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HomeMy WebLinkAbout14-2329 Supreme Court-of Pennsylvania Cour Com Pleas For Prothonot Use O nly: vi 'Cov P et � .v: Cumberland', ; County Docket No: /` .Sl '7 ' vt3� tl �� 9 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: S ✓ Complaint ❑ Writ of Summons ❑ Petition ❑ Notice of Appeal E Transfer from Another Jurisdiction El Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T Brandon SHOEMAKER Kayla CARROLL I ❑ Check here if you are a Self- Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: Forest N. Myers. Esq. N Are money damages requested? : ❑Yes ❑✓ No Dollar Amount Requested: within arbitration limits A (Check one) outside arbitration limits Is this a Class Action Suit? ❑ Yes P/1 No 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 ❑ Intentional ❑ Buyer Plaintiff AAninistrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card LJ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other Board of Elections ❑ Nuisance Dept. of Transportation ❑ Premises Liability Zoning Board S ❑ Product Liability (does not include Statutory Appeal: Other E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other T icial Appeals 11 MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT n ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste Ejectment E] Other: J Common Law /Statutory Arbitration B Eminent Domain /Condemnation Declaratory Judgment Ground Rent ❑ Mandamus Landlord/Tenant Dispute ❑ Non - Domestic Relations Mortgage Foreclosure Restraining Order ❑ PROFESSIONAL LIABLITY ✓ Partition Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.CA 205.5 212010 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least seventy -two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF THE 9 JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA c� C) BRANDON SHOEMAKER, CIVIL ACTION - EQUITY. -vim s' ` Plaintiff rna' ;''- r� - -- - x M � u r- rn Zn 7-0 v. v r . -4 z� ea - KAYLA CARROLL, :_ Defendant «-4 t J NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 and 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S Bedford Street Carlisle PA 17013 717.249.3166 1.800.990.9108 fla3, 7 S 9 IN THE COURT OF COMMON PLEAS OF THE 9" JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA BRANDON SHOEMAKER, CIVIL ACTION - EQUITY Plaintiff No. V. KAYLA CARROLL, : Defendant COMPLAINT NOW COMES, the Plaintiff, Brandon Shoemaker, by his attorney, Forest N. Myers, Esquire, and sets forth the following: 1. Plaintiff is Brandon Shoemaker, an adult individual who resides at 54 Sandbank Road, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Kayla Carroll an adult individual who resides at 110 Walleye Drive, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the owners of real estate situate at 110 Walleye Drive, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, having a Tax Parcel #39 -11- 0312 -055 as joint tenants with the right of survivorship and not as tenants in common. The said property is described in Exhibit "A ", attached hereto and made a part hereof. 4. The parties acquired title to the property by deed of Interfaith Housing Alliance, Inc. a Maryland non - profit corporation by deed dated June 25, 2009 and recorded July 13, 2009 at Instrument No. 200924211. A copy of said deed is attached hereto as Exhibit "B ", and incorporated herein by reference. 5. The property is subject to a mortgage dated July 7, 2009 in favor of the United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture in the principal amount of $158,000.00 said Mortgage being recorded in the Office of Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200924212. A copy of said Mortgage is attached hereto as Exhibit "C ", and incorporated herein by reference. 6. The property is subject to a Grant Agreement to the County of Cumberland dated July 7, 2009 and recorded December 7, 2009 in the Office of Recorder of Deeds of Cumberland County, Pennsylvania as Instrument No. 200940942. A copy of said Grant Agreement is attached hereto as Exhibit "D ", and incorporated herein by Reference. 7. No party, other than the parties hereto, has an interest in the said property, which is currently in the possession of the Defendant. 8. No partition or division of the property has ever been made or requested. WHEREFORE, Plaintiff demands that: A) The Court decree partition of the real estate in such manner as the Plaintiff, Brandon Shoemaker shall receive his proportionate share of said real estate; B) The share or shares to which the respective parties are entitled be set out to them severally and that all proper and necessary conveyances and assurances be executed for carrying such partition into effect, and that, if the real estate cannot be divided without prejudice to or spoiling the whole such proper and necessary sale or sales of the same may be made by such persons and in such manner as the Court shall direct, and C) Such other equitable relief as the Court may deem necessary and proper. Forest yers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e -mail fnmyers (a7lawofficeforestmyers.com verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: BRANDON SHOEMAKER, Plaintiff f Exhibit A ALL that tract of land in Southampton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin on the western right -of -way line for Walleye Drive at the corner of Lot No. 38 on the hereinafter described subdivision plan; thence by said Lot No. 38, North 79 degrees 17 minutes 46 seconds West, 180.96 feet to an iron pin at corner of stormwater easement; thence by said stormwater easement, North 10 degrees 42 minutes 14 seconds East, 125.88 feet to a set concrete monument on line of land now or formerly of Roy M. Mellinger; thence by said land now or formerly of Roy M. Mellinger, North 60 degrees 42 minutes 00 seconds East, 55.61 feet to an iron pin at corner of Lot No. 40 on the hereinafter described subdivision plan; thence by said Lot No. 40, South 52 degrees 00 minutes 45 seconds East, 177.59 feet to an iron pin in the western right -of -way line of Walleye Drive; thence in and along the right -of -way line of Walleye Drive, by a curve to the left on a circle having a radius of 175.00 feet, for an arc distance of 83.33 feet, the chord of which is South 24 degrees 20 minutes 44 seconds West, 82.55 feet to an iron pin in the western right -of -way line for Walleye Drive, the point of BEGINNING. THE above description was taken from a final subdivision plan for North Middle Spring Estates by Eric L. Diffenbaugh, Professional Land Surveyor, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 91, Page 61. THE above described tract of land is identified as Lot No. 39 on said plan. Exhibit "A" w1 i j oa4 001 GZE THIS DEED MADE this day of TL, r.e , in the year Two Thousand and Nine (2009). BETWEEN INTERFAITH HOUSING ALLIANCE, INC., a Maryland non - profit corporation with its principal office at 731 North Market Street, Frederick, MD 21701, party of the first part, Grantor, AND BRANDON SHOEMAKER and KAYLA CARROLL, as joint tenants with right of survivorship and not as tenants in common, of 39 SME, Shippensburg, Pennsylvania, parties of the second part, Grantees. WITNESSETH, that in consideration of the sum of Forty -Nine Thousand ($49,000.00) Dollars in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantees, ALL that tract of land in Southhampton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin on the western right -of -way line for Walleye Drive at the corner of Lot No. 38 on the hereinafter described subdivision plan; thence by said Lot No. 38, North 79 degrees 17 minutes 46 seconds West, 180.96 feet to an iron pin at corner of stormwater easement; thence by said stormwater easement, North 10 degrees 42 minutes 14 seconds East, 125.88 feet to a set concrete monument on line of land now or formerly of Roy M. Mellinger; thence by said land now or formerly of Roy M. Mellinger, North 60 degrees 42 minutes 00 seconds East, 55.61 feet to an iron pin at corner of Lot No. 40 on the hereinafter described subdivision plan; thence by said Lot No. 40, South 52 degrees 00 minutes 45 seconds East, 177.59 feet to an iron pin in the western right -of -way line of Walleye Drive; thence in and along the right -of -way line of Walleye Drive, by a curve to the left on a circle having a radius of 175.00 feet, for an arc distance of 83.33 feet, the chord of which is South 24 degrees 20 minutes 44 seconds West, 82.55kfeet to an iron pin in the western right -of -way line for Walleye Drive, the point.of BEGINNING. CONTAINING 24,156 square feet, more or less. The above description was taken from a final subdivision plan for North Middle Spring Estates by Eric L. Diffenbaugh, Professional Land Surveyor, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 91, at page 61. The above described tract is identified as Lot No. 39 on said plan. Exhibit "B" wl The above described tract is a portion of the larger tract of land which Wayne L. Wadel, Jr. and Mary L. Wadel, his wife, Ronald A. Wadel and Connie A. Wadel, his wife, and Wayne L. Wadel, Jr. and Ronald A. Wadel, trading and doing business as Wadel Masons, by their Deed dated September 27, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 271, at page 1418, sold and conveyed unto Interfaith Housing Alliance, Inc., the Grantor herein. SUBJECT TO the Declaration of Restrictions, Reservations, Conditions and Protective Covenants recorded August 7, 2006 in Miscellaneous Book 729, at page 1975. SUBJECT, ALSO, TO the stormwater easement as shown on the above described subdivision plan. And the said Grantor does hereby covenant that it will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: INTERFAITH HOUSING ALLIANCE, INC. By:(Zk'Lb6A**& Its President STATE OF MARYLAND SS. COUNTY OF FREDERICK _ On this, the Z5 day of '7TL . he_ , 2009, before me, V"`E 9 , the undersigned officer, personally appeared FX Cpl c c A Mo ��/1 who acknowledges 1-iPa - self to be the President of Interfaith Housing Alliance, Inc., trading as Interfaith Housing of Pennsylvania, and that ��.� , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by tee' self as President. In Witness Whereof, I hereunto set my hand and official seal. 0 Notary Public My commission expires: e 7(y ,1 _^ : ��fi�, J1 T�/t,;;- ti•:;,: Joyce C.Kwamena -Poh usuC Frederick County. Maryland r. • ��. _ ;.,..... s .:.� ` .•1 U�3. ` 4 :` '`, My Commission Expires 1 /27/2012 CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and the complete post office address of the within Grantee is f A4ferney for Grantee C ref Dated: r ] `� - , 2009 ROBERT P. ZIEGLER RECORDER OF DEEDS J. CUMBERLAND COUNTY .. 1 COURTHOUSE SQUARE ��j a`• .� � Aa CARLISLE, PA 17013 717 - 240 -6370 Instrument Number - 200924211 Recorded On 7/13/2009 At 11:09:33 AM * Total Pages - 4 • Instrument Type - DEED Invoice Number - 48111 User ID - AF • Grantor - INTERFAITH HOUSING ALLIANCE • Grantee - SHOEMAKER, BRANDON • Customer - MADISON * FEES STATE TRANSFER TAIL $490.00 Certification Page STATE WRIT TAX $0.50 STATE JCS /ACCESS TO $10.00 DO NOT DETACH JUSTICE RECORDING FEES — $11.50 Th is page lS IIOW art RECORDER OF DEEDS P g P PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SHIPPENSBURG AREA $245.00 SCHOOL DISTRICT SOUTHAMPTON TOWNSHIP $245.00 TOTAL PAID $1,026.50 I Certify this to be recorded in Cumberland County PA ,t c p CUMA@ o 0 RECORDER r O ¢ T y�so * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. ````IIll ff O"OzE II II1 IIf1�1�I�Il I II II II � tll II� 001 GZF [Space Above This tine For Recording Data] Form RD 3550 -14 PA Form Approved (Rev. 11 -03) OMB No_ 0575 -0172 United States Department of Agriculture Rural Housing Service MORTGAGE FOR PENNSYLVANIA THIS MORTGAGE ( "Security Instrument ") is made on Jt1'ly 7, 2009 [Date] The mortgagor is Brandon Shoemaker and Kayla Carroll ( "Borrower "). This Security Instrument is given to the United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture ( "Lender "), whose address is Rural Housing Service, c/o Centralized Servicing Center, United States Department of Agriculture, P.O. Box 66889, St. Louis, Missouri 63166. Borrower is indebted to Lender under the following promissory notes and/or assumption agreements (herein collectively called "Note ") which have been executed or assumed by Borrower and which provide for monthly payments, with the full debt, if not paid earlier, due and payable on the maturity date: Date of Instrument Principal Amount Maturity Date July 7, 2007 $158,000.00 July 7, 2042 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the property covered by this Security Instrumeni; (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, and (d) the recapture of any payment assistance and subsidy which may be granted to the Borrower by the Lender pursuant to 42 U.S.C. §§ 1472(g) or 1490a. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Cumberland Commonwealth of Pennsylvania: which has the address of 110 Walleye Drive; . Shippensburg, [street] [City) Pennsylvania 17257[z[P] ( "Property Address "); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures which now or hereafter are a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. According to the Paperexrk Reduction Act of 1995, no persons'are required to respond to a collection of information unless it displals a valid OMB control number, The valid OMB control number for this information collection is 0573 -0171. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the date needed, and completing and reviewing the collection of information. Exhibit "C° Page 1 of 6 THIS SECURITY INSTRUMENT c ombines u niform c ovenants for n ational u se a nd n on- uniform c ovenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ( "Funds ") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; and (d) yearly flood insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ( "RESPA "), unless another law or federal regulation that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held by a federal agency (including Lender) or in an institution whose deposits are insured by a federal agency, instrumentality, or entity. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one -time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid 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 all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If Lender shall acquire or sell the Property after acceleration under paragraph 22, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law or Lender's regulations provide otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied in the following order of priority: (1) to advances for the preservation or protection of the Property or enforcement of this lien; (2) to accrued interest due under the Note; (3) t o p rincipal d ue u nder t he N ote; (4) to amounts required for the escrow items tinder paragraph 2; (5) to late charges and other fees and charges. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to th- Property which may attain priority over this Security Instrument, and IeasehoId payments or ground rents, �_ any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Lender has agreed in writing to such lien or Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ten (10) days of the giving of notice. Borrower shall pay to Lender such fees and other charges as may now or hereafter be required by regulations of Lender, and pay or reimburse Lender for all of Lender's fees, costs, and expenses in connection with any full or partial release or subordination of this instrument or any other transaction affecting the property. Page 2 of 6 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurer providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, at Lender's option Lender may obtain coverage to protect Lender's rights in the Property pursuant to paragraph 7. All insurance policies and renewals shall be in a form acceptable to Lender and shall include a standard mortgagee clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration br repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within thirty (30) days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The thirty (30) day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If after acceleration the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation, Maintenance, and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall maintain the improvements in good repair and make repairs required by Lender. Borrower shall comply with all laws, ordinances, and regulations affecting the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, ,probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender is not required to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Refinancing. If at any time it shall appear to Lender that Borrower may be able to obtain a loan from a responsible cooperative or private credit source, at reasonable rates and terms for loans for similar purposes, Borrower will, upon the Lender's request, apply for and accept suoh loan in sufficient amount to pay the note and any indebtedness secured hereby in full. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be Page 3 of 6 e . reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured hereby immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within thirty (30) days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. 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 Security Instrument granted by Lender to Borrower and any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and agreements shall be joint and several. Any Borrower who co- signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security - Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. This instrument shall be subject to the present regulations of Lender, and to its future regulations not inconsistent with the express provisions hereof. All powers and agencies granted in this instrument are coupled with an interest and are irrevocable by death or otherwise; and the rights and remedies provided in this instrument are cumulative to remedies provided by law. 15. Borrower's Copy. Borrower acknowledges receipt of one conformed copy of the Note and of this Security Instrument. 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 leased for a term greater than three (3) years, leased with an option to purchase, sold, or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural persons without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. 17. Nondiscrimination. If Borrower intends to sell or rent the Property or any part of it and has obtained Lender's consent to do so (a) neither Borrower nor anyone authorized to act for Borrower, will refuse to negotiate for the sale or rental of the Property or will otherwise make unavailable or deny the Property to anyone because of race, color, religion, sex, national origin, disability, age, or familial status, and (b) Borrower recognizes as illegal and hereby disclaims and will not comply with or attempt to enforce any restrictive covenants on dwelling relating to race, color, religion, sex, national origin, disability; age or familial status. 18. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer ") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 13 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. Page 4 of 6 i 19. Uniform Federal Non - Judicial Foreclosure. If a uniform federal non judicial foreclosure law applicable to foreclosure of this security instrument is enacted, Lender shall have the option to foreclose this instrument in accordance with such federal procedure. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any hazardous substances on or in the Property. The preceding sentence shall not apply to the presence, use, or storage on the Property of small quantities of hazardous substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any federal, state, or local environmental law or regulation. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Property and any hazardous substance or environmental law or regulation of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any hazardous substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with applicable environmental law and regulations. As used in this paragraph "hazardous substances" are those substances defined as toxic or hazardous substances by environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph, "environmental law" means federal laws and regulations and laws and regulations of the jurisdiction where the Property is located that relate to health, safety or environmental protection, 21. Cross Collateralization. Default hereunder shall constitute default under any other real estate security instrument held by Lender and executed or assumed by Borrower, and default under any other such security instrument shall constitute default hereunder. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. SHOULD DEFAULT occur in the performance or discharge of any obligation in this instrument or secured by this instrument, or should the parties named as Borrower die or be declared incompetent, or should any one of the parties named as Borrower be discharged in bankruptcy or declared an insolvent or make an assignment for the benefit of creditors Lender, at its option, with or without notice, may. (a) declare the entire amount unpaid under the note and any indebtedness to Lender hereby secured immediately due and payable, (b) for the account of Borrower incur and pay reasonable expenses for repair or maintenance of and take possession of, operate or rent the property, (c) upon application by it and production of this instrument, without other evidence and without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in like cases, (d) foreclose this instrument as provided herein or by law, and (e) enforce any and all other rights and remedies provided herein or by present or future laws. 23. The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a) costs and expenses incident t o enforcing or complying with the provisions hereof, (b) any prior liens required by law or a competent court to be so paid, (c) the debt evidenced by the note and all indebtedness to Lender secured hereby, (d) inferior liens of record required by law or a competent court to be so paid, (e) at Lender's option, any other indebtedness of Borrower owing to Lender, and (f) any balance to Borrower. At foreclosure or other sale of all or any part of the property, Lender and its agents may bid and purchase as a stranger and may pay Lender's share of the purchase price by crediting such amount on any debts of Borrower owing to Lender, in the order prescribed above. 24. Borrower agrees that Lender will not be bound by any present or future laws, (a) providing for valuation, appraisal, .homestead or exemption of the property, (b) prohibiting maintenance of an action for a deficiency judgment or limiting the amount thereof or the time within which such action must be brought, (c) prescribing any other statute o f 1 imitations, or (d) I imiting the c onditions which L ender may by regulation impose, including the interest rate it may charge, as a condition of approving a transfer o f t he p roperty t o a n ew B orrower. B or:ower expressly waives the benefit of any such State laws. Borrower hereby relinquishes, waives, and conveys all rights, inchoate or consummate, of descent. 25. Upon default by Borrower as aforesaid, Lender may foreclose this instrument as.authorized or permitted by the laws then existing of the jurisdiction where the property is situated and of the United States of America, on terms and conditions satisfactory to Lender, including but not limited to foreclosure by (a) statutory power of sale, or (b) advertisement and sale of the property at public auction to the highest bidder in one or more parcels at Lender's option and at the time and place and in the manner and after such notice and on terms required by statute or determined by Lender if not contrary to statute, or (c) written agreement hereafter made between Borrower and Lender. 26. COAL AND RIGHT OF SUPPORT. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE, OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT' UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN: AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL, AND IN THAT CONNECTION DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING, OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION OF THIS NOTICE DOES Page 5 of 6 i Exhibit A ALL that tract of land in Southampton 'township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin on the western right -of -way line for Walleye Drive at the corner of Lot No. 38 on the hereinafter described subdivision plan; thence by said Lot No. 38, North 79 degrees 17 minutes 46 seconds West, 180.96 feet to an iron pin at corner of stormwater easement; thence by said stormwater easement, North 10 degrees 42 minutes 14 seconds East, 125.88 feet to a set concrete monument on line of land now or formerly of Roy M. Mellinger; thence by said land now or formerly of Roy M. Mellinger, North 60 degrees 42 minutes 00 seconds East, 55.61 feet to an iron pin at corner of Lot No. 40 on the hereinafter described subdivision plan; thence by said Lot No. 40, South 52 degrees 00 minutes 45 seconds East, 177.59 feet to an iron pin in the western right -of -way line of Walleye Drive; thence in and along the right -of -way line of Walleye Drive, by a curve to the left on a circle having a radius of 175.00 feet, for an arc distance of 83.33 feet, the chord of which is South 24 degrees 20 minutes 44 seconds West, 82.55 feet to an iron pin in the western right -of -way line for Walleye Drive, the point of BEGINNING. THE above description was taken from a final subdivision plan for North Middle Spring Estates by Eric L. Diffenbaugh, Professional Land Surveyor, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 91, Page 61. THE above described tract of land is identified as Lot No. 39 on said plan. ROBERT P. ZIEGLER RECORDER OF DEEDS ;, x CUMBERLAND COUNTY" 1 COURTHOUSE SQUARE -' CARLISLE, PA 17013 717 -240 -6370 - - Instrument Number - 200924212 Recorded On 7/1312009 At 11:09:34 AM * Total Pages - 8 * Instrument Type - MORTGAGE Invoice Number - 48111 User ID - AF * Mortgagor - SHOEMAKER, BRANDON * Mortgagee - UNITED STATES OF AMERICA DEPT OF AGRI * Customer - MADISON * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $17.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $54.50 I Certify this to be recorded in Cumberland County PA 0 9t o v � / - RECORDER O D EDS ipso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001GZF ill III111f11llflllllllllllll rn GRANT AGREEMENT 0009DC THIS IS AN AGREEMENT 1 �id 7` ' day of T — C L U — L 2004 by and i3N4etween Br&Am* aid o� �, (hereinafter known as "Recipient "), and the County of Cumberland, by and through its agent, the Redevelopment Authority of the County of Cumberland (hereinafter known as "County"). WITNESSETH: WHEREAS, the .County, provided funds to Interfaith's Middle Creek Homeownership Project from the County's Community Development Block Grant (CDBG) Program and from its Home Investment Partnerships (HOME) Program which offers grant assistance in the form of a five (5) year forgivable loan to eligible first -time home buyers; and, WHEREAS, Recipient is an eligible first -time home buyer; and, WHEREAS, Recipient desires 'to purchase the property located at/known as Iot #39 - Nxffi Midi a Ftalias hereinafter the "Premises "); and, WHEREAS, the Redevelopment Authority of the County of Cumberland (hereinafter the "Authority") administers the County's CDBG and HOME Programs on behalf of the County; and, WHEREAS, the parties desire to enter into this Agreement to set forth the mutual understanding of the parties regarding the receipt by Recipient of assistance from the ADDI Program. NOW, THEREFORE, in 'consideration of the mutual covenants as .set forth herein, and Intending to be legally bound, the parties do hereby agree as follows:" I . Recipient shall receive from the CDBG Program a grant in the amount of $885.00 (hereinafter the "CDBG Grant') and shall receive from the HOME Program a grant in the amount of $1.024.00.00 (hereinafter the "HOME Grant') that will reduce the purchase price of the Premises. 2. The amount of both Grants shall be refunded if any of the following occurs, within five (5) years from the date of this Agreement: A. The Premises is sold, transferred, or conveyed or the Recipient's equitable interest in the Premises Is extinguished; or, B. The Recipient ceases to utilize the Premises as its principal place of residence; or, C. The Recipient, or the last of them if more than one in number, dies. (Hereinafter Paragraphs 2.A., B., or C. are known as the "Repayment Triggering Event ".). 3. In the event a "Repayment Triggering Event" should occur within a period of five (5) years from the date of this Agreement, then and In such event, the repayment amount shall be determined in accordance with the following formula: 1 of III IIIfill11II I111111111111II Exhibit "D" • The Grant amount shall be forgiven by one - sixtieth (9/60) of the original Grant amount on the first monthly anniversary date of this Agreement and by one -slAeth (1/60) on each subsequent monthly anniversary date thereafter. The balance of the Grant which has not been forgiven in accordance with the .above formula shall be due and payable; as aforesaid. 4. This Agreement Is sub ect and subordinate to the lien of a first mortgage provided by Recipient to LLUR (hereinafter the "Lender") and a second ' mortgage provided by Recipient to Nl The parties hereto agree that all terms and provisions of this Agreement will be subject and subordinate to the lien of th e Lender's first mortgage and any payments or expenses already made - or incurred or wh may hereafter be made or Incurred, pursuant to the terms of such mortgage loan(s) or incidental thereto, or to protect the security thereof, to the full extent thereof. 5. Notwithstanding anything herein to the contrary, in the event Lender's first mortgage is insured by the U.S. Department of Housing and Urban Development (hereinafter "HUD "), the parties hereto agree that only those legal restrictions on conveyance permissible under applicable HUD regulations shall be valid and enforceable hereunder and further agree that such restrictions shall automatically terminate if title to the property is transferred by foreclosure of deed in lieu of foreclosure and /or an assignment of interest In the property to HUD. 6. This Agreement shall be recorded In the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania and shall constitute a lien upon the Premises for a perlod of five (5) years from the date of this Agreement. 7. This Agreement shall be binding upon the parties and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year above written. NESS RECIPIENT SEna�l�x• REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, agent for the COU CUMBERLAND By 2of3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 7 day of July, 2009, before me, the undersigned officer, personally appeared, Brandon Shoemaker and Kayla Carroll, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notorial seal. COMMON OF P ENNSYLVANIA L mom Npawn Made Shoop, NOINY Public Notary Public Canto mm, Cumbedand County CommhalonB raaMt t� 2013 My Commission Expires: , P aim of Nolan- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of July, 2009, be ore me, the undersigned officer, personally appeared, V — z .ems �(xt rom the County of Cumberland by and through its agent, the Redevelop dent Authority of the County of Cumberland, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notorial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA My Commission Expires: NOTARIAL SEAL F. Byers, Notary Public :Karen lisle Borough, Cumberland County commission expires March 18, 20! 1 Exhibit A ALL that tract of land in Southampton Township, Cumberland County, Pennsylvania, being more particularly described as follows: BEGINNING at an iron pin on the western right -of -way line for Walleye Drive at the corner of Lot No. 38 on the hereinafter described subdivision plan; thence by said Lot No. 38, North 79 degrees 17 minutes 46 seconds West, 180.96 feet to an iron pin at corner of stormwater easement; thence by said stormwater easement, North 10 degrees 42 minutes 14 seconds East, 125.88 feet to a set concrete monument on line of land now or formerly of Roy M. Mellinger; thence by said land now or formerly of Roy M. Mellinger, North 60 degrees 42 minutes 00 seconds East, 55.61 feet to an iron pin at corner of Lot No. 40 on the hereinafter described subdivision plan; thence by said Lot No. 40, South 52 degrees 00 minutes 45 seconds East, 177.59 feet to an iron pin in the western right -of -way line of Walleye Drive; thence in and along the right -of -way line of Walleye Drive, by a curve to the left on a circle having a radius of 175.00 feet, for an arc distance of 83.33 feet, the chord of which is South 24 degrees 20 minutes 44 seconds West, 82.55 feet to an iron pin in the western right -of -way line for Walleye Drive, the point of BEGINNING. THE above description was taken from a final subdivision plan for North Middle Spring Estates by Eric L. Diffenbaugh, Professional Land Surveyor, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 91, Page 61. THE above described tract of land is identified as Lot No. 39 on said plan. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY -- 1 COURTHOUSE SQUARE .= - CARLISLE, PA 17013 _ a 717 - 240 -6370 = S - Instrument Number - 200940942 Recorded On 12/7/2009 At 2:48:07 PM * Total Pages - 5 • Instrument Type - ASSIGNMENT Invoice Number - 57380 User ID - MSW • Grantor - SHOEMAKER, BRANDON • Grantee - REDEVELOPMENT AUTH OF CUMB CO • Customer - MADISON SETTLE * FEES STATE WRIT TAX $0.50 Certification Page RECORDING FEES — $11.50 RECORDER OF DEEDS DO NOT DETACH PARCEL CERTIFICATION $10.00 FEES This page is now part COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 of this legal document. TOTAL PAID $27.00 I Certify this to be recorded in Cumberland County PA 0 RECORDER O D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0009DC itIIIIIIIIiIIIII111IIIll NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS- OR ESTATES OTHERWISE CREATED, TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box] ❑ Condominium Rider ❑ Planned Unit Development Rider © Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 6 of this Security Instrument and in any rider executed by Borrower and recorded with this Security Instrument Signed, sealed, and delivered in the pr nee of: (Se al) Bor er ��— t BA�� Shaemaker l (Seal) Borr ower Kayla Carroll ACKNOWLEDGMENT COMMONWEA TH OF PENNSYLVANI ss COUNTY OF � before me, a Notary Public in and for said On the — day of L) ( U State and County, personally appeared Brandon Sho emaker . 9 va.yla Carroll known (or satisfactorily proved) to me to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged to me that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an o rcial seal. My commission expires Notary Pubkc Co MMONWEAL O F PENNSYLVANIA (NOTARIAL SEAL) Notarial Seet Dews Maria a", Notary Public Carlisle Scro, Cumberland County I certify that the precise residence oft he within - named Lender is Washington, D.C. M Comndeslon Expires May 17, x013 Witness my hand this day of I t Member, Penntpvanie ArawoloWn of Notaries % of Lender Page 6 of 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson `< (Ui_ •Sheriff Jody S Smith 4,4 Chief Deputy ' 2014 MAY - I AM I0 20 Richard W Stewart Solicitor or ( cp.. ,bgdq� CUMBERLAND COUNTY" PENNSYLVANIA Brandon Shoemaker vs. Case Number Kayla Carroll 2014-2329 SHERIFF'S RETURN OF SERVICE 04/23/2014 01:41 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kayla Carroll at 110 Walleye Drive, Southampton, Shippensburg, PA 17257. JASON KIN , DEPUTY SHERIFF COST: $51.09 SO ANSWERS, April 28, 2014 RONR ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc.