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HomeMy WebLinkAbout08-3394t . 1 11. 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. 750 Washington Blvd, 7 Fl, Stamford, CT 06901 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDI B THICKEY : NO. 5 Clearview Avenue, Carlisle PA 17013-8702 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 106251 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. 750 Washington Blvd., r Floor Stamford, CT 06901 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. el RANDI B. THICKEY NO. U 5 Clearview Avenue Carlisle, PA 17013-8702 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 Randi B. Thickey, an adult individual, residing at 5 Clearview Avenue, Carlisle, Cumberland County, Pennsylvania. 3. On or about April 29, 2005, defendant entered into and executed a Balloon Note (hereafter the "Note") in favor of American Home Mortgage. 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 dated April 29, 2005, 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 $36,600.00 with interest at the rate of 9.875% per annum. 6. Plaintiff acquired the Note and Mortgage from American Home Mortgage, and is now 101 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), a copy of which is 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 $36,078.45 is due plaintiff. 11. Per the terms of the Note, plaintiff is entitled to reasonable attorneys' fees and the costs of this action. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $36,078.45 plus reasonable attorneys' fees and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. ). J( 11 - 7 , -? 'i, By: f 14Et?n Brit . Suttell, Esquire Attorney for Plaintiff t' } M7TNIN TQ 1 q TR CER7•fF V Tft BALLOON N ?FD Ro (Fired Rate) V A & , V THIS LOAN IS PAYABLE IN FULL AT MATU TY. TH E ENTIRE PRINCIPAL. BALANCE OF THE LOAN AND U AID ANT ST UNDER NO OBLIGATION TO REFINANCE HE LOAN T AT TINT WILL, THEREFORE, BE REQUIRED TO MAKE P YNIENT OUT O OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE T FIND A LE R, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WI LING TO YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YO - VE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. ? April 29, 2005 Ca_:a1e eennsvlvania [Date) [City) [Statel 5 CLEAF.VIEW DRIVE, Carlisle, PA 1701-3 [Property A,klresal 1. BORROWER-S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.5 36,600.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender isAmerican Hone Mortgage I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder-" 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9,975%. The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described is Section 6(131) of this NCNc. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. [will make my monthly payments on the 1st day of each mooth beginning on June 1, 2005 I will make these payments every month until 1 have paid all of the principal and iatcrest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on May 1, 2020 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO Box 660029, Da11as, Tx 75206-0023 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 317. 9 2 )CC 0:321641 APPL t:JO'7.J793350 MULTISTATE BALLOON FIXED RATE MOTE . Sinsic Family • FANI:IE MAE UNIFORM INSTRUMENT L-M7: C009 rake a a[ J -$7ttN 10D06. vMr MORTGAGE rORM5 -,[W,S.1-: '91 Form 3260 hul wwu; 10 E X H I B I 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they arc due. A payment of Principal only is known as a Prepayment.' When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe hinder this Note. However, the :Mote Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges. is finally interpreted so ghat the inter" or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of onlhly payment by the end of 15 calendar days after the date it is due, l will pay a t charge to the Note Holder. The amount of the charge will be 5.0 C C % of my overdue pay t of principal and interest I will pay this late charge promptly but only once on each late payment. 19) Default If I do not pay the full amount of each m y payment on the t is due, I will be ' default. (C) Notice of Default If I am in default, the Note Holder y ad me a written ice is ' g t if I do o pay a overdue amount by a certain date, the Note Holder may requir m to pay irtttncdia y the t f Principal ich h s not heen paid and all the interest that 1 owe on that amount. hat ate must be a?1 st 30 da • cr di date on whit the a ice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am i do ult, the Note [der d r uire me to pay i ediat y in full as described above, the Note Holder will still have a ight to do so am in cult a later time. (E) Payment of Note Holder's and Ex If the Note Holder has required m o pay ' media I ' full as described above, d Note H der will have the right to be paid back by me for all of its costs rises in cnforcing this Note to the extent probi ' by applicable law. Those expenses include, for example, reasonable ttorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a differentethnxd, any notice that must be given- me under this Note will tr given by delivering it or by mailing it by first class mall to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note- The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under dhis Note, 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts duc. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Decd of Trust, or Security Deed (the "Security Instrument"), dated the same datc as this Note, protects the Note Holder from possible losses that might result if l do not keep the promises that I make in this Note. That Security lnstrument describes how and tinder what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: DGC 4=32142 APPL 4;00007'5350 Form 320) flat -87nty c00Dol PqN 2 of 3 7 ea Transfer of the Property or a Beneficial Int t in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial intcr in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contr for deed, installment sales contract or eser , agreement, the intent of which is the transfer of title by Borrower t a r date to a pureha r. If all or any part of the Property o any Inte est in the Prope is or t sf or if Borrower is not a natural person and a beneficial interest a Borro er is sold or t sfe s prior written consent, Lender may require immediate payme is full o all sums 5ecu by rs rity ru t. However, this option shall not be exercised by Lender if exerc' is prohibited y pp b w. If Lender exercises this option, Lendcr s Il give orrowe notice of acceleration. c notice shall provide a period of not less than 30 days fro the date notice is given in accordance w" Section 15 Within which Borrower must pay all sums secured this Security Instrument. If Borrower faits pay these sums prior to the expiration of this period, Lender may i - ke any remedies permitted by this S rite Instrument without further notice or demand on Borrower. WITNESS ADS) AND SEAL THE UNDERSIGNED. (Sent) (Seal) D1 BRUCE THT_ -Borrower -Burrower (Seal) (Seal) -Borrower -Borrower WE DO HEREBY CERTIFY THE WITHIN TO BE A UE AND CORRECT COPY OF THE 1N L FILED OF RECORD (Seal) -Barr HIM -Borrower A (Seal) (Seal) ,, , -Borrower [Sign Original Only] DOC 1.327543 AD°L #:0000795350 ?t170N gansi r.re 5 at 3 Form 3260 Vol 14931 R Prepared By: Cortney Wurth '-or Accounting Use Only' , PA Return To: American Home Mortgage 520 Broadhoilow Road Melville, NY 11747 Parcel Number: RCaE- S F. ;IEGLER !;_vl7ZC?R OF HED 2045 1jay 2 PR 2 43 tSpace At ore This Lena For Recording Date] MORTGAGE MIN 1-0002420000795-1504 THIS MORTGAGE is made this 29th day of April, 2005 , between the Mortgagor, RANDI BRUCE THICKEY (herein "Borrower"), and the Mortgagee, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns). MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501 ?026, tel. (888) 679-MERS. American Home Mortgage ("Lender") is organized and existing under the laws of State of New York , and has an address of 520 BROADHOLLOW ROAD, MELVILLE, NY 11747 , WHEREAS, Borrower is indebted to Lender is the principal sum of U.S. $ 36, 600. 00 which indebtedness is evidenced by Borrower's note dated April 29, 2005 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on May 1, 2020 PENNSYLVANIA - SECOND MORTGAGE - 1180 - FNMAIFHLMC UNIFORM INSTRUMENT WITH MFRS Fnrm 309 DOC 0:328901 C9-76N(PA) tocn Amended 6102 APeL 0:0000795350 UM31 010 VMP ?7 he. c al - I 11111111111111111111111111111111111111 C BK 19 4 5 PG 318 9 EXHIBIT F?> a ' > , TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County of CUMBERLAND , State of Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION which has the address of 5 CLEARVIEW CRIVE (street] Carlisle [Cityl, Pennsylvania 17013 (ZIP Code] (herein "Property Address"); TOGETHER with 211 the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Mortgage; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Mortgage. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENAIr"i'S. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note_ 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments Doc 4:328602 APPL 1:0000795350 InitLle: M-76N(PA) *,m. r.?z&a Form 3839 • BK 1905PG3 190 A (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutiontil leader. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Fonds and applicable law permits Lender to snake such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Leader shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Leader shall apply, no later than immediately prior to the wic of the Property or its acquisition by Lender, any Funds held by Leader at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds or Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to 6:328603 APPL t:0000795350 -76N(PA) (04n m P.S. J of 8 Form 3839 SK1905PG3191 the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Morttptge. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of Mss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. & Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, arc hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Leader shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the Burns secured by this Mortgage by season of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. DOC 1:328604 APPL JA000795350 A-76N(PA) ,om rope 4 or a wti.a?` Form 3834 BKI905PG3192 citi mortgage 7107 8381 6540 0577 9431 07/19/07 18891 000016 RANDI B THICKEY 5 CLEARVIEW AVE CARLISLE PA 17013-8702 RE: CitiMortgage Loan #: 0770513676 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired nearing can call (717)780-1889). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COMPRENOE EL CONTENI00 DE ESTA NOTIFICACION OSTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SEA ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. u N O H EXHIBIT ' CitiAMottgage, Inc. does busineas as Citicorp Mortgage in NM. A member of 0119r"T cr i•mortgage Page Two 07/19/07 0770513676 HOMEOWNER'S NAME(S): Randi B Thickey PROPERTY ADDRESS: 5 Clearview or Carlisle,PA 17013-0000 LOAN ACCT. NO.: 0770513676 ORIGINAL LENDER: American Home Mortgage CURRENT LENDER/SERVICER: CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: $ IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, $ IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND a IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. R CitiMartgage, Inc. does business as Citicorp Mortgage in NM. A membarol cJtprour cTm mortgage Page Three 07/19/07 0770513676 CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO 50 OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after It receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) S R CitiMortgage, Inc. dots business as Citicorp Mortgage in NM. A member of Crh7M T cTm mortgage Page Four 07/19/07 0770513676 HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 5 Clearview Dr,, Carlisle, PA 17013-0000 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 05/01/07 tnru 07/01/07 3 @ $317.82/month 3 @ $15.89/late charge/month $1,001.13 Previous late charge(s) $175.68- Delinquency Expenses(s) TOTAL AMOUNT PAST DUE: $0.00 $1,176.91 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,176.81, PLUS ANY MORTGAGE PAYMENTS. LATE CHARGES AND DELINQUENCY EXPENSES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: CitlMortgage, Inc. PO Box 9450 Gaithersburg, MD 20898-9450 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise Its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due Immediately and you may lose the chance to pay the mortgage In monthly Installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also Intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt- If the lender refers your Case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually Incurred. up to $50.00. However, if legal proceedings are started LL N_ n CitiMortgaM Inc. does business as Citicorp Mortgage in NM. A member of cit1gI04111 cTm mortgage Page Five 07/19/07 0770513676 against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also Include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclo5ure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sate. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sneriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: C1tiMortgage. Inc. Address: 1000 Technology Drive O'Falion. MO 63368-2240 Phone Number: 1-800-723-7906* Fax Number: 1-636-261-7716 s Calls are randomly monitored and recorded to ensure quality service. QN_ b CitiMortgage, Inc. does business as Citicorp Mortme in NM. A member of atovuoT • cTm rlnortgage Page Six 07/19/07 0770513676 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-Please refer to your original loan documents to determine whether or not you may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments. charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may also call the 1-800 Number above to find out whether your loan is assumable. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. x TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 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 your tax advisor for further information. Enclosure: Consumer Credit Counseling Agencies, including those for your county. This is an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged to Bankruptcy, this communication 1s not intended to be an attempt to collect a debt. g 070719D0005873 _n e CitiMortgage, Inc. does business as Citicorp Mortgage in NM. A member of otww sr Verification 15 6 ICJ ?'.? , am 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. 5) 2-q joO()? Date: Thickey 770513676 W L o c D r`.) SHERIFF'S RETURN - REGULAR CASE NO: 2008-03394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS THICKEY RANDI B SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THICKEY RANDI B the DEFENDANT , at 1055:00 HOURS, on the 14th day of June , 2008 at 5 CLEARVIEW AVE CARLISLE, PA 17013-8702 " MT TT -r 77 M" 7 t1 V LT V by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Gl/9/o P A"" 18.00 5.00 .00 10.00 00 33 . 00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/16/2008 BURTON NEIL & ASSOCIT"", By: Deputy S riff A.D. CitiMortgage, Inc. 750 Washington Blvd, 7 Fl Stamford, CT 06901 Plaintiff V. RANDI THICKEY 5 Clearview Dr Carlisle PA 17013-0000 Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3394 CIVIL TERM 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 $36,078.45 $36,078.45 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn 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. NOTICE GIVEN U ER PA.R.CIV.P. 236 Pr Prothonot Burton Neil & Associates, P.C. By: B ' J. Sutt ell, squire 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. 106251 CITIMORTGAGE, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3394 CIVIL TERM RANDI THICKEY Defendant : CIVI. ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Randi Thickey 5 Clearview Dr Carlisle PA 17013-0000 IMPORTANT NOTICE 106251 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: July 8, 2008 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. 13 (i ?" Brit J. Ste Il, Esquire Attorney for Plaintiff Identification No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 R Ln 1 • 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 V. RANDI THICKEY Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3394 CIVIL TERM Defendant : 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/aylo8 rothonotary 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. 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. RANDI THICKEY 5 Clearview Dr, Carlisle PA 17013-0000 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. 08-3394 CIVIL TERM : 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 RANDI THICKEY , Defendant(s) 3. and against MEMBERS FIRST FEDERAL CREDIT UNION , Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against 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 Interest from 7/24/ 2008 Total *Plus writ costs Dated: August 26, 2008 $36,078.45 $196.38 $36,274.83* Brit J. Suttell, Esquire Attorney 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. 106251 ..... W Sv ? 9? ? ? v? ? tit $ ? p Q C? O ` f ? ? O t ? ._• ?r ? :?;? _?, C ? J ?ry ? ?? ?'? ? R S ? ? ? .? ? n J f ; J ? ?'? ? } ? ? ?3 ? l L ?? ?? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3394 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From RANDI THICKEY, 5 Clearview Drive, Carlisle, PA 17013-0000 (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, Mechancisburg, 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 $36,078.45 Interest from 7/24/08 -- $196.38 Atty's Comm % Atty Paid $152.50 Plaintiff Paid Date: 9/03/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs / ou't4x? k- - " R. Long, Prothonota By: A )614 Deputy REQUESTING PARTY: Name BRIT J. SUTTELL, ESQUIRE Address: BURTON NEIL & ASSOCIATES, PC 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 204140 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. RANDI THICKEY Defendant and MEMBERS FIRST FEDERAL CREDIT UNION Garnishee CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3394 CIVIL TERM : 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: r' I if Bri J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 106251 00 9 00 k-o SHERIFF'S RETURN - REGULAR CASE NO: 2008-03394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS THICKEY RANDI B SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon THICKEY RANDI B the DEFENDANT , at 0010:55 HOURS, on the 14th day of June 2008 at 5 CLEARVIEW AVE CARLISLE, PA 17013-8702 by handing to RANDI B. THICKEY a true and attested copy of NOTICE together with COMPLAINT and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Thomas Kline 00 33.00 06/16/2008 BURTON NEIL & ASSOCI ES Sworn and Subscibed to By: ?IA (? i before me this day kJ- Dep Sheriff of A. D.