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HomeMy WebLinkAbout08-0200Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. 750 Washington Boulevard, 7`h Floor Stamford, CT 06901 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN RITCHEY NO. ?$ - a00 Civi 1 Term PO Box 162 / 66 West Main Street, Plainfield PA Defendant CIVIL ACTION - LAW Complaint - Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (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 claim 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-12316 BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. no. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. IN THE COURT OF COMMON PLEAS 750 Washington Boulevard, 7`' Floor Stamford, CT 06901 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 6F- oZGD Gum ~ JONATHAN RITCHEY 66 West Main Street Plainfield, PA Defendant : CIVIL ACTION - LAW Complaint 1. Plaintiff is CitiMortgage, Inc., a corporation, with a place of business located at 750 Washington Boulevard, 7' Floor, Stamford Connecticut. 2. The defendant is Jonathan Ritchey, an adult individual, residing at 66 West Main Street, Plainfield, Cumberland County, Pennsylvania. 3. On or about August 23, 2004, defendant entered into and executed a Secondary Mortgage Lien Note (hereafter the "Note") in favor of Taylor, Bean, & Whitaker Mortgage Corp. A true and correct copy of the Note is attached hereto and incorporated herein as Exhibit A. 4 . As security for the Note, defendant executed a Mortgage (Secondary Lien) (hereafter "Mortgage") dated August 23, 2004, on certain real estate more fully described in said Mortgage. A true and correct copy of the Mortgage is attached hereto and incorporated herein as Exhibit B. 5 The Note and Mortgage were in the original principal amount of $27,800.00 with interest at the rate of 9.75% per annum. 6 . Plaintiff purchased the Note and Mortgage from Taylor, Bean & Whitaker Mortgage Corp., and is now the holder of the Note and Mortgage. 7. The Note is in default because monthly payments were not made per the terms of the Note to plaintiff. 8. Plaintiff sent defendant, via certified mailed return receipt and regular mail, a notice of default in compliance with Act 6 of 1974 (41 P.S. § 403), copies of which are attached hereto as Exhibit C. 9. Defendant failed to cure the default. 10. As a result of defendant's default and failure to pay, the sum of $27,666.00 is due plaintiff. 11. Per the terms of the Note, plaintiff is entitled to recover reasonable attorneys' fees and costs of this action. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $27,666.00, plus reasonable attorneys' fees and the costs of this action. Burton Neil & s ociates, P.C. y Br' J. Suttell, squire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. TRUE & CERMI CD Copy SECONDARY MORTGAGE LOAN This agremand is subject to the PIMP111 oils of the Secondary Mor%aige Loan Ace. NOTE ! ?a?' 208 a%W-14 ' Penmylvaaia . 120 t..bo Road Carlisle. PA 17015 IRS" A-Ml ' (l 3/ lI D / ! 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise in pay US. 327,5o0.0o (ids amount Is Called -Prleeipan, plus Nueresc. to the order of the Lerner. The Lender is Taylor, Dons 3 Whitaker Mo ftapa Corp., a Florida C. P. 1100 I will mak all paymtm under this Now in the form of cub, check or morhey order. I vi dervend that the Lender may tesrnfer this Note. The Lender or anyone who takes this Now by t wzhr end who is eadded to recelve payinenm under this Now is called the 'Note Haldr.' 2 [M'ERES'T Imenest will be cFur$ed on unpaid Principal until the full amalat of Pdoctpal hn been paid. I will pay Intact at a yearly me of 9350096. The Interm rate m pdred by this Section 2 is the rase I will pay both before and after any default dewribed in Section 60 of this Note. a PAYMENTS (A) Pima and Phaca dPayseda 1 wt0 pay prl 4* and I 1 11i by makbrga paymentevery rronde I will make my mmft payment on the tat day of ado month begirmMg an October 01, 2001 1 will rake thew psymem every moth until I have paid all of the prkeipel wall I,t and any other dnamgn desvibrd below that 1 may owe under bhlt Nee. Booth numbly paynat will be applied as oflts scheduled due dace and will be apoW t to beset hernia hincipai If, an Septernber 01, 2019 , I still awe ama ms under this Nee. l will pay thews amaunte in full an that date. which Is culled the Wahatty Date.. I will nuke my mniubly paymntts at Taylor, Stuart ti YHhitmtar Mortgage Corp., 1417 North Magnolia Ave. Ocala, FL 34475 or at a dlHerm place if required by the Note Holier. (B) AmamtdMooddyPriymaeta My monthly payment will be in the mum of U.S. S2311.84 ti BORROWER'S RIGHT TO PREPAY I hie the right to make I;Wnera of Principal at any time before they are due. A payment of Principal only k known as a vrepejntum.' When I make a Prepayment I will tell the Now Holder In wdit that I am dokig am I may not designate a payment n a Prepayntrt If I have not cede all the mondily payments due under the Note. I may mabe a full Prepaymem or partial Prepayments without paying a Prepayment chwgL The Note Holder will use my PRpeynenm to. reduce the onmmt of P*xW that 1 owe under skis NOW However, the Now Holder may apply my Prepsyaerd to the accrued and unpaid lianas an the Prepayment amormt. before applying my Prepayment to reduce the PENNSYLVANIA FDrm su7LrrmTi-slgM Family-It asae.Y IL. Cart LompLNnCE SOURCE. W a GAVAnA 0 a rtEmruuu ImoU 0* t d3Fygr ao-wor: r4asm+arj.r.csnra4131 *024197601513* roaNa7N/Nr 1 EXHIBIT_?_ 1 Pd4dP01 amount of the Note. If I md1a a PwtW Prepaym K tkwe will be no cbargp In the doe date or in die amount of my rrtonthly payment wdm the Note Holder agrees In wMIM to those do gn L LOAN CHARGES If a law. which aWles to this fain and which sets mncimum loan charges, Is finally huerpfemd so that the Interest or othw loan chs" collected or to be colemed In connection with this loan eased die pandered lbwl& then: (a) any such loan charge shall be reduced by Me amour xamsry 10 reduce 00 dWp to the pouched Nrnlt; and (b) any stun akendy collated from me wMch esoceeded pamltted limbs will be re:f ended to toe. 7be Note Holder may drowse to hooka ft ndimd by reducing the Principal I owe under this Note or by making a direct paymertt to toe. If a rdfund reduces Principal. de. reduction will be seated as a partial Prepayment a BORROWER'S FAIWRE TOPAYAS REQUIRED (A) Lathe Cheep for Overdue Pity ments If due Now Holder has not mcetved the full amount of cry mmtkly pgrne nt by the and of 15 calendar days after the date It is due. i will pay a late dmp to the Nate Holder. The unmuu of ilia charge will be 5A=% of my overddu Ddukof pioeipal and interest. I will pry"late charge promptly but only am on each loe payment. If I do not pay the (A amount of each monthly payment on the doe It Is duo I will be in default (C) Me" of Ddu* If I am in defaak the Nate Holder may send me a written notice IdI ft me flat if I do not pay the overdue amount by a cualn dale. the Note Holder may require me to pay liormcilody the Poll amom of Principal which has not ban paid and all the Inlrras< Ow I owe on that anoeurt. That date must be at Ina 30 days after the data on which the notice Is mailed to me or deliwaed by oiler nreaas P Na Waiver By Noe Haider Ewen if. at a time when I an in ddaolt, the Now }older does not regain me in pay Wmmdia* in full u described abase, the Now Hodder will still have the right to do so If I am in ddmk at a later tiny'. (E) Payment d New )folder's Casa uId F.tttpenats If the Nate Holder has agtdmd ere to pay Immedlaldy In full as described above. the Now Holder will have the fight to be paid back by me for all of IN mars and eacpe ses In enforekng this Note to the extent not p vWbked by applicable low. Tam eseperses include. for otample. reasonable attorneys' fees. 7. GIVING OF NOTICES Unions applicable law mquiraa a differed med od. airy notice flat moat be given to me m+der this Note will be germ by delivethrg it or by nailing it by first class tong to me at the Pmpety Address above or at a different address if I give toe Note Holder a notice of my different addreu Any notice tho aunt be given to the Noe Holder under this Note will be given by ddhre 4 It or by mailkrg it by liras doer mail to the Now Holder at the address sliced In Section 3(A) above of at a different address If I am given a notice of den diflennt addroaa a OBLIGATIONS OF PERSONS UNDER THIS NOTE N mare am ne I , i m signs this Note, each person is fogy and personally obIWW to keep all of the prortrfses made In aids Note. kndWhrg We pmrahs to pry she full mount owed Any penort who is a guearaor, &My or wndoser of this Nate is also oblWed to do dose d*W. Any person who takes over these obllpdors. Including the obilptions or a guawfdot. away or ertdaa 1 of eha Now. Is dso abNgaud to )tap all of the pro tbas made In this Note. The Nate Holder may esrforea its dgtds under this Now against each person I dividustly or against all or us tageder. Toils means that any ate or is may be mphM lo pay all of the ammmts owed wndar thin Note. a WAIVERS I and airy odor person who has obliptiora under olds Note waive the righa of pnaentment and Notice of Dishonor. 'Pfesnumen' mum the right to require de Note Holder to demand payment of amounts doe. 'Notice of dishonor' means the right to require the Nose Holder to give notice to od w persons that amounts due have sot been paid. i. rRJafMVAN1A rnOtD RA7$ N07a--strbe ?w?n?.-.yotlrtJ Ltq . rll[C01/LletCa 301111CEt1eC • rrerr.wareosq (Arr2dJer l T.oernerals-MO U10sTm n 1 V r r I& SECURED NOTE In addition m the prateatom given to the Note Holder under thus Not. t MaWge, Deed of Tnat, or Seourhty Dad (the 'Security Laieo me), dated the sane date as this Nate, protean the Noe Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Sewrlty Insmumau describes how and under what conditions I may be required to make tavnedlste payment In fug of all atotans I owe under this Noes Some of those cwdldm are described as follows: 11 all or nay part of the hop" or any Inert In the Prapaq Is sold or trmafetted (or If Borrower is not a natural petsm and a bm &W Inarat o Borrower is sold or traafenre4 vAdnout Lender's prior when consent. Lender may r quite I nmadiaw payment In tug of all mm searW by this Security In o wnetu. However. this optim sWU not be autubW by Larder if such ammise is prohibiled by Apphnbb Law. U Lender naoaretses this option. Lader shall give Borrower notice of a mduadm The notice shall provide a period of not less don 30 days tram the date the notice Is given In accordance with Sulam 14 waft which Borrower must pry all aura neared by this Security Irtwrttea It Borrower falls to pay these sums prior m the ettp4atlon of this period. Lender may iftvatG! any mnedies pers9teed by this Security loprursrctt wow father ! notice or demand on Borrower. i Borrower has exerted and acknowledges receipt of pages i dmwgh 3 of this Nole WIMESS HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ? I (SOMI) • -Deno.. .mmm.n -P4 r-9 -am.- Ba.o.er (sew -Dm„oer (SeaO -emrower lV OvAll 0*1 ? r PtD8=LVMOA MM AM Na -slime Fury-seeead y Um M CORWLVM!Scum ,or.• aaraRMOa our nawuasat? 91810 sotyryrml w our. ac++aawcau n?nawt.ua I ; [.oar Numbs 601513 RIDER TO BALLDM NOTE THIS BALLOON NOTE RIDER Is made this VZVA06d is iocapotwed into and dull be deemed to Wpplemeal the Borrower's Balloon Now [the'Nota'j of dm two date given by On und«siped (the "Borrower) to Taylor, Ban 3 WhkWw Morlpage corp. [the "Ladcrl and covering the property looted u- 120 Lobo Road. Carlialo, PA 17013 THETFRM OF THE LOAN LS teens Yon. AS A RESMT. YOU WILL BE REQU0tEDTIO REPAY THE EbMREPRWCIPALBAIANCEANDANYACCRLEDiNTMWTHENOWINO 11101iftaYesre FROM THE DATE ON WFBLTI THE LOAN 5 MADE THE LENDER HAS NO OBLIGATION TO REFINANCE THIS LOAN AT THE END OF ITS TERM. THEREFORE, YOU MAY BE REQUIRED TO REPAY THE LOAN OUT OF ASSETS YOU OWN OR YOU MAY HAVE TO FIND ANOTHER LENDER WILLING TO REFINANCE THE LOAN. ASSUMINGTHtS LDNMORANWHERl.ENMRSF0tA1NMTHISLOANATMATURITY.YOU WILL PROBABLY BECHARGED INIPRESTAT MARKET RATES PRSVALM ATTHAT•RME AND SUCH RATES MAY BE HKRIER THAN THE INTEREST RATE PAID ON 7M IRAN. YOU MAY ALSO HAYE TO PAY SOIWEOR ALL OFTHE CLOGDOO QOSIS NORMALLY ASSOCIATED WrIH ANEW MORTCAGELOAN. [ Borrower adrAOwledja that the eodw principal hdmcs of the tom will not be fully repaid by the regular monthly psynewa due under to None and tau at mNwity. a fwd Paymem, 005=* larger dun tle regular monthly peymmts, mug be made. The Lender may coosids as spptiaGon to refnsace the unpaid peieeipal of the Loan d anytime prior to maturity, be such m WpGcW= will be treated Kb my odw new low applutim The Boaowa any have Vic option to re6anee the Lan at nus uity under tams thea offered by the Leader it the, Letitia is salt adgiaming mortgage boos and if ft fdlowhtg pmvWoas are folly and and sdidimt Borrower roust auks wriltes application to tandem relleaatoe the Lou no Usertluw aiaty (9p) days prior to maturity. Tie opplitapos root be an the taro Ibsn approved forms by the Leader and eomplaed to all rapers. The Borrower nag eaause audr other daumema n larder droll regale sopmem sod rndawrite Iko bun eppkwim rtttdtulias, bat nor by way er Simitatia>, requew farrekaae of?aedh anrd eanployraeml nforntatioa sad /eposit vgi6atioa. CH) Botmwa due psy Leach's loo appiiotim fa than in affect for the Iam program applied for. n well as LoWeA eat for credit opens. Wismirals tied other com and fern then in effwL Sadh feea dull be paid at iiwe orspplicatioe. (Iii) At tba Goa ofappOntios. Bwowa mot love IWOllad all pwmisa made by Honorer ender the Noes and aura continuo to fulfill aaeb pranba throusb the time ofdosing to mruaaee the l.an. (iv) Borrows shall be eadded tomfimmoe only the principal bahwx orte Lase which is oaawndiriS m maturity. No now or additiaud Ands will he advanced I (v) 1Bormwees ereiK financial atwn, emplaymad himM and value ofdm security most all sdisfy I eeddi raphiremertla km the time of m ikwiom trough dosiosof the ref rumce. The opiaiom of to Leads shall be comelutlve and binding (vi) Notting hereW shah be sites eomtmod or iataproW to arse m obiigmioo or Lards to provide a new lam if to Borrower doer not folly sat* On sforententiored rcgnircrATAL WITNESS 1ANDSFAL(S)OFTHEUND NED. [SEAL) [SEAL) ft, -Y [SEAL) (SEAL) (Sigeh t 4ow ody) 00099LO Loan Number 001013 BALLOON RIDER TM BALLOON RIDER is mada g/2y100dmd is incotpaated into ad shall be deemed to amend aril sttppkraatt the Mortgage. Dead of Tnrrt or Deed to Sea Debt (the "Seaurity besbume"J ordw um disc given by the wwde sigoed (dte'Barowal to Teylor. Own & WhftW*r lbLIrJlLeader'J and covering The property located at 120 Lebo Rod, Cttrlfdo, PA 17013 710 IBM OFTHELOMN 9 1?0 IMN YPAM ASA PJMLT YOU WILLIE REWRM ; l 7ORBL'AYIMRMMMMrALBALA=ANDAWAOCRAJ MKfLTRWTHIN f OWMP&MVisrsFROM7UEDATEONWM01THEWANtSM M l TWLAMER HAS NOOKWAMONTO AMMANQETHIS LUMATIM ENPOrM TII MWWMK YOUMAYLIBREQUHtF 70RVAYTM DANOVrORAi+ M YOU OWNORYOUMAYHAVE TO FMANOrI MLEh MWI M-tOMMANCE 7111E LOAK ASRWAUCTHISI.F MORANOTHERLI16MRIGLNAMMTHISLOANAT MAnM Y,YOUWRL1Mi0B MYKCHAAC/aECUJWATkLUKKfRAME POIVARMATMUATTBIdANPSUCHRAMMAYBBHKMM UA'IN7UEBIrrFRM RAMPAIDONTIMLOAN. YOU MAYALSOHAVE70PAYSOMEORALLOFTHE G1.OBMCOM MIRMALLYASSOCIATED W17UA NEW MORrGAGELOAM i Borrower ncknorrlabon nisi dw entire pr' h bnlma of the loan will ax be Mlly repaid by the regulsrmomAly psytaasb doe ruder tlw Noce sad that r aurturily. a titmi paymam, sigaifiaatly larger tlwrt tlw regalia mtndtly payantata, trsrat bat trails 71w Larder may consider an applieatiott * rerwenee the unpaid principal of the Lone at anytime prior w maturity. but such an application will be treated lilac my other new Ism application. i 1 The Borrower may have On option a allome the Lou M maturity under wwa Ow ofraed by the Lender Ifthe Lesderis still origieatingnwtpp loon and ifdw following provisioaasm fully met and sadsf ed: () Borrower moo mom wtitsen sppBntisn to L Loft to td6wnce dw Losmac tier Ihm ninety (90) days pdar to maturity. The application tams be an the form t1s a approved for use by the Lender MWo0wpkWindlre1pMiTheBorrowermsetencoresuchotherdow 1 -in Lndw skill mgoim topmcas and andarwriwtbe lain appBtatioa inclWkg, bar trot by way of Imitation.t+equreats for ur:leax of nadir and eetploymeat isfonmatioa sail dspoeit varifiadon (ill Bommer dwil pay Leader's loan sppBation fee dta is efkot for the lam program applied for, a well an Lender's coat for credit reports, appnials and other coast and fen then in elect. Such ka stall be paid at time of application. CO-) At der time of application, narrower most Ism Willed all proariao made by Bauowcr under the Not tad milt continue to Ad rid such peanises through the time ofdaing to refwance the Lana. (iv) Bummer slall be catided a a t once only the principal bahtta or do Lam which is outstao ft at nuatrity. No new or addhio al Halo will be advanced. (v) Barowtir's credit, flamed stata cuWlayawat bistory and valwt of the seamey must all natty Leader's roquittaterttr Dom the time of application Huouglt clooiog of the adirs nce. The opinion of the L ende shall be conclusive and blading. (vi) Nothing , ahheerei?n AMI be eidm construed or iro rpnded to erne an obligation ofLesder w ptov!?r^YP1 lino ads Bonawr does ant filly ratisly the aforementioned requitartnus WtTMl? AMSIA[.(S)OpTMUCEIVOMEM O. Rtkhw _ _ /? [SEAL] COXV-0 r ISpm Above This Line Far [taordkg Deal 100029500006015139 MORTGAGE (Secondary Lien) DEMITIONS • Words used in multiple sections of this document are dented below and other words are defined in Sections 3,10.12.17.19. and 20. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument" means this document. which Is dated August 23, 2004 together with all Riders to this document. (B) "Borrower" is Jonathan G. Ritchey and Sherri M. Ritchey Borrower is the mortgagor under thus Security Instrument (C) "Lender" B Taylor, Bean 6 Whitaker Mortpaga Corp. Lender Is a a Florida Corporation organized and existing under the laws of Florida . Lender's address is 1417 North Magnolia Ave, Ocala, FL 34475 Lender is the mortgagee under this Security Instrument (D) "Note" means the promissory note signed by Borrower and dated August 23,2W4 The Note states that Borrower owes L'ender Twwtty Savors Thousand Eight Hundred and no1100 Dollars (US. 527,800.00 ) plus interest. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt in full not later than September 01, 2010 . . (E) "Property" meant the property that is. described below under the heading 'Transfer of Rights in the Property.' OF) "Loan" means the debt evidenced by the Nate. piers interest, any prepayment charges and late charges due trader the Note, If allowed under Applicable Law, and all sums due under this Security hm urront, plus interest. PENNSYLVANIA- %gk Faeotiy-Seeendary Lien TW CoMPUAN" SOURCE, W- • ITEU rue><1 past (Pigs l of 11 PVW *024196601513* '02419601 513* GREATMND ¦ Te O.WrCW14D4S1&1M 1Fw614HU11a1 EXHIBIT ? 0 0 (G) "Riders" means all Riders to this Security Instrument that am executed by Borrower. Thee following Riders are to be executed by Borrower Icheck box as applicable]: U Adjustable Rate Rider L Condominium Rider J Second Home Rider U Balloon Rider L Planned Unit Development Rider J Biweekly Payment Rider Ll Home Improvement Rider L. Revocable Trust Rider U Other(s) [specify) 90 "Applicable law" means all controlling applicable federal. state and local statutes, regulatlons, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fiaal, non-appealable judicial opinlo s, 0) "Ca newdoy Association Dues, Fees. and Ate" means all dues, fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar organisation. (n "Elettrook Funds T ansfer* mews any transfer of funds. other than a transaction originated by check draft, or similar paper Instrument, which Is Initiated through an electronic terminal, telephonic Instrument. computer. or magnetic tape so as to order, Instruct, or authorize a financial Insdurtiort to debit or credit an accouim Such term includes, but is not limited to, point-of-sale trar?sfers, automated teller machine transactions, transfers initiated by telephom wire transfers, and automated clearinghouse mdem (K) "Escrow Items' means those Items that are described in Section 3. (L) "Misotllanetrus Proceeds" means any compensation. settlement, award of damages, or proceeds paid by any third party (other than Insurance proceeds paid under the coverages described in Section 5) for. (0 damage to, or destruction of, the Property, (ii) condemnation or other taking of all or any part of the Property; (Ili) convryance in lieu of condemnation: or (iv) misrepresentation of, or omissions as to. the value and/or condition of the Property. (t?4) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (11) arty amounts under Section 3 of this Security Instrument (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its Implementing regulation, Regulation X (24 C.F.R. Part 3500). as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this PENNSYLVANIA--%Uyk Famlty-Sw"dary Lim THE C&APLOAM SOURCE. INC. n cREMAwo a ITEMT4661703DO (PagetcrlIp&SW Ta OMrfa!7?667I66767 1fm:816.761 M 0 6 Security Insttuaw t. "RESPA" refers to all requirements and restrictions that are Imposed In regard to a "federally related mortgage loan even if the Loan does not qualify as a "federally related mortgage loan' under RESPA. (p) "Successor In Interest of Sorsuwer" means any party that has taken title to the Property. whether or not that party has assumed Borrower's obligations under the Note and/or this Security Irawmem. i TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (hi) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage. grant and convey to Lender the folkiwing described property located In the County [Type of Rem efe` JuHWI tbnl of Cumberland 114me orlteewd gJuruktlml Tax Pared ID No.: NA SEE ATCACHED which currently has the address of 120 Lobo Road M-I Ca *lisle . Pennsylvania 17jp 17 X31 ('Property Address"): TOGETHER WITH all die Improvernents now or hereafter erected on the property, and all easements. apptatenances. and fixtures now or hereafter a part of the property. All replacements and addolons shall also be covered by this Security Instrument. All of the foregoing Is referred to in this Security Instrument as the'Pmperty." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. sub,)ect to any encumbrances of record. PENNSYLVANU--Sb*e F.may-Se wWwy lice TM COMPLM M SOURM INC. • rteurua?34MM (Peae3o(ntpese,W r.t?e.e uoasssars 11?mAiul i THIS SECURITY RCMUMENTcontk es uniform covenants for national use and non-uniform covenants with limited variations by jla itdkxiat to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: L Payment of Pr[ru lpal, hKerest and Other Charges. Borrower shall pay when due the principal of. and Interest on. the debt evidenced by the Note and if allowable under Applicable Law, any prepayment charges and late charges due under the Note. Payments due under the Note and this Security Instrument shall be made in U.S, currency. However. If any check or other Instrument received by Lender as payment under the Note or this Security Instrument Is returned to Lender unpaid. Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made In one or more of the following Forms, w selected by Lender: (a) rash: (b) money order. (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency. Instrumentality. or entity; or (d) Electronic Funds Transfer. Z App>katioa of Payment or Proceeds. Payments are deemed received by Lender when received at the location designated In the Note or at such other location as may be designated by Lender in accordance with the notice provisions In Section 14 or in such mtaniner or location as required under Applicable Law. Except as otherwise described In this Section z. and as permitted under Applicable Law. all payments accepted and applied by Lade shall be applied in the following order of priority (a) Interest due under the Note: (b) principal due under the Note: (c) amounts due under Section 3. Such paym m shall be applied to each Periodic Payment In the order in which it became due. Any remaining amounts shall be applied fh7t to late oranges, second to any other amounts due under this Security Instrumlet, and then to reduce the principal balance of the Note. If Lender receives a payment fmm Borrower for a delhq mmt Periodic Payment which includes a sufficient amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if. and to the sextet that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic u Payments, such e=ess may be applied to _any late charges due. To the extent permitted by Applicable Law. voluntary prepayments shall be applied first to any prepayment changes and then as described in the Now. Any application of payments, Insurance proceeds, or Miscellaneous Proems to principal due under the Note shall not extend or postpone the due date. or change the amount, of the Periodic Payments. 3. Funds for Esa w Items. Subject to Applicable Law. Borrower shall pay to Lander on the day Periodic Payments ate dire under the Note. until the Note is paid in full. a sum (the 'Funds') to provide for payment of amounts due for (a) tam and assessments and other items which can attain peim* over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rends on the property, if any: (c) premiums for any and all Insurance required by Lender under Section 5: and (cl) Mortgage Insurance premiums, if any. or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums. Those Items are called "Escrow Item" At origination or at any time during the term of the Loan. Lender may regain that Community Association Dues. Fees. and Assessments. if any, be escrowed by Borrower, and such dues. fees and assessments shall be an Escrow ItemL BorrvAw shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender walves Brower's obligation to pay the Funds for may or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be In writing. In the event of such waiver. Borrower shall pay directly. When and where payable, the amounts due for arty Escrow Items for whkdr payment of Funds has been waived by Lender and. If Larder requires. shall PENMYLVANIA- Ugle FamMy--SKuWavy icier THE COMPLIANCE SOU1tMMC. 6 GREQTLAW 0 1TEM 74634 M304) (PAP 4 Of it peg) TOeb1b tilt 14M5304KW 1 fw, 8116M.11r1 0 0 furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase -covenant and agreement" Is used in Section & If Borrower Is obligated to pay Escrow items directly. pursuant to a waiver. and Harrower fails to pay the amount due for an Escrow Item, Lender may exercise Its rights under Section 8 and pay such arnount and Borrower stall then be obligated under Section 8 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow lberns at any time by a notice given In accordance with Section l4 and, upon such revocation. Borrower shall pay to Lender all Furls. and in such amounts. tint are then required under this Section 3. Lender may. at any time, collect and hold Furls in an atrourrt (a) sufficient to permit Lender to apply the t Funds at the time specified under RESPA, and (b) not to exceed the nardmum amount a lender an require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Esnznw:ltems or otherwise In accordance with Applicable Law. The Reds shall be held in an institution whose deposits are insured by a federal agency. inch anrertality. or euiry (including Lender, if Lender Is an Institution whose deposits are so hwrred) or in any Federal Home Loan Bank. Lacier shall apply the Funds to pay the Escrow hems no later than the time spedfied under RESPA. Lender stall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verlfybg the Escrow Items, unless Lender pays Borrower interest an the Furls and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires lWexest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree In writing. however. that Interest shall be paid an the Funds. Lander shall give to Borrower. without charge, an annual accounting of the funds as required by RESPA. If there Is a surplus of Furls held in escrow, as defined under RESRk Lender shall account to Borrower for the excess funds in accordance with RESPA. If Om Is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make try the shortage in accordance with RESPA, but In no more than 12 monthly payments. If there Is a deficiency of Funds held fit escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA. W Borrower shall pay to Leader the amount necessary to make up the deficiency in accordance with RFSPA, but in no more than 12 monthly payments. Upon payment in full of all stuns seared by this Security Instrument Lender snail promptly refund to Borrower any Funds held by Lender . Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the taker of a prior mortgage or deed of trust if such holder Is an institutional lender. If under Section 21 the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply no latex than irmnedlately prior to the sale of the Property or Ks acqutsttlon by Leander, any Furls held by Lender at the time of application as a credit against the sums secured by this Security Instrument 4. Charges: I.fens. Borrower stall perform all of Borrower's obligations under any mortgage, deed of trust, or other security agreement with a lien which has priorlty over this Security Instrument. Borrower shall pay when due, all taxes, assessments, charges. Etna. arxl Impositions attributable to the Property which can attain priority over this Security Instrument leasehold payments or ground rents on the Property. if any, and Community Association Dues, Fees. and Assessments, if any. To the extent that these Item: are Escrow Items. Borrower shall pay them in the nanner provided in Section 3. Borrower shall promptly discharge any lien other can a lien disclosed to Leader in Borrower's application or In any title report Lefler obtained which has priority over this Security InI trument unless Borrower. W agrees bid only so long as B writing the parpayment or the fottning n obligation (b) contests dw Ilen lien In ee g der raith byor defends plr enforcement PENNSYLVANIA-- ilte Famay-Secondary Lies THE CoMPtJY1 M SOURCE. BIC. • GaEATLMW ¦ ITEM 74MIA fMO (Pasesallpelar) 7001dwcath-619-Sl OM lrueirb'/!h•ht31 of the lien In. legal proceedings which In Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are eoncitded: or (c) secures from the holier of the lien an agreement satisfactory to Lender subordkadng the lien to this Security Instr ur>ertt. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan if allowed under Applicable Law. 5. Property Insurance. Borrower shall keep the improvements now wdsling or hereafter erected on the Property Insured against loss by fire. hazards included within the term 'extended coverage," and any other hazards including. but not limited to. earthquakes and floods, for which Lender requires Insurance. This Insurance shall be maintained in the amounts (including deductible levels) and for the periods that Leader requires. What Lender requires pursuant to the prang sentences can change during the tens of the LAan. The lnsurance carrier providing the insurance shall be chosen by. Borrower subject to Lender's right to disapprove Borrower's choke, which Tight shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loath, either. (a) a onetime charge for flood zone determination. certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect.such determination or certification Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender Is under no obilgadon to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender. but might or might not protect Borrower. Borrower's equity In the Property. or the contents of the Property, against any risk. hazard or liability end might provide greater or lesser coverage than was previously In effect. Borrower acknowledges that the cost of the bouts= coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section 5, shall be added to the unpaid balance of the ban and interest shall accrue at the Note rate, from the time it was added to the unpaid balance until It is paid In full. Subject to Applicable Law, all insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to dhapprove such pokles, shall include a standard mortgage clause, end shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requites. Borrower shall promptly give to Lender all receipts of paid premiums and renewal noftes. If Borrower obtains any form of insurance coverage, not otherwise required by Lender. for damage to. or destruction of, the Properly. such policy shall include a standard mortgage clause and shall nacre Lender as motg m and/or as ari additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carder and Lender. Lender may make proof of loss If not shade promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. any insurance proceeds, whether or not the underlying Insurance was required by Lender. shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period Leader shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the wort has been completed to Lender's satisfaction, provided that such Inspection shall be 'undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work Is completed. Unless an agreement is made In writing or Applicable Law requires Interest to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or PENNSYLVANIA-Single Famny-SecowdWry I.Am THE CO¦RKNCE SOURCE INC. • c¦IAtwo ¦ 1rEFrr4sx54M" (Povaofllpaww 7sOftCP0:14roasn9m IF=MG-M-1131 0 0 earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shalt not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any. paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. . if Borrower abandons the Pro", Lender may file. negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance cu. la has offered to settle a claim then Lender may negotiate and settle the claim: The 30-day period will begin when the notice is given. In either event, at if Lender acquires the Property under Section 21 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all huurance policies covering the Property. Insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the property or to pay amounts unpaid under the Note or this Security Instrument whether or not then due. & Preservation, Maiatetance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration Is not economirmlly feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If Insurance or condemnation proceeds are paid in connection with damage to. or the talft of. the Property. Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is comph:led. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower Is not relieved of Bom mer's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cow, Lender may Inspect the interior of the Improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 7. Borrower's Loan Application Borrower shall be in default if, during the Loan application process, Boraver or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or oarhsenx gave materially false, misleading, or inaccurate Wormation or statements io Lender (or fatted to provide Lender with material informadW in connection with the Loan Material representations include but arc not limbed to, representations cmceming Borrower's occupancy of the Property as Borrower's principal residence. & Protection of Lender's Interest In the Property and Rights Under this Security Instrument. if (a) Borrower fails to peemm the covenants and agree rents contained In this Security Instrument. (b) time is a legal proceeding that might slgnif cantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which has or may attain priority over this Security Instrument or to enforce laws or regulations). or (c) Borrower has abandoned the Property. then Lender may do and pay for whatever is reasonable or appropriate to protect Lenders interest in the Property and rights under this Security Instrument. including protecting and/or assessing the value of the Property. and securing and/or repairing the Property. Lender's actions can Include, but are not limited to: (a) paying any sum secured by a lien which has or may attain prlorhy over this Security Instrument; (b) appearing in court: and (c) paying reasonable attorneys' fees PPrtntsn vANIA-.Stele Family-S--d=7 Lien THE.CWPUAMCr SOURCE, arc. c cRCAnAMD • errurrerL?prawn Mtp7ofrip gq raor,eu»oe>_ WW" IF, 61`7.1.1131 0 to protect Its Interest In the Property andlor rights under this Security Instrument, Including its secured position in a bankruptcy proceeding. Securing the Property inchtdes, but is not limited to. entering the Property to make repairs. change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 8. Lender does not have to do so and Is not under any dory or obligation to do so, It Is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section B. Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower secured by this Security Instrument if allowed under Applicable Law.'ILese amounts shag bear Interest at the Note rate from the dale of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lase. 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. 9. Mor %W Insrtraece. Mtrrtgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may Incur if Borrower does not repay the Loan as agreed. Bormwer is not a party to the Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the pre mums required to maintain the Mortgage Insurance in effect. tO. Assignment of Miscellaneous Proceeds; For kiture. The Miscellaneous Proceeds of arty award or claim for damages. direct or consequential, In connection with any, condemnation or other taking of the Property, " part thereof: or for conveyance In lieu of cortdetnrwtim 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 Security Instrument. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically ftrasibie and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds unill Lender has had an opportunity to Inspect such Property to encore the work has been completed to Leader's satisfaction, provided that such Inspection shall be uoderteken Ply- Lender may pay for the repairs and restocationt in a single dsbursww t or in a series of progress payments as the work Is completed. Unless an agreement is Made in writing or Applicable Law requires Werest to be paid on such Miscellaneous Proceeds. Lender shall nor be required to pay Borrower any Interest or earrings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the surm secured by this Security lrstrurreent. whedler or not then due. with the excess, if any. paid to Borrower. Such Miscdlwmm Proceeds shall be applied in the order provided for In Section 2. If the Pmpetty Is abandoned by Borrower, or K. after notice by Lender to Borrower that the Opposing Party (as defined in the next sensence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice Is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Scarcity Instrument, whether or not then okra. 'Opposing Parry' means the third party that awes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action-in regard to Miscellaneous Proceeds. Borrower shall be In default if any action or proceeding, whetter civil or criminal, is begun that, to Lender's Judgment, could result in forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security lesstrrrment. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided In Section 18, by causing the action or proceeding to be PENNSYLVANIA--SIn& Frnfty-Seemmiuy Lien THE COWUMOCE SOIINCE. 1W_ a CHWATLJWD a 1rEM-r4KXAM3" #hV8orr4pmXW TDCM*CWL14 4311.90 rra:416-M-1131 0 0 dismissed with a ruling that, in Lender's Judgment. precludes forfeiture of the Property or other material impairment of Leaders interest In the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that ate attributable to the impairment of Lender's Interest In the Property are hereby assigned and stall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied In the order provided for in Section 2. 11. Borrower Not Released: Farbearance By Lender Not a Walwr. Extension of the time for payment or modification of amortbation of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Suocessor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sutras secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower Any Forbearance by Lender in exercising any right or remedy Including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of ! Borrower or in amounts less than the amount that due, shall not be a waiver of or preclude the exercise of any right or remedy. 12. ,joint aced Several Liability; Co,41gi ors: Successors read An4p Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However. any Borrower who c"Igns this Security Irsbvnxmt but does not execute the Note (a 'msignerl: (a) Is co-signing this Security Instrument only to mortgage, grant and convey the cosigner's Interest In the Property udder the terms of this Security Instrument: (b) Is not personally obligated to pay the suers secured by this Security Instrument: and (c) agrees that Larder and any order Borrower can agree to extend. modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without the co-signers consent. Subject to the provisions of Section 17. any Successor in Interest of Borrower who assume Borrower's obligations under this Seauity Instruument in writing, and is approved by Lender. shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release In writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 1S) and benefit the successors and assigns of Lender. 13. Loan Charges. Lender may charge Borrower Fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument. as allowed under Applicable Law. The absence of expres3 authority In this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law Is finally Interpreted so that the Interest or other loan charges collected or to be collected In connection with the Loan exceed the permitted limits, then: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this re hmd by reducing the principal owed under the Note or by matting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment 14. Notices. All notices given by Borrower or Lender in connection with this Security Instrument roust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice PENNSYLVANIA-S ftb Fanny-Seaadary iJW THE COMPLW CE Soea+eE u% • ITOA T449" OM) (P?ge 9 of 1 e' pages) rsOraa eyes: e-ao0.exailu irC i »tO a i address If sent by other rneans. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address If lender specifies a procedure for reporting Borrower's change of address. then Borrower shall only report a change of address through that specified procedwe. 71me may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Leader has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Leader. If any notice required by this Security Instrument is also required under Applicable Law. the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 15. Governing Law; SevwabMq: Rates of Coestructba This Security Instrument shall be governed by federal law and the law of the, jurisdiction in which the Property is located. All rights and obligations contained In this Security Instrument are subject to any requuintments and limitations of Applicable law. Applicable Law might explicitly or implicitly allow the parties to agree by carraact or it might be silent, but such ' silence shall not be construed as a Ouldbidon against aRremeent by contract. In the event that any provision or clause of this Setxaity Instrument or ire Note tartflicts with Applicable lave, such conflict srbali not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gander. (b) words le the singular shall mean and Inchtde the plural and via versa; and (c) the word 'ray' gives sole discretion without any obligation to take any action. 16. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 17. Transfer of the Property or- a Beneficial Interest in Borrewer. As used in this Section 17. 'Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial Intenests transferred in a bond for deed. contract for deed. Irslsllmarrt sales contract or escrow agreement. the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any pain of the Property or any Interest In the Property is sold or transte red (or if Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without tender's prior written consent. Lender my require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall net be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Time notice shall provide a period of not less than 30 days from the date the notice is given in acembm with Section 14 within which Borrower must pay all suns secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this permed. Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Rigk to Rdastate After Acoderatlem. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time pricer to the earliest ' of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; ! (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all suns which then would be due under Oft Secmriry Irwrurnent and the Now as if no acceleration had occurred; (b) cures airy default of any other covenants or agreements; (c) pays all exposes Incurred in enforcing this Security Itswment. as allowed under Applicable taw; and (d) takes such action as Lender may reasonably ' require to assure that Leader's interest in the Property and rights trader this security instrument, and Borrower's PENNSYLVANIA-51ngie F61roty-swwk ery tae THE COI APALWCE SOURCE WC. • ITEM T466XIDOWq (P*V 1O err J 4 P186J Te perGe l?Op3?fa6T 1 r611 Wes-.1111 obligation to pay the sums secured by this Security Immunent, shall continue unchanged. Lender may teWire that Borrower pay such reirAmement suns and expenses in one or more of the fdkwMg toms, as selected by Lander: (a) cash; (b) money order (c) certified check, bank check. treasurer's check or cashier's check provided any such check is drawn upon an Institution whose deposits are Insured by a federal agency, inarunnsitality or ertity: or (d) Electronic Funds Transfer. Upon rdnsmemm by Banower. this Security hwnrnest and obligations secured hereby shall remain fully, effecttm as if no acceleration had occurred. However. this right io reinstate shall not apply in the can of acceleration under Section 17. 19. Sale of Nort: Chmp of Last Services; Notice of Grkvanee. The Note or a partial interest in the Note (together with this Security Insau rent) an be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (kmown as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note. this Security Instrument. and Applicable Law. There also might be one or more changes of the Lary Servicer unrelated to a sale of the Note. If there Is a change of the Leon Servker, if required under Applicable Law. Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other Information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage ban servicing obligations to Borrower will remain with the Loan Servieer or be transferred to a successor Loan Servtcer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence. Jolm or be joined to any Judicial action (as either an ' individual litigant or the member of a rdass) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of. or any duty owed by reason of, this Security Ismument. until such Borrower or Lender has notified the other party (with such notice given In compliance with the regcdrwrhenns of Section 14) of such alleged breach and afforded the other parry hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken. that time period will be deemed to be reasonable for purposes of this section. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. . 20. Hazardous Substmaoes. As used In this Section 20: (a) 'Hazardous Substances" are those substances i defined as toxic or hazardous substances. pollutants, or wastes by Environmental Law and the following substances: gasoline. kerosene, other flamrnable or twdc petroleum products, toxic pesticides and herbicides. volatile solvents, materiels eontainling asbestos or fbmaidehyde. and radioactive nhateiials. (b) 'Envlronm?l ' Law" means federal laws and laws of the)nisdicuon where the Property is located that relate to health, safety or environmental protection: (c) "Environmental Clewup includes any response action. remedial acdM or removal action, as defined In Environmental Law: and (d) an 'EmBonmettai Condition' rrleans a condition that can cause, conbtx to to. or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shad not do, nor allow anyone else to do, anything affecting the Property (a) that Is In violation of any Environmental Law. (b) which creates an Fttvironmental Condition, or (c) which, due to the presence. use, or release of a Hazardous Substance, dates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous I PENNSYLVANIA-Single F=*y-3=wdM Lice TW COMMIANCE SOURCE, IRC. o rrvu T4"X11 OM4) lpaee 11 of 14 C?IIEW.1 • were!! TonrarGelaho-sharan Ir«slr711m•n31 • • Substances that are generally recognized to be appropriate to normal residential uses and b maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any Investigation. claim. dernand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Envirotrnental Law of which Borrower has actual knowledge. (b) any Envirocoverual Condition. Including but not limited to. arty spilling. le kh% discharge. release or threat of release of any Hazudous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property Is necessary. Borrower shell promptly take all necessary remedial actions in accordance with Emdrenmemtal Law. )Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrow and Lender Portlier covenant and agree as follows: 21. Acceleration; Remedies. Leodv shall give notice to Borrower prior to ameieration fallowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 17 unless Applicable Law provides otherwise). Lesnder shall notify Borrower of, among other things: (a) the default; (b) the action regrired to cure the default; (c) who the default mat be tuned; and (d) that failure to are the default as specified may result in acceleration of the am scared by this Security bub mtent, foreclosure by Judicial proceeding and sale of the Property. Lender shall ftorther inform Bwrower of the right to rdmtaate oiler acceleration and the right to assert In the. foxed con proceeding the tern-odstenee of a default or any other defense of Borreteer to acceleration and foreclosure. U the default Is not cared as speclBed, Leader at Its option may require immediate payment In fidl of all sums sectored by tbb Security lnst umertt without further denard and may foreclose this Security Instrument by,judicW proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the rarnea bee provided In this Section 21, including, but not limited to attorneys' fella and casts of title widow to the extent pwoolned by Applicable Law, 22. Release. Upon payment of all sums seared by this Security Instrumen4 this Security Instrument and the estate conveyed shall terminate and became void. After such occurrence. Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but ordy if the fee is paid to a third party for services rendered and the dmglq of the fee Is permitted trader Applicable Law. 23. WaakwL Borrower. to the extent permitted by Applicable Law. waives and releases any error or defects in proceedings to enforce this Security InstrumAnt, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commit of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purshne Money Mortgage: If any of the debt secured by this Security Imtrvment is lent to Borrower to acquire title to the Progeny, this Security Instrument shall be a purchase money mortgage. 28. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a,ludgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PEmNMUNIA-Single Fuday--Secondary Lkn 7ME COMPUANCE SOURCE. W- o Tumr4"lam" (Papa12of 14payW Haertet1-1W43Dron iri?n i • State of Pennsylvania County of Cumberland ` a On this the A 3k day of before me. the undersig ;? , personally appeared Jonathan G. Ritchey SLM-;--,0 m•! S r k I w known to me (or satisfactorily proved) to be the person(s) whose name(s) &A-R- subscribed to the within instr anent and acknowledged that a executed the same for the purposes therein contained. IN WITNESS WHEREOF. I heteunto set my hand and official seal. _ Notaft SON Gtende M. W hnyt? Notq Pudic iiil solo. Gmdek„d CWV MY C W iWon Expires ow. 27, 2006 Mrrloer. PWft*' * Assod-lb017 Or NoWeas After Recording Return To: TRI COUNTY ABSTRACT 3414 CHESTNUT STREET CAMP HILL , PA 17011 My commission expires: kjA,A-.-..+ Tate or Ofneer CERTIFICATE OF RESIDENCE 1. Lori Cassidy do hereby certify that the correct address of within named lender is 1417 North Magnolia Ave, Ocsla, FL 34475 L Witness my hand this a? day of ' k Lori Cassidy Apo er [:elder PENNSYLVANIA-S ftk Pa diy-sewwwy Lks THE COMKWACE sOlax:E. INC. a GREATWID ¦ ITEIMTAINA14MM (Page 1W 14 PW4 To6ArCM.14Wyrp3M lisaid.M.1111 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Bon wet and Lender request the holder of any trimpge, deed of trust or other encumbrance with a No which has pr1o ft over this Security Instrument 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. BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in pages I though this Security Instrument and in any Rider executed by Borrower and recorded with it. tehuny (5eaq (Seat} -eanow« Bm vow (Seas} -Barraww Witness-- MNNSYLVAMA-Sk* F-Wy-&- daly Lie„ 114E COMPuANCE SOURCE, wc a ITEM UNX13 (03" (Page 13 of 11 pgVpj Na •Borrowv Witness; GRE111LAND ¦ I*CdKC* 14MIZE" I lacGI&M.1131 t 0 0 October 4, 2005 Certified Mail (RRR) and Regular Mail Jonathan Ritchey 118 Virginia Ave DA o f Carlisle PA 17013 , p Re: Account No.: 0770345010 Property Address: 120 Lebo Rd, Carlisle PA 17013 Current Outstanding Balance: S27665.52 Dear Jonathan Ritchey : NOTICE OF DEFAULT Your account is in default. You have not made your payments as required by your Note or Security Agreement and the Mortgage or Deed of Trust. Refer to these documents for additional information. Citibank is providing this notice as the Lender. To cure the default, you must pay the past due amount of $740.40. We must receive your payment by November 4, 2005_(or the next business day thereafter, if November 4, 2005 is a Saturday, Sunday, or a Federal holiday). Any additional monthly payments and late charges that fall due by November 4, 2005 must also be paid to bring your account current. You must send this amount by certified funds (certified check, cashier's check, or money order) to: Citibank 1000 Technology Drive M.S. 514 O'Fallon, MO 63368-2240 Attn: Consumer Default Management If we do not receive this payment by November 4, 2005, your loan will be accelerated. This means the entire outstanding balance will be immediately due. We may also commence a foreclosure action and subsequently sell the property. Your Note or Security Agreement and Mortgage or Deed of Trust entitles us to collect any reasonable costs, such as reasonable attorney fees or other expenses, associated with the acceleration of the loan and sale of the property. You have the right to reinstate your loan after acceleration, by payment of all sums due prior to the sale of the property. You have the right to bring a court action to assert the CitiMertgage, Inc. is attempting to rolled a debt, and any information obtained will be used for that purpose. 60NOD EXHIBIT • i non-existence of a default or any other defense that you have to the acceleration of the loan or the sale of the property. Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or a tax advisor for further information. We have told a credit bureau about a late payment, missed payment, or other default on your account. This information may be reflected in your credit report. Should you want to discuss this matter with on of our representatives, please call us at 1-800-7884517. IF YOU OR SOMEONE WHO CONTRIBUTES TO YOUR INCOME HAVE EXPERIENCED AN INVOLUNTARY LOSS OR REDUCTION IN EMPLOYMENT OR EMPLOYMENT INCOME, YOU MAY BE ELIGIBLE FOR HOMEOWNERSHIP COUNSELING PROVIDED BY A NON-PROFIT ORGANIZATION APPROVED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. IF YOU WISH TO OBTAIN THE NAME OF AN APPROVED NON-PROFIT HOMEOWNERSHIP COUNSELING ORGANIZATION IN YOUR AREA, PLEASE CALL 1-888-297-8685. Sincerely, Doug Hatfield Collection Manager Consumer Default Management Toll free telephone number- 1-800-7884517* Office Hours (Central Time) Monday - Thursday 7:00 am. - 9:00 p.m. Friday 7:00 am. - 4:00 p.m. Sunday 12:00 p.m. - 9:00 p.m. * To help us ensure we provide the highest quality of customer service, both incoming and outgoing calls are randomly monitored and recorded. CitiMorteal:e, Inc. is attempting to collect a debt, and any information obtained will be used for that purpose. 60NOD I ?c ?p Verification I, lrt..5 ?-'y ?? ?S? r--L.1 in an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff, CitiMortgage, Inc., retained to perform services on its behalf. I am authorized to make this verification as attorney-in-fact for plaintiff under power of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statement made herein are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to the authorities. 1 "2-/ / L] ) C)--7 Date: Ritchey 0770345010 Stature 777 C .,. L"r' N W -^T 00 "? _ J ? Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN RITCHEY P.O. Box 162 / 44 West Main Street Plainfield PA 17081 Defendant : NO. 08-200 : CIVIL ACTION -LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & Associates, P.C. By: Br' J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-12316 o 0 g N ? C') C= -r i Gn r') SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00200 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS RITCHEY JONATHAN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RITCHEY JONATHAN but was unable to locate Him in his bailiwick. He therefore returns the r'+()nA7DT T TATrr r_ MnmT 0V NOT FOUND , as to the within named DEFENDANT , RITCHEY JONATHAN 66 WEST MAIN STREET PLAINFIELD, PA 17081 GIVEN ADDRESS IS VACANT. PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers- Docketing 18.00 Service 5.76 Not Found 5.00 R. Thom As Kline Surcharge 10.00 Sheriff of Cumberland County 00 38.76 BURTON NEIL 01/16/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00200 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS RITCHEY JONATHAN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RITCHEY JONATHAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT 66 WEST MAIN STREET , RITCHEY JONATHAN PLAINFIELD, PA 17081 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge ,q,a, ja 9.. / So answer 18.00 5.76 - f 5.00 R. Thom Kline 10.00 Sheriff of C mberland County .00 38.76 BURTON NEIL & ASSOCIATES 02/08/2008 Sworn and Subscribed to before me this day of A. D. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-200 JONATHAN RITCHEY 118 Virginia Avenue, Carlisle PA 17013 Defendant CIVIL ACTION -LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & Associates, P.C. By: V/ 141? ? - Brit J. uttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-12316 n ? ? {?y ? r?, rv c,. ? ?:i w W o ?,, ; ?_,. .?. ?"' - ?l ?? p :?? ??'3 `• '? ?? . {r7 ...,.. -? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00200 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS RITCHEY JONATHAN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RITCHEY JONATHAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT RITCHEY JONATHAN NOT FOUND , as to 66 WEST MAIN STREET PLAINFIELD, PA 17081 RESIDENT HAS BEEN THERE FOR 1.5 YEARS AND DOES NOT KNOW DRFRNnANT Sheriff's Costs: Docketing 18.00 Service 5.00 Not Found 5.00 Surcharge 10.00 .00 411p j/0,9, ?,. V 38.00 So an F. Thomas Kline f of Cumberland County LXTON NEIL & ASSOCIATES 4/03/2008 Sworn and Subscribed to before me this day of A.D. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff v. JONATHAN RITCHEY 350 West First Street Boiling Springs PA 17007 Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-200 CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & Associates, P.C. By: Brit J uttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-12316 k. L ? CO SHERIFF'S RETURN - REGULAR CASE NO: 2008-00200 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS RITCHEY JONATHAN WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE RITCHEY JONATHAN DEFENDANT was served upon the , at 1951:00 HOURS, on the 9th day of May , 2008 at 66 WEST MAIN STREET PLAINFIELD, PA 17081 by handing to WANDA SEYKER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 5.00 . 00 n Mn 10.00 R. Thomas Kline .00 33.00 05/12/2008 BURTON NEIL & AS CIATES By: 1- - day Deputy Sheriff of A. D. CITIMORTGAGE, INC. 750 Washington Blvd, 7 Flr Stamford, CT 06901 Plaintiff V. JONATHAN RITCHEY 350 West First Street Boiling Springs PA 17007 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-200 : CIVIL ACTION - LAW Praecipe for Default Judgment Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $27,666.00 $27,666.00 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NO CE GIVEN UADER PA.R.CIV.P. 236 VI/ (4L52.1?'Ijz In 4P 14, se o Proth Burton Neil & ss iates, P.C. By: Brit . Suttell, Esquire Attorney for Plaintiff I.D. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-12316 CITIMORTGAGE, INC. : IN THE COURT OF COMMON PLEAS C-12316 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-200 JONATHAN RITCHEY Defendant : CIVIL ACTION - LAW Notice of intention to File Praecipe for Default Judgment TO: Jonathan Ritchey 350 West First Street Boiling Springs PA 17007 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. 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 REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 DATE OF NOTICE: June 3, 2008 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By: Brit J. Sutt 1, Esquire Attorney for Plaintiff Identification No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (61.0)696-2120 C'S US c?? co -? Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff V. JONATHAN RITCHEY Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-200 : CIVIL ACTION -LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on 6/t4/Og rothono By: Deputy If you have any questions concerning the above, please contact: Brit J. Suttell, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. no. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-200 JONATHAN RITCHEY Defendant : CIVIL ACTION - LAW Plaintiff's Motion to Compel Plaintiff, CitiMortgage, Inc., by and through its undersigned counsel of record, Burton Neil & Associates, P.C., hereby moves this Court pursuant to Pa. R. C. P. 3117 and 4019(a)(1)(i) to compel defendant, Jonathan Ritchey, to serve answers to post judgment discovery in aid of execution and in support thereof states as follows: 1. Plaintiff's counsel served defendant with discovery in aid of execution on July 11, 2008. A copy of the discovery is attached as Exhibit A. 2. Defendant has not answered plaintiff's discovery. 3. Plaintiff's counsel attempted to confer with defendant by sending him a letter on August 22, 2008, regarding the past due discovery. 4. To date of this motion, defendant did not answer the post judgment discovery in aid of execution. WHEREFORE, plaintiff moves the Court to enter an Order compelling defendant to serve full and complete answers to the post judgment discovery in aid of execution as per the proposed Order attached. urt n Associates, P.C. Q By Bri J. Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. LAW OFFICES Burton Neil BURTON NEIL & ASSOCIATES, P.C. Edward 3. O'Brien 1060 ANDREW DRIVE, SUITE 170 Yale D. Weinstein WEST CHESTER, PENNSYLVANIA 19380 Derek C. Blasker 610-696-2120 Brit J. Suttell Facsimile 610-6964111 Neil Sarker Email: Burton.neilQaburt-law.com July 11, 2008 Jonathan Ritchey 350 West First Street Boiling Springs PA 17007 RE: CitiMortgage, Inc. v. Jonathan Ritchey Account number 0770345010 Dear Mr. Ritchey: Refer to File # C-12316 I herewith serve upon you Discovery in Aid of Execution and Certificate of Service. Very truly yours, Brit J. Suttell BJS/kh Enclosure In making this communication, we advise that this firm is a debt collector. EXHIBIT A- 1. Burton Neil & Associates, P.C. By: Brit J. Suttell ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Jonathan Ritchey 350 West First Street Boiling Springs PA 17007 CITIMORTGAGE, INC. IN THE COURT OF COMMON PLEAS Plaintiff V. : CUMBERLAND COUNTY PENNSYLVANIA JONATHAN RITCHEY NO. 08-200 Defendant : CIVIL ACTION -LAW Discovery in Aid of Execution Judgment was obtained by our above-named client against you on June 19, 2008. Plaintiff hereby serves you with written interrogatories (Part 1) and requests for production of documents (Part II). You are required to furnish written answers within thirty (30) days after service in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each interrogatories and request; attach additional pages if more space is needed for the answer. This discovery is continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire If you wish to discuss a resolution of the judgment balance, please contact my office. Our toll free number is 866-696-2120. In making this communication, we advise that our firm is a debt collector. C-12316 BJS/kh Part I - Written Interrogatories L Set forth your full name(s). 2. Is the address set forth above your current address? Yes [ ] No [ ] If the above listed address is not your current residence, where do you currently reside? 3. Do you own or rent the place where you live? Own[ ] Rent[ ] 4. If you own your residence, are you the sole owner Yes [ ] No ( ] If your answer is "No" indicate the name and address of any other owner(s). 5. What is your monthly mortgage or rental payment? $ b. If you rent, set forth the name and address of your landlord and the amount of your security deposit. Landlord's name and address Amount of security deposit ?. Are you currently employed? Yes [ ] No [ ] 8. Describe your employment and job title and indicate how long you have been with your current employer. 9. How much are you paid per week? $ Are you paid weekly [ ], bi-weekly [ ] or monthly [ ]? 10. Are you a salaried[ ] or hourly [ ] employee? If salaried, what is your annual salary? $ ; If hourly, what is your hourly rate? $ 11. Do you own any real estate other than the place where you live? Yes [ ] No [ ] 12. If your answer to the last question was "Yes," state the address of all other real estate owned by you; indicate whether the property is owned in your name alone or with any other person. 13. If the answer was "Yes," do you rent/lease this other real estate to others?Yes [ ] No [ ] If "yes", set forth the following information: Tenant/lessee Name Address Monthly Rent Rent Due Date 14. Do you have any savings accounts Yes [ ] No [ ] If so, set forth the name and address of each bank or other saving institution where you have a savings account, the account number associated with the account, and the current balance. Is each account noted above in your name alone? Yes [ ] No [ ] If the answer is "No," indicate the name of each co-owner on the account and the person's relation to you. 15. Do you have any checking accounts Yes [ ] No [ ) If so, set forth the account number, the name of the bank or other institution, its address, the amount on deposit and the date and amount of the last deposit made. Is this account in your name alone? Yes [ ] No [ ) 16. Do you own any stocks, bonds or mutual funds? Yes [ ] No [ ] IT If your answer to question 16 is "Yes," set forth the name and address of the brokerage firm or mutual fund company and attach to your answer a copy of the monthly statement for each brokerage or mutual fund account for the last day of the month preceding the date of these interrogatories. 18. Do you own any motor vehicles in your own name? Yes [ ] No [ ] Describe each vehicle owned by you indicating the model name and year, the mileage and whether there is any balance owed on the vehicle. 14. Do you have any other source of income other than your jab? Yes [ ] No [ ] If "Yes," describe the source of income and the amount received. 20. Do you own any stamp, coin or other type collectable collection? Yes [ ] No [ ] 21. Are you a member of a golf club? Yes [ ] No f ] If "Yes," state the name and address of the club and the amount of the bond you have with the club. 22. Does anybody owe you any money? Yes [ ] No [ ] If "Yes," describe the amount you are owed and the name and address of each person who owes you the money. 23. What was your gross income in 2007 $ What is your gross income this year to date?$ 24. Detail all other sources of income you receive. Part II - Requests for Production of Documents Pursuant to Pennsylvania Rules of Civil Procedure plaintiff hereby serves this request for production of documents upon defendant who is to furnish written answers within thirty (30) days and produce at the law offices of counsel for plaintiff at the address set forth above the following documents for plaintiff's inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure. It is acceptable that the answer and produced documents be copied and mailed. INSTRUCTIONS AND DEFINITIONS A. For the purpose of this Request, the word "document" means the original, all drafts thereof, and all copies of any written, printed, recorded, charted, taped, graphic or magnetic matter (including, but not limited to, video tapes, audio tapes, and computer tapes and discs), however produced, reproduced or prepared. B. This Request applies to all documents in your possession, custody or control or in the possession, custody, or control, of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, accountants and attorneys. DOCUMENT REQUESTS 1. Copies of the federal and state income tax returns filed by you, together with accompanying worksheets including W-2 forms by date; copies of federal and state income tax returns and profit and loss statements for any and all corporations, joint ventures, partnerships or other corporate or business associations in which you hold an interest for the year 2005. 2. All records indicating any and all income received by you from any and all sources from January 1, 2006 to date. 3. All employment information, including without limitation, wages, salaries, bonuses, stock options, commissions, earnings, income, employment contracts, pay raises, promotions, payroll deductions, other deductions of any kind, credit union accounts. 4. Records that relate to any secured or unsecured personal loan made by you whether to a member of your family, other individual(s) or to a business. 5. All savings account, credit union or other passbooks of yours, including those held by you in your name or in your name jointly with any other person, or entity, or in your name as trustee for any other person, from January 1, 2006 to date. 6. All checking accounts in your name individually or with another, including checkbooks or check registers, deposit slips, monthly statements for the period of six months immediately preceding the date of these requests. 7. All records pertaining to real estate in which you have acquired or may have acquired an interest, including any leases or mortgages related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by you to the acquisition of such real estate. 8. Copies of any and all brokerage account statements or securities owned by you individually or jointly with any person or entity, for the period six months prior to the date of these requests. 9. Copies of any and all securities and investments owned by you and not reflected in any brokerage account records or statements. 10. All records indicating all interest of any kind held by you in any and all corporations (foreign or domestic) or any other entities not evidenced by certificates or other instruments. 11. All records pertaining to stock options in any corporation or other entity, exercised or not yet exercised. 12. Copies of all mortgages, notes receivable or other evidence of debts due you individually, or otherwise, executed or payable from January 1, 2005 to date. 13. Copies of all financial statements, balance sheets and income statements received by you with respect to any and all proprietorships, joint ventures, partnerships, realty trusts, corporations or other legal entities in which you hold a legal or equitable ownership interest, individually or otherwise from January 1, 2005 to date. 14. All records, bills, and invoices pertaining to the expenses and gross receipts relating to the conduct of any business in which you have an interest, for the years 2005 to date, together with any supporting documents including, but not limited to, invoices, bills, receipts, checks and other accounting records dealing with your accounts payable and accounts receivable for the years in question. 15_ All insurance policies of whatever kind currently in effect and those which have been in force during the three previous years, together with any records indicating whether or not a claim has been made by you or anyone on your behalf relating to any of the policies enumerated. I certify that facts set forth in the foregoing answers to written interrogatories and requests for production of documents are true and correct subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. on JONATHAN RITCHEY Date: Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff V. JONATHAN RITCHEY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-200 : CIVIL ACTION -LAW Certificate of Service I, Brit J. Suttell, Esquire, do hereby certify that I served a true and correct copy of the within Discovery in Aid of Execution on pro se defendant, Jonathan Ritchey, at his address of record via first class mail, postage prepaid on the date set forth below. Date: Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-12316 BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. no. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff CITIMORTGAGE, INC. : IN THE COURT OF COMMON PLEAS Plaintiff V. : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-200 JONATHAN RITCHEY Defendant CIVIL ACTION - LAW Plaintiffs Memorandum of Law in Support of Motion to Compel Plaintiff, CitiMortgage,Inc., received a judgment against defendant, Jonathan Ritchey, on June 19, 2008. Plaintiff served defendant with post judgment discovery in aid of execution under Pa. R. C. P. 3117 which is attached to plaintiff's motion to compel. Defendant did not answer the discovery. Pa. R. C. P. 3117(a) states as follows: Plaintiff at any time after judgment, before or after the issuance of a writ of execution, may, for the purpose of discovery of assets of the defendant, take the testimony of any person, including a defendant or garnishee, upon oral examination or written interrogatories as provided by the rules relating to Depositions and Discovery. The prothonotary of the county in which judgment has been entered or of the county within this Commonwealth where the deposition is to be taken, shall issue a subpoena to testify. Thus, under the plain language of Pa. R. C. P. 3117, Pa. R. C. P. 4019 is also applicable. Pursuant to Pa. R. C. P. 4019, plaintiff seeks the Court to enter an order compelling defendant to respond to plaintiff's post judgment discovery in aid of execution. Pa. R. C. P. 4019(a)(1)(i) provides as follows: "The court may, upon motion, make an appropriate order if a party fails to serve answers... to written interrogatories under Rule 4005." An appropriate order would be one pursuant to Pa. R. C. P. 4019(c)(5), that is, "such order with regard to the failure to make discovery as is just." Under the circumstances, plaintiff requests that an order be entered compelling defendant to fully and completely answer plaintiff's post judgment discovery in aid of execution. 7 Burto Neil & Associates, P.C. y B ' J. Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff V. JONATHAN RITCHEY Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-200 CIVIL ACTION - LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within Motion to Compel, proposed Order and supporting Memorandum of Law on pro se defendant, Jonathan Ritchey at his/her address of record via first class mail, postage prepaid on the date set forth below. Date: Burton Neil & Associates, P.C. By: ? Bri . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-12316 `ri t fi BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. no. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff. CITIMORTGAGE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-200 JONATHAN RITCHEY Defendant : CIVIL ACTION - LAW Plaintiffs Amended Motion to Compel Plaintiff, CitiMortgage, Inc., by and through its undersigned counsel of record, Burton Neil & Associates, P.C., hereby moves this Court pursuant to Pa. R. C. P. 3117 and 4019(a)(1)(i) to compel defendant, Jonathan Ritchey, to serve answers to post-judgment discovery in aid of execution and in support thereof states as follows: 1. Plaintiff's counsel served defendant with discovery in aid of execution on July 11, 2008. A copy of the discovery is attached as Exhibit A. 2. Defendant has not answered plaintiff's discovery. 3. Plaintiff's counsel attempted to confer with defendant by sending him a letter on August 22, 2008, regarding the past due discovery. 4. A Judge has not ruled upon any other issue in this matter. 5. To date of this motion, defendant did not answer the post judgment discovery in aid of execution. WHEREFORE, plaintiff moves the Court to enter an Order compelling defendant to serve full and complete answers to the post judgment discovery in aid of execution as per the proposed Order attached. B n 1 sociates, P.C. By B t J. Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff V. JONATHAN RITCHEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-200 : CIVIL ACTION -LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within Amended Motion to Compel on pro se defendant, Jonathan Ritchey at his/her address of record via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. r By. Date: y Brit Suttell, Es uire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-12316 -T Fri V? BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. no. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 I Attorney for Plaintiff CITIMORTGAGE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-200 JONATHAN RITCHEY Defendant : CIVIL ACTION - LAW Plaintiffs Amended Motion to Compel Plaintiff, CitiMortgage, Inc., by and through its undersigned counsel of record, Burton Neil & Associates, P.C., hereby moves this Court pursuant to Pa. R. C. P. 3117 and 4019(a)(1)(i) to compel defendant, Jonathan Ritchey, to serve answers to post judgment discovery in aid of execution and in support thereof states as follows: 1. Plaintiff s counsel served defendant with discovery in aid of execution on July 11, 2008. A copy of the discovery is attached as Exhibit A. 2. Defendant has not answered plaintiffs discovery. 3. Plaintiff s counsel attempted to confer with defendant by sending him a letter on August 22, 2008, regarding the past due discovery. 4. A Judge has not ruled upon any other issue in this matter. 5. To date of this motion, defendant did not answer the post judgment discovery in aid of execution. WHEREFORE, plaintiff moves the Court to enter an Order compelling defendant to serve full and complete answers to the post judgment discovery in aid of execution as per the proposed Order attached. Burto Neil ssociates, P.C. By Brit . Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. l Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JONATHAN RITCHEY Defendant : NO. 08-200 CIVIL ACTION - LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within Amended Motion to Compel on pro se defendant, Jonathan Ritchey at his/her address of record via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. Date: By: Brit . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-12316 - r _ .?._4 `_"' L'. '_7`t ?.? r ? ?, {,?,., 1 { ?,S i'a? .? ?Y ;t. . CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-200 JONATHAN RITCHEY, Defendant IN RE: PLAINTIFF'S MOTION TO COMPEL OR TIFR AND NOW, this 16, - day of October, 2008, a brief argument on the plaintiff's motion to compel is set for Thursday, November 6, 2008, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, l? rt J. Suttell, Esquire For the Plaintiff onathan Ritchey, Pro Se 350 West First Street J Boiling Springs, PA 17007 : rlm -S Vp 2 3 2008 CITIMORTGAGE, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-200 JONATHAN RITCHEY Defendant : CIVIL ACTION - LAW Order AND NOW, this day of Nov4.Ai , 2008, upon consideration of plaintiff's motion to compel answers to post judgment discovery in aid of execution, it is hereby ORDERED that the defendant, Jonathan Ritchey, is directed to fully and cxa) completely answer plaintiff's post judgment discovery in aid of execution within U*onof{28) days of the date of this Order. BY THE COURT: LJJ C, N ro a_?a 0 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIMORTGAGE, INC. 750 Washington Blvd, 7 Fl, Stamford, CT 06901 Plaintiff V. JONATHAN RITCHEY 350 West First Street, Boiling Springs PA 17007 Defendant(s) MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive, Mechanicsburg, PA 17055 . Garnishee(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-200 CIVIL ACTION - LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against JONATHAN RITCHEY , Defendant(s) 3. and against MEMBERS FIRST FEDERAL CREDIT UNION , Garnishee(s) 4. and index this writ (a) against (b) against Defendant(s) Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY - GARNISHMENT ONLY Serve interrogatories on garnishee at: 5000 Louise Drive, Mechanicsburg, PA 17055 5. Amount Due $27,666.00 Interest from 6/19/ 2008 $982.77 Total $28,648.77* *Plus writ costs F Dated: January 19, 2009 V Agz" Brit/. Suttell, Esquire Attrney for Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. C-12316 ZJ3 -rs _ .fit po 0?0 ao ?- s r N, 0p?1O? _ j, ?0pOd00E"6 0 ^v p CZ, 00000 10 N ` Lrl SU Ol v ?? a I DO WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-200 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From JONATHAN RITCHEY, 350 West First Street, Boiling Springs, PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS FIRST FEDERAL CREDIT UNION, 5000 Louise Drive, Mechanicsburg, PA 17055 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $27,666.00 Interest interest from 6/19/08 -- $982.77 Atty's Comm % Atty Paid $298.02 Plaintiff Paid Date: 1/22/09 L.L. $.50 Due Prothy $2.00 Other Costs //Z/6 V - - - tooli?? C 01-s R. Lon (Seal) By: Deputy REQUESTING PARTY: Name BRIT J. SUTTELL, ESQUIRE Address: BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610.696.2120 Supreme Court ID No. 204140 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-00200 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS RITCHEY JONATHAN And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:33 Hours, on the 27th day of January , 2009, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , RITCHEY JONATHAN hands, possession, or control of the within named Garnishee MEMBERS FIRST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BRIAN PETERS (MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 nn , in the true and made So ans%?? ?r R. Thomas Kline Sheriff of Cumberland County U U 01/28/2009 Sworn and Subscribed to before me this day of By Dep ty §heri-11 A.D vow -xi" 0M et 166. .6? 460 ." ;iii. s ,0 4" Iwo -00 -ow 4" 400. .ii. ,..N. ?? ? a?7 _; ? ??ir?--.`?. ?- ?t ? -W-, ?d ,, `+ t ., TMs, + _, Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff V. JONATHAN RITCHEY RECEIVED JAN 2 12009 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 350 West First Street, Boiling Springs PA 17007 NO. 08-200 Defendant(s) MEMBERS FIRST FEDERAL CREDIT UNION Garnishee CIVIL ACTION -LAW To: MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive, Mechanicsburg. PA 17055 Interrogatories to Garnishee You are required to file answers to the following interrogatories withing twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant or any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? no . 2. At the time you were served or at any subsequent time was therein your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owed solely or in part by the defendant? ('0 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount? n (cc, 4. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? r) 0 5. At the time you were served or at any subsequent time did you hold as fiduciary any property in which defendant had an interest? t-) O 6. At any time before or after you were served did the defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent and if so what was the consideration therefor? no 7. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? no 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. O 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds on deposit, not including any otherwise exempt funds, did not exceed the ount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. Burton Neil & Associates, P.C. R By:; Brit . Suttell, Esquire The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. A MEMBERS 1St FEDERAL CREDIT UNION January 27, 2009 Name: Jonathan G Ritchey Address: 350 West First Street Boiling Springs, PA 17007 Account Number: XXX077 Name on Account: Jonathan G Ritchey Savings: $126.89 25.00 Processing Fee 101.89 Checking: Account Number: XXX758 Name on Account: Savings: $29.58 Sherri M Mainhart Jonathan G Ritchey (Joint) $0.00 $300.00 Statutory Exemption was not taken out. Tania S Young Deposit Operations Llyst 5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • wwwmemberslst.org . y VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is u 0, (Name) S of Ilderr WS 181 federal Credit U110f , Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. 6 (J.?( (SIGNATU I) ,; _ ..... r...? .-? c_ ? _, ?-? . _? 4... 1 ?` ,?? - ?? :i ? ? ?_7 Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff IN THE COURT OF COMMON PLEAS V. JONATHAN RITCHEY Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-200 CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against MEMBERS FIRST FEDERAL CREDIT UNION, garnishee. Burton Neil & Associates, P.C. By: ' Brit . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-12316 °o te fr ` r, - # 8 -nY 0 IV Ma or) Burton Neil & Associates, P.C. By Brit J. Suttell, Esquire ID. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, IN U. Plaintiff V. JONATHAN RITCHEY Defendan To the Prothonotary: Mark the judgment c Burton Neil & Associates, P.C. By: Brit J. ttell, Esquire Attom y for Plaintiff The law firm of Burton NO & Associates is a debt collector. 204140 IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-200 CIVIL ACTION - LAW Praecipe to Satisfy Judgment on payment of your costs only. C-12316 ALED-ot r---iCE QF THE- FROTHO!,i tmy 2009 APR 14 Pm 1: o 5 F-'C l"tIi YLV yNli,'?. $ 8. oo M A'm/ CK*" EaM J a,2 3 to 8a1 Burton Neil & Associates, P.C. By Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIMORTGAGE, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-200 CIVIL ACTION - LAW pe to Satisfy Judgment payment of your costs only. Burton Neil & Associates, P.C. By: f Brit J Suttell, Esquire Atto ey for Plaintiff es is a debt collector. JONATHAN RITCHEY Defendant 4s J - ? 1° ? W p -?a ; fill Ln t, co R. Thomas Kline, Sheriff, who being duly sworn according to law states this Writ is returned ABANDONED, , no action taken in six months. 4 A Sheriff's Costs: Advance Costs: 150 00 Docketing 18.00 . Sheriff's Costs: 86.58 Poundage 1.70 63.42 Law Library A? h t .50 Refunded on 09/25/09 ono ary 2.00 Mileage 4.50 Surcharge 30.00 Levy 20.00 Postage .88 Garnishee 9 00 $ 86.58 ? V 9/6, ?- So Answers, R. `omas Kline, S Bv\--A . n., 0 - zz i-0 L kl .{ r ?' QD CI- ck--, 7,2 2q I A- a 3I17y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-200 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From JONATHAN RITCHEY, 350 West First Street, Boiling Springs, PA 17007 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS FIRST FEDERAL CREDIT UNION, 5000 Louise Drive, Mechanicsburg, PA 17055 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $27,666.00 Interest interest from 6/19/08 -- $982.77 Atty's Comm % Atty Paid $298.02 Plaintiff Paid Date: 1/22/09 L.L. $.50 Due Prothy $2.00 Other Costs Curti X Long, otary (Seal) By: Deputy REQUESTING PARTY: Name BRIT J. SUTTELL, ESQUIRE Address: BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610.696.2120 Supreme Court ID No. 204140