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HomeMy WebLinkAbout08-5549I I UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co 3232 Newmark Drive Miamisburg, OH 345342 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Richard H. Garrett Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 NO. 08 - 55'f 9 CN i l ?f'M'1 Richard H. Garrett P.O. Box 219 Kreamer, PA 17833 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuesta.s en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 I I 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1709 Edgar Lane MUNICIPALITY/TOWNSHIP/BOROUGH: Lower Allen Township COUNTY: Cumberland DATE EXECUTED: 3/8/03 DATE RECORDED: 3/31/03 BOOK: 1803 PAGE: 0593 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: I I (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 9/12/08: Principal of debt due $218,532.62 Unpaid Interest at 6.375% from 5/1/08 to 9/12/08 (the per diem interest accruing on this debt is $38.17 and that s um should be added each day after 9/12/08) 5,063.65 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $699.04 and that sum should be added on the first of each month after 9/12/08) 823.13 Late Charges (monthlyy late charge of $86.47 should be added in accordance with the terms of the note each month after 9/12/08) 259.41 Attorneys Fees (anticipated and actual to 5W of principal) 10,926.63 TOTAL $236,210.44 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $236,210.44 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN O ES, P. C. BY ? Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ""LOUIS A. SIMONI, ESQUIRE Exhibit A ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE DIVIDING LINE BETWEEN THE LOT HEREIN AND LOT NUMBER 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAME NORTH 25 DEGREES 34 MINUTES 48 SECONDS WEST 258.03 FEET TO A POINT ON THE SOUTHERN DEDICATED RIGHT OF WAY LINE OF CEDAR CLIFF DRIVE; THENCE ALONG SAME NORTH 80 DEGREES 07 MINUTES 10 SECONDS EAST 180 FEET TO A POINT IN THE DIVIDING LINE BETWEEN THE LOT HEREIN AND LOT NUMBER 5 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAME SOUTH 18 DFGREES 05 MINUTES 10 SECONDS EAST 216.48 FEET TO A POINT ON THE NORTHERN SIDE OF EDGAR LANE; THENCE ALONG SAME, SOUTH 67 DEGREES 18 MINUTES WEST 145 FEET TO A POINT THE PLACE OF BEGINNING. CONTAINING.88 ACRES, MORE OR LESS k BEING LOT NUMBER 4 ONOE PLAN OF THE CLIFFS AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 24, PAGE 103. M -r $ND$0002002897DR67108-05-08 August 05, 2008 Kathleen J Garrett P O Box 219 Kreamer PA 17833 Certified Mail/Return Reciept Requested Loan No. 0002002897 Current Servicer: National City Mortgage Co. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 1709 Edgar Ln Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 06/01/2008 - 8/1/2008 and the following amount(s) are now past due: Monthly Payments 7,285.08 Corporate Fees .00 Late Charges 172.94 Non-Sufficient Funds .00 Other Fees 9.00 Less Suspense Balance .00- Total Due 7,467.02 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7,467.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES LENDER, WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, cash uI IIIUFIVY oraer maae payable and sent to: National City Mortgage Co. Attn: Customer Counseling Department 3232 Newmark Dr. EXHIBIT A Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable). This is an attempt to collect a debt, any information obtained will be used for that purpose. Enclosure (F) DR671 039 LBM @ND@ 41 $ND$0002002897DR67008-05-08 August 05, 2008 Certified Mail/Return Receipt Requested Richard H Garrett P O Box 219 Kreamer PA 17833 Loan No. 0002002897 Current Servicer: National City Mortgage Co. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 1709 Edgar Ln Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 06/01/2008 - 8/1/2008 and the following amount(s) are now past due: Monthly Payments 7,285.08 Corporate Fees .00 Late Charges 172.94 Non-Sufficient Funds .00 Other Fees 9.00 Less Suspense Balance .00- Total Due 7,467.02 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7,467.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES LENDER, WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, cash or money order made payable and sent to: National City Mortgage Co. Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable) This is an attempt to collect a debt. Any information obtained will be used for that purpose. Enclosure (F) DR670 059 LBM @ND@ 41 $ND$0002002897DR67308-05-08 August 05, 2008 Kathleen J Garrett 1709 Edgar Ln Camp Hill PA 17011 Certified Mail/Return Receipt Requested Loan No. 0002002897 Current Servicer: National City Mortgage Co. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 1709 Edgar Ln Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 06/01/2008 - 8/ 1 /2008 and the following amount(s) are now past due: Monthly Payments 7,285.08 Late Charges 172.94 Other Fees 9.00 Less Suspense Balance .00- Total Due 7,467.02 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7,467.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES LENDER, WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, cash or money order made payable and sent to: National City Mortgage Co. Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable). This is an attempt to collect a debt. Any information obtained will be used for that purpose. Enclosure (F) DR673 042 LBM @ND@ 41 $N D$0002002897DR67208-05-08 August 05, 2008 Richard H Garrett 1709 Edgar Ln Camp Hill PA 17011 Certified Mail/Return Receipt Requested Loan No. 0002002897 Current Servicer: National City Mortgage Co. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on NATURE OF THE DEFAULT your property located at: 1709 Edgar Ln Camp Hill PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following month(s) 06/01/2008 - 8/1/2008 and the following amount(s) are now past due: Monthly Payments 7,285.08 Late Charges 172.94 Other Fees 9.00 Less Suspense Balance .00- Total Due 7,467.02 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days HOW TO CURE THE DEFAULT of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7,467.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES LENDER WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, cash or money order made payable and sent to: National City Mortgage Co. Attn: Customer Counseling Department 3232 Newmark Dr. Miamisburg, OH 45342 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:(Do not use if not applicable). This is an attempt to collect a debt, any information obtained will be used for that purpose. Enclosure (F) DR672 040 LBM @ND@ 41 U"', 17. LUU( 111: JDRM lrnl ivnni, VA L 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 IHEMAPI may be able to h?saYeyour Dome, This Notice e. I ins ow the groctram works. To s if HEMAP ca hel .you mutt MEET WITH A CONSUMER CREDIT COUN -Ne SEEING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Nonce with you when you meet with he Counsetina Aoency The name address and phone number of Consumer Credit Counseling A encies servin our Coun are in lulled with this Notic ; !f ou have n questions, you ma ?oall the Pennsylvania Housing FinanceAgency toll tree at 1-800-342-2397. IPersons with impaired hearing c n call 1717) 784 18691_ This Notice contains important-legal information, If you have any questions, repre- sentatives 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 SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO- COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION :,. INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FI- NANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA'UN PRESTAMO POR -EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DELDERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY E iG E R INANCIAL SStS IVC WHICH CAN SAV YOIZR TOME FROM FORECLOSURE ND HELP YOU MAKE FUTURE MORTGAGE PA- YMENTS. OCT, 17. 2002 10:35AM ' NATIONAL CITY 11 V. 1 L. ! V . 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 l3-EING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND. • 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 tempo- rary 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 M STING MUST OCCUR WITHIN THE NEXT (3Q) DAYS IF YOU DO NOT APPLY FOR EMER- GENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MQRTGAGE DEFAULT". EXPLAINS HOW TO BRING YOURMORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIF.,?5 - If you meet with one of the con- sumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you fog thirfy.(30) days after the date o€-tWs -meeting. The -narnes: addresses and telephone numbers of dgsi nated Wnsumer credit counseling agencies for the county in which the orooe is located are set forth at the and of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your tender 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'resoive this problem with.the lender, you have the right to apply for financial assistance from the Homeowner's Emer- gency 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 onsumer credit counseling agencies have applications for the program and they will assist you in submit- Ling a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days -of your face-10-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF-YOU FAIL TO DO SO 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 wlll be disbursed by the Agency under the e[igiSility criteria established by the Act. OCT, 17, 2002 10:35AM NATIONAL CITY ITV, ILilj . The Pennsylvania Housing Finance Agency has sixty .(80) days to make a decision after It receives your application. During that time, no foreclosure proceedings 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.) IF YOU DO NOT CURE THE DEFAULT(see oaae 1 - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intend to exemise Its rights to accelerate the mortgage ebt. 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 mortgage ertv. 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 against you, you will have to pay all reasonable attorneys' tees 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 defia?it w' in-the THIR"1Y.30 ) DAY pert d you wit! not tae required tv 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 foreclosure proceedings have begun, you s 0l have the right to cure the default and prevent the safe at anytime uD tot' -hour before the Sheriff s Sale You may do so by paving, the total amount then past due us a.rV late or other charoes then dupe, reasonable attorney's fees accosts co-C- if wrt the foreclosure safe and any other costs connected with the Sheriff's Sale as specify-d in writing by the tender and by performing any other requirements under the mortaaae. Cur- ing 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 Sheriff's Sale of the mortgaged property could be held would be approxi- mately FOUR(4) 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 contactin 'the lender. OCTti I7I 2002 10:364 NATIONAL CITY NO, 1219 V. ? HOW TO CO TACT THE LENDER: Name of Lender: -National City Mortgage ddres : 3232 Newmark Dr. Miamisburg OH 45342 Phone Number: 1=800-5238654 Fax Number: (937) 910-4058 Contact Person: COLLECTIONS DEPT. EFFECT OF SHEFIIFF'S SALE - You should realize thaf 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 furnishing and other belongings, could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or may not be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey's flees and costs are paid prior to, or at the sale and that the other requirements of the mortgage are satisfied. For additional informa- tion please contact the Collection Dept. YOU MAY ALSQ HAVE THE RICZHT: 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.' TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BE- HALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DE- FAULT 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 DEFAULT IN ANY FORECLOSURE PRO- CEEDiNG 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. le OCT' 17. 2002 10, 36AM AQAtu1S COLRITY American Red Cross-- Hanover Chaptar 529 Carlisle Straet Hanover, Pennsylvania 17331 (717) 637.3786 FAX (717) 637-3294 CCCS Of Western PA 2000 Lingiestown Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4670 NATIONAL CITY NO, 1219 F. 0 ' APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CRE61T COUNSELING AGENCIES Financial Counseling Services of. Franklin 31 Wast 3rd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139.143 Carlisle St Gettysburg PA 17325 (717) 334-1S18 FAX (717) $34-6326 ALLFnjLUy COUNTY Pennsylvania Housing Finance Agency (Marcia Hass) 2275 Swallow HZ road, Bldg 200 Pittsburgh. PA 15220 (412) 429.2642 FAX (412) 429-2835 Credit Counselors of PA 401 wood Street. Suite 906 Pittsburgh, PA 15222 (412) 338-9954 or 1(800) 737.2933 FAX (412) 336.9963 Action Housing, inc. 425 8th Avenue, Sully 950 Pittsburgh, PA 15219 (412) 391-1956 or (412)281.2102 or 1 (800) 792.2801 FAX (412)-391.4512 Community Action Southwest 22 West High Street Waynesburg, PA 15370 (724) B52-2893 CCCS of Wastem Pennsykueniai inc- 309 Smithfield Street Pittsburgh. PA 15222 (412) 471.7584 Housing Opponuntles 133 Seventh Street McKeespon PA 15132 (412) 664-1908 Fax (412) 664-8873 Urban Loague Of Pittsburgh Bldg. For Equal Opportunity One Smithfield SL Pittsburgh- PA 15222-2222 (412) 227-4602 FAX (412) 261-5207 Mon-Valley Unemployed Committee ,120 E. 9th Avenue Homeslaad, PA 195120 (412) 482-9962 ARMSTRONG cMLM CCCS of Wostarri Pennsylvania Inc, 217 E. Plank Road Altoona PA 16602 (814) 944-8100 or (814) 944-5747 (Rev, 619 Indiana Co. Community Action CCCS of Lehigh Valley 33 Walnut Street Program 3671 Crescent Court East Weilaboro, PA 16901 B27 Water Street, Box Ia7 Whitehall PA 18052 (570) 724.5252 Indiana PA 15701 (610) 821-4011 or 800-220-2733 (814) FAX (570) 724-5783 ("A) 465-2657 only 931 Main Street FAX (724) 465-5118 FAX (610) 621-8932 Honesdale PA 18431 (570) 2663.8941 Credit Counselors of PA Economic Opportunity Cabinet of FAX (570) 253-4617 401 Wood Street, Suite 906: Pittsburgh, PA 15222 Sohuoidtl County N. Centre Street 225 $?: rKS t OltMy (412) 338-.9954 or 1(800) 737-2933 . Pottsville, PA 17901 (717) 622-1995 Acorn Housing Carporallon 646 North Broad Street FAX (412) 336.9963 FAX (717) 622-0429 Philadelphia, PA 19130 (215) 765.1221 BEAVER GOUtV>•Y Community Housing Counselor, Inc. FAX (215) 765-i4Z7 Action Housing, Inc. 425 6th Avenue, suite PSO P.O. BOX 244 Kennsh Square, PA 19348 Northwest Counseling Service Pittsburgh, PA 15219 (412) 361-1956 (610) 444-36BZ FAX (BID) 444-8243 5001 North Broad Street PhIladelphia, PA 19141 FAX (412) 391-4512 SLAM CLIMI Y (215) 324.7500 FAX (215) 324-8753 CCCS of Western Pennsylvania, Inc. 971 Tnird Street Bedford-Fulton Housing Services R.0,A'1. Box 384 Bucks County Housing Group, Inc, PA 15009 Seaver Everett, PA 15537 140 East Richardson Avenue , (724) 774-0798 (Bi4) 623-8129 Langhorn% PA 19047 FAX (814) 623-7187 (215) 7504310 Housing Oppaflunliies of BeaVOr FAX (215) 750-4318 County. Inc, B50 Corporaton St, Suite 207 Keystone Economic Development Corp 1954 Mary Gratz Lane CCCS of Delaware Valley Beaver. PA 15009 4 72 7511 7 Johnslown PA 15901 814) 535.6556 1515 Market Street - Suite 1325 Philadelphia PA 19107 ) 8. ( 2 FAX (814) 539-168B (215) 563-Stt85 Mon Valley Unemployed Committee FAX (215) 864-2866 120 E. 91h Avenue COOS 41 Waster Pennsylvania. lno. HAGS Homestead. PA 151ZO (41 2) 462-9962 217 E. Plank Road Altoona PA 16602 167 Allegheny Ave 2nd Fl. . (412) 462.9964 (814).944-6100 or (B14) 944.5747 Philadelphia. PA 19140 (215) 426-8025 Housing Opportunttiea Inc, Weathsrization Office FAX (215) 426-9122 133 Seventh Street . O, Box 9' P 917 Mifflin Street Huntingdon, PA 16662 CCC5 of Delaware Valley . 'McKeesport PA 15134 (814) 643-2343 Trevose Corporate Center 4606 Street Road Credit Counselors of PA SRADFbFiD U( Travose PA 19047 401 Wood Street, Suite 906 CCCS of Northeastern Pennsylvania (215) 563.5665 Pittsburgh, PA 15222 (412) 338.9954 at 1-(800) 737-2933 1400 AbkVWn Executive Park Suite 1 Clarks Suntmitt. PA 16411 Commtnky Devel. Corp of Franklord FAX (412) 336-9963 (570) 587-9163 OR 1.800-922-9537 4620 Griscom Street FAX (570) 587-913418135 Pfuladeiphla, PA 19124 Q CQUh= BEt]FDR (275) 744-2990 „ .- Bedford-Fulton Housing Services 31 W. Market St. FAX (215) 744-2012 I D241 Lincoln Kiighway PA 15537 Everett Wilkos-Harm. PA 15702 (570) 821-0537 or 600.922-9537 CCCS of Lehigh Valley , (814) 823.9129 FAX (570) 821.1785. 3671 Crescent Court East FAX (614) 623-7187 • 9 South 7th street Whitehall, PA 18052 (610) 821-4011 OR 600-Z20-2733 CCCS of Western Pennsylvania, Inc. Stroudsburg PA 18360 FAX (610) 821-8932 217 E. Plank Road Altoona PA 16602 (570) 420.8960 or BAD-922.9537 FAX (570) 42D-8901 Anx %';3n Ored'it Counseling Institute (814) 944-8100 846 Coates St. FAX (814) 9445747 1631 S Atherton. St, Suite 100 Coatesville PA 19320 State College, PA 18801 (585) 212.6741 Keystone Econamfo (814) 238-3668 ?. Deve[apmen( Corporation FAX (814) 23B3669' 144 E Delkalb Pike 1954 Mary Grace Lane King of Prussia PA 19406 Johnstown, PA 15901 The Trahab Canter of Noriheaetsm PA 610-971-2210 (814) 535-6556 10 Public Avenue FAX (610) 26574814 FAX (Bid) 539-1688 Montrose, PA 18801 (570) 278.3336 or 900-982-4045 755 York Rd. Suite 103 Tableland Services, Inc. FAX (570) 276-1889 Warminster PA 18974 535 Ease Main Street (216) 444-9429 Somerset PA.15501 186 Elmira Street FAX (215) 956-6344 (814) 445-9628 or 1-800-452.0140 P.O. Box 218 FAX (814) 443-3690 Troy, PA 1694.7 arm rsfi COt?TY Weatherixation Office (570) 297.210r Action Housing, Int. 425 8th Avenue, Suite 950 917 Mifflin Sireel Huntingdon. PA 16652 Gemian Street. P.O. Box 309 Pittsburgh, PA 15219 (412) 991.1956 a (412) 281-2102 (614) 643.2343 Dushorg, PA 16614 FAX (412) 391-4512 (570) 928-9668 FAX,(S70) 928-8144 CCCS of Western PA 103 Warren Street, P.O. Box 709 YMCA Building s39 North gton Street Tunkhannod, PA 16657, , 16001 : Butler, 1 (570) 836.6640 2612 (724) 2S82-7 12 FAX ($70) 836-6332 ?O CT. ? 17.2 G O Zie.10 , 36AM 6ou 4.orporate st-, Suite 207 McKeeapon, PA 15132 (412) 664-1590 FAX (412) 664.0873 Mon-Valtay Unemployed Committee 120 E. 9th Avenue Homestead, PA 15120 (412) 482-9962 FAX (412) 402-99e4 Housing Opportunities Inc. 133 Saventh Street P.O. Box 9 McKeesport, PA 15134 (412) 664-1906 FAX (412) 664.OB73 Credit Counselors or PA 401 Wood Street, suite 906 Pittsburgh, PA 15222 (412) 338.9954 oe 1(800).737.-2933 FAX (412) 338.9963 CAMBRIA COUFITY Bed(ord-Fullon Housing Services R.D.Nt, Box 364 Everett, PA 15537 (814) 623.9129 FAX (914) 623-7187 COOS of Western PA 217 E. Plonk Road Altoona PA 16602 (B14) 9x4.8100 FAX {814) 944-5747 Indiana County Community Action Program 827 Water Street, Box 187- Indans. PA 15701 (412) 465-2657 FAX (412) 46"'! 16 Keystone Econ Development Corp, 1954 Mary Grace Lane Johnstown PA 15901 (814) 535-6556 FAX (814) 539-1668 CCCS of Western PA 219-A Collage Park Plaza Johnstown PA 15904 (614) 639-6335 Tabletand Services, Inc, 535 East Main Street Somerset PA 15501 (8/4yA46-9628 or1-800-452-0148 FAX (614) 443-3690 CAMERON COUNTY Northern Tier Community Action Corp- P.O. Box 389 135 West-4th Strout Emporium, PA 15834 (814) 486-1161 FAX (814) 486-0825 CCCS of Westen PA 217 E. Plank Road Altoona PA 16602 (BI A)(/944-6100 A)(/94d41-6100 74 CUL; 8.t YYas en PP,7 `217 E. Plank Road Altoona, PA 10802 1(814) 944.8100 FAX (814) 944-5747 CARAQN COUNTY -eOC of Schuylkill County 225 N. Centre Street lPoltxvrge, PA 17901 (570) 622.1995 FAX (570) 622-0429 NATIONAL CITY ?wy,i vaney 3671 Cresent Corm East • Whitehall'PA 18052 SID-821-4011 or 600.220-2733 570 3 814 only for BOON FAX 1610) 821.0137 CCCS of Northeastern Penn"ania sAOO Abington Executive Park, Suite 1 Clarks S[mtmitt, PA 15411 (570) 687-9163 OR 1-800.922-9337 FAX (570) 567.9134/9135 31 W. MarkelSL Wakes-Sarre, PA 18702 (570) 821-0837 or 800-922-9537 FAX (570) 621.1785 9 South 7th Street Stroudsburg PA 18380 (57X)(570) 8080 o 9281r 1631 S Atherton St, Suits 100 State College, PA 16801 (814) 238.3668 FAX (el4) 238.3669 Commbsion on Economics OppoA?adty of. Luzome County 163 Arnbef Cane Wilkes-Bane, PA 16702 (570) 826.0510 OR 1.800.822-0359 FAX (570) 829-1806--CALL BEFORE FAXING (570) •455-4994 HAZELTON FAX (570).4555631-CALL BEFORE FAXING (570) 836-4090 TUNKHANNOCK t;?JTRE COUNTY CCCS of Westem Pennsylvania, Inc, 217 E. Plank Road Altoona, PA 16602 (814) 944-8100 FAX (814) 944-5747 Lycoming-Clinton Co Comm For Commuruty Action (STEP 2138 Uncotn Street P.O. Box 1328 Williamsport, PA 17703 (570) 325-0587 FAX (570) 322.2197 COOS or Northe"em PA 1631 S. Alnetton St, Suite 100 State College PA 16801 (814) 238-9668 FAX (814) 238-3869 •CCCS of Northeastern PA 201 Basin Street Wltltemsport, PA 17703 (570) 326-0567 FAX (5701.322-2197 GFtESTER C I?TY A=m Housing Cotporallorl B46 North Broad Strout Philadelphia, PA 1913D ' (215) 765.1221 FAX' (215) 765-1427 Northwest Counseling Services 500; N. Broad Street Philadelphia, PA 19141 (215) 324.7500 ' FAX (215) 324-8733 Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (61 o) 375-7866 FAX (610) 375.7830 CCCS of Delaware Valley 1515 Market Street. Suite 1325 PhitadetpI'lia, PA 19107 (215) 563.5665 FAX (215) 563-7020 a, r. ....- HACE 187 W. Allegheny Avo, 2nd Fl. Philadelphia, PA 19140 (215) 426.8025 FAX (215) 426-9122 Community Housing Counseling Inc P.O. Box 244 Kennett Square, PA 19348 (610) 444.3682 FAX (610) 444.8243 Media Fellowship Houso 302 S. Jacksm Street Media, PA 10093 (610) 565-0646 FAX (810) 565.8567 Phha Councti For Community Adv 100 Nonh.17tn Street, Suite 600 Philadelphia. PA 19103 (21S) 567=7803 FAX (215) 963.9941 Tabor Cornmunily Services, inc. 439 E. King Street Lancaster, PA 17602 (717) 397-5152 OR 1.800-786.5062 H.O.only) FAX. (717) 399-4127 Community Devel. Corp of Frankford Group Nuniotry 4820 Griscorn Street Philadelphia, PA 19124 (215) 744-2990 FAX (215) 744 -2012 Arnerican'Red Cros3 of Chester 1722 ECgemoni Avenue Chester. PA 19013 (610) 874-1484 COOS of Delaware Valley Marshall Building 790 E. Market SL, Suite 215 West Chester, PA 19382 (215) 563-S6e5 American Credit Counseling Inslitutc 845 -Coates SL Coatesville PA t9320 (888) 212-6741 144 E. pekaib Pike King of Prussia. PA 19406 (810) 971.2210 FAX (610) 265-4814 755 York lad, gulls 103 Warminster PA 18974 .(216) 444-9429 FAX (215) 956.6344 2L RlQtA COUNT',, CCCS o1 Westem oennaylvania, inc. YMCA Building 339 North Washington Sheet Butler, PA 16001 (412) 282-7812 GLF`RPiELD C NI,Y Keystone Economic Dovelopmeni Corporation 1954 Mary Grace Lane Johnstown, PA 15901, (814) 535-6556 FAX (814) 539-1589 Indiana Co. Community Action Program 627 water Street, Box 1.87 . Dana, PA 15701 (724) 465-2657 FAX (412) 465,,S 118 CCCS of Western Pennsylvania, inc. 217 E. Plank Road Altoona PA 16602 814) 944-8100 AX (B14) 944-5747 CCCS of Northeastern PA 1631 S Atherton SL, Suite 100 Stat College. PA 16801 (81Z 238-3668 FAX (814) 238-9869 CCCS of Western PA 219-A College Park Plaza Johnstown PA 15904 (814) 539-6335 C it4TON Q01INTY lycoming-Clinlan Counties commission For Community ACtlon (STEP) 2138 Lincoln Street P.O. Box 1326 Wlllamspon, PA 17703 (570) =tDS97 FAX (570) 322.2197 CCCS of Notthaaslem PA 1631 S Atherton St., Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 296-36M COOS of Northestern PA 201 Basin Street Williamepon, PA 17703 (570) 423-8627 FAX (570) 323-6626 QQ LrNA COUNTY CCCS of Normanstem Pennsylvania 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 16702 (570) 821.0837 OR 1-800422.9537 FAX (570) 821-1785 1400 Abington Ertecl" Palk, StAte1 CAar" Summitl, PA 1 &111 0 ) 587-9134/9ao-135M 9597 FAX (570) 597-91V/9ao-135M Commission on Economics Opportunity ol.Luzanne 'County 153 Amber Late - Wilkes-Barre, PA 18702 (570) 826.0510 OR 1-800.822-0359 FAX (570) 829-1665-CALL BEFORE FAXING {570) 4554994 HAZELTON FAX (S70) 455.5631-CALL BEFORE FAXING (570)' 636-4090 TUNKHANNOCK pW Ro W-qM Booker T. W aahinglon Center 1720 Holland Street Erie, PA 18503. (814) 453.5744 FAX (81d) 453.5749 Greater Erie Community Action Committee 16 L ='zat 91h Suaet Erie, PA 16501 (814) 459.4581 FAX (814) A56-0161 John F. Kennedy Center, Inc.` 2021 East 20th Street Erie, PA 16510 (814) 896-0400 FAX (81d) 898.1243 Shenango Valley"Urban League, inc. 601 Indiana Avenue Farrell, PA 16121 (412) 961-5310 COOS of weslem Pennsylvania, Inc 2000 Lfngiestown [Road Harrisburg, PA 17102 (717) 6et-1757 FAX (717) 541.4670 ? C? 1 1 ? O U g b O m ? e ou a t F ' ;,,, r of Philad elphi C n ' For Community FAX (412) 437.4418 FvanWih Adv Tabletand Services Inc. 31 West 3rd Street 100 North 17th Street 131 Norm Center Avenue Waynesboro, PA 17258 Suite 500 Somerset, PA 155D1 M7).762-3285 Philadelphia, PA 19103 (814) 445-0628 (215)567-7803 FAX (814) 443.3B90 Urban League of Metropolitan Harrisburg N. 61h Street Harrisburg, PA 17101 (717) 234.5825 FAx (717) 234-9459•' YWCA of Carlisle 301 G Street Carlisle. PA 17013 (717) 243.3818 FAX (717) 731 -9589 FAX (2166 063-9941 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232.9757 FAX (717) 234.2227 Adams County Housing Authority 139-143 Carlisle SL Gettysburg, PA 17325 518 FAX )(7717) 1334-8326 DAUPHIN G0UN7Y, CCCS of Western Pennsylvania, inc. 2000 Ungiestown Road Harrisburg, PA 17102 (717)'541.1757 FAX (717) 541.4670 Urban League of Metropolitan Harrisburg 2107 N. tlth Street Harrisburg, PA 17101 (717) 234-5926 FAX (717) 234-9459 Community Action Commission of the Capital Region 1514 Deity Street Harrisburg PA 17104 (717) 232-9757 FAX (717) 234-2227 DELAWARE COUNTY Acorn Housing Corporation 846 North Broad Street Philadelphia. PA 19130 (215) 765-1221 FAX (215j 705-1427 Nlarthwost Counseling Service W01 North Broad Street Philadelphia, PA 19141 (215) 324-7500 FAX (215) 324-8753 CCCS of Delaware Valley 1515 Markel Street-Sulte 1325 Philadelphia, PA 19107 i (215) 563-5885 FAX (215) 864.2666 RACE 167 W, Allegheny Ave., 2nd Floor Phlbadeiphta, PA 19140 (215) 426-8025 FAX (215) 426-9122 i Media Fellowship House t 302 S. Jackson Street Madre, PA 19063 i (610) 565.0846 i FAX (610) 565-8567 Community Housing Counselor, inc, P.O. Box 244 Kennett Square PA 19348 (610). 444-3662 r FAX (610) 444-8223 Community Deve1 Corp of Franklord Group Mirdslry 4120 Grireom Street Ph9adeipfita, PA 19124 (215) 744-2990 FAX (215) 744-2012 American Red Cross of Chesior 1729 Edgmant Avenue Chester, PA.19013 ,-,(610) 874-7494 CCCS of Delaware Valley 280 North Providence Road Media, PA 19063 (215) 563-5665 ACCI 175 Strafford Ave, Suite 1 Wayne PA 19067 (610) 271-2210 .FAX (610) 1387-7860 ACCI 144 E- Dekabb Pike King of Prussia, PA 19406 (610) 971-2210 Ewf.lS rQUNTY John F, Kennedy Cantor, Inc. 2021 fast 20th Street Erie, PA 16510 (1514) 898.0400 FAX (814) 896-1243 AU, tL1 J „ weathardation Offica 917 f4flin Street Huntingdon, PA 10852 (B14) 643=2343 CCCS.Of Western PA 199 Edison Street Uniontown PA 15401 (724) 439-8939 Man-Valley Unemployed Committee 120 E. 9th Avenue Homestead, PA 15120 (412) 452-9962 Warran-Forrest counties economic Opportunity Council 204 Liberty Street Post Office Box 547 Warren, PA 16365 (814) 725-2400 FAX (814) 7234610 EBANKLtN COUNTY Fnancial Servicas Unlimited 31 West 3rd &fast Waynesboro, PA 17268 (717) 762-3295 YWCA of Carlisle 301 G Street Cafltde, PA 17013 (717) 243-3618 FAX. (717) 243.3948 CCCS of Western Pennsylvania, Inc. 912 South George Serest Yete1, PA 17403 (717) BAS-4176 Northern Tier Community Action Corp P.O, Box 389. 135 West 41h Street Emporium, AA 15834, (814) 486.1161 FAX'(814) 4813-0825 EHIS COUNTY Booker T: Washington Center 1720 Holland Street Erie, PA 16503 (814) •453-5744 FAX (014) 453-5749 Greater Erie Community Action Committee 1B West 9th Street Erie, PA 18501 (814) 4594561 FAX (1114).45"1181 John F. KanneOy Center, Inc. 2021 East 20th Street Erie, PA 16510 (e-t4) 69e-o400 FAX (814) 698-1243 EA, YErT - COUNTY Action Housing, inc. 426 Ott Avenue, Suite 960 Pittsburgh, PA 15219 (412) 391.1956 or (412) 281-2102 FAX (412) 391.4512 Community Action Southwest 22 West High Street Waynesburg, PA 15370 (724) 852-2893 CCCS of Western Pennsylvania, Inc. 1 North Gate Square 02 Garden Center Dhve Greensburg, PA 15601 (724) 836-1290 Fayette CO. Community Action Agency, Inc. 137 North Boesch Avenue Uniontown, PA 15401 (724) 437-6050 OR 1.800-4274WFO American Red Cross---Hanover Chapter 529 Carlisle street Hanover, PA 17331 (717) 637-3768 . FAX,(717) 637-3294 Comnlunlty Action Commission of Daptial Region 1S14 Derry Street Harrisburg, PA 17104 (717) 232-8757 FAX (717) 234-2227 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9469 C= oriWestem PA 2000 Unglestown Road Harrisburg, PA 17102 (717) S41.1757 FAX (717) 541-4670 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (737) 334-8326 I;LtLTON Ct?UTX secitard-Fulton Housing Scrviaet R,De91, Box 384 Everell, PA 15537 (814) 6234129 FAX (814) 623.7187 Financial Counseling Services of Franklin / 31 West 3rd Street Waynesboro, PA 17266 (717) 762.3285 CCCS Ct Western Pennsylvania, Inc. 912 South George Street York PA 17403 (717) 946.4176 r•.w Nt--COUNTY A:tion Housing. Inc, 425 6th Avenue, Suite 950 Ptltsburpn. PA 15219 F 412) 391-1956 0' (412) 2BI-2102 AX (412) 391-4512 Mon-Valley Unemployed Committee 120 E. 9th Avenue Homestead, PA 16120 (412) 462.9962 FAX (412) 462-9964 Communhy Action Southwest 22 wart Nigh Street Waynesburg. PA 15370 (724) 852-2893 FAX (412) 627.7713 CCCS of Western Pennsylvania, Inc 1 North Gate Square 02 Garden Csntvr Dtive Greensburg, PA 15601 (724) 838-1290 ntr1.lT1NGDON COUNTY_ Bodlord-FW1on Housing Services RD 1. Box 384 Evaret4 PA 16537 (014) 62.9-9129 FAX (814) 623-7167 CCCS of Western Pennsylvania, Inc. 217 E. Plank Road Altoona, PA 16602 (814) 944-8100 FAX (014) 944.6747 Weatherizalion Office 917 Mtftlin Street Huntingdon, PA 16652 (814) 643-2343 (NpIAN UNTY CCCS of Western Ponnsylvania. Ina 1 North Gate Square #2, Garden Canter Drive Gfoanaburg. PA 156M (724) 83131290 Indiana Co. Community Action Program 827 Water Street, Box 167 Indiana. PA 15701 (724) A65-26V FAX (412) 465.5119 -_Keyatonc Economic Development . Corporation 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 FAX (814) S39-1688 t-r CCCS of Western PA 219-A College Park Plaza Johnstown PA 159D4 (81 d) 539.6•',.35 y ,rEPF£RSON CCUNN John F. Kennedy Center, Inc. 2021 East 201h; Stmel Erie, PA 16510' (814) 696-0400 FAX (814) 898.1243 CCCS of Western Pennsyivania, Inc YMCA Building 339 North Washington Street Butter, PA 16001 (724) 262-7812 Indiana County Community Action Program 827 Water StresL Box 167 Indiana. PA 15701 (724) 465.2657 FAX (412) 465.5118 OCT: 17, 2002Y10: 37AM FCCS of Weslem Pennsylvania, Inc 217 E. Plank Road Allodha PA 16802 (814) 944-8100 FAX (814) 944-5747 Weathertzation Office 917 MSHtin Street Huntingdon, PA 16652 (614) 643-2343 CCCS of Nonneastent Pennsylvania 31 W. Market Street P.O, 809 1127 Wikes-Barre, PA 18702 (570) 821-0837 OR 1-800-922-9537 FAX (570) 821.1785 1400 Abington Executive Park, Suite 1 Clarks Summits, PA 18411 (570) 587-9163 or 800-955-9537 FAX (570) 587-9134/0135 tANGa?R D NTY Community Housing Counselors, Incorporated P.O. Box 244 Kennett Square, PA 19348 (215) 4443682 FAX (215) 444-3178 CCCS of Lehigh Valley 3671 Crescent Court East Whitehall, PA 1 B062 (215) 821-4011 1-800.220-2733 FAX )(215) 182 08932 CCCS of Western Pennsylvania, Inc. 912 South George Street York, PA 17403 (717) 846-4176 Tabor Community SeNces, ins. 439 E. King Street Lancaster. PA 17602 (717) 397-5182 OR 1-800.788-5062 FAX (717) 399.4127 1 AwigF-?? CCCS of Westem Pennsylvania 1st Fedeeal Plaza-Suite 4D6 North Mbf Street New Castle, PA 16101 (724) 652.8074 312 Chestnut Street, Suits 227 Meadville PA 16335 1814) 333-8570 Shenan©a Valley Urban Ireague. Inc. 901 Indiana Avenue Farrell. PA 16121 (724) 961-S3TO Housing OpportuntGes of Beaver County 6150 Corporation St., Suite 207 Beaver, PA 15009 (724) 728.7202 FAX (412) 728-7202 N Economic Opportunity Cabinet of Schuylkbl County 225 North Contra Street Pottsville. PA 17901 (570) 622.1996 FAX (570) 622-0429 Tabor Community Services. Inc A39 E. King Street Lancaster, PA 17602 (717) 597-5162 OR 1-BOO-788.5062 FAX (717) 399-4127 NATIONAL CITY COCS of Lehigh vatfey 3671 Ciesoarlt Court East Whitehall, PA 18062 (610) 821.4011 OR 1.800-220-2733 (570) & (814) ONLY FAX (610) 921 -M2 Economic Opport Cabinet of Schuylkill Co 225 Norlh Centre Street Ponsville, PA 17901 (570) 622-1995 FAX (570) MZ-0429 },?yE cayrrrv CCCS of Northoutern Pertraylvanfa 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 16702 (570) 821.0837 OR 1-8011_922.2537 FAX (57D) 821.-1785 1400 Abington Executive Pert Suite 1 Clarks Summitt. PA 18411 (570) 587.8163 or 800.922-8537 FAX (570) 587-913419135 Comm, an Econ Opportunity of Luzeme County 163 Ambor Lone Wickes-Barre, Peripsylvarua 18702 (570) 826.0510 OR 1.900-822.0369 FAX (570) 829-1965--CALL BEFORE FAXING (57'0) 4554994 HAZELTON FAX (570) 455-5631-CALL BEFORE FAXING (570) 8364090 TUNKHANNOCK EOC of Schuylkill County 225 North Centre Street PottsyMe, PA 17901 (570) 922-1995 FAX (570) 622.0429 LYQDMING. COUNTY CCCS of Northeastern Pennsylvania 31 W. Market Street P.O. Box 1127 Wilkes-Barre, PA 18702 FAX)(670) 88371OR 144-922-9537 1400 Abington Executive Park Suite I Clarks Summits; PA 18411 (570) 587.9163 or.300-922.9537 FAX (S70) 567.9134/9135 201 Basin Street WilliaMSport, PA 17703 .:, (570) 3236627 FAX (570) 323-6626 Lycorrvng-Clnton Counties Commission For Communtty,Atlion (STEP) 2138 Lincoln Street P.O. Box 1328 WGllamspoA,. PA 17703 (510) 326.0587 FAX (570) 322-2197 WQOAN COIrNTY John F. Kennedy Center, Inc. 2021 East 201n Stroet Erie, PA 16510 (614) 898.0400 FAX (614) 898-1243 Northern Tier Community Action Corp P.O. Box 389. 135 w. 4th Street Emporium, PA 15834 F8AX)(8141 486.0825 MERCER QM Shenanga Natley Urban League. Inc, 601 Indiana Avenue Farrell. PA 16121 (774) 981-5310 CCCS of Western Pennsylvania. Inc; YMCA Buitdng 339 North Washington Street Butler, PA 16001 (*A) 282-7812 MIFFLIN COUNTY CCCS of Western Pennsylvania, Inc. 217 E. Plank Road Altoona PA 15602 (814) 044-8100 FAX (614) 944-5747 wealherizetion Office 917 MUOin Street Huntingdon, PA 18652 (814) 643.2343 CCCS of Northeastern PA 1831 S Atherton Si Suite 100 Slate College PA 16801 (814) 238-3668 FAX(814)23&3669 1NONRDF- COUNTY CCCS of Northeastern Pennsylvania 31 W. Market Street P.O. Box 1127 Mikes-Barre, PA 18702 (570) 821-0837 OR 1-B00-922-2537 FAX (570) 821.1785 1400 Abington Executive Park Subs 1 Clarks Summit PA 18411 (570) 587-9163 or'BOO-922-9537 FAX (S70) 587-9 1 3419 1 35 9 South 7th Street Stroudsburg PA 18360 (570)'420-89W 'or BOO-222-9537 FAX (570) 42D-8981 Comm on Econ Opp of Luzern County 163 Amber Lena Wilkes-Barre, PA 18702 (570) 626-0510 OR 1.800-822.0350 FAX (570) 829-1665-CALL BEFORE FAXING (570) 456-4994 HAZELTON FAX (S70) 455-5931--CALL BEFORE FAXING (570) 936.4090 TUNKHANNOCK y[ip?><t+r CDVrtTY Accra Housing Corporation 849 North Broad Street PNtadelptlla, PA 19130 (215). 765-1221 FAX (215) 765-1427 Northwest Couileei'v1H Service 5001'14. Broad Street Phtladelphla, PA 19141 (275) 324-7500 FAX (215) 324.8753 CCCS of Delaware Valley Norristown Business Center 190 W. Germantown Pike, Susto 140 Norristown PA 19401 (215)•5163.5885 , Community Action Development Comm 701 D&Kgtb Street Norristown, PA 19401 (610) 277-6363. FAX (610) 277.2123 CCCS of Delaware valley 1515 Markel Street, suite 1325 Phkdefphi4vPA 19107 (215) SGZ-5685 FAX (215) 864.2666 Community Housing Counselors Inc P.O..Box 244 Kennett Square, PA 19348 (215) 444-SM FAX (215) 444-8243 rrv. I L.i . - Media Febowship House 302 S. Jackson Street Moclia. PA 19063 (610) 565.0846 Phila Coundt For Community Advm 100 North 171h Street. Suns 600 Philadelphia, PA 19103 (215) 567.7803 FAX (215) 963-9941 American Credit Counseling instiluu 845 Caotes SL CoaterAlla. PA 19320 (888) 212.6741 144 E. Dekalb Pike King of Prussia PA 19406 (610) 971-2216 FAX (610) 265.4814 755 York Rd., Suik 103 Warminster PA 18974 (215) 444-DA29 FAX (215) 956.6344 MbN=QUR COUNTY CCCS of Northeastern Pennsylvanie 31.W Market Street P.O. Sox 1127 Wilkes-Barre, PA 18702 (570) 8?-1.0837 OR 1-800-922-9537 FAX (570) 821.1785 1400 Abington Executive Park, Suite 1 Clarks Summtt6 PA 18411 (570) 587.9163 or 800-922-9537 FAX (570) 587-9134MI35 )y0E ftf kffONPQUNTY CCCS of Lehigh Valley 3671 Crescent Court East Whitefia(l, PA 18052 (61.0) 821-4011 OR i-BOO-220-2733 (717) & (814) ONLY FAX (610) 821.8932 . LQVrlN !tsL71f efRL:ND CCCS of NaRhsaetern Pennsylvania 31 W, Markel Street P.O. Box 1127 Mikes-Barre, PA 18702 (570) 821-0837 OR 1-800-922.9537 FAX (570) 821.1785 1400 Abington Executive Park Suite 1 ' Clarks Summits, PA 18411 (57D) 587-9163 or 800.922-9537 FAX (570 587-913419135 -201 Basin Street Williamsport. PA 17703 (570) 323.6627 FAX (570) 223-6626 Er • --rnic Opportunity Cabinet of Schuylkill County 226 North Centre Streot Pottsviile,'PA 17901 (570) 622-1995 _ FAX (570) 622-D429 P9R CQ,4LU. CCCS of westom Pennsylvania. Inc 2000 L(nglestown Road Harrisburg. PA 17102 (717) 541.1757 FAX (717) 541.4670 Financial Counseling Sorvioes of Franklin 31 West 3rd Street Waynesboro. PA 172138 (717) 762.3235 urban League of metropolitan Harrisburg 2107 N.em Street harrisburg, PA 17101 (717) 234.5826 FAX (717) 234.9459 OCT~ 17 2I}D2 IO' 36AM NATIONAL CITY NU, 1610. 1. tV V -G r.nc %,UUPI r Y CCCS of Westem Pennsytvania, Inc. 717 Milhln Street CCCS of Northsas*ni Pennsylvania 219-A Coitege Park Plaza Hunt loclon. PA 16652 ' 31 W. Maukef Street. POB 1127 JotvWowrt PA 15904 (811) 643-2343 W 11401-Barre, PA 16702 (914) 639-6335 (S70) 621.0237 OR 1.800-M-9537 YWCA of Cattisle FAX4M) 821.1785 301 G Street Carlisle, PA 17013 (7 17) 24-4-3818 FAX (717) 243-3946 Community Action commission at The Capital Region 1514 Deny Street Harslsnurp' PA 17104 (717) 232.9757 FAX (717) 234-2227 PHt de EHIA C (Drrv Acorn Houaing Corporation 646 North Smad Street Philadelphia, PA 19130 (215) 765.1221 FAX (215) 765.1427 Northwest Counseling Service 5001 N Broad Street Philadelphla PA 19141 (215) 328-7500 FAX (215) 324.8763 CCCS of Delaware Valley 1515 Martial Street, Suha 1325 Philadelphia. PA 19107 (215) 563-6665 FAX (215) 864-2666) CCCS of De(sware Valley One Cherry MCI, Suite 215 Cherry Hill NJ D8002 (21S) 563-5665 RACE 167 W. Allegheny, 2nd F7 Philadelphia, PA 19140 (219) 826-8025 FAX (215) 426-9122 Housing Association of Delaware Valley 1600 Walnut Street, Suhe 801 Phftcetphia. PA 19102 (216) S45-6010 FAX (215) 790-9132 Media F•etlowst* douse 302 S. Jackson Streci Media PA 19063 (610) $85-0846 FAX (651) 565-8567 Housing Association of Dolawaro Valley 856 North Watts Street Phlladelphia, PA 19123 (215) 978-0224 FAX (215) 765-7614 PCCA 100 North 17TH Strect.Suite 800 Philadelphia, PA 19103 (215) 567.7803 FAX'(215) 963-9941 Comm Duval, Corp of Frankfort Group Ministry 4620 Griscom Street Philadelphia PA 19124 (216) 744-2990 FAX (215) 746-2012 American Crept Counseling Insihute 845 Coates St Coatosvilie PA 19320 (886) 212-6741 144 E Dakalb Pike ," of Pruaaia PA 19406 -610-971.2210 '610-971-2210 758 York Rd. Suite io3 Watmtn9ter PA 19974 FAX(215) 956-6344 1400 Abington Executive Park. Suite 1 Clarks Sesa+rrtirt PA 18411 (570) 587-0163 or 800-922-9537 FAX (570) 567.9 1 34191 35 9 South 71h Street Stroudsburg PA 1 8380 570) 420.8980 or 600422-9537 AX (670) 420.8981 Northern Tar Community Action Corp. 135 Weal 41h Street Emporium, PA 15634 (old) 486.1181 FAX (814) 486.0825 ,3r'1Jl YLISILL CQUNT Budget Counseling Center 247 North (fifth Street Reading, PA 19601 (610) 375.7866 FAX (610) 375-7630 Eton Opport Cabinet of SchuyWdl Co 225 N. Centre Street Poftyk. PA 17901 (570) 622.1995 FAX (570) 622-0429 Gamrnission on Soon Opplunlty of Luz Co. 193 Amber Lane Wilkes-Gonna PA'16702 (510) 826-0510-OR 1.8004122-0359 FAX (570) 629-1665. CALL BEFORE FAXING (570) 4554994 HAZELTON FAX (570) 455.6631--CALL BEFORE FAXING (570) 836.4090 TUNKHANNOCK CCCS of Lehigh Valley P.O. Box A Whhahal! PA 18052 (910) 821-4011 FAX (610) 821.8932 ?0.?trOUfV?Y CCCS of Western Pennsylvania, Inc 2000 L ingtestown Rand Harrisburg, PA 17102 (717) 541.1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg 2107 N. 6th Street Harrisburg PA 17101 17101 (717) 641.1757 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 perry Strout Harrisbutp PA 17104 (717) 232-9757 FAX (717) 234-2227 a??ll:i'?SrCll?V Bedlartd-Fulton dousing Serv(caa R.D.91, Box 364 EverW. PA 15537 (614) 523.9129 FAX (814) 623-7187 Bedford-Fulton Housing SaMcee 1964 Mary Grace Lane Johnstown."PA 16901 FAX (814) 539-1686 CCCS of Western Pennsylvania. inc. 1 North Gate SQuanit 92 Gordon Center Drive Groattsburg, PA 15601 (724) 838-1290 -Tableland Services Inc. 535 East Main Street Somerset, PA 15501 (814) 445.9628 - 1-BOD-452.0148 FAX (814) 443.3690 ct rt + 1ve a CO ?t1•r CCCS of Notttseastem Pennsyivanie wo Abington Exacx*ve PaK Sub 1 Claus Sumtnllt, PA 18411 FAX )(570) 567-13163 OR 9637 87-0134/9135 31, W. Market SL Wpkea-Barre PA 18702 FAX)(570 ) 2171785 800-922-9537 The Tranab Center of Notheastem PA 1e5 Elmira Street, P.O. Box 218 Troy, PA 16947 (570) 297-2101 . FAX (570) 297-2799 GermanStreet. P.O. Box 389 FAX(570)297-2799 (570) 928-9688 FAX (570) 928.81 Ad 17 Crafton Street WeLLsboro, PA 16901 (570) 724-5252 . FAX (570) 724-5783 931 Main Street Honesdale PA 16431 (570) 23;il-89d1 FAX (570) 2534817 103 Warren Street, P.O. Box 709 Tunkhan v3cIL'PA 18657 (570) 836-6640 FAX (570) 836.6:332 •7 Lake Avenue. Box 339 Montrose, PA 18801 (570) 276.3338 or 1400.982-4045 FAX (570),278-1889 susat:r>=NaNNa cou, t?rr CCCS of Northeastern Pannslyvania 1400 Abington Exacul'tve•Park, Suite 1 Clarks Stunmht, PA 18411 (570) 587.9183 OR 1.800.922-9537. FAX (570)-587-9134/9135 31 W. Market St. Wl ka%?Barre PA 18702 (570) 821-0837 ar 800-922-9637 FAX (570) 821-1786 The Trahab Carrier of Northeastern PA 185 Elmira Stroat, P.O. Box 218 Troy. PA 16947 (570) 2974101 FAX (570) 297-2799 German Street, P.O. Box 389 FAX (570) 297-2799 (570) 929-9668 FAX (570) 928.6144 17 Cration Street Weltsbaro, PA 16901 (570) 724.5252 FAX (57D) 724-5793 931 Main Street Honesdale PA 18X31 FAX ) (5270) 8233-4817 103 Warren Street, P.O. Box 709 TYnkhannock, PA 16657 (570) B-46-6640 FAX (570) 838-a= 7 Lake Avenue. Box 339 Morllrose. PA 18801 (S7 )(570)78 7 or 1-600-982.4045 FAX nr??(;otttYrr CCCS of NoMeastem Pemayivanta 1400 Abington Exemlive Palk Stft Clarks Smodt4 PA 18411 (S70) 5874163 OR 1-800-922.9537 FAX (57o) 587.913419135 31 W. Marital SL Wilkes-Barre PA 18702 ( FAX 70)(570)27 or 22.9537 The -rmcttab Center Of Northeastern PA 18'5 t:imina Stneiii, P-0. Box 218 Tray, PA 16947 (570) 297-2101 FAX (570) 297.2799 German Street, P.O, Box 389 FAX (570)297.2799 (570) 028.9668 FAX (570) 9211.8144 17 Cration Street Weltebero, PA 113901 (570) 724.5252 FAX (570) 724-5783 931 Main SIM61 Honesdale PA 18431 (6701 253.8941 FAX (570) 263-AB17 103 Warren Street, P.Q. Box 709r TunkharmooK PA 18557 (570) 536-0840 FAX (570) 836.6332 7 Lake Avenue, Box 339 Montrose. PA 18801 FAX)(27708'°123,98 7 889800-982.4045 N Inge C Cc Comm For Com Action (STEP) 2138 Lktcoin Street, P.O, Box 1328 WiCiiamspon, PA 17703 (570) 328-0587 FAX (717) 322-2197 CCCS of Western Pennsylvania. Inc 217 E. Ptah( Road Altoona PA 16602 (8- TA 944-8100 (814 944.8100 CCCS of Northeastern Pennsylvania 1400 Adngton Enallive Park. Suite 1 Curtis Summ10, PA 18411 567 FAX (57o)-2687-91163 OR Si W. Market SL Wilkes-Barre PA 16702 (S70) 821-0837 or 600.922-9537 FAX (57D) 821.1785 - 201 Basin Street Wfiltamspon, PA 17703 (570) 323-8627 FAX (570) 323.6626 9HAVGO C ILNT'u' Greater Erie Community Action Committee 18 West 9TH Street Erie, PA 16501 (814) 459-4581 FAX (814) 455.0151 John F. Kennedy Center, Inc 2021 Seat 20th SOMI Eric, PA 16510 (814) 896-0400 FAX (514) 89e-1243 OCT. 17. 2002PID.39AM,;x NATIONAL CITY Box 389 M r.. • . t t7uudtng FAX (570) 297-2799 North Wasitirtyton Street (570) 928-6668 Stiller, PA 16001 FAX (570) 928-81" (412) 287.7812 17 Crallon Street WaRRgN Co N17 Y WeGboro, PA 16801 Booker T. Washington Center (570) 724-5252 1720 Holland Street FAX (570) 724.5783 Erie, PA 16503 ' (814) 453.6744 931 Main Street FAX (B14) 453-5745 Honesdale PA 18431 (570) 253-8941 Greater Erie Community Action FAX (570) 253.4817 Commfaee 18 West OTH Street 103 Warren Street, P.O, Box 709 Eft, PA 16501 Tunkhannodc, PA 18657 (814) 459.4-561 (570) 836.61140 FAX (844) 456.0161 FAX (570) 836.6332 Warren-Forrest Counties Economic 7 Lake Avenue, Box 339 opportunity nity Montrose, PA 188 Council (570) 278333B or 1-800.962-4045 1209 Pennsylvania Avenue, West FAX (570) 278-1889 P.O. Box 547 Warren, PA Ines MMSTMOaneND r4U Action Housing, inc., (811) 726-2400 425 61h Avenue, Suite 2W FAX (814) 723-0510 PhMurgh, PA 15219 (412) 391-19% or (612) 281-2102 yyA9ttrNC70N-S OUNTY FAX (412) 391-4512 Action Housing, inc. 425 6th Avenue, Suite 250 Community Action Southwest Pittsburgh, PA 15219 z2 West High Street (412) 391-1956 or (412) 2812102 Waynesburg, PA 15370 FAX (612) 321.4512 (724) SSZ-2893 Community Action Southwest COOS of Western Pennsylvania, Inc, 22 West High Street 1 Nona Gate Square - Waynesburg. PA 1S37o 4'2 Garden Center Drive (724) 652.2893 Greensburg, PA 15601 24) 838.1290, (7 COOS of Western Pennsylvania, Inc. . 1 Norm Gala Square CCCS of Western Pennsylvania, Inc 02 Garden Center Drive 199 Edison Street Greensburg, PA 15601 Uniontown PA 15401 (726) 439-8939 CCCS of Western Pennsylvania, Inc 53 N. College Street Housing Opportunities, Inc Washington PA 15301 133 Seventh Street (724) 222.8222 McKeesport, PA 15132 (412) 6841580 Housing Opportunities, Inc FAX (A12)•66A-0873 133 Seventh Street McKeesport, PA 15132 Man-Valley Unemooyed Committee (412) 664.16$0 120 E. 9th Avenue FAX (412) 664-0873 Homestead, PA 15120 (412) 462.9962 Man-Valley Unemployed committee FAX (412) 462-9913 120 E. 9111 Avenue Hontaslead, PA 15120 hldena Co Cananur4ty Action Program (412)' 462-9962 827 Water Stra@t Box 187 FAX (412) 462-996 Indiaria, PA 15701 `MA) 485-2657 Credit Counselors or PA FAX (724) 485.5118 401 Wood Street, Suite 9o6 PitMburtgh, PA 15222 Keystone Economic Devoiopmoni (412) 338-9954 or 1(800) 737.2933 Corporalion FAX (412) 338-9963 1954 Mary Grace Lane Johnstown, PA 15901 WAYNE COl1NTY (814) 535.8556 CCCS of Northeastern PennsylvaNa FAX (914) 539-1888 14M Abington Executive Park,. Suite 1 Clarks Summitt, PA 18611 Taoleland Services Inc. -9163 922-9537 0 ) 6 535 1 5, ( 70) 567-91341913, FAX S omerset. PA 15501 (814) 445-%28 31 W. Markot St. 1.800452-0148 WikeR-Barn PA 18702 FAX (814)'443.3690 (570) 821.0837 or 800.922.9537 FAX (570) 821-1785 Credit Counselors of PA 9 Soutn 71h Street . 401 Wood Street. Suite 906 PfWaburgh, FA 15222 Stroudsburg PA 18350 (412) 338-9954 or 1(800) 737.2233 (570) d2D;a98o or 800-922-9537 FAX (412) 335.9963 FAX (570) 420-8981 Tice Trenab Conter of Nonheamern PA 185 Elmira Sir*%t, P.O. Box 218 Troy. PA 18947 (570) 297-2101 FAX (570) 297-2799 NO. 1219 Y, 11 WYOMI= 50 Common Ecotiorn Opponumty of Luteme Co 103 Amber Lane Wilkes-Barre, Pennsylvania 18701 (570) 62S-OS10 OR 1.804:822-0359 FAX (574) 829-1665-CALL BEFORE FAXING (570) 455-4994 HAZELTON FAX (570) 455.5631--CALL BEFORE FAXING (570) 836x090 TUNKHANNOCK CCCS of Nor0wastern Penrtsytvania 1600 Abington Exam" Park Suite 1 Clarks Surranitl, PA 18411 FAX )(S"587-9163 OR ) 567-9134!9135 ?29537 31 W. Markat S!. Wilkes-Barre PA 18702 (570) 821-0837 or 800-922-9537 FAX (570) 821.1785 The Trel-ab Canter of Northeastern PA 185 Elmira Street, P.C. Bose 218 Troy, PA 16947 (570) 297.2101 FAX (570) 297-2799 German Street. P.Q. Box 389 FAX(570)297-2799 (570) 926.9666 FAX (570) 928.8144 17 Cratton Street Weliaborp, PA 16901 (570) 724-6252 FAX (570) 724.5783 931 Main Street Honeadak PA 16431 (570) 74-3-8941 FAX (570) 2S3-4817 103 Warren Street, P.O. Box 709 Tunkhanaook, PA 18657 L570) 836.6840 FAX (570)1336-G= 7 take Avenue, 90x.We Montrose, PA 15901 FAX)(278 2 B 18898982.6045 jr,QRK QOUNTY Arniarican Red Cross-Hanovcr Chapter 529 Carlisle Street Hanover, Pennsylvania 17331 (717) 637-3788• FAQ (717) 637-3294 Housing•Counc9 of York 118 North George Street York. PA 17401 (717) 854-1541 • FAX (717).845-7934 CCCS of Western Pennsylvania, Inc 2000 linglestown Road Harrisburg, PA 17102 CCCS of Western Pennsylvamia, Inc 912 South George Street York, PA 17403 (717) 846.4176 Adams County Housing Authority 139-143 Carlisle St Gettysburg PA 17325 (717) 334-1518 FAX (717) 334.83 26 N. 4 . . .r V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDRE i-C S , P. C. BY: Attorney lfPlaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE '"LOUIS A. SIMONI, ESQUIRE 00 00 Su ?? m C-0 car, -,c SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05549 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CIO VS GARRETT RICHARD H ET AL 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 GARRETT KATHLEEN J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT 1709 EDGAR LANE CAMP HILL, PA 17011 , GARRETT KATHLEEN J DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 1D1,9 416? 9-- 21.00 Sworn and Subscribed to befo me this day of A. D. So answers- R. Thomas's Kline Sheriff of Cumberland County UDREN LAW OFFICES 10/07/2008 re SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CIO VS GARRETT RICHARD H ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GARRETT RICHARD H but was unable to locate Her deputized the sheriff of SNYDER in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 7th , 2008 , this office was in receipt of the attached return from SNYDER Sheriff's Costs: So answer --? Docketing 6.00 Out of County 9.00 - Surcharge 10.00 Thomas ;Kline Postage 3.21 Sheriff of'Cumberlarid County Dep Snyder County 35.00 /6 63.21 ? 1464lP` 10/07/2008 UDREN LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CIO VS GARRETT RICHARD H ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: GARRETT KATHLEEN J but was unable to locate Her deputized the sheriff of SNYDER in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On October 7th , 2008 , this officelwas in receipt of the attached return from SNYDER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 nn So answers': R! Thomas Kline Sheriff ofl Cumberland County r/ ia?e t?p y 16.00 10/07/2008 UDREN LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CIO VS GARRETT RICHARD H ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE Was served upon GARRETT RICHARD H the DEFENDANT at 1845:00 HOURS, on the 23rd day of September, 2008 at 1709 EDGAR LANE CAMP HILL, PA 17011 RICHARD H GARRETT a true and attested copy of COMPLAINT - MORIf FORE together with by (handing to and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge l0/0 18.00 15.00 .00 10.00 .00 43.00 So Answers: Sworn and Subscibed to before me this day of R. Thomas line 10/07/2008 UDREN LAW OFFICES By Deputy Sheriff A.D. In hand,. peril service to defendant only In The Court of Common Pleas of Cumberland County, Pennsylvania National City Mortgage Co VS. Richard H. Garrett et al SERVE: Richard H. Garrett Now, September 22, 2008 No. 08-5549 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Snyder County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Servicoe Now, 20 at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answerslll Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEA E AFFIDAVIT In hand, ?onal service to defendant only In The Court of Common Pleas of Cumberland County, Pennsylvania National City Mortgage Co vs. Richard H. Garrett et al SERVE: Kathleen J. Garrett No. 08-5549 civil. Now, Septffnber 22, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do I hereby deputize the Sheriff of Snyder County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA II Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Servico Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers,ll'I I I Sheriff o County, PA COSTS Sworn and subscribed before SERVIC $ me this day of , 20 MILEA E AFFIDA T SAVED DISK # 08-5549 MISC. DKT. BOOK # 33 PAGE # 618 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE CO. NO: 08-5549 Civil Term NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE VS RICHARD H. GARRETT KATHLEEN J. GARRETT AFFIDAVIT OF SERVI(JE AND NOW, October 3, 2008, I, Joseph S. Reigle, Jr., Sheriff of Snyder, County, Pennsylvania, being duly sworn according to law deposes and says that the above described Notice and Complaint in Mortgage Foreclosure was served upon Kathleen J. Garrett, named defendant, on October 3, 2008, at 10:10 A .M., at the Snyder County Sheriffs Office, 12 S. Main St., Middleburg, Snyder County, Pennsylvania, by personally handing to Kathleen J. Garrett a true and correct copy of the above described Notice and Complaint in Mortgage Foreclosure and that I made known to Kathleen J. Garrett the contents of the same. I hereby further certify and return the above described Notice and Complaint in Mortgage Foreclosure as NO SERVICE upon Richard H. Garrett. Address provided for defendant of 171 Vine St., Kreamer, Snyder County, Pennsylvania is not the correct address, defendants current residence is 1709 Edgar Lane, Camp Hill, Cumberland County, Pennsylvania. SO ANSWERS JOSEPH S. REIGLE, JR., SHERIFF SNYDER COUNTY, PA. SEPH S. REIGLE, JR., SHERIFF 1WEALTH OF PENNSYLVANIA OF SNYDER SS: AND SUBrfjIB BEFORE ME DAY OF (,Q 2008 arr??" DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. $ 23.00 Mileage 7.00 Notary 5.00 Deposit: $75.00 Receipt # 7850 TOTAL: $ 35.00 PAID TO COUNTY CHECK # REIMBURSED TO PET'T'Y CASH CHECK # I Refund: $40.00 Check # 5803 NATIONAL CITY MORTGAGE CO. 3232 Newmark Drive Miamisburg, OH 345342 Plaintiff VS. RICHARD H. GARRETT KATHLEEN J. GARRETT 1709 Edgar Lane Camp Hill, PA 17011 RICHARD H. GARRETT P.O. Box 219 Kreamer, PA 17833 Defendant(s) TO: Plaintiffs NATIONAL CITY MORTGAGE CO. c/o Louis A. Simoni, Esquire Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5549 CIVIL TERM CIVIL DIVISION NOTICE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. ---7 s'7 Dated: By: XrdSn D. Cunningham, Esquire PA Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: jcunningham2cc lawnc.com NATIONAL CITY MORTGAGE CO. 3232 Newmark Drive Miamisburg, OH 345342 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RICHARD H. GARRETT KATHLEEN J. GARRETT 1709 Edgar Lane Camp Hill, PA 17011 RICHARD H. GARRETT P.O. Box 219 Kreamer, PA 17833 Defendant(s) NO. 08-5549 CIVIL TERM CIVIL DIVISION DEFENDANT, KATHLEEN J. GARRETT'S, ANSWER WITH NEW MATTER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes your Defendant, Kathleen J. Garrett, by and through her counsel, Cunningham & Chernicoff, P.C., who files this Answer with New Matter and, in support thereof, avers the following: 1 1. The averments of Paragraph 1 are partially admitted and partially denied. It is admitted that the identity of the Plaintiff is the same as the Mortgagee. To the contrary, however, Defendant Kathleen J. Garrett is without knowledge or information sufficient to form a belief as to the truth of the averments regarding assignment of the mortgage and strict proof thereof, if relevant, is demanded at the time of trial. 2. The averments of Paragraph 2 are admitted. 3. The averments of Paragraph 3 are admitted. 4. The averments of Paragraph 4 are denied. To the contrary, Defendant Kathleen J. Garrett was advised by Defendant Richard H. Garrett at the time of a Support Master's Hearing that the mortgage payment for May 2008 had been made to the Plaintiff and the mortgage payment for June 2008 would be made. After reasonable investigation, Defendant Kathleen J. Garrett is without knowledge or information sufficient to form a belief as to the truth of the averment that the mortgage payments for May and June 2008, or any other payment, were not paid as such payment had been assumed by Defendant Richard H. Garrett. 5. The averments of Paragraph 5 are denied. To the contrary, Defendant Kathleen J. Garrett relied upon the representations made by Defendant Richard H. Garrett that he was and had been paying the mortgage payments due and owing in the months of May and June 2008. As to whether other payments were paid in a timely or reasonable fashion, Defendant Kathleen J. Garrett is without sufficient knowledge or information to respond and strict proof thereof, if relevant, is demanded at the time of trial. 2 6. The averments of Paragraph 6 represent conclusion of facts to which a response is not required. By way of further pleading, if it is later judicially determined that a response should have been filed, the attorney's fees set forth in Paragraph 6 are not reasonable as they are not reasonably related to the amount of work or skill necessary to initiate, prosecute and conclude a foreclosure action. 7. The averments of Paragraph 7 represent a conclusion of law or fact to which a response is not required. 8. The averments of Paragraph 8 are partially admitted and partially denied. It is admitted that the Defendant Kathleen J. Garrett received the Notice of Default and Act 91 Notice from the Plaintiff and/or its agents. The averment that the combined Notice met the provisions of the Pennsylvania Homeowners Emergency Mortgage Assistance Program, Act 91 of 1993 and Notice of Intention to Foreclosure under Act 6 of 1974 is a legal conclusion to which a response is not required. NEW MATTER 9. The averments of Paragraphs 1 through 8 of Defendant Kathleen J. Garrett's Answer to Complaint in Mortgage Foreclosure are incorporated herein by reference as if more fully set forth herein. 10. The attorney's fees being proposed to be paid based upon a percentage of principal due and owing do not accurately reflect a reasonable counsel fee and as such cannot be charged against the Defendant Kathleen J. Garrett. 3 11. The complaint for attorney's fees, since it does not set forth a reasonable attorney's fee, fails to state a cause of action upon which relief can be granted. 12. The Defendants have entered into an Agreement of Sale for the property which is the subject of this foreclosure action. The closing date for the sale is scheduled for December 3, 2008. 13. Defendant Kathleen J. Garrett has been advised by Defendant Richard H. Garrett that he provided notice to the Plaintiff of the proposed closing date, at which closing the entire principal balance, accrued unpaid interest, escrow overdraft, late charges, and reasonable counsel fees and costs will be paid in full. 14. As part of the Agreement of Sale, a $25,000.00 down payment was deposited by the purchasers. The terms and conditions of the Agreement of Sale provide that upon failure to close on the property on December 3, 2008, the entire $25,000.00 deposit will be forfeited. It is the intent of Defendant Kathleen J. Garrett that in the event of a default on the part of the purchasers of the property that the down payment be used to reinstate the mortgage, paying for unpaid interest, title reports, court costs, escrow overdrafts, late charges, and reasonable attorney's fees. 15. The amount of the down payment is sufficient to pay in full all of the damages being sought by Plaintiff in this action. WHEREFORE, Defendant Kathleen J. Garrett respectfully requests that judgment be rendered in favor of the Defendant against the Plaintiff, together with costs. 4 Respectfully submitted, COFF, P.C. Dated: By: K- of - r D. Cunningham, Esquire PA Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Attorneys for Defendant, Kathleen J. Garrett F:1HomelAHEWI7TIDOCSIG-IIGARRE7T, KATHLEENIFORECLOSUREACTIONIANSWER 102208.wpd Oct 24 08 09:08a WILLIAM A. WALTER VERIFICATION The undersigned verifies that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. K hleen J. Garre Dated: /O -,? 3 "Uf CERTIFICATE OF SERVICE I do hereby state that on the day of November, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Louis A. Simoni, Esquire Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Attorneys for Plaintiff Samuel L. Andes, Esquire 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Richard H. Garrett C" rt w UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 ?? LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION ::Cumberland County V. Richard H. Garrett Kathleen J. Garrett :NO. 08-5549 Civil Term Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: November 4, 2008 UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9/26/2008 Richard H. Garrett Kathleen J. Garrett Loan #0002002897 MJU #08090197-1 Itame Teresa S. Cl Title: Authorized Signer Company: National City Mortgage Q ai f.: M -G -4 CO UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF National City Mortgage Co :COURT OF COMMON PLEAS 3232 Newmark Drive :CIVIL DIVISION Miamisburg, OH 345342 :Cumberland County Plaintiff ;MORTGAGE FORECLOSURE V. Richard H. Garrett :NO. 08-5549 Civil Term Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY : Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Richard H. Garrett and Kathleen J. Garrett for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $236,210.44 Interest Per Complaint 2,023.01 From 9/13/08 to 11/4/08 Late charges per Complaint 172.94 From 9/13/08 to 11/4/08 Escrow payment per Complaint 1,398.08 From 9/13/08 to 11/4/08 TOTAL $239,804.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES, P.C. BY Z- ,Q't/1/1?0? Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : 110SI Og PRO PJMTHY UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #44302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE = ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEKA, ESQUIRE - ID #20 3437 LOU'10 A. SIMONI, ESQUIRE - ID #2008 69 ? WOODCREST CORPORATE,CENTER 111 WOODCREST ROAD, SUITE 200 »'f 20 CHERRY HILL, NJ 08003=36 ' 'r'Y . 856-669-5400 to =v pleadingo@udron.com =C: National City Mortgage Co :COURT OF COMMON PLEAS y = ri3 3232 Newmark Drive. :CIVIL DIVISION Mi.am i..sbur.g....... QH. _3.45342. .......... z . __..._ . ..: ? Plaintiff Cumberland County V. Richard H. Garrett Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 NO. d$ -- 5549 1...:i v i l -t em, Richard H. Garrett P.O. Box 219 Kreamer, PA 17833 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108Y,r {? ,if LF SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05549 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CIO VS GARRETT RICHARD H ET AL 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 GARRETT KATHLEEN J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 1709 EDGAR LANE , NOT FOUND , as to GARRETT KATHLEEN J CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers -?' 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 UDREN LAW OFFICES 10/07/2008 Sworn and Subscribed to before me this day of. A.D. 164 7 ?cC?-? (z1 oou SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CIO VS GARRETT RICHARD H ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT GARRETT RICHARD H but was unable to locate Her deputized the sheriff of SNYDER serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 7th , 2008 , this office was in receipt of the attached return from SNYDER Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Postage 3.21 Dep Snyder County 35.00 63.21 10/07/2008 UDREN LAW OFFICES Sworn and subscribe to before me this day of , to wit: in his bailiwick. He therefore So answ ,R: Thomas Kline Sheriff of Cumberland-County A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CIO VS GARRETT RICHARD H ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GARRETT KATHLEEN J but was unable to locate Her deputized the sheriff of SNYDER serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 7th , 2008 , this office was in receipt of the attached return from SNYDER Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 10/07/2008 UDREN LAW OFFICES Sworn and subscribe to before me this day of in his bailiwick. He therefore So answers -' R! Thomas Kline Sheriff of Cumberla-d County A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE CIO VS GARRETT RICHARD H ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GARRETT RICHARD H the DEFENDANT , at 1845:00 HOURS, on the 23rd day of September, 2008 at 1709 EDGAR LANE CAMP HILL, PA 17011 RICHARD H GARRETT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 15-00 4. Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 43.00 10/07/2008 UDREN LAW OFFICES Sworn and Subscibed to By: ?? y before me this day Deputy Sheriff of , A. D. In hand,. persoanal service to defendant only In The Court of Common Pleas of Cumberland County, Pennsylvania National City Mortgage Co vs. Richard H. Garrett et al SERVE: Richard H. Garrett No. 08-5549 civil Now, _ September 22, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Snyder County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ' OA dii! ? Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 2d , at o'clock M. served the within - upon at by handing to a copy of the original and made known to So answers, the contents thereof Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA In hand, personal service to defendant only In The Court of Common Pleas of Cumberland County, Pennsylvania National City Mortgage Co vs. Richard H. Garrett et al SERVE: K4,thleen J. Garrett No. 08-5549 civil Now, September 22, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Snyder County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SAVED DISK # 08-5549 MISC. DKT. BOOK # 33 PAGE # 618 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY MORTGAGE, CO, NO: 08-5549 Civil Term NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE VS RICHARD H. GARRETT KATHLEEN J. GARRETT AFFIDAVIT OF SERVICE AND NOW, October 3, 2008, I, Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, being duly sworn according to law deposes and says that the above described Notice and Complaint in Mortgage Foreclosure was served upon Kathleen J. Garrett, named defendant, on October 3, 2008, at 10:10 A.M., at the Snyder County Sheriffs Office, 12 S. Main St., Middleburg, Snyder County, Pennsylvania, by personally handing to Kathleen J. Garrett a true and correct copy of the above described Notice and Complaint in Mortgage Foreclosure and that I made known to Kathleen J. Garrett the contents of the same. I hereby further certify and return the above described Notice and Complaint in Mortgage Foreclosure as NO SERVICE upon Richard H. Garrett. Address provided for defendant of 171 Vine St., Kreamer, Snyder County, Pennsylvania is not the correct address, defendants current residence is 1709 Edgar Lane, Camp Hill, Cumberland County, Pennsylvania. SO ANSWERS JOSEPH S. REIGLE, JR., SHERIFF SNYDER COUNTY,,, PA. SEPH S. REIGLE, JR., SHERIFF COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER . SS: SWO T AND SUB D BEFORE ME ra DAY OF K. 2008 DEPUTATION BY: S14ERIFF OF CUMBERLAND COUNTY, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. S23.00 PAID TO COUNTY CHECK # Mileage 7.00 Notary 5.00 REIMBURSED TO PETTY CASH CHECK # TOTAL: $35.00 Deposit: S75.00 Receipt # 7850 Refund: $40.00 Check 4 5803 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID 04302 STUART WINERG, ESQUIRE - ID 45362 LORRAINE DOYLE, ES RS - ID #34576 ALAN K. xlnNATO, E$OUIRE - ID #75860 CHANDRA K. ARX3NA, ESQUIRE - ID #203437 LOUIS A. SIX0XI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 NOODCREST ROAD, SUITE 200 CHERRY SILL, NJ 08003 856-669-5400 nlaa galudran_,me National City Mortgage Co Plain iff V. Richard H. Garrett Kathleen J. Garrett Defendant(s) TO: Richard H. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Date of Notice: October 22, 2008 IXFORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-5549 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT M WITHOUT A HEARING AND YOU MAY LOSE YO{JR PROPERTY OR RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FOR CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAW AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO INFORMATION ABOUT AGENCfES THAT MAY OFFER LEGAL SER AT A REDUCED FEE OR NO FEE. LAWY R REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE YOU OW. THIS OFFICE IF YOU CANNOT DE YOU WITH TO ELIGIBLE PERSONS USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA SIN NECESIDAD DE COMPARARECER LISTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA DfCTAR SENTENCIA. EN MPORTANTES. SDEBE USTED PNOTIFICACCION BAEUUNN AB OOGADOSI ED ATAkENTE SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAMk POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE RJEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO TES FAIR DEEMED TO BE A DEBT COLLECTO INFORMATION OBTAINED WILL 82 stuart winneg, $s Lorraine Doyle, E: Alan M. Minato, E. Chandra M. Arkema, Louis A. Simoni, E Woodcrest Corporate 111 Woodcrest Road, I Cherry Hill, New Jersey PRACTICES ACT, THIS LAW FIRM IS ATTMPT TO COLLECT A DEBT. ANY sgVire 9 ire enter iite 200 08003-3620 UDREN LAN OFFICES, P.C. X 71R1C J. UDREN, ESQUIRE - ID 004302 STUART NIMM, ESQUIRE - ID *45362 LORRAINE DOYLE, ROQUIRS - ID 134576 ALAN M. KINATO, X QUIRE - ID 175860 CEANDRA X. ANEMIA, ESQUIRE - ID 8203437 LOUIS A. SIMONI, ESQUIRE - ID 8200869 MOODCREST CORPORATE CENTER 111 NOODCREST ROAD SUITE 200 CHERRY BILL, NJ 08503 856-669-5400 p laadir???udrsn _ et?n National City Mortgage Co = Plain iff V. Richard H. Garrett Kathleen J. Garrett Defendant(s) TO: Kathleen J. Garrett 1709 Edgg r Lane Camp Hill, PA 17011 Date of Notice: October 22, 2008 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-5549 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR, OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YO{JR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IXPORTANTE USTED SE ENCUENTRA EN ESTADO.DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA SIN NECESIDAD DE COMPARARECER'USTED EN CORTE O ESCUC M PREUBA ALGUNA DfCTAR SENTENCIA EN SU CONTRA USTED PUEDE PERDER BIENES Y OTROS DERECHOA IMPORTANTES. DEBE LLBAR ESTA NOTIFICACION A UN ABOGADO IMMEDIHMENTE ST USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE •PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAMA POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE P{JEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAN FIRK IS COLLE INFORMATIONEOBTAINED WILL`H?USED ?PTBAT P APOSZ. TO COLLECT A DEBT. ANY 4W ne DOyle, Ea quire Minato, Es ire M. Arkema, squire Louis A. 5i.moni, us ire Woodcrest Corporate enter 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAN OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WIN1XZG, ES VIRE - ID #45362 LORRAINE DOYLE, QUIRE - ID 34576 ALAN M. 1[INATO, ESQUIRE - ID 79860 CHANDRA X. ARXZKA, ESQUIRE - ID #203437 LOUIS A. BMW NI, ESQUIRE -.ID #200869 NWOODCREST CORPORATE CENTER 111 NOODCREST ROAD SUITE 200 CHERRY RILL NJ 08503 856-669-5405 National City Mortga Co Plaingaiff V. Richard H. Garrett Kathleen J. Garrett Defendant (s) TO Kathleen J. Garrett 171 Vine Street Kreamer, PA 17833 Date of Notice: October 22, 2008 YOU ARE IN DEFAULT BECAUSE PERSONALLY OR BY ATTORNEY ; OR OBJECTIONS TO THE CLAIMS TEN DAYS FROM THE DATE OF 7 WITHOUT A HEARING AND YOU H RIGHTS.YOU SHOULD TAKE THIS HAVE A LAWYER GO TO OR TELE CAN PROVIDE YOU WITH INFORM AFFORD TO HIRE A LAWYER TE INFORMATION ABOUT AGENCfES AT A REDUCED FEE OR NO FEE. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-5549 Civil Term U HAVE FAILED TO ENTER A WRITTEN APPEARANCE FILE IN WRITING WITH THE COURT YOUR DEFENSES ET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN S NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU LOSE Y06R PROPERTY OR OTHER IMPORTANT APER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ONE THE OFFICE SET FORTH BELOW. THIS OFFICE ION ABOUT HIRING A LAWYER. IF YOU CANNOT OFFICE MAY BE ABLE TO PROVIDE YOU WITH AT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA SIN NECESID SENTENCIA EN SUMCA? AECEUSTEDEPUEDECPERDER BIENES Y OTROOSDERALG E HOSE DfCTAR IMPORTANTES. DEBE LLkW ESTA NOTIFICACION A UN ABOGADO IMMBDIATM4ENTE SI USTED NO TIENE ABOGADO 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAM1§ POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE RMDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR-DEBT-COLLECTION PRACTICES ACT, TRIO LAN FIRES IS DEEMM TO BE A DEBT COLLE S "lQ1U'9 ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL USED T POSE. s ire Stuart inne_g, Esquire Lorraine Doyle, Esquire Alan M. Min to, Es ire Chang xa M. ArVema , E-squire Louis A. Simoni, Esc?uzre Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 7 r UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - STUART WINNEG, ESQUIRE - LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUI; LOUIS A. SIMONI, ESQUIRE ID #04302 ID #45362 - ID #34576 - ID #75860 RE - ID #203437 - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 National City Mortgage Co 3232 Newmark Drive Miamisburg, OH 345342 Plaintiff V. Richard H. Garrett Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Richard H. Garrett P.O. Box 219 Kreamer, PA 17833 Defendant(s) STATE OF OHIO COUNTY OF MONTGOMERY SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the military or Naval Service of the United States of America or its Allies as defined in the soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age: Residence: Employment: ..q, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO . 0 -?k,,j q c - v ( T) ?j,1 AFFIDAVIT OF NON-MILITARY SERVICE Richard H. Garrett Over 18 As captioned above Unknown Kathleen J. Over 18 As captioned Unknown Sworn to and subscribed before me this 26 day of September 2008. --Motary Public Garrett abov so- IF - _q F Teresa S. Clgpp Title: Authorized Signer Company: National City Mortgage Co. LORI ANN WYSONG, Notary Public In and for the State of Ohio My Commission Expires Jan. 29, 2009 r ' 1 f: 3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 ` STUART WINNEG, ESQUIRE - ID #45362 1 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett €NO. 08-5549 Civil Term Kathleen J. Garrett Defendant(s) TO: Richard H. Garrett 1709 Edgar Lane Camp Hill, PA 17011 NOTICE ou are Pursuant to Rule 236 of the Supreme Court of Pe4* hereby notified that a Judgment has been entere in the above proceeding as indicated below. 61 x Judgment by Default Money Ju Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 'STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co `:COURT OF COMMON PLEAS Plaintiff 'CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett Kathleen J. Garrett NO. 08-5549 Civil Term Defendant(s) TO: Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 NOTICE Pursuant to Rule 236 of the Supreme Court of Penn ylvania, ou are rot ono ary x Judgment by Default ATTORNEY Mark J. Udren, Esquire hereby notified that a Judgment has been entere g in the above proceeding as indicated below. Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 `STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. =Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett Kathleen J. Garrett :NO. 08-5549 Civil Term Defendant(s) TO: Kathleen J. Garrett 171 Vine St. Kreamer, PA 17833 NOTICE Pursuant to Rule 236 of the Supreme Court of Pe ylvani , you are hereby notified that a Judgment has been enter g u in the above proceeding as indicated below. of ar x Judgment by Default Money Ju Judgment Judgment Judgment Judgment Judgment 3gment in Replevin for Possession on Award of Arbitration on Verdict on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF DARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett NO. 08-5549 Civil Term Kathleen J. Garrett Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $239,804.47 Interest From 11/5/08 4,580.40 to Date of Sale March 4, 2009 Ongoing Per Diem of 38.17 to actual date of sale including if sale is held at a later. date (Costs to be added) $ UDRErjWPIYl NLAW OFFICES,, P.C. BY: Q ) J,4?G Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE S s"U'? t og Q$o qy R? 0 0 v - c, .Rw r _ ? ? ?t c UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK. J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co :COURT OF COMMON PLEAS Plaintiff ?CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett :NO. 08-5549 Civil Term Kathleen J. Garrett Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. Ii. The Defendant(s) own the property being exposed to sale as: A. An individual X B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE c? t. fl w l r ; UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co =COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett :NO. 08-5549 Civil Term Kathleen J. Garrett Defendant(s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE `? ?? f?... t7-3 ...t Sri-' S ? :? t ' ? '.;.' -:r Wf ,?3?,y? j (f? . ` r ? r ' ?^ `r? I UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co :COURT OF COMMON PLEAS Plaintiff ;CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett ?NO. 08-5549 Civil Term Kathleen J. Garrett Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1709 Edgar Lane, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Address Richard H. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 171 Vine St. Kreamer, PA 17833 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address National City Mortgage Co 3232 Newmark Drive Miamisburg, OH 345342 6750 Miller Road Brecksville, OH 44141 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1709 Edgar Lane Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: November 4, 2008 UDR/E?N? jL?,AW OFFICES, P.C. (?? ?y BYt A V.( ny?I /.7 ?' l?'iI?I a-" Attorneys for 151fiintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE h^? ?... ; t...:.? ? rv ? 'ti 1 ? 7 C? ?+ ..?! " ??-? S ? M _ z Y '..f ?..., ^ .. ? y _. ?' '. _ f ??i J? --- L.'" ? ..? ? ? % s - ?? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 i STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co Plaintiff V. Richard H. Garrett Kathleen J. Garrett Defendant(s) :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE :NO. 08-5549 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Richard H. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Your house (real estate) at 1709 Edgar Lane (Lower Allen Township)Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $239,804.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co 'COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. =Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett €:NO. 08-5549 Civil Term Kathleen J. Garrett Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Your house (real estate) at 1709 Edgar Lane(Lower Allen Township)Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $239,804.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER 'a RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. l 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 t LORRAINE DOYLE, ESQUIRE - ID #34576 ` ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co Plaintiff V. Richard H. Garrett Kathleen J. Garrett Defendant(s) :COURT OF COMMON PLEAS ;CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE :NO. 08-5549 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathleen J. Garrett 171 Vine Street Kreamer, PA 17833 Your house (real estate) at 1709 Edgar Lane(Lower Allen Township)Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $239,804.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold Is to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQU ATTORNEY FOR PLAINTIFF - ID #04302 - ID #45362 ID #34576 ID #75860 IRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Dleadinas@udren.com National City Mortgage Co Plaintiff V. Richard H. Garrett Kathleen J. Garrett Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-5549 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Richard H. Garrett and Kathleen J. Garrett PROPERTY: 1709 Edgar Lane, Camp Hill, PA 17011 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 4, 2009, at 10:00 A.M., at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5549 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From RICHARD H. GARRETT and KATHLEEN J. GARRETT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 239,804.47 L.L. $.50 Interest from 11/05/08 to Date of Sale 3/04/09 Ongoing Per Diem of $38.17 to actual date of sale including if sale is held at a later date - $4,580.40 Atty's Comm % Due Prothy $2.00 Atty Paid $262.21 Other Costs Plaintiff Paid Date: 11/04/08 _ urtis Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF udren.com pleadings* National City Mortgage Co € COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff Cumberland County V. Richard H. Garrett Kathleen J. Garrett € NO. 08-5549 Civil Term Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT KATHLEEN J. GARRETT ONLY Plaintiff, National City Mortgage Co, by its Attorneys, Udren Law Offices, P.C., respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, Plaintiff (moving parry) is entitled to Judgment as a matter of law. 2. Defendant Kathleen J. Garrett filed an Answer to the Complaint in which Defendant effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendant owned the premises being foreclosed without making a mortgage payment for an excessive period of time. 4. Defendant admits outright, and/or in part, paragraphs 1, 2, 3, and 8 of the Complaint, thereby admitting, inter alia, that Defendant is the real owner and mortgagor of the within mortgaged property. Although Defendant purports to deny and/or fails to deny, in whole or in part, specifically or by necessary implication, the averments contained in paragraphs 1, 4, 5, 6, 7, and 8 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. The Pennsylvania pre-foreclosure Act 6 Notice is not required as the Defendant's original principal balance on the Mortgage is greater than $50,000.00. 41 P.S. Section 101, et seq. See Exhibit "A" attached hereto (Mortgage). 7. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.401c, et sue.). 8. With respect to the Defendants' response to paragraph 1 of the Complaint, the Plaintiff is the proper and legal holder of the mortgage on the subject property. See Exhibit "A" attached hereto (Mortgage). 9. With respect to Defendant's response to Paragraphs 4 and 5 of the Complaint, Defendant lives in the subject premises, and clearly, Defendant is cognizant of whether payments have or have not been tendered as required by the said Mortgage. Therefore, she cannot rely on a "lack of knowledge" to support her denial of paragraph 4 and 5 of the Complaint. Defendant's Mortgage account is in default and due and owing for the period June 2008 to date. The amounts due were set forth in the Complaint, and are updated in the instant Motion. See Plaintiffs Affidavit in Support of the Motion. 10. Defendant's New Matter does not offer any genuine issue as to any material fact, is irrelevant and immaterial, and contains mere conclusions of law. 11. Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22) to charge the Defendant attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. 12. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total amounts due and owing, which sums can be calculated from the face of the Complaint, are as follows: Principal of debt due and unpaid Interest at 6.375% from 5/1/08 to 11/27/08 (the per diem interest accruing on this debt is $38.17 and that sum should be added each day after 11/27/08) Title Report Court Costs (anticipated, excluding Sheriffs Sale costs) Escrow Overdraft (Taxes Paid) Late Charges Property Inspection Attorney's Fees (anticipated and actual to 5% of principal) TOTAL 5218,532.62 7,958.08 325.00 280.00 823.13 259.41 36.00 10.926.63 $239,140.87 WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendant, Kathleen J. Garrett, in the amount of $239,140.87, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property; and, that Defendants' New Matter be denied and dismissed with prejudice. Respectfully submitted, UDREN LAW OFFICES, P.C. MARK J: _U N; ESQUIRE STUART W EG, ESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a)udren.com National City Mortgage Co € COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff '- Cumberland County V. Richard H. Garrett NO. 08-5549 Civil Term Kathleen J. Garrett Defendants PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1. STATEMENT OF FACTS Plaintiff filed the instant action in mortgage foreclosure against the Defendant for her failure to make mortgage payments pursuant to a Mortgage entered into between the parties. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A". II. STATEMENT OF THE QUESTION INVOLVED Where there are no genuine issues as to any material fact, should Summary Judgment in Mortgage Foreclosure, as a matter of law, be granted in Plaintiffs favor where the Defendant herein is in default on her Mortgage for failure to make payments for an excessive period of time? SUGGESTED ANSWER: YES III. ARGUMENT Pursuant to Pa.R.C.P. 103 et IM., "Motion for Summary Judgment", any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action.... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary Judgment may be entered against a party who does not respond. In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that: Partial Summary Judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendant essentially admits the material facts set forth in the Complaint, which include, inter alia, the existence of the loan evidenced by the Note and Mortgage executed by the Defendant; that after demand, Defendant failed, and continues to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendant is in default on the Mortgage. Defendant's Mortgage account is due contractually for the period June 2008 to date, a period of six (6) months to the time of filing of this Motion. Thus, Defendant is essentially able to live in the mortgaged premises for free. As a result of Defendant's nonperformance, the present action was filed, and, as of this date, Defendant has failed to bring the account current. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). (Subsections 1029(d) and 1029(e) have been omitted for purposes of the within Motion only). It is clear that the Answer to the Complaint is a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary Judgment. Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 1, 4, 5 6, 7 and 8 of the Complaint, Defendant has admitted these averments. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); New York Guardian Mortgage Corp. v. Dietzel, 362 Pa.Super. 426, 524 A.2d 951 (1987). Defendant's Answer admits paragraphs 1, 2, 3, and 8 of the Complaint outright and/or in part, thereby admitting, inter alia, that Defendant is the real owner and mortgagor of the within mortgaged property. Defendant purports to deny, in whole or in part, the averments contained in paragraphs 1, 4 and 5 of the Complaint as merely statements regarding Defendant's "lack of knowledge". It is well settled that an Answer is unacceptable and an admission where it is clear that the Defendant has adequate knowledge or that the means of obtaining information are within the Defendant's control. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978); Goodrich-Amram 2d Section 1029(c)(1) P. 280. Defendant's denial in paragraphs 6, 7, and 8 of the Answer is a mere assertion of a "conclusion of law", which provides no defense thereto as the denial is to an averment that offers factual situations of which the Defendant has knowledge, and therefore is an admission. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995). The sums due Plaintiff are easily calculable under the terms of the Mortgage, the contents of which are clearly within Defendant's knowledge and control, and Defendant has totally failed to tender a payoff or a reinstatement of the sums due to date. See Plaintiffs Affidavit in Support of the Motion. Since Defendant has the knowledge of, and the means necessary for obtaining the denied information, including the total sums due, the denials are, in fact, admissions. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). With respect to Defendant's response to Paragraphs 4 and 5 of the Complaint, Defendant lives in the subject premises, and clearly, Defendant is cognizant of whether payments have or have not been tendered as required by the said Mortgage. Therefore, she cannot rely on a "lack of knowledge" to support her denial of paragraph 4 and 5 of the Complaint. Defendant's Mortgage account is in default and due and owing for the period June 2008 to date. The amounts due were set forth in the Complaint, and are updated in the instant Motion. See Plaintiffs Affidavit in Support of the Motion. With respect to Defendant's denial of paragraph 7 of the Complaint, Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22) to charge the Defendant attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. The Pennsylvania Courts have concluded that 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees. See Federal National Mortgage Association v. U.S.A., 33 Pa.D.&C. 3d 152,156 (1982); Federal Land Bank of Baltimore v. Few , 260 Pa.Super. 455, 410 A.2d 344 (1979). Under the circumstances, the attorney's fee recited herein is reasonable. The Pennsylvania pre-foreclosure Act 6 Notice is not required in the present matter. The Act 6 Notice of Intention to Foreclose (41 P.S. Section 101, et seq.) is only required when the original bona fide principal amount of the mortgage is Fifty Thousand Dollars ($50,000.00) or less. The original bona fide principal amount of the subject Mortgage is in excess of $50,000.00. See Exhibit A attached hereto (Mortgage). Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.401c, et secs.) The Pennsylvania pre-foreclosure Act 91 (35 P.S. Section 1680.403c, et seq.) states: "Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at his or her last known address the notice provided in subsection (b)...." At the time Plaintiff sent Defendant(s) the statutory combined pre-foreclosure Notice, Defendant's last known address was the mortgaged premises. Plaintiff (mortgagee) properly sent Defendant(s) the Notice to this address, as evidenced by the true and correct copy of the Notice attached to the Complaint as Exhibit A. In this respect then, it should be noted that Defendant's Answer effectively admits every allegation of the Complaint. Defendant's New Matter does not offer any genuine issue as to any material fact, is irrelevant and immaterial and consists of mere conclusions of law. The New Matter does not set forth factual grounds precluding Defendant's obligation to pay the Mortgage, and therefore, it should be rejected by the Court. IV. CONCLUSION The allegations ofthe Complaint are, in fact, uncontroverted. As set forth above, Defendant's Answer and New Matter have been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action per se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff (moving party) is entitled to Summary Judgment as a matter of law. Respectfully submitted, UDREN LAW OFFICES, P.C. r y r BY: MARK J. UD QUIRE STUART WINNEG, ESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff l AV ?. 1a I Prepared By; GEORGIANNA RANDALL National City Mortgage Co. 1403 Corporate Center Parkway Santa Rosa Ca 95407 Parcel Number: DEFINITIONS zF-47 7 ??53 J J :;;I}rOt_R OF DEEDS ?fLeRLAND COUNTY-,,1 i 3 Nfl)9 31 H17 11 `17 Return To: NATIONAL CITY MORTGAGE CO P.O. Box 8800 Dayton, OR 45401-8800 [Space Above This Line For Recording Data] MORTGAGE 0002002897 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 8, 2003 , together with aU Riders to this document. (B) "Borrower" is RICHARD H GARRETT and KATHLEEN J GARRETT Husband and Wife Borrower is the mortgagor under this Security Instrument. (C) "Lender" is National City Mortgage Co. Lender is a corporation PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 4Z6(PA) boos! Papa 1 01 16 0tials: ?(L I 1 VMP MORTGAGE FORMS - (600)621-7 91 (//J I ?lI7 8KIBorpG0593 EXHIBIT A organized and existing under the laws of The State of Ohio Lender's address is 3232 Newmark Drive, Miamisburg, Ohio 45342 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated March 8, 2003 The Note states that Borrower owes Lender TWO HUNDRED FIFTY NINE THOUSAND ONE HUNDRED FIVE & 00/100 Dollars (U.S. $ 259,105.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2028 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider ? Other(s) [specify] X OCCUPANCY RIDER (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means 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 institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine trattsactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous 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: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "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 (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Initials: )?j?J?/ 4(W6(PA) (oooe) Papa 2 of 16 v Form 3039 1104 8K 1803°G0594 i (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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 Security Instrument, "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 Borrower" means any party that has taken tide to the Property, whether or not that party has assumed Borrower's obligations tinder the Note and/or this Security Instrument. 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 (ii) 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 following described property located in the County ['hype of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdiction]: it BIT A ATTACHED which currently has the address of 1709 EDGAR LANE, CAMP HILL ("Property Address"): [Street] [City], Pennsylvania 17011 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the M®6(PA) toooe) Initial.: ?? 1)? Page 3 of 16 "Form 3039 1101 9KI803PC0595 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, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. 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, as selected by Lender. (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, instrumentality, or entity; or (d) Electronic Funds Transfer. 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 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise describer) in this Section 2, all payments accepted and applied by Lender 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 payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent 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 extent that, each payment can be paid in Initials B(RA) (oooe) Papa 4 of 16 TT?? ( Form 3039 1101 t 8is0??6 QK 3K full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds 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 Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance requited by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower 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 waives Borrower's obligation to pay the Funds for any 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 any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall 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 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time speed under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest 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 on the loltlale tt(PA) (oooa) Pape 5 of le *,tn 3039 1101 $ 6 IJ63 tM Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there 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 up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency 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 up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and 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 items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement 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 concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. 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. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern "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 Lender requires. What Lender requires pursuant to the preceding sentences can change during the tern of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time 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. Initials: (Z®B(PA) tolloat Page s of 16 1 Form 3039 1101 D r ;l - j ?>A _5 1 1v [v 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 obligation 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 and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and 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 requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, 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, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work 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 earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall 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 Property, Larder 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 carrier has offered to settle a claim, then Larder may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 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 insurance 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. Inhlalc: /? {? B(PA) (0008) Papa 7 of 18 - Form 3030 1101 BKI803PG0599. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance 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 economically 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 taking 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 completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower'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 cause, 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. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly 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 may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leander may do and pay for whatever is reasonable or appropriate to protect Lender's 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 sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, 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 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. (Wti(PA) (oooe) Papa a of is is/ kpWorm 3099 1101 BK 1,803PG060 0 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date 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 lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage. ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not- be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 14 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage 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. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insure and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Leander takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Infllals• ( 8(PA) (0006) Pape O of 16 ffv Form 3039 1101 803P%Ob01 BK 1 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lander. 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 feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement 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 Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or bender's security would be lessened, the Miscellaneous 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 Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total tatting, destruction, or loss in value of the Property, the Miscellaneous 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. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Larder 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 of to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes 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, whether civil or criminal, is begun that, in 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 Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of ®® G(PA) toooe) Pepe 10 of 16 Inhlals ofForm 3039 1/01 ? BK 1 8gy 0602 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall 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. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower 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 Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or 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 then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the teens of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument 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 20) and benefit the successors and assigns of Lender. 14. 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, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express 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 loan 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 refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Inftlab• (®6(PA) rooogr Page 11 of 16 ?(/ Form 3038 1101 OK ! 803P60603' 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must 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 address if sent by other means. 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 procedure. There 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 Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be doomed to have been given to Lender until actually received by Lender. 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 16. Governing Law; Severability; Rules of Construction. 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 requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment 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 part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferrer!) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior 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 sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all in '?? ®®B(PA) (0008) Page 12 of 16 nlala I?f/' porm 8039 1/01 BK18o3PG0604 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (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, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Seavicer") 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 Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change 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 Services other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Services or be transferred to a successor Loan Smv= and are not assumed by the Note purchaser unless otherwise provided by the Note purchases. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) 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 Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party 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 paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental cleanup,, includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Initials ®®B(PA) (0006) Pape 13 of 16 tkarm 3039 1101 BK 18.03PG0605, 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 shall 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 Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates 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 Substances that are generally recognized to be appropriate to normal residential uses and to 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, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous 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 shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lewder further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release- Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument. but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. lfrm 6(PA) (oooa) Page 14 of 16 mnt:1. 3039 1/01 B4t 1803PG060& BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: i ??11 (Seal) RICHARD H GAIffETT -Borrower ®o8(PA) (oooe) BKI803PGO607 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) KATHLEEN J UP$ZTT -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 15 of 16 Form 3039 1101 Certificate of Residence I, the correct address of the within-named Mortgagee is Witness my hand this day of do hereby certify that Agent of Mortgagee COMMONWEALTH OF PENNSYLYAMA, (," 6" County ss: On this, the IT-11- day of -67 ? 3 , before me, the undersigned officer, personally appeared R U"0- L} ??,,n# k ? ?,?.i,„ tcca, ,? • !sw rt#? known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/shOihgy executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: S' .?l -c;- -0 Title of Officer Page Is of 18 BK ! 803PG064,9' ???i?GCG lnltfab• e/ *Form Form 5089 1/01 I PRELIMINARY TITLE TO INSURE TS Ceder No.: 10-00010551 Exhibit A ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE DIVIDING LINE BETWEEN THE LOT HEREIN AND LOT NUMBER 3 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAME NORTH 25 DEGREES 34 MINUTES 48 SECONDS WEST 258.03 FEET TO A POINT ON THE SOUTHERN DEDICATED RIGHT OF WAY LINE OF CEDAR CLIFF DRIVE; THENCE ALONG SAME NORTH 80 DEGREES 07 MINUTES 10 SECONDS EAST 1,80 FEET TO A POINT IN THE DIVIDING LINE BETWEEN THE LOT HEREIN AND LOT NUMBER 5 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAME SOUTH 18 DEGREES 05 MINUTES 10 SECONDS EAST 216.48 FEET TO A POINT ON THE NORTHERN SIDE OF EDGAR LANE; THENCE ALONG SAME, SOUTH 67 DEGREES 18 MINUTES WEST 145 FEET TO A POINT THE PLACE OF BEGINNING. CONTAINING.88 ACRES, MORE OR LESS BEING LOT NUMBER 4 ON THE PLAN OF THE CLIFFS AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 24, PAGE 103. APN: 13-24-0807-217 TS Order Number: 10-00010551 I Certify this to be recorded I11 Cumberland County PA CA, I, f, i 1 O Recorder of Deeds B? 1803PG0609 I V& 3%4J%S 111B7: MORTGAGE Between: Richard H. Garrett and Kathleen J. Garrett And: National City Mortaage Mail To: Title Stream 2081 Hutton Drive, Suite 201 Carrollton, Texas 75006 I DO HEREBY CERTIFY THAT THE PRECISE RESIDENCE IS: 1709 Edgar Lane CM Hill, PA 17011 BORROWER OCCUPANCY RIDER This Borrower Occupancy Rider is made this 8th day of March 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure said borrower's Note to National City Mortgage Co., 3232 Newmark Drive, Miamisburg, Ohio 45342 (the "Lender") of the same date and covering the property described in the Security Instrument and located at: CAMP HILL, Pennsylvania 17011 Additional Covenants. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: j BORROWER OCCUPANCY COVENANT Borrower agrees to occupy the property as borrower's principal residence within sixty (60) days after the date of the Security Instrument. If Borrower does not so occupy the property, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by law as of the date of the Security Instrument. By signing below, Borrower accepts and agrees to the terms and covenants contained in this Borrower Occupancy Rider. AMA) 4A 4. 0"-alm orrower rrower Borrower Borrower Borrower Borrower Borrower Borrower OCCROER .BK 1803PG0610 a? f VERIFICATION The undersigned attorney, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his/her information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. _ Dated. ) d N 0 ? BY:' 4 MARK J. UDRtNh - UIRE STUART WINNEG, ESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff 4' UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 ATTORNEY FOR PLAINTIFF 856-669-5400 pleadings ,udren.com National City Mortgage Co COURT OF COMMON PLEAS Plaintiff € CIVIL DIVISION V. Cumberland County Richard H. Garrett Kathleen J. Garrett NO. 08-5549 Civil Term Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that I served or caused to be served true and correct copies of Plaintiffs Motion for Summary Judgment and Brief in Support upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: November a GA, 2008 TO: Jordan D. Cunningham, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Defendant Kathleen J. Garrett UDREN LAW OFFICES, P.C. Richard H. Garrett P.O. Box 219 Kreamer, PA 17833 Non-Answering Defendant MARK J. UDRE E STUART WINNEG, ESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER Ill WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsna,udren.com National City Mortgage Co Plaintiff V. Richard H. Garrett Kathleen J. Garrett Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-5549 Civil Term PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 9. This averment does not require a response. 10. Denied. This averment is denied as a conclusion of law to which no response is required. 11. Denied. This averment is denied as a conclusion of law to which no response is required. 12. Denied. By way of further response, Plaintiff has been provided with information with respect to a proposed sale of the subject premises, however, the agreement of sale does not address nor dispute the merits of the pending foreclosure action. 13. Denied. By way of further response, Plaintiff has been provided with information with respect to a proposed sale of the subject premises, however, the agreement of sale does not address nor dispute the merits of the pending foreclosure action. 14. Denied. By way of further response, Plaintiff has been provided with information with respect to a proposed sale of the subject premises, however, the agreement of sale does not address nor dispute the merits of the pending foreclosure action. 1 5. Denied. By way of further response, Plaintiff has been provided with information with respect to a proposed sale of the subject premises, however, the agreement of sale does not address nor dispute the merits of the pending foreclosure action. WHEREFORE, Plaintiff prays and respectfully requests that the Honorable Court deny and dismiss, with prejudice, Defendant's New Matter, and award judgment in Plaintiff s favor as prayed for in its Complaint. UDREN LAW OFFICES, P.C. BY: .. MARK J. UDRE , SQUIRE STUART WINNESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER I11 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF pleadings ,udren.com National City Mortgage Co € COURT OF COMMON PLEAS Plaintiff = CIVIL DIVISION Cumberland County V. Richard H. Garrett NO. 08-5549 Civil Term Kathleen J. Garrett Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, Esquire, hereby certify that I served or caused to ve served a true and correct copy of Plaintiffs Reply to New Matter upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: November Q'i , 2008 TO: Jordan D. Cunningham, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Defendant Kathleen J. Garrett UDREN LAW OFFICES, P.C. Richard H. Garrett P.O. Box 219 Kreamer, PA 17833 B Non-Answering Defendant MARK J. UD UIRE STUART WINNEG, ESQUIRE LORRAINE GAZZARA DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE Attorneys for Plaintiff ?- _. ?, ' r4Y F" s ..? k Tl 'i^ .?.ry ,^ ,. ?.... x?? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings ,udren.com National City Mortgage Co COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff = Cumberland County V. Richard H. Garrett Kathleen J. Garrett NO. 08-5549 Civil Term Defendants PRAECIPE TO REMOVE MATTER FROM ARGUMENT LIST TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Matter scheduled to be argued: Plaintiff's Motion for Summary Judgment 2. Counsel: (a) for plaintiff: Chandra M. Arkema, Esquire Udren Law Offices, P.C. Address: Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (b) for defendant: Jordan D. Cunningham, Esquire Address: P.O. Box 60457 Harrisgburg, PA 17106-0457 3. I have notifies all parties that this Praecipe has been filed. (See Certificate of Service) 4. Argument Court Date: February 4, 2009 Dated: January 5, 2009 UDREN LAW OFFICES, P.C. By: Chandra M. Arkema, Esquire Attorney for Plaintiff 10 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings udren.com National City Mortgage Co = COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff € Cumberland County V. Richard H. Garrett Kathleen J. Garrett € NO. 08-5549 Civil Term Defendants CERTIFICATE OF SERVICE I, the undersigned attorney, hereby certify that I served or caused to be served true and . correct copies of Plaintiffs Praecipe to Remove Matter from Argument List upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: January 5, 2009 TO: Jordan D. Cunningham, Esquire P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Defendant Kathleen J. Garrett Richard H. Garrett P.O. Box 219 Kreamer, PA 17833 Non-Answering Defendant UDREN LAW OFFICES, P.C. BY: CHANDRA M. ARKEMA, ESQUIRE Attorneys for Plaintiff na 4ta `? :. Fr In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-5549 Civil Term National City Mortgage Co. VS Richard H. Garrett and Kathleen J. Garrett William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1749 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of, Richard H. Garrett and Kathleen J. Garrett, located at 1709 Edgar Lane, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, this writ is returned STAYED. Sheriff s Costs: Docketing $30.00 Poundage 4,572.37 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 14.40 Levy 15.00 Surcharge 30.00 Share of Bills 15.52 ? ??? f o 4, $4,709.79 So Answers: r'ThAomas 4KIineem%0h BY Real Estate Coordinator (?p - LOD 37 (,? cn- ??a s f cli V l - I Y MEN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MkRR J. UDREN, ESQUIRE -ID #04302 STUART WINNEG, ESQUIRE - ID #45362 IkRRAINE DOYLE, ESQUIRE - ID #34576 ALAN X. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEKA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsoudren.com National City Mortgage Co :COURT OF COMMON PLEAS Plaintiff ;CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Richard H. Garrett :NO. 08-5549 Civil Term Kathleen J. Garrett Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 National City Mortgage Co, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1709 Edgar Lane, Camp Hill, PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Address Richard H. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 171 Vine St. Kreamer, PA 17833 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None r-- u.3 (D Alt= Lt= co SC- LU Lt- cv 4. Name and address of the last recorded holder of every mortgage of record: Name Address National City Mortgage Co 3232 Newmark Drive Miamisburg, OH 345342 6750 Miller Road Brecksville, OH 44141 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1709 Edgar Lane Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: November 4, 2008 UDREN LAW OFFICES, P.C. BYt i{' V.( I rl J1) n,A' h Attorneys for 91`aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID1445362 LORRAINE DOYLE, ESQUIRE - ID.#34576 ALAN M. MINATO, ESQUIRE ID #75860 CHANDRA M. ARKEMA, ESQUIRE -.ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co Plaintiff V. Richard H. Garrett Kathleen J. Garrett Defendant (s) ATTORNEY FOR PLAINTIFF. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 08-5549 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Richard H. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Your house (real estate) at 1709 Edgar Lane (Lower Allen Township) Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $239,804.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNW S RIGITS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE "DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 1 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF i MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE ID #75860 CHANDR.A M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, Na 08003-3620 856-669-5400 pleadings@udren.com National City Mortgage Co Plaintiff V. Richard H. Garrett Kathleen J. Garrett Defendant(s) :COURT OF COMMON PLEAS :CIVIL DIVISION ::Cumberland County :MORTGAGE FORECLOSURE :NO. 08-5549 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathleen J. Garrett 1709 Edgar Lane Camp Hill, PA 17011 Your house (real estate) at 1709 Edgar Lane(Lower Allen Township)Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $239,804.47, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNBR'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WTr: BEGINNING AT A POINT IN THE DIVIDING LINE BETWEEN THE LOT THEREIN AND LOT NUMBER 3 ON THE HEREINAFTER MENTIONED PLAN OF HATS; THENCE ALONG SAME NORTH 25 DEGREES 34 MINUTES 48 SECONDS WEST 258.03 FEET TO A POINT ON THE SOUTHERN DEDICATED RIGHT OF WAY LINE OF CEDAR CLIFF DRIVE; THENCE ALONG SAME NORTH 80 DEGREES 07 MINUTES 10 SECONDS EAST 180 FEET TO A POINT IN THE DIVIDING LUG BET IM THE LGT ItEREIN AND L-GT NUMBER 5 ON THE HEREINA€M MENTIONED PLAN OF LOTS; THENCE ALONG SAME SOUTH 18 DAGREES 05'MINUTES 10 SECONDS EAST 216.48 FEET TO A POINT ON THE NORTHERN SIDE OF EDGAR LANE; THENCE ALONG SAME, SOUTH 67 DEGREES 18 MINUTES WEST 145 FEET TO A POINT THE PLACE OF BEGINNING. CONTAINING.88 ACRES, MORE OR LESS BEING LOT NUMBER 4 ON THE PLAN OF THE CLIFFS AS RECORDED IN CUMBERLAND COUNTY PLAN BOOK 24, PAGE 103. ' BEING KNOWN AS: 1709 Edgar Lane, Camp Hill, PA 17011 PROPERTY ID NO.: 13-24-0807-217 TITLE TO SAID PREMISES IS VESTED IN RICHARD H. GARRETT AND KATHLEEN J. GARRETT, HUSBAND AND WIFE BY DEED FROM EDWARD H. JACQUES AND GLORIA J. JACQUES, HUSBAND AND WIFE DATED 8/8/1992 RECORDED 1/29/1993 IN DEED BOOK 36-C PAGE 772. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND) NO 08-5549 Civil CIVIL ACTION - LAW 6 TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE CO., Plaintiff (s) From RICHARD H. GARRETT and KATHLEEN J. GARRETT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 239,804.47 L.L. $.50 Interest from 11/05/08 to Date of Sale 3/04/09 Ongoing Per Diem of $38.17 to actual date of sale including if sale is held at a later date -- $4,580.40 Atty's Comm Atty Paid $262.21 Plaintiff Paid Date: 11/04/08 (Seal) % Due Prothy $2.00 Other Costs A _ Curt' R. Long, By: L. Deputy REQUESTING PARTY: Name: CHANDRA ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 Real Estate Sale #32 On November 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland. County, PA Known and numbered as 1709 Edgar Lane, Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 12, 2008 By: Real Estate S rgeaut N