional: Updated 1/1/2011 JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. /u r G e � LANCASTER MORTGAGE BANKERS, L.L.C. Defendant CIVIL ACTION — QUIET TITLE CIVIL ACTION — COMPLAINT TO QUIET TITLE . 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 103• ?SP� ,/ �'J JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. LANCASTER MORTGAGE BANKERS, L.L.C. Defendant CIVIL ACTION — QUIET TITLE COMPLAINT TO QUIET TITLE NOW COMES, Plaintiff, Joshua Kesler, by and through his attorneys, Capozzi Adler, P.C., and files this Complaint to Quiet Title against Defendant, Lancaster Mortgage Bankers, L.L.C. and in support thereof, avers as follows: 1. Plaintiff Joshua Kesler is an adult individual with an address at 245 North 25 Street, Camp Hill, PA 17011 ( "Kesler "). 2. Upon information and belief, Defendant Lancaster Mortgage Bankers, L.L.C. is a Pennsylvania limited liability company ( "Lancaster Mortgage Bankers "), with a registered agent of CT Corporation, located at 1515 Market Street, Philadelphia, PA 19102. 3. The property at issue in this Complaint is known as 245 North 25 Street, Camp Hill, Cumberland County, Pennsylvania, Cumberland County Tax Parcel No. 01 -21- 0271 -050, more fully described as set forth in Exhibit "A." (the "Property ") 4. On or about October 26, 2005, Community Banks granted and conveyed the Property to Jeannie B. Mohmand ( "Mohmand ") by deed dated October 12, 2005 and recorded November 1, 2005 in the Recorder of Deeds Office for Cumberland County, 2 Pennsylvania as Instrument No. 200541121 (the " Mohmand Deed "). A true and correct copy of the Mohmand Deed is attached hereto as Exhibit "B." 5. On or about October 26, 2005, Mohmand, by a promissory note, dated October 26, 2005, and by a mortgage dated October 26, 2005 and recorded November 1, 2005 in the Recorder of Deeds Office for Cumberland County, Pennsylvania as Instrument No. 200541122, granted Lancaster Mortgage Bankers a first lien security interest in the Property in exchange for a loan in the principal amount of $292,000.00 (the "First Lancaster Mortgage "). 6. On or about October 26, 2005, Mohmand, by a promissory note, dated October 26, 2005, and by a mortgage dated October 26, 2005 and recorded November 1, 2005 in the Recorder of Deeds Office for Cumberland County, Pennsylvania at Book No. 1929, Page 0939, granted Lancaster Mortgage Bankers a second lien security interest in the Property in exchange for a loan in the principal amount of $73,000 (the "Second Lancaster Mortgage "), which Second Lancaster Mortgage was subject to the First Lancaster Mortgage. A true and correct copy of the Second Lancaster Mortgage is attached hereto as Exhibit "C." 7. On October 5, 2006, the First Lancaster Lien was assigned to Mortgage Electronic Registration Services, acting on behalf of Deutsche Bank National Trust Company As Trustee Under the Pooling and Servicing Agreement Series RTF RAST 2006 -A3 ( "Deutsche Bank "). 8. On or about March 28, 2008, Mohmand, by deed dated March 28, 2008 and recorded March 31, 2008 in the Recorder of Deeds Office of Cumberland County, Pennsylvania as 3 Instrument No. 200809624, granted and conveyed the Property to Kesler (the "Kesler Deed "). A true and correct copy of the Kesler Deed is attached hereto as Exhibit "D." 9. The Second Lancaster Mortgage is a currently open mortgage. 10. On or about August 31, 2007, Lancaster Mortgage Bankers filed a voluntary petition for liquidation under Chapter 7 of the United States Bankruptcy Court for the District of New Jersey. 11. On or about August 6, 2012, Lancaster Mortgage Bankers' bankruptcy proceedings were closed, with a resolution of "Discharge Not Applicable." As Lancaster Mortgage Bankers is a corporation, its assets would have been divested only to the extent that its creditors could execute upon whatever money was available in the bankruptcy estate, and its debts would not have been discharged pursuant to a usual Chapter 7 bankruptcy. 12. During the five years that Lancaster Mortgage Bankers was in bankruptcy, Lancaster Mortgage Bankers never attempted to collect on any mortgage payments arising from the Second Lancaster Mortgage. 13. Plaintiff acquired the Property via the Kesler Deed while Lancaster Mortgage Bankers was in bankruptcy. 14. It is believed, and therefore averred, that Lancaster Mortgage Bankers, L.L.C., despite having active corporate status, is no longer operating as a banking institution or as a limited liability company. 15. On or about June 1, 2007, Lancaster Mortgage Bankers, L.L.C. issued a press release stating that they would be exiting the wholesale mortgage banking industry. A true and correct version of an archived copy of the press release is attached hereto as Exhibit "E." 4 16. It is believed and therefore averred that no amount if due on account of the Second Lancaster Mortgage since that Lancaster Mortgage Bankers, has taken no action to enforce the Second Lancaster Mortgage since the date that Kesler acquired the Property, has shown no intention to do so during its bankruptcy or its post - bankruptcy existence, and is believed to not be conducting business in either Pennsylvania or New Jersey. 17. Lancaster Mortgage Bankers should be prevented from asserting right of title or lien on the Property on account of the Second Lancaster Mortgage, and the Second Lancaster Mortgage should be deemed canceled, invalid, and discharged. WHEREFORE, Plaintiff Joshua Kesler respectfully requests that this Court find that (a) the defendant by forever barred from asserting any right, lien, title, or interest in the land inconsistent with the interest or claim of Plaintiff as set forth in this Complaint unless the defendant takes such action as the order directs within thirty (30) days thereafter; (b) that the Second Lancaster Mortgage is cancelled, invalid, and discharged; and (c) that the Defendant, the prothonotary, or the recorder of deeds satisfy of record the Second Lancaster Mortgage and to execute and deliver any document necessary to make the order effective. Respectfully submitted, Date: 06 —0 � � 3 aul R. Van Fleet, Esq. Pa. Id.: 312135 Capozzi Adler, P.C. P.O. Box 5866 Harrisburg, PA 17110 717- 233 -4101 Attorney for Plaintiff 5 f JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. LANCASTER MORTGAGE BANKERS, L.L.C. Defendant CIVIL ACTION — QUIET TITLE VERIFICATION I, Joshua Kesler, do hereby verify that the facts made in the foregoing Complaint to Quiet Title are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to authorities. Date: � 1 2 S , 1 J 3 Joshua Kesler 2z EXHIBIT "A" LEGAL DESCRIPTION BEGINNING at a point, the intersection of the easterly line of North Twenty -Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street, thence North 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point, thence south 79 degrees one hundred forty (140) feet to a point on the easterly line of North Twenty -Fifth Street, formerly Locust Avenue, thence North 10 degrees 30 minutes west, along the easterly line of North Twenty Fifth street, formerly Locust Avenue, a distance of eighty (erroneously written as eight in previous deeds) (80) feet to a point, the PLACE OF BEGINNING. HAVING thereon erected a two story dwelling known and numbered as 245 North Twenty -Fifth Street, Camp Hill, in the Borough of Camp Hill, Pennsylvania. 6 EXHIBIT "B" 7 411ZI ' C4 _ , ' vr' GLEcDS jT u5 P;9U Tax Parcel ID #01 -21- 0271-050 THIS DEED MADE theme day of (2r- ?60 Lo,- 2005, BETWEEN Community B=1w of 6700 Derry Street, Hao n burg, Petinsylvania ( ""), AND Jae. B. Mo6nsaad, of 4020 Lisburn Road, Med nicd g, Pennsylvania ( "Grantee "), WITNESSETH, that in consideration of the sum of Three Hundred Sixty- -Five Thousand Dollars ($365, 000.00) in hand paid, the receipt whereof is her'eb'y sclmvwledpd, and i0tellft to be legally bound hereby, the Ckanw does grant and convey to the Grantee, her hams and assigns: ALL THAT CERTAIN lot or prod of land situate in the Borough of Camp Hk County of Cumberland and State of Pennsylv$me, more partic uladY bounded and descrk ed as foUaws, to wit: BEGINNING at a point, the interaecctiou of the easterly fine of North Twenty-fifth Street, formerly Locust Avenue, with the swtheriy line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Iancoln Street, a distance of one hundred koy (140) feet to a point on St. John's AUey; thmce south 10 degrees 30 minutes east along the westefly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, Section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a paint on the easterly line ofNorth Twenty -Fifth Street, fly Locust Avenue; theme north 10 degrees 30 minutes west, 810% the easterly lime of North Twenty Fifth Street, formedy Locua Avenin, a distance of eighty (80) fed to a point, the place of BEGINNING. HAVING thereon erected a two -story brick dwelling house, No. 245 North Twenty Fifth Street, Camp Kll, Pennsylvania. BEING Lots Nos. 38, 39, 40 and 41, Section "E" on a Plan of Lots laid out by Arthur B. Rupley and Celeb S. BnatcA and known as Plan No. 2, First Addition to the Borough of Camp KU. Said Plan being recorded in the Recorder's Office in and £or Curl berland County, in Plan Book No. 1, Page 5. BEING the same as surveyed by WEam B. Whitrock, RP.E., dated August 13, 1962. BEING the same premises winch R. Thomas 10me, the Sheriff of Cumberland County, by deed dated May 24, 2005 and recorded on May 25, 2005 in the Office of the Recorder of Deeds in and for Cc dmiand County, Pennsylvania, in Book 269, Page 40, granted and conveyed unto Community BOOM 271 PACE3558 f Banks, Grantor hemin TAX PARCEL NO. 01-21-0271-050. AND the Grantor wi71 warrant specially the property hereby conveyed. IN WPINESS WMMEOF, the Grantor has hm unto set its hand and seal the day and yew fast above writtce. ATTEST: COMMIINITY BANKS By:�-� By: ice COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LANCASTER On this, the IX day of ('jp6&A✓ 2005, before me, the undefined officer, personally appeared Raymond GranW, who acknowledged himself to be Vice President of Community Banks, and that he, as such officer, being authorized to do so, executed the within instrument on behalf of such corporation for the proposes therein contained. IN WITNESS WHEREOF, I hereunto set my*" official seal. C0WAAO rWEALTH OF PEWAANANtA Moto Suet Otat�► 11C CwT Lana w0otX* M ConyJa w ExOr s Feb. 26,29M mefter, Pannsylvanls Association of Notarl" I HEREBY CERTIFY, that the prmw resrdence (address) of the Grantee is: 4020 Lisburn Road, Mechanicsburg, Pennsylvania 17055. lBlrs■r�• Grantee Boc' 271 PACE•3559 U ^J Q Clq I Cumberland County Recorder of Deeds 1 o j Instrument fit ins Receipt$ 580094 Instr# 2005- 041121 11/01 /200'5 12:2 - 5 lb i Remarks: KDK LL,C I N .. � .. � DEED DEED - WRIT 12•5t? DEED - RTT STATE .50 3650.00 CA #P HILL 1825.00 c DEED HILL H� 1825.00 ti I.C.S. / A.T.J. 11.50 CO IMPROVEKENT FFND 12.00 RVMT Fib a+ i Check# 359 3.00 I !heck# 360 $39.50 Oheck# 361 $3,650,00 Total Received....... $3,650.00 $7 O . G4 EXHIBIT "C" 8 Z-3 J � 1 1,011 1 -9 This Instrument Prepared By: After Recording Return To: LANCASTER MORTGAGE BANKERS 20 INDEPENDENCE BLVD WARREN, NEW JERSEY 07059 Loan Number: 150009682 Uniform Parcel Identifier Number: 01— 21— 0 2 71— 0 5 0 Property Address: 245 NORTH 25TH STREET CAMP HILL, PENNSYLVANIA 17011 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE is made this 26th dayof OCTOBER, 2005 between the Mortgagor, JEANNIE B MOHMAND, A MARRIED WOMAN and the Mortgagee, LANCASTER MORTGAGE BANKERS, A LIMITED LIAB "), COMPANY a corporation organized and existing under the laws of NEW JERSEY ,whose address is 20 INDEPENDENCE BLVD, WARREN, NEW JERSEY 07059 (herein "Lender "). WHEREAS, Borrower is indebted to Lender in the principal sum of U.S. $7 3, 0 0 0. 0 0 , which indebtedness is evidenced by Borrower's note dated OCTOBER 26, 2005 and extensions and renewals thereof (herein "Note "), providing for monthly installments of principal and interest, with the balance of the Indebtedness, if not sooner paid, due and payable on NOVEMBER 1, 2020 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with the interest thereon, advanced in accordance herewith to protect the security of this Mo rtgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND , State of Pennsylvania: PENNSYLVANIA - SECOND MORTGAGE - 1/80 3839 Page 1 of 8 aoast9 rssz wNw.dace�agle corn �K 1929P1U0939 4. w A.P.N. #: 01 - 21 -0271 -050 THIS SECURITY INSTRUMENT IS SUBORDINATE TO AN EXISTING FIRST LIEN(S) OF RECORD. which has the address of 245 NORTH 25TH STREET, CAMP HILL [street] [city] Pennsylvania 17 011 (herein "Property Address "). [Zip code] TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property. " Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to subject to encumbrances of record. the Property against all claims and demands, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest Indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one - twelfth of yearly premium installments for ban insurance, plus one - twelfth of yearly Premium installments for mortgage insurance, if any. all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such bolder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said atxrnmt or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender PENNSYLVANIA - SECOND, MORTGAGE -1/80 eaaassr. 3839 Page 2 of 8 .. -- , WWW cboAUyltc.carrr BK 1929PG0940 shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes. assessments, Insurance premiums and ground rents as they fail due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Appheation of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Leader first In payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust: Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if arty. S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominlrrms: Planned Unit Developments. Borrower shall keep the Property to good repair and shall not commit waste or pemdt impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold: If this Mortgage is on a unit in a condominium or a planned cunt development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. T. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mort gage, or if any action or proceeding is commenced which materially affects Lender's Interest in the Property, PENNSYLVANIA - SECOND MORTGAGE -1/so 3839 - - - — page 3 of 8 D°cAtilaCl�09M 800-646- r+nvw.docrosgic.tan BK 1929FG094 I then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse suc reasonable attorneys' fees, and take such action as is necessary to protect Lendec h sums, including er's interest. c Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance In effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender terms of payment, Stich amounts shall be payable upon notice from Lender to Borrower agree to other Nothing contained in this paragraph 7 shall require y e xpense or take Lender to incur an requesting ��of. 8 . Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the property, provided that Lender shall give Borrower notice prior to any such inspection related to Lender's interest to the Property. s pecifying reasonable cause therefor 9. Coademuation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property. or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's sticcessor s an in interest. Lender shall not be required to commence proceedings against such successor d refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of y emand made d b the original Borrower and Borrower's successors in interest. Any forbearance by Lender in or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclud e any right any such right or remedy. 11. Successors and Assigns Ba md; Joint and Several Liability; Co herein contained shall bind, and the rights hereunder shall inure to, the respective succ�o� agreements covenants an a er and Borrower, subject to the provisions of paragraph 16 hereof. All d assigns of Lender joint and several. Any Borrower who co- this Mort ag reements of Borrower shall be Mortgage. but does not execute the Note, (a) is co- signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to bender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's Interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by malting such notice by certified mall addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided-herein, and (b) any notice to Lender shall be given by certified mall to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the PENNSYLVANIA - .SECOND MORTGAGE - 1/80 — - 3839 - k�.,.rw„�.. _ -= DooAl�fo�mnaa ooBrRtsBZ' Page a of 8 WWW a dbcawprr c SK 1929PGO942 conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 1S. RebabillWon Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender t . a Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. if all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, requite immediate payment in full of all sums secured by this Mortgage However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or malled within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cared; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach Is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding Lender shall be entitled to collect in such proceeding all expenses Of foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Rein tate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borr ower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's PENNSYLVANIA - SECO p. AQRTGAGE - 3L8D 3839 ,.e„,,,..,: ._ »a DoeA�plc soas�a� sea Page of 8 www dacnrsyie rots SitI929FG0943 ji Interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower. this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Asaignment of Rents; AppoWment of R,ecelveI ; Lender in Pte. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as Wey become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collections of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received, 20. Release. Upon payment of all sums secured by this Mortgage. Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. 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 shat] be the rate stated in the Note. 22. The following Riders are to be executed by Borrower (check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] ® 1 -4 Family Rider ❑ Biweekly Payment Rider PENNSYLVANIA - SECOND MORTGAGE . 1/80 - 3839 :�. ? _ . A — Mrprce?uroaooe av� - Page 6 of 8 WWW dbvmq Ar-c w� EK 1929PGO944 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed and acknowledges receipt of pages 1 through 8 of this Mortgage. JEANN: E B MOHMAND .go wer (Seal) - Borrower (Seal) () - Borrower - Borrower (Seal) - Bo rrower - Borrower Witness: Witness: r PENNSYLVANIA - SECOND MORTGAGE - 1/80 3$3.9.. Ooe�i�pfatil�amos,saos�¢T9st... Page 7 or 8 www.d*mv&Vk.cm TK 1929FP;9945 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF On this the day of d o , before me, the undersigned officer, personally appeared JEANN I E B MOHMAN D known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. Notarial Seal A. Anthony Cucuzella, Notary Public East Hempf[old Twp. Lancaster County, PA Signature M Commission Expires May 16, 2006 Membe Fenntylvanla Association of Notaries Title of Officer (Notary's Stamp and Embosser) My commission expires: C Irtific ate of Residence of Mortg The undersigned hereby certifies that: (1) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (11) Mortgagee's precise residence is: 20 INDEPENDENCE BLVD, WARREN, NEW JERSEY 07059 Witness my hand this aG �7 day of eC -t-"o 6 0 ` 00 S Signature of MWWWOr Mortgagee's Duly Authorized Attorney or Agent A , L T 4 owy Cd ey 2 l / /* Type'or Print None ofh4 or h4m%W Duly Au orlmd Attorney or. Agmt PENNSYLVANIA 4 SECOND MORTGAGE VSO. r _: _ podyygAc�6n� 3839 Page 8 of a www.•doemnak -c" BKI929PGO946 Loan Number: 150009682 1 -4 FAMILY RIDER ( of Reams) THIS 1 -4 FAMILY RIDER is made this 26th day of OCTOBER 2005 and is incorporated into and shall be deemed to amend and supplement the Mortgage, peed of Trust or Security Deed (the "Security Instrrnent") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Note to LANCASTER MORTGAGE BANKERS, A LIMITED LIABILITY COMPANY of the same date and covering the _ a (the "Lender") 245 NORTH 25TH STREET, �CAMP HILL, P SYLVAN A17 [Property Address] 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDTTIONALPROPERTYSUBJECT TO THE SECURMINSTRUMEN In Property described in the Security Instrument, addition to the trument, the following items are added the Property desai adds and shall also constitute the Property covered by the Security Instrument: building materials, appiiatwes and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in coumect with fire Property, Including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water. air and light, fire prevention and extinguishing apparatus. security and access control apparatus, pinmbimg, disposals. w bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, awnings, storm windows, storm doors, soma, blinds, shades, pertains and curtain rods. mir rors sbe rs, dry ets, Panelling and attached floor coverings now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. AD of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1 -4 Family Rider and the Security Instrument as the "Property ". B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shalt rot seek, agree to or make a change in the use of the Property or its zoning classification, unless lender has agreed in writing to the change. Borrower shall comply with all laws. ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Uniform Covenant 5. E. "BORROWER'SRIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. All remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign to Lender all leases of the Property and all security deposits trade in connection with leases of the Lender shall have the to Property. Upon the assignment, sole discretion. As used in paragraph G, the word ° lease" shalI mean "sublease �� i Lender's on a leasehold. Security Instrument is H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER;LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ( "Rents ") of the Property, regardless of to whom the Rends of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or L.endur's agents. However, Borrower shag receive the Rents until (f) Lender has given Borrower notice of default pursuant MUi TMATE 1-4 FAMELY RMM - Si%le Family - FI IA/pHI,M UHQ,VW VWRUMENr FORM 3170 dll0 o«umm System`. loo. WM "9-1362 Page 1 of 2 BKI929PGO947 to paragraph 21 of the Security hLWuMent and (ti) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. Tills assignment of Rem constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only. to be applied to the sumps secured by the Security Instrument: (ii) lender shall be entitled to eolkxx and receive all of the Rents of the Property; (ill) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) tmless applic0e law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to. attorney's fees, receiver's fem premiums on receiver's bonds. repair and maintenance costs, hnsurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instntmesnt. (v) Lender. Lender's agents or airy judi iallly appointed receiver shall be table to account for only those Rents actually received: and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and uoliect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and anaaaging the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 7. Borrower represents and warrants that 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. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or afkr giving notice of default to Borrower. However. Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. 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 Properly shall termhote . when all the samns secured by the Security Instrument are paid in full. I. CROSS - DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an Interest shall be a breach under the Security Instrmrent and Lender may invoke any of the remedies permitted by the Security Instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 14 Family Rider. 2 (Seal) JEANNIE B MOHMAND r Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower MULTISTATE 14 FAMILY lit M - Stogie Family - FDOMAR IAW UttSFICEl DETS A M F0FM 3140 IM o«,.ne* sy , . hr- taco) aarut Page 2 of 2 _.44 BK1929FC0948 Fo& No. 1066 -2 Commbnent No.: CS2180K ALTA Plain language Conmbnent Page Number. 7 • Schedule %CN r All that certain lot or parml of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: Beginning at a poirk the intersection of the easterly fine of North Twenty -fiRh Street, forrrtlerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minuties east along the soL#oiy line of Lincoln Street, a distance of one hundred forty (140) feet to a point on SL John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point; thence south 79 degrees 30 minutes west along the northerly line of Lot No. 42, section "E" on the hereinafter mentioned Plan of Lots, a distance of one hundred forty (140) feet to a point on the easterly line of North Twenty -FiRtr Sbmt, formerly Locust Avenue; thence north 10 degrees 30 minutes west, along the easterly line of North Twenty -FIRh Street, formerly Locust Avenue, a distance of eighty (80) feet to a print, the place of Beginning. Having thereon erected a two -story brick dwelling house, No. 245 North Twenty -Fifth Street, Camp HUI, Pennsylvania. Being Lots Nos. 38, 39, 40 and 41, Section "E" on a plan of Lots laid out by Arthur B. Rupley and Celeb S. Brinton, and known as Plan No. 2, First Addition to the Borough of Camp Hill. Said Man being recorded in the Recorder's Office in and for Cumberland County, in Plan Book No. 1, Page S. Being the same as surveyed by William B. Whittock, R.P.E., dated August 13, 1962. PARCEL NO. 01 -21 -0271 -050 Being the same premises which R. Thomas tine, Sheriff of the County of Cumberland, by Indenture dated 03 -02 -05 and recorded 05 -25 -05 in the Office of the Recorder of Deeds in and for the County of Cumberland in Record Book 269 page 40, granted and conveyed unto Community Banks. j CerrtifY this to be recorded in Cumberland County PA First American Tike Insurance Company OKI929FG09 _ Ti EXHIBIT "D" 9 THIS DEED Is made this Day of V 1 2008. BETWEEN JEANNIE MOHMAND, Grantor. Herein referred to as Grantor, AND JOSHUA KESLER, of Dauphin County, Pennsylvania. Herein referred to as Grantee. WITNESSETH, that the said party of the first part, in consideration of Ten Thousand Dollars ($ (D )CV0. tD ) to him now paid by the said party of the second part, does grant, bargain, sell and convey unto the said party of the second part, her heirs and assigns, BEGINNING at a point, the intersection of the easterly line of North Twenty -Fifth Street, formerly Locust Avenue, with the southerly line of Lincoln Street; thence north 79 degrees 30 minutes east along the southerly line of Lincoln Street, a distance of one hundred forty (140) feet to a point on St. John's Alley; thence south 10 degrees 30 minutes east along the westerly line of St. John's Alley, a distance of eighty (80) feet to a point, thence south 79 decrees one hundred forty (140) feet to a point on the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, thence north 10 degrees 30 minutes west, along the easterly line of North Twenty-Fifth Street, formerly Locust Avenue, a distance of eight (80) feet to a point, the PLACE OF BEGINNING. HAVING thereon erected a two story dwelling known and numbered as 245 North Twenty-Fifth Street, Camp Hill, iN 41e- t3crao7LL § f 64 Sl, BEING the same premises which Community Banks granted and conveyed unto Jeannie Mohmand, deed .dated October 26, 2005, and recorded in the Cumberland County Recorder of Deeds by instrument number 200541121. To have and to hold all and singular the premises before mentioned unto the said grantee his heirs and assigns forever. AND THE GRANTOR does hereby warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and year first above written. SIGNED SEALED AND DELIVERED IN TH PRESENCE OF WI ESS GRANTOR, Jeannie Mohmand _ COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF D,'�-v f � l On this 14 day of /j/) q .� f !� , 2008, before me, a Notary Public, personally appeared Jeannie Mohmand rG a�for, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Deed and acknowledged that he executed the same for the purposes therein contained. Witness my hand and seat the day and year aforesaid. Notary P blic I HEREBY CERTIFY that the precise address of the Grantee herein is: 445 S. Cameron Street Harrisburg, Pennsylvania 17101 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Philip J. Dobson, Notary Public City Of Harrisburg, Dauphin County My Commission Expires June 29, 2010 Member, Pennsylvania Association of Notaries ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 _ a Instrument Number - 200809624 Recorded On 3/31/2008 At 9:52:55 AM * Total Pages - 3 * Instrument Type - DEED Invoice Number -17437 User ID - AF * Grantor - MOHMAND, JEANNIE * Grantee - KESSLER, JOSHUA * Customer - KESSLER FEES STATE TRANSFER TAX $100 Certification Page STATE WRIT TAX $0.50 STATE JCS /ACCESS TO $10.00 DO NOT DETACH JUSTICE RECORDING FEES — $12.50 This p age is now art RECORDER OF DEEDS P g P AFFORDABLE HOUSING $11.50 of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CAMP HILL SCHOOL $50.00 DISTRICT CAMP HILL BORO $50.00 TOTAL PAID $239.50 I Certify this to be recorded in Cumberland County PA �y 0 0 cu c► 6 o - , RECORDER O D 7 '0 S rrso - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOLBC Ilflllllllllllllll IIIIIIIII EXHIBIT "E" 10 The Mortgage Lender Implode -O -Meter News Pick -ups: Imploded: Lancaster Mortgage... Page 1 of 2 ............................................................................................................................................................ ............................... TH M ORTGAi.GE EINDER. AM Navigation main Lancaster Mortgage Bank (LMB) - page Wholesale Alt -A top news premium 2007 -06 -04 forum about Comment on this article Subscribe by email! - T_ From Lancaster Mortgage Bank's _ website : — wow — Dear Respected Business Partners, At this time it saddens us to say that as of Friday June 1st Lancaster Mortgage Bankers will be exiting the wholesale mortgage banking Be notified of industry. Due to dramatic and _ page updates recent changes in the mortgage FreeRateU date.com Mort a e Rates enter email banking business we have decided I: D:.,i its private that it is time to close down our w powered by operations. The entire staff of Frog Raba �+ +� changeoetection Lancaster Mortgage would like to �___________________________ thank each and every one of you See companies still for your continued support and doing business in determination to help us become this state. who we are. Over the past three ---------------------------- Current years LMB has grown to be a highly news for this recognized lender in the wholesale industry. We could not have company: done it without your help and support. As of this date Lancaster Mortgage Bankers LLC will no longer be funding loans. As we do respect each and every loan with the Cameron Community Memorial Hospital Obtains highest level of regards, we will do everything we possibly can Fina " cingforRepla cement - during our unwind phase to best accommodate any way that we Healthcare Finance News can. Foreclosure crisis not over - Lancaster Eagle Gazette As the mortgage business continues to tighten up, LMB recognizes Record First Quarter EPS that there is still a tremendous amount of opportunity and we wish Driven by Strong Growth in each and every one of you the best of luck and the most the Merchant Card, Cash ... - Zacks.com prosperous future. New c ork to sue banks in Best wishes and again thank y ou for the wonderful ears of mortgage settlement case - g y y ? Lancaster Eagle Gazette allowing us to serve your mortgage banking needs. Housing stronger, but ' more nJourn mortga Journal Star From the last archived version of their web site on archive.org the Lincoln Journal Star i The rise of pocket listing old "about" page gives the company as "national wholesale lender" and http:/ /ml- implode.com/imploded/lender LancasterMortgageBank (LMB)_2007- 06- 04.html 5/17/2013 The Mortgage Lender Implode -O -Meter News Pick -ups: Imploded: Lancaster Mortgage ... Page 2 of 2 in realestate - Lancaster mainly an Alt -A /No -Doc purveyor. Newspapers Ms b y preservationists opposed b Their address (from the current web site and closure notice) is : - LancasterEagleGazette "Lancaster Mortgage Bankers, LLC - 20 Independence Blvd - Warren, NJ Lancaster proposes 07059 / Office Phone: (908) 542 - 9008 ". The page footer also lists the Mithoff demolition - Lancaster Eagle Gazette states they are licensed in: AZ, CO, CT, FL, MA, MD, ME, MO, NH, NJ, Wisconsin Bank & NY, NV, PA, RI, VA, VT. Trust Opening Office in Brookfield - Patch.com A reader submits that LMB funded approximately $75 million per month Ex- addict says pregnancy 'turnedherlifearound - San "in good times." As we're all well aware, times have changed. Francisco chronicle Update, Jun 28th: Some more details of the management and employment situation surrounding the shutdown can be found in the message thread here. permalink to this record I forum thread ©_ SHARE ©02.,,' Comments: Be the first to add a comment add a comment I go to forum thread Note: Comments may take a few minutes to show up on this page. If you go to the forum thread, however, you can see them immediately. Important: This company is on our list of lending operations that have "imploded". However, please note that "imploded" is a somewhat subjective and does not necessarily mean operations are ceased permanently: it can mean bankruptcy filing, temporary but open -ended halting of major operations, or "firesale" acquisition. All information here is provisional, and may contain inaccuracies (especially newer information). If you are planning on doing business with this company or any other one listed on this site, you should inquire with them directly on whether they can still meet your needs. Many are still operating in some capacity. ......................................................................................................................................................................... ..............................: http: / /ml- implode. com /imploded/ lender_ LancasterMortgageBank (LMB)_2007- 06- 04.html 5/17/2013 JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-3151 Civil LANCASTER MORTGAGE BANKERS, L.L.C. CD , Defendant CIVIL ACTION—QUIET TITLE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. 401, please reinstate the above-captioned Complaint, attached. Date: �� �; � <' Paul R. Van Fleet, Esq. �Pa. Id.: 312135 Capozzi Adler, P.C. P.O. Box 5866 Harrisburg, PA 17110 717-233-4101 Attorney for Plaintiff S 11.7s P6 ATT`1 c�a�c�3a ��gaa87 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff i Vi a' t�'t � I� i'A lf- x 4;1t s atdllig � Jody S Smith Chief Deputy 203 JUL 26 AM 10: 30 Richard W Stewart COUNTY Solicitor ;-;U c. .:-. V-MRI-7� PENNSYLVANIA Joshua Kesler Case Number vs. Lancaster Mortgage Bankers LLC 2013-3151 SHERIFF'S RETURN OF SERVICE 07/12/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry. for the within named Defendant to wit: Lancaster Mortgage Bankers LLC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint to Quiet Title according to law. 07/24/2013 The Sheriff of Dauphin County, being duly sworn according to law, states that the Reinstated Complaint to Quiet Title is being returned"Not Served at c/o CT Corporation, 116 Pine Street, Harrisburg, PA 17101. CT Corporation refused service as the y are not the registered agent for the defendant. SHERIFF COST: $37.46 SO ANSWERS, July 24, 2013 RONW R ANDERSON, SHERIFF (c)CcuntySuite Shenff,Teleosoft,Inc. 4 Shelley Ruhl Jack Duignan Real Esta e Deputy Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JOSHUA KESLER VS County of Dauphin LANCASTER MORTGAGE BANKERS LLC Sheriff s Return No. 2013-T-2071 OTHER COUNTY NO. 2013-3151 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LANCASTER MORTGAGE BANKERS LLC the DEFENDANT named in the within REINSTATED COMPLAINT TO QUIET TITLE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JULY 18, 2013. REFUSED BY CT CORPORATION, 116 PINE STREET, SUITE 320, HARRISBURG, PA 17101 - THEY ARE NOT THE REGISTERED AGENT FOR THE DEFENDANT. Sworn and subscribed to So Answers, before me this 19TH day of July, 2013 Qi%� Sheriff au hi nty, Pa. x By COMMONWEALTH OF PENNSYLVANIA D Sheriff NOTARIAL SEAL Deputy: J FRUHWIRTH Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $41.25 7/17/2013 My Commission Expires August 17 2014 JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-3151 LANCASTER MORTGAGE BANKERS, L.L.C. Defendant CIVIL ACTION—QUIET TITLE CIVIL ACTION—COMPLAINT TO QUIET TITLE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 C= < 77 JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff vs. NO. 13-3151 LANCASTER MORTGAGE BANKERS, L.L.C. Defendant CIVIL ACTION—QUIET TITLE MOTION FOR SERVICE BY PUBLICATION PURSUANT TO Pa.R.C.P. 430 To the Honorable Judge of the Court of Common Pleas of Cumberland County, Pennsylvania: NOW COMES,Plaintiff,Joshua Kesler,by and through his attorneys, Capozzi Adler, P.C., and respectfully files this Motion for Alternative Service of Process representing the following: 1. Upon information and belief, Defendant Lancaster Mortgage Bankers, L.L.C. is a Pennsylvania limited liability company("Lancaster Mortgage Bankers"), with a registered agent of CT Corporation, located at 116 Pine Street,Harrisburg, PA 17101. 2. Defendant Lancaster Mortgage Bankers,L.L.C. is still on record as an existing limited liability company in the State of Pennsylvania,but has no principal place of business. 3. On June 3, 2013,Plaintiff filed its Complaint in this action. 4. Upon attempts to serve CT Corporation,Defendant's registered agent of record,Plaintiff has been informed that CT Corporation no longer acts as registered agent for the Defendant. Sheriffs Returns of Service are attached hereto as Exhibit"A" as proof thereof. 5. Plaintiff has made numerous attempts to serve the Complaint upon the Defendant. 6. Plaintiff believes therefore avers,that Defendant Lancaster Mortgage Bankers, L.L.C., despite having active corporate status, is no longer operating as a banking institution or as a limited liability company. 7. To date, Plaintiff has not been able to effect personal service upon the Defendant. 8. To the best of Plaintiff's knowledge, Defendant is not represented by counsel. 9. As shown by the supporting Affidavit of Good Faith Effort from Plaintiff's attorneys and and the attached exhibits, Plaintiff has made a good faith investigation to determine the current location of Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting Plaintiff leave to serve process by first class United States Mail, or publication in a newspaper of general circulation at Defendant's last known address. Respectfully submitted, Date: -IP� R. Van e t, Esquire ttorney I.D. No.: 312135 Capozzi Adler, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 233-4101 Attorney for Plaintiff JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-3151 LANCASTER MORTGAGE BANKERS, L.L.C. Defendant CIVIL ACTION—QUIET TITLE AFFIDAVIT OF GOOD FAITH EFFORT 1, Paul R. Van Fleet, Esquire, am the attorney for Plaintiff in the within action and I hereby verify that the following efforts were undertaken to locate and serve the Defendant: 1. The Sheriff of Cumberland County attempted service of the Complaint on the Defendant without success. A copy of the Sheriff's Affidavit of Return is attached as "Exhibit A." 2. An Internet search for the Defendant revealed a record of a web page that has since been removed wherein Lancaster Mortgage Bankers stated that it is no longer operating as a corporation as of June 4, 2007, A true and correct copy of this web page is attached hereto as Exhibit"B." 3. A corporate entity search with the Pennsylvania Department of State was performed to locate Defendant and no address as listed..The listing states that the registered agent for Defendant is CT Corporation. A true and correct listing with the Pennsylvania Department of State is attached hereto as Exhibit"C." 4. CT Corporation was served in the City of Philadelphia and the City of Harrisburg. CT Corporation has affirmatively stated that they are not the registered agent for Defendant. See Exhibit"A." 5. Defendant has no counsel of record in this matter. Respect ly submitted, Date: Pa R. Van Fleet, Esquire ttorney I.D. No.: 312135 Capozzi Adler, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-3151 LANCASTER MORTGAGE BANKERS, L.L.C. Defendant CIVIL ACTION—QUIET TITLE VERIFICATION I, Paul R. Van Fleet, Esquire, hereby verify that the statements in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relative to unsworn falsification to authorities. Respectfully submitted, Date: 9 3 P R. Van Fleet, Esquire Attorney I.D. No.: 312135 Capozzi Adler, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 233-4101 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff CZr�ti�tp Jody S Smith *Wffi� Chief Deputy �y C E IVE Richard W Stewart Solicitor AFF)CE OF THE SHERIFF JUL 18 2013 BY: Joshua Kesler Case Number vs. 2013-3151 Lancaster Mortgage Bankers LLC SHERIFF'S RETURN OF SERVICE 06/03/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lancaster Mortgage Bankers LLC, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Philadelphia, Pennsylvania to serve the within Complaint to Quiet Title according to law. 07/03/2013 The requested Complaint to Quiet Title returned by the Sheriff of Philadelphia County,the within named Defendant Lancaster Mortgage Bankers LLC, not found. Jewell Williams, Sheriff, Return of Service attached to and made part of the within record. *CT Corporation is located at 100 Pine Street, Suite 325, Harrisburg, PA. SHERIFF COST: $28.46 SO ANSWERS, July 05, 2013 RbNIn R ANDERSON, SHERIFF EXHIBIT Sheriff Jewell Williams 100 S. Broad Street 5th Floor Philadelphia, Pa.19107 Date: — .. THE ATTACHED WAS RETURNED FOR THE FOLLOWING REASONS Required Fee: $ Amount Sent: $_ Check must be signed Copies of Writ needed Sets of writ package needed(see attached for proper forms) Complete address of defendant is needed on the back of writ(include Apt#) Need envelope addressed to: Defendant with postage Plaintiff with postage Attorney with postage Writ must be sent to Prothonotary's Office for Court&Term/Claim Number Raised Seal or if E-Filed make sure the Seal is present Re-Issuance Attest Date may need to be reattested Attorney's name,address and telephone are needed on all copies of the writ backer. A Sheriff's Return of Service Form is needed for each Defendant/Garnishee Wrong C unty ther C'� �o c `3 . i kax�'f S 4 n 3 a NOTE: Please keep this Notice attached to Expedite Service Any Questions,please feel free to contact us. Acceptable forms of payment included Attorney's Check, Cashier's Check, Certified Check, or Money Order ONLY. Cash, credit cards,personal checks and business checks are NOT accepted! THANK YOU Vanessa Bines Philadelphia Sheriffs Office (215) 686-3559/60 Common Pleas Court(215)686-8864 Municipal Court(215) 686-7334 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith , Chief Deputy ; .:; t F.h, ECEIVE Richard W Stewart Solicitor orr,ce�,F tt��t,„�,� Joshua Kesler vs. Case Number Lancaster Mortgage Bankers LLC 2013-3151 SHERIFF'S RETURN OF SERVICE 07/12/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lancaster Mortgage Bankers LLC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint to Quiet Title according to law. 07/24/2013 The Sheriff of Dauphin County, being duly sworn according to law, states that the Reinstated Complaint to Quiet Title is being returned"Not Served at c/o CT Corporation, 116 Pine Street, Harrisburg, PA 17101. CT Corporation refused service as the y are not the registered agent for the defendant. SHERIFF COST: $37.46 SO ANSWERS, July 24,2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheff,Teleosoft,Inc. r 0 . ` G -err Shelley Ruhl Jack Duignan Real Esta a Deputy i Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JOSHUA KESLER VS County of Dauphin LANCASTER MORTGAGE BANKERS LLC Sheriff s Return No. 2013-T-2071 OTHER COUNTY NO. 2013-3151 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LANCASTER MORTGAGE BANKERS LLC the DEFENDANT named in the within REINSTATED COMPLAINT TO QUIET TITLE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JULY 18, 2013. REFUSED BY CT CORPORATION, 116 PINE STREET, SUITE 320, HARRISBURG, PA 17101 - THEY ARE NOT THE REGISTERED AGENT FOR THE DEFENDANT. Sworn and subscribed to So Answers, before me this 19TH day of July, 2013 Sheriff jXpauph i ty, Pa. By COMMONWEALTH OF PENNSYLVANIA D Sheriff NOTARIAL SEAL Deputy: J FRUHWIRTH Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $41.25 7/17/2013 My Commission Expires August 17 2014 e............................................................................................................................................................................................... TKIE QRTGAGE ENDER Navigation main Lancaster Mortgage Bank (LMB) - page Wholesale Alt-A top news premium 2007-06-04 forum about Comment on this article Subscribe by email! 7-=7 From Lancaster Mortgage Bank's T Dear Respected Business Partners, " - - -7 At this time it saddens us to say that as of Friday June 1st Lancaster Mortgage Bankers will be exiting _.Be notif ! the wholesale mortgage banking ied or industry. Due to dramatic and page updates recent changes in the mortgage FreeRateU date.com Mort a e Rates enter email banking business we have decided i it's private that it is time to close down our F powered by operations. The entire staff of Rob ChangeDetection Lancaster Mortgage would like to ............................ thank each and every one of you See companies still for your continued support and doing business in determination to help us become _ I this state. who we are. Over the past three :---------------------------- Current years LMB has grown to be a highly news for this recognized lender in the wholesale industry. We could not have company: done it without your help and support. As of this date Lancaster Mortgage Bankers LLC will no longer be funding loans. As we do respect each and every loan with the Cameron Community Memorial Hospital obtains highest level of regards, we will do everything we possibly can Healthcare Fina nce a News during our unwind phase to best accommodate any way that we ; Healthcare Finance News Foreclosure crisis not can. over-Lancaster Eagle Gazette As the mortgage business continues to tighten up, LMB recognizes Record First Quarter eFS that there is still a tremendous amount of opportunity and we wish Driven by strong Growth in each and every one of you the best of luck and the most the Merchant Card,Cash...- zacks.com prosperous future. New York to sue banks in Best.wishes and again thank you for the wonderful years of mortgage settlement case- Lancaster Eagle Gazette allowing us to serve your mortgage banking needs. Housing stronger,but more nJourn mortgages Journal Star From the last archived version of their web site on archive.org the Lincoln journal star r The rise of pocket listing old "about" page gives the company as "national wholesale lender" and EXHIBIT http://ml-implode.com/implode,d/lender — (LMB)_2007-06-041tml 5/17/2013 in realestate-Lancaster mainly an Alt-A/No-Doc purveyor. Newspapers Mithoffdemolition Their address (from the current web site and closure notice) is opposed by preservationists - LancasterEagleGazette "Lancaster Mortgage Bankers, LLC - 20 Independence Blvd - Warren, NJ Lancaster proposes 07059 / Office Phone: (908) 542-9008". The page footer also Fists the Mithoff demolition- Lancaster Eagle Gazette states they are licensed in: AZ, CO, CT, FL, MA, MD, ME, MO, NH, NJ, Wisconsin Bank& NY, NV, PA, RI, VA, VT. Trust Opening Office in : Brookfield-Patch.com A reader submits that LMB funded approximately $75 million per month Ex-addict says pregnancy :turnedherlifearound-San "in good times." As we're all well aware, times have changed. Francisco Chronicle Update, Jun 28th: Some more details of the management and employment situation surrounding the shutdown can be found in the message thread here. permalink to this record I forum thread Comments: Be the first to add a comment add a comment I go to forum thread Note: Comments may take a few minutes to show up on this page. If you go to the forum thread, however, you can see them immediately. important: This company Is on our list of lending operations that have "imploded". However,please note that"imploded"is a somewhat subjective and does not necessarily mean operations are ceased permanently: it can mean bankruptcy filing, temporary but open-ended halting of major operations, or"firesale"acquisition. All information here is provisional, and may contain inaccuracies (especially newer information). If you are planning on doing business with this company or any other one listed on this site, you should inquire with them directly on whether they can still meet your needs. Many are still operating in some capacity. E....................................................................................................................................................................................................... http://ml-implode.com/imploded/lender LancasterMortgageBank(LMB)_2007-06-04.html 5/17/2013 Business Entity Page 1 of 1 Corporations Online Services I Corporations (Forms(Contact Corporations( Business Services Search Business Entity Filing History By Business Name Date:8!812013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verify Verify Certification Online Orders Business Name History Register for Online Orders Order Goad Standing Name Name Type Order Certified Documents LANCASTER MORTGAGE BANKERS,L.L.C. Current Name Order Business List My Images Search for Images Limited Liability Company-Foreign-Information Entity Number: 3045511 Status: Active Entity Creation Date: 2!412002 State of Business.: NJ Registered Office Address: %Ct Corporation System(term) PA0-0 Cambria Mailing Address: No Address copyright 0 2002 Pennsylvania Department of State.All Rights Reserved, Privacy Policy(Security Policy 1EXIHIBrr https://www.corporations.state.pa.us/corn/soskb/Corp.asp?1944290 8/8/2013 9 � . x JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. NO.13-3151 LANCASTER MORTGAGE BANKERS, L.L.C. Defendant CIVIL ACTION—QUIET TITLE ORDER AND NOW, this ! ( day of 061AX r013, upon consideration of the within Motion for Alternate Service Pursuant to Pa.R.C.P 430 and good cause shown therefore, it is hereby ORDERED that service of Plaintiffs Complaint shall be made by publishing the below notice once in the Cumberland County Reporter and once in a newspaper of general circulation in Cumberland County. BY THE COURT: J. c -�a CD ' �i' X-P—'1 ri bution:R. Van Fleet,Esquire, 1200 Camp Hill Bypass, Suite 205,Camp Hill,PA 17011 Craig I.Adler,Esquire, 1200 Camp Hill Bypass, Suite 205,Camp Hill,PA 17011 e. JOSHUA KESLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : Docket No.: 13-3151 c-' Fes'.:1cz3 LANCASTER MORTGAGE BANKERS, • = -r LLC, : Civil Action - Law 2= Defendant • D_ vz �' s l - PRAECIPE TO ENTER PROOF OF SERVICE TO THE PROTHONOTARY: Kindly enter as a matter of record the attached Legal Notice as proof of service by publication of the above-referenced Complaint upon the Defendant Lancaster Mortgage Bankers, LLC. The attached Legal Notice was published once in The Cumberland Law Journal in accordance with Pa.R.C.P. 430. Date: 9/30/13 Craig I. Adler, Esquire Attorney ID: 52970 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND . Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 27, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. `------AL. L. a Marie Coy , Editor SWORN TO AND SUBSCRIBED before me this 27 day of September, 2013.,. ,..., . Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE BAR ASSOCIATION 32 South Bedford Street In the Court of Common Pleas of Carlisle,PA 17013 Cumberland County,Pennsylvania 1-800-990-9108 Civil Action—Law (717)249-3166 Sept.27 Docket No.: 13-3151 JOSHUA KESLER, Plaintiff v. LANCASTER MORTGAGE BANKERS, LLC Defendant NOTICE TO:LANCASTER MORTGAGE BANK- ERS,LLC You have been sued in court.You are hereby notified that Joshua Kes- ler has filed a Complaint to Quiet Title against you.You are hereby directed to file a written response by pleading or motion in this Court. If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court.You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY 10 JOSHUA KESLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : Docket No.: 13-3151 LANCASTER MORTGAGE BANKERS, : LLC, : Civil Action - Law c Defendant • rn°° cm r W'? rn c-� —s -ter, : C.) .�s PRAECIPE TO ENTER PROOF OF SERVICE r" ^`c- TO THE PROTHONOTARY: c ' Kindly enter as a matter of record the attached Legal Notice as proof of service by pu 1ication of the above-referenced Complaint upon the Defendant Lancaster Mortgage Bankers, LLC. The attached Legal Notice was published once in The Patriot News in accordance with Pa.R.C.P. 430. Date: 9/30/13 Craig I. Adler,Esquire Attorney ID: 52970 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff - The Patriot-News Co.2029 Tehnology Pkwy e atriotXews Suite 300 Mechanicsburg, PA 17050 Now you know inquiries - 717-255-8213 CAPOZZI ADLER, PC. P.O. BOX 5866 • HARRISBURG PA 17110 • THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively,and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and cc harracter-of-publication are true; and JOSHUA KESLER, edge of the facts aforesaid and is duly authorized and empowered to verify this statement on Plaintiff said by virtue and pursuant to a resolution unanimously passed and adopted severally by the LANCASTER MORTGAGE f the said Company and subsequently duly recorded in the office for the Recording of Deeds • BANKERS,LLC, Defendant Jliscellaneous :ook"M", Volume 14, Page 317. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 13-3151 I ad OOO �S' = ran on the dates shown below: Civil Action-Law NOTICE September 19, 2013 TO: LANCASTER MORTGAGE BANKERS,LLC You have been sued In court. You are hereby notified that Joshua Kesler has - filed a Complaint to Quiet Title against , you. You are hereby directed to file a - written response by pleading or motion in this Court. Swor t• and subscribed befor yis 19 day of Se etember, 2013 A.D. If You with to defend,you must enter a , written appearance personally or by attorney and file your defenses or ar warned t at i f y u with fail the court.You are warned Matlfyoufailtodosothe case may proceed without you and a Judgment may be entered against you I∎to Public without further notice for the relief ry 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 TELEPHONE THE OFFER,SET O OR COMMONWEALTH OF PF,'t FORTH BELOW.THIS OFFICE CAN ti FSYLVANIA PROVIDE YOU WITH INFORMATION NOtar(a!Sea! ABOUT HIRING A LAWYER. F!o!!Y Lynn Watieal Notary PUb!!C IF YOU CANNOT AFFORD TO A LAWYER,THIS OFFICE MAY BE MWashfn9ton Twp.,Dauphin County ABLE TO PROVIDE YOU WITH Y Commission Expire s pet.12,2016 INFORMATION ABOUT AGENCIES MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION , 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1400-990.9108 711-249-3166 . JOSHUA KESLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : �, - v. : Docket No.: 13-3151 mix m m r 'r' Z C) -rr �, r LANCASTER MORTGAGE BANKERS, -mac?' N ' 7' LLC, : Civil Action—Quiet Title r-<c) Defendant : ' C.) :La L_ MOTION FOR ENTRY OF JUDGMENT AGAINST DEFENDANT LANCASTER MORTGAGE BANKERS, LLC NOW COMES, Plaintiff, Joshua Kesler, by and through his attorneys, Capozzi Adler, P.C., and files this Motion for Entry of Judgment against Defendant, Lancaster Mortgage Bankers, L.L.C. and in support thereof, avers as follows: 1. Plaintiff Joshua Kesler filed a Complaint to Quiet Title on June 3, 2013. 2. Defendant Lancaster Mortgage Bankers, LLC is a defunct Pennsylvania corporation whose last known address c/o CT Corporation, 1515 Market Street, Philadelphia, PA 19102. 3. Plaintiff filed a Motion for Service by Publication on August 9, 2013. 4. This Honorable Court issued an Order directing service by publication on August 14, 2013. 5. Notice of this action was published in The Patriot News on September 19, 2013 (Exhibit A). 6. Notice of this action was published in The Cumberland Law Journal on September 27, 2013 (Exhibit B). 7. Notice of Intention to Enter Judgment by Default was published in The Patriot News on October 22, 2013 (Exhibit C). • . M I 8. Notice of Intention to Enter Judgment by Default was published in The Cumberland Law Journal on October 25, 2013 (Exhibit D). 9. No response has been filed by the Defendant. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of the Plaintiff. Respectfully submitted, CAPOZZI ADLER, P.C. Date: I� � a l 3 Craig I. Adler, Esquire Attorney ID: 52970 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff MECEIV ., OCT - 7 2013 JOSHUA KESLER, BY' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : Docket No.: 13-3151 LANCASTER MORTGAGE BANKERS, • LLC, : Civil Action- Law c ° -Ti ma/ rn Defendant • i `� --s r (p i M -<> PRAECIPE TO ENTER PROOF OF SERVICE xo ...- Vic, TO THE PROTHONOTARY: Kindly enter as a matter of record the attached Legal Notice as proof of service by publication of the above-referenced Complaint upon the Defendant Lancaster Mortgage Bankers, LLC. The attached Legal Notice was published once in The Patriot News in accordance with Pa.R.C.P. 430. Date: 9/30/13 Craig I. Adler, Esquire Attorney ID: 52970 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff (/ \ .7 EXHIBIT A I lie r-d _ncw, ..�. (lilt a 200 Te.ahnoiogy Pkwy Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CAPOZZI ADLER, PC. P.O. BOX 5866 HARRISBURG PA 17110 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and JOSHUA KESLER, edge of the facts aforesaid and is duly authorized and empowered to verify this statement on Plaintiff said by virtue and pursuant to a resolution unanimously passed and adopted severally by the v. t L NCASTER MORTGAGE f the said Company and subsequently duly recorded in the office for the Recording of Deeds ,LLC, Defendant Miscellaneous :ook"M", Volume 14, Page 317. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 134151 1 i ad. 000, , ' ran on the dates shown below: Civil Action-Law TO: LANCASTER MORTGAGE September 19, 2013 .ANKERS,:LLC You have been sued in court.You are ereby notified that Joshua Kesler has led a'Complaint to Quiet Title against ou.You are hereby directed to file d 'ritten response by pleading or motion i this Court. Swor t• and subscribed befor ' 'is 19 day of September, 2013 A.D. l you wish r nc defend,you must by a , 101- I / YIHea appearance pereen011y or by Horsey and file your defenses or blecnans In writing with the court.You • re warned that It you fail to do so the , use may proceed without you and a ,�` i _ _ L _lit i tdgment MOT.be entered against you to Public tthout further notice for the relief ry (quested by the plaintiff.You may lose tow or property or other rights nportant to you.. YOU SHOULD TAKE THIS PAPER 0 YOUR LAWYER AT ONCE.IF YOU 0 NOT HAVE A LAWYER.GO EL PHONE HEOFF CESETOOR r `"p_;i ORTH BELOW.THIS OFFICE CAN ti. ROVIDE YOU WITH INFORMATION it 2�'r'i t - ' BI IF YOU CANNOT AFFORD TO HIRE W I;,t �tif 7�1. tt �4 �� r l t (t: LAWYER,THIS OFFICE MAY BE J l l !1 ! +N• ' t=St 11 CC) BLE TO PROVIDE YOU WITH. L.. 1[[�. HAT MAY OFFERLEGALENCIES 4''``i3 4F`I`IfJ V 7q vel�gy, tV't-i3c ERVICES TO ELIGIBLE PERSONS TA REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 14004904100 717449-3166 JOSHUA KESLER, • IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . w w� v. : Docket No.: 13-3151 3 z70 —4 — LANCASTER MORTGAGE BANKERS, • =r' I N �c LLC, Civil Action - Law r.x tCD WO L7^;l Defendant ? o ° Ohm* P fl yr .� cn PRAECIPE TO ENTER PROOF OF SERVICE TO THE PROTHONOTARY: Kindly enter as a matter of record the attached Legal Notice as proof of service by publication of the above-referenced Complaint upon the Defendant Lancaster Mortgage Bankers, LLC. The attached Legal Notice was published once in The Cumberland Law Journal in accordance with Pa.R:C.P. 430. Date: 9/30/13 Craig I. Adler,Esquire Attorney ID: 52970 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff EXHIBIT B PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices,and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 27, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. --- Va Marie Coy , Editor SWORN TO AND SUBSCRIBED before me this 27 day of September, 2013 _-411.10L......_..c....../... .... / "..../... , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY, My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE BAR ASSOCIATION 32 South Bedford Street In the Court of Common Pleas of Carlisle,PA 17013 Cumberland County,Pennsylvania 1-800-990-9108 Civil Action—Law (717)249-3166 Sept.27 Docket No.: 13-3151 JOSHUA KESLER, Plaintiff v. LANCASTER MORTGAGE BANKERS,LLC Defendant NOTICE TO:LANCASTER MORTGAGE BANK- ERS,LLC You have been sued in court.You are hereby notified that Joshua Kes- ler has filed a Complaint to Quiet Title against you.You are hereby directed to file a written response by pleading or motion in this Court. If you wish to defend,you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court.You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY 10 The Patriot-News Co. ' . iti p t 4, ' 2020 Technology Pkwy a rlo eWs Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CAPOZZI ADLER, PC. P.O. BOX 5866 HARRISBURG PA 17110 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, This ad# • I I 0'340 ran on the dates shown below: . PENNSYLVANIA October 22 2013 DoCket4No.:.3.3151 C s CN -Law JOSHUA KESLER, L e"- Plaintiff LANCASTER MORTGAGE BANKERS,LLC,. Defendant NOTICE OF INTENSION-TO ENTER -'or to and subscribed before m- this 2 say of October, 2013 A.D. JUDG�BY DEFAULT IM RTAER NOTICE 1 1 C ' , \ 1 I I / TO: LANCASTER U..0 G E f� 1 , BAN ERS,LLC YOU ARE 1* AULT BECAUSE ` YOU HAVE FA ED TO-ENTER A �• �'��bI IC WRITTEN APP RANCE e PERSONALLY O BY ATTORNEY ll .AND FILE IN 4 ' IN WITH THE COURT YOUR WEN ES OR OBJECTIONS .THE CLAIMS SET FORTH AGAt,., YOU.UNLESS YOU ACT WI IN �YV .- e P L _2-212._ ' z (1NOTIf�S FROM THE R A ' IS NOTI `gI!ji a ;, RING. SEYa. i f Y R � Y HER S, .HISt ry �t� NOY;,I, IAALAWEYERt. ; '� CE. IF L :,:c.',.:, I FFORD ONES• OR ,,, E THE FOLLOWING EXHIBIT OF ,g''. ND OUT WHEERE YOU I WO:,, �L H ND COUNTY *-„ SWORD STREET B,PA 7013 i.20410 0111t. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 -410 ✓ Notary NOTARIAL SEAL EXHIBIT DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT In the Court of Common Pleas of Cumberland County,Pennsylvania Civil Action—Law Docket No.: 13-3151 JOSHUA KESLER, Plaintiff v. LANCASTER MORTGAGE BANKERS,LLC Defendant IMPORTANT NOTICE TO:LANCASTER MORTGAGE BANK- ERS,LLC You are in default because you have failed to enter a written ap- pearance 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(10)days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your prop- erty or other important rights.YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER OR CANNOT AF- FORD ONE,GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle,PA 17013 1-800-990-9108 (717) 249-3166 Oct. 25 6 JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: 13-3151 -0M ZZ LANCASTER MORTGAGE BANKERS, : cnr— M LLC, Civil Action—Quiet Title ' ' n� Defendant , AFFIDAVIT IN SUPPORT OF MOTION FOR ENTRY OF JUDGMENT AGAINST DEFENDANT LANCASTER MORTGAGE BANKERS,LLC 1, Craig I. Adler, Esquire, declare under penalty of perjury that the following facts are true and correct to the best of my information and belief: 1. I am the attorney for the Plaintiff in this action. 2. Notice of this action was published in The Patriot News on September 19, 2013. Notice of this action was published in The Cumberland Law Journal on September 27, 2013. 3. No response has been served within the time allowed by law nor has Defendant sought additional time within which to respond. Respectfully submitted, CAPOZZI ADLER,P.C. Date: Cr ig I. Adler, Esquire Attorney ID: 52970 P.O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff v� I JOSHUA KESLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: 13-3151 '` ;zm M M r— LANCASTER MORTGAGE BANKERS, LLC, Civil Action—Quiet Title <-I:- CD Defendant ORDER AND NOW, this day of%01WO 1 3, a judgment is entered against Defendant Lancaster Mortgage Bankers, LLC in this Action to Quiet Title as set forth in the Complaint, and: 1. Defendant is forever barred from asserting any right, lien, title or interest in the land inconsistent with the interest or claim of Plaintiff as set forth in the Complaint. 2. The Mortgage dated October 26, 2005 and recorded November 1, 2005 in the Recorder of Deeds Office for Cumberland County, Pennsylvania at Book No. 1929, Page 0939 is cancelled and discharged. 3. This Order is to be filed in the Office of the Recorder of Deeds to indicate that the Mortgage dated October 26, 2005 and recorded November 1, 2005 in the Recorder of Deeds Office for Cumberland County, Pennsylvania at Book No. 1929, Page 0939 has been cancelled and discharged. By t ourt: J. stribution: Craig I.Adler,Esquire, 1200 Camp Hill Bypass,Suite 205,Camp Hill,PA 17011 l