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HomeMy WebLinkAbout08-6004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, V. RICHARD H. GARRETT and KATHLEEN J. GARRETT, Defendants. TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTM NBERG &REIS C,4. By: A ORNEYS FOR PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 6760 Miller Road Brecksville, OH 44141 AND THE DEFENDANT ARE: 1709 EDGAR LANE CAMP HILL, PA 17 11 WELTM ,/W ERG &CRREEIS C BY:ifYli / ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 1709 EDGAR CAMP HILL 011 Lower All P. WELT , WEINBERG & REIS C BY: A ORNEYS FOR KAINTIFF NO. 01- U De` e (911 f- r#7 ISSUE NO.: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Patricia L. Blais, Esquire Pa. I.D. #56648 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#07022560 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, V. RICHARD H. GARRETT and KATHLEEN J. GARRETT, Defendants. NO: NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, V. RICHARD H. GARRETT and KATHLEEN J. GARRETT, Defendants. NO: Of - (- 0O'f Ckad' _Zw - CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, National City Bank, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is National City Bank, a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff") 2. The Defendants are Richard H. Garrett and Kathleen J. Garrett, whose last known address is 1709 Edgar Lane, Camp Hill, PA 17011. 3. On or about January 10, 2002, the Defendants executed an Equity Reserve Agreement (hereinafter "Agreement") in the original principal amount of $100,000.00. A true and correct copy of said Agreement is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about January 10, 2002, as security for payment of the aforesaid Agreement, the Defendants made, executed and delivered to Plaintiff, an Open-End Mortgage (hereinafter "Mortgage") in the original principal amount of $100,000.00 on the premises located at 1709 Edgar Lane, Camp Hill, PA 17011, hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 23, 2002 in Mortgage Book Volume 1746, Page 4703. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 6. The Defendants are in default under the terms of the aforesaid Agreement and Mortgage. 7. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 8. On or about April 22, 2008, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 102,504.93 Interest thru 10/1/08 $ 794.02 Late Charge thru 10/1/08 $ 385.00 Execution Costs thru 10/1/08 $ 0.00 Attorneys' Fees thru 10/1/08 $ 1,250.00 Title Search thru 1011/08 $ 175.00 TOTAL $ 105,108.95 10. The attorney's fees 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 11. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment, in rem only, in Mortgage Foreclosure, for the amount due of $105,108.95, with interest thereon at the rate of $13.69 per diem from October 1, 2008, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. WELTMAN,,V?NBERG & REIS CO., L.P.A. Patri ' L. Blair, Esquire Pa. .D. #56648 Attorneys for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 46 MUITY RESERVEsM AGR MULTI-STATE / . Check One; 01-1 with fixed f rta partition 0 without Ixed rate partition Date: 01/10/02 Account No. C11-M -)Of -7 Oir -11L IPZ You, the undersigned, are coanina an Eoultv Reserve Una of Credit (Unol with National City Bank (Banks and awas that the foffowina terms and conditions will apply to your Uns. Line of Credit. Your Una is an ops -and line of credit which you may use to obtain cash ndv Advances) from tiros to time for a period of 10 yews (Term). Your Una will mature an the last day of the billing cycle ending in JAN. 201 IMaturhy Date) If you continue to meet Batdc's then current stondards for credit criteria a collateral value, at Sionk's discretkan ank will either extend the Motwity Date for one or more additional Terms or Bank will refinance your Line on the terns then being offered by Bank for Equity Reserve Unes of Crest. The Wild amount of your Una is 6 100000.00 icredit Una), if Indicated above, you have the option wrytima during the term of thin: Agreement to aeste ix Rate- Partitions IFRPI of all or pan of your Lino at a fixed rata and for a fixed payment. Any amount you repay on the Line andlw an an FRP will be again available to you on that Una, Bank may at Its discretion increase yaw Credit Line, either upon Vow application or upon Bank's review of your Una. Additional documentation may be required for an increase in yaw Credit Line and there may be additional expenses associated therewith. Bank may reduce the amount of your Credit Lino under certain conditions described in this Agreement. Advances. You may obtain Advances under your Una by Issuing Equity Reserve chocks and, if applicable, spacial FRP chocks (Chocks) supplied by Bank, or by way or any other Bank approved plan. Bank will charge your Checks dkactiy against your Lie. You may make arrangements for on Advance on your Una to pay oft any FRP at any time by contectlng Customer Service at the address or phone number an your statement. You should notify Bank when you nee more Checks. The minimum Advance that you can receive using an FRP Check Is $6,000. FRP chocks for leas than $5,000 are charged against your line, You should also notify Bank linmedilmoly If your Checks are lost or stolen. (Pleats sea the 'Stop Payment Orders' section of this Agreement) Your statement will get Chocks that have been paid, but the actual paid Chocks will not be returned to you. You may request copies of paid Chocks from the Bank, and a copying fee may be charged. Bank may Issus you a Cod or Cards fur use with the Una You authorize Bank to Issue you a credit card for use with the Line. The word Card can moan one or more credit cords or Automated Teller Machine (ATM) cards. You may purchase goods or services from merchants who honor the Card. You may obtain Advances from Bank or any other financial institution that honors the Card. You may also obtain Advances by using a Personal Identification Number (PINI for telophone banking or ondira banking Advances. Bank will charge all Advances to your Line. If you allow someone site to use your Card or PIN and you want to stop such use, you must lot Bank know in writing. If he or she has a Card or PIN, you must return the Card with your written notice and/or request a new PIN, You must notify Bank Immediately It your Cards or PIN are lost or stolen, or you believe that some poison may be using Vow Cordial or PIN without permission. You will not use Vow Lino after notilying Bank of loss, theft or unautiorized use of your Cardin) or PIN. You will not be hold liable for arty ~hodze use of the Card or Pin who you have notified Bank of the loss or theft by phone at 1-800.533.6596 or in writing at National City Card Services, P,0 Box 4092, Kalamazoo, Mt ichgen 49D03. Otherwise you may be liable, but not for mws than $50.00. Bank may terminate the use of your Card or PIN If Vou lose your Card or PIN two times or more In a twelve month period, Bonk may also terminate the use of your Cad at PIN N your now balance exceeds your Credit Una by 2% or if you are over link for more than one billing cycle. Bank will have no obligation to horror any Advance by any means if the resulting now balance of your We would exceed your Credit Una; or after the Maturity Onto; or in,the event of termination or suspension of your Credit Lino under the conditions described In this Agreement. and upon Bank's request you will return Checks and/or Cards. Finance Charge a) Line: Bank figures the finance charge on Vow Una by applying the periodic rate to the 'average deny balance' of your Una. To get the 'average doily balance', Bank takes the beginning balance of the Line each day, adds any now Advances and outer debits, and subtracts any payments or credits and unpaid Pmonce charges. This gives the daffy balance. Then, Bank adds up all the daily balances for the billing cycle and divides the total by the number of days in the billing cycle. This gives the "overage dally balance*. Advances are subject to finonco charges from the date of transaction to the date payment is posted to the Line. The periodic rate of finance charge and the annual percentage into are subject to change, based on the value of an index. The Wax in effect for each blming cycle altam be the 'Rime Rate' of interest appearing In the Money Rates Table of The Wall Street Journal published an the 18th business day of the calendar month preceding _the month In which the billing cycle begins, rounded upward. If necessary, to the nearest 001% Onded. The ANNUAL PERCENTAGE RATE Is the Index plus 0.000 %. The IN C EHAPOE for each billing cycle shag be computed at the annual percentage rate divided by 12. The current pudic rate of FIN is 0.396 % par month, which canospords to an ANNUAL PERCENTAGE RATE of 4.750 % The annual percentage rate and the periodic rats of finance charge may increase if the Index Itaossos.. In the event of an Increase, the finance charge will increase and the minknum payment amount may increase, When the minimum payment amount is efthor 1 6% of the now balance or the total finance charges. an increase or decrease in the annual percentage rate will result In o corresponding increase or decrease in the minimum payment amount. b) Fixed Rote Partition: Bank figures the finance charge on each FRP by applying the periodic rote to the 'average daily balance' of the FAIR. To get the 'average daily balwoo", Bonk takes the beginning balance of the tRtP each day and subtracts any payments or credits and unpaid finance charges. This gives the dolly balance. Than, Bank adds up all the dally balances for the billing cycle and divides the total by the number of days In the billing cycle. This gives the 'average daily balance". Each FRP Advance Is subject to floras charges from the data of the transaction. The periodic rate of firmnco charge and the annual percentage rate are determined and fixed on the business day the trace lcllon posts to Vow Lino. The Index shag be the 'Rime Rate' of Interest appearing In the Morey Rates Table of The Wall Street Journal published an the 10th business day of the calendar month preceding the month in which the bitgM ccyyccle in which the transaction posts to Vour Una begins, rounded upward, If necessary, to the nearest .001% nndex)• The ANNUAL PERCENTAGE RATE is. the index plus 1.500 %.NA? lor oath billing cycle shall be compute a[ tiro annual 104 is 0.521 % per month. which corresponds to an pareenups rats divided by 12. The arrant p r dcc rate of FI ANNUAL Is RCENTAGE RATE of 6. 50 %, c) Both: In no event shah do periodic rate of be more then 2,083% per month or less than 0,26% par month and in no event sham the PERCENTAGE ANNUAL lea 91225.0% or less than 3.0%. The annual percentage rate Includes only interest and not other costs. Your monthly statement wig disclose the applicable annual percentage refs for the billing cycle. Other Charges, in addition to finance charges, tine following other charges will apply: • An enmul lea of $50 reflected on the monthly statement for the twelfth billing cycle of each Veer of Vow Line. whether or not you obtain Advances under your Lino, This tae is not refundable. It your Line Is terminated for any reason prior to this fee being billed. It shall become knmsdiotaly due. • An advance fee FINANF5 CHARGE of $60 for each Fixed Rate Partition used. • A lose payment (theater of 10% of the unpaid minimum payment or $40, if Bank does not receive your minimum payment at the address shown on your statement within 10 days of the Due Date. Bank may charge an additional $40 for each billing cycle that your Lim Is put duo. • An everlimit fee of $25 wherever you go over your Credit Una Bank may charge an additional $26 for oath billing cycle that you remain over your Credit Lino. • A returned payment fee of $251f you make a payment on your Line which is returned to Bank unpaid because of Insufficient funds. a closed line of or&*, step Payment, or any othor reason. • A returned chock fee of $26 it you writs a Check that Bank dishonors under the 'Advances' suction of this Agroement. • A stop payment fee of $25 If you order Bank to stop payment an a Chock and a $25 fee for ronewal of each stop payment order. These fees shag not apply ff you sign this Agreement In Iowa, Kansas. Maryland. Minnesota. Missouri, North Carolina or Tennessee. • An ewly termination too of $360 it you class your Una whhin the first 36 months. • A document request fee of $B per copy. This fee shag not apply N you sign this Agreement in Iowa, Kansas, Maryland, Minnesota, Missouri, New York. North Carolina or Tennessee Bank will not charge you for documents Bank is required to give you by law Pago 1 of 4 aw 411 4N01 o:u 6 a y9y rM A 46 Bank does not lose any of its other rights tattler this Agreement whether or not it charges Into payment or overdmit lees. The application of any fee shell not cure the dafa"utt which Wiloted the foe. . The fogowkV fate are due at the oponktg of your Una: if 25.50 • n Filing form a 0.00 Appraisal 1 7.00 + Flood Zone Determination 6 0.00 This Examination t Q ?- Tide Insurance + PD Y LENDER 1 + Property Report 1 0.00 Security Intertats. Your UM will be ascured by a mortgage (Mortgage{ on your dwoNing (Dwelllrpl. You represent and warrant to Bank that et W times " this tort of drle Agreement your Dwelling shag be occupied by you and shad not be used as rental property. Bank agrees to waive any security Interest In Ow Dwelling to the extent it secures Advances which may be In excess of your Credit LIe. You name Book as loss pay" and baMRciary of the proceeds of, and assign to Bank arty uno ned premiums of, all Insurance connected with your Line. You must not adversely affect Conk's ineirsat In the Dwelling by any action or Inaction. You must keep the Dwelling In good condiviam promptly pay all mortgages and other ban against tM DwoMng, and promptly pay all taxes and essesaments an the Dwelling. You mast not ell or transfer tide to the DwoMr4 without Bank's prumhatom or use the Dwelling for any illegal purpose. Property kwtriesce. You must keep the Dwelling fully insured against lose or damage on terms which are acceptable to Bank to the axtom permitted by law. You mutt carry flood insurance R required by federal low. You may obtain property Insurance from ortyorte that Is acceptable to Bat*. You stlras to furnish Bank with written evidence of such Insurance, with Bank named ae loss payse. If You fad to do so, Bank may buy Insurance to promo:{ Banks interest and add the prernlum cost to the unpaid balance of your Line, subject to the some finance charges an Advances against Your Line. You seskgn to Bank the proceeds from any such Insurance poddw up to the unpaid balance of your Urs. Bank may apply such proceeds, Indudlng any return of unearned premiums said payments for claims under such policies, to reduce the empakt balance of your Line. You irrevocably authorize Bank as yaw agent and on your behalf to negotiate, soots and moose any claim under yam insurance and to submit insurance calms for you and to mcOn and sign your nome to any checks or drafts or relate i papers obtaimsd from Insurance compartias. Credit Uh and Disability Imeramoe. Credh life and disability Insurance tCrodit Insurance) Is not required to obtain audit and wild not be provided unless permitted by low and you sign a separate enrolment form and agree to pay the additional cost stated on that tortes. Premiums will be bWod to your Line and treated as Advances. It you elect to purchase Credit Insurance you agree that with respect to such Credit Insurance: (a) it is subject to any, *Wtstions and co ditionx contained In their documentation which you have read; (b) a copy W their documentation well he sent to you by us es soon as practicable; and (a) you still must maintain as Insurance eaqukred by this Agreement. Tax Deductlbloty. You should consult a tax advisor regarding the deductibility of interest and charges on your Line. Statements. Bards agrees to mail or deliver to you a monthly statement for each bNNng cycle at the end of which there Is a balance which is a doW or credit balance of more than 01 or on which a finance charge has boon Imposed. The balance is the sum of sit outstanding Advances), fees. payments, otter credits, other dobke, and finance charge(s). Payments. WIN tho Maturity Data, your payments will be duo monthly. You may pay the entire unpaid balance of your Line andlar your FRfNs) at any time. You we requirsd to pay a minimum payment by the Due Date shown on your statement equal to the sum of the Una Minimum Payment and the FRP Mkdrmum Payment for each FRP in use, The Lime Minimum Payment is: (select onol K 1.5% of the new balance as shown on each monthly statement, or the total finance charges as shown on the statement, or 6100.00 for whatevor portion at 1100 OD Is necossary to pay Bank In full), whichever R greatest (1.5% Minimum Payment); or the Total Finance Charge as shown on each monthly statement (Interest Only Minimum Payment); The FRP Minimum Payment is a: fixed payment amount that is sufficient to pay all the balance in each FRP, it sixty (801 equal payments at the fixed rate applieebb to that FRP were made Additional psymama on any FRP may be made at any date but you will continue to be obligated to make the fixed payment for tie FRP as long as any amount le still owing on the FRP. The amount of any payment on any FRP will become available to you on your Una once it is posted. Payments well be applied In the following ardor: Fist to each FRP on a first (n first out basis for all unpaid finance charges and then to the FRP': principal balance In an amount Mcaaesry to amortize the FRP within its amortization schedule, then to ad unpaid finance charges an the Una, then to all other charges, den to the Lire, f time are no balances on the UM. overpayments are smiled as a prepayment to the FRPIs) on a first in-drat out brake. If there am no balances on any Fi(P or an the Una, overpayments are credited to the Line amd returned upon request. In ardor to make additional partial Prepayments to on FRP or to prepay an FRP in full without paying off your Line, you must contact Customer Service to make arrangements to do so. The Lin Minimum Payment WIN not fully repay the prkaipal that is outstanding on your Line by the Maturity Date . It you use an FRP after the first five years of you Agreement than the FRP payment wp not fully arnorti:e your FRP by the Maturity Data. Bar* will refinance the remaining unpaid balance of vow Una Bathe FRP on terms than offared by Bank, provided you c anti is to most Bank's dun current standards for credit aNorte and collateral value. Otherwise, you will be raquirod to pay the entire balance In a *de payment Attar the Maturity Date and pia to milkwaekng or payment of de entire ouatandMg balance , you will aandn e to be bound by this Agreement in that you wild be Noble for all finance charges and other amounts and you will be required to continue making monthly payments. Bank does not waive Its right to recaluo payment in fug by accepting partial payments after the Maturity Dam. Stop Payn" Orden. We agraa to honor a stop payment ardor against a Check When received from you within a reasonable tine prior to payment. A atop psmiant older becomes effective otter we have actually received the order and had a reesoMblo time to process IL and the order will remaln in efreR for thirteen matths. Our acceptance of a atop payment order does not mean that the Clock has not yet been paid, and we shelf have no liability resulting from the payment of a Check before your stop payment order becomes effseUve. A stop payment order may be renewed for succieshre gonads equal to Its original period of affectlvenne if we receive a renewal notice prior to the order becoming In fffedWs. A stop payment order against a Chock must accurately describe it as to data, rwmbar, amount end pays*, and must correctly racier your name and the Account number. You some that it Is current Industry standard to process stop payment orders by means of computer technology. Ac cordIngly, yaw failure to provide the exact identification of Account number and Check number in order to ldsntlty, the Chock to be stopped will result In the Chock being paid If presented, and we will not be Noble for such payment. Errors In vow netts or the Account number, or rnacWrasisa in the description of the numlw, amoum, Issue dare or payee on you written stop payment order shag reasve us from eery lisbaity for any mistskon payment ol wrongful dishonor. Any wrote on our written acknowledgment to you of a stop payment order, must be reported by you In writing to our Customer Sarvleo Department within 10 calendar days of the written sokMwiodomem dais. We shag not be Noble for any mistaken payment at wrongful dishonor occurring after the i D-day period, unless errors or Inaccuracies are so reported to w within tM 10-0ay parlod. -Before-we-will-relaase•a-stop payment. ardor, our Customer Service Department may requirwiho receipt of a written request, signed by you ; reguesdng the withdrawal of the ardor. In the event we roor"t the Accoum for a pad Chock, then you hereby assign to us ell rights against third parties.. You or any joint account holder may order a stop payment. You agree that we will not be obligated to relmburse you immediately upon notice of eaoged wrongful payment; that it Is your obligation to prove the fact and amount of damage suffered; and that In no use will we be Nabls for more than your actual damage. We shad not be Nable few any damages unless we have failed to act in good faith and exercise ordinary taro You attroe to Indemnify us and hold us harmless from any and all expenses incurred or damages suffered by us In honoring a stop payment order. To place a stop payment order, write to National City. Equity Reserve Slop Payment Deportment. 4881 E. MsIn Street. Columbus. Ohio 43251.0928, Patio 2 of 4 dner.anAano2{! 46 Tenrdasyon of Line. Bsrik can terminate your Una and require you to pay the eras outstanding balance In one payment it: • You engage In fraud w material mfwapresaMstlen In connection with your Line • You do not most thq repsymer tonne of tide Agreement. • Your action or Inaction adversely affects the collateral or Bank's rights In the collateral, If bank terminates the Una and requires Immediate payment of the entire outstanding balance, you saes to pay Bank finance charges on the rwneiokg balsam an the Una and on tau FRP, it arty, at the time of termination at the rate of 26% per annum. To the extent permitted by 1 i USC 60% Bank shag be nodded to reasonable court costs and anomeys' fees for Independent counsel that Bank hires. Interest after tormhotion, whether prior to or after Judgment by a cram of competent Julstlicllon, shag accrue upon the outstanding unpaid balsas until such balance Is paid in fug. Suspension or Reduction of Credit Una. Bank can refuse to make additional eatenslons of crodit or reduce your Line It: • The value of the Dwelling ascuring your Una declines significantly below its present appraised value for purposes of the Credit Lino • Bank maso ably believes you will not be able to most the repayment requiremonts due to a material change in your financial circumstances • You are in default of t material obligation under tins Agreement • Government action prevents the Bank from Imposing the annual percentage rats provided for or impairs the Bank's sogwky Interest such tines the valor of the Interest is loss than 120 percent of the Credit Una. • A regulatory agency has notified the bank that continued Advances would constitute an unsato or unsound practice • The maximum annual percentage rate is rwdrod. if your Lis is suspended, and it you hove selected the interest Only Minimum Payment feature, then at Bank's option your Una Minimum Payment may be chw*W to the 1.5% Minimum Payment: and if you have used any FRP(sl then at Bank's option Banc may terminate the FRPIa) and transfer any FRP balsams to your Una, Bank wtif give you written r10tice of any such action and conditions for reinstating yaw credit privileges, Bank may reinstate your credit privileges when the conditions loading to suspension we cured w Bank's satisfaction Bank may require you to request rokwatemer of credit prh+gages when tits conditions loading to suspension or reduction of your Credit Line no longer exist. An additional tide examination and other documentation may be required to reinstate your Fine, and any costs associated with reinstatement will be borne by you whore permitted by law Charge in Tame. Bank may change certain terms of this Agreement at any time by giving you 16 days pilot notice: • The Index and margin used for this Una If the original index is no longs; available. • A change that you specifically agree to. • A change that bsmfhs you. • An Insignificant chimBe • Other changes permitted by applimW law Any change In torms will apply to balances outstanding on the offemivo date of the change as wall as to balances generated thereafter Other Provisions. You shag promptly notify Bank of env change In circumstances which has a substantial adverse affect on your credit. You will furnish Bank with fioan:lol statements h a form satisfactory to Bank as Bank may request from time to time • Bank may also require a tide oxarnlrtstion andlor appraisal from Dow to time, the cost of which will be borne by you where permitted by low. If this Agreement is signed by more than one person, each of you may draw Checks on the lino or use the Cads, and each of you Is jointly and sevaegy gabs for all Advances and chwgea on the Liss. Any of you may dies Bank to not make further Advances on the Line. however. reMstotoment will only be made an the Joint request of all of you. Your rights In your Line may not be assigned The Mortgage may not be assumed by a subsequent pwchosor of the Dwelling All leas pail to Bonk are net refund" All of Bank's rights under this Agreement wo valid to the extent pormitted by applic" few. it It ls determined for any reason that any part of this Agreement Is Invalid or unenforceable. this shall not affect the validity or enforcement of any other provision, and this Agreement will than read as if the Invalid or unenforceable part were not there Bank may delay exercising any of its rights under this Agreement without losing than. You understand that Bank Is a national bank located In Ohio, and that Bank's decision to oxtond the Lino to you was made In Ohio. Therefore, this Agreement and your use of ft Una, Credit Una. Cards, and Chocks, shag be governed by and construed In accordance with Federal low lochAng but not limited to 12 USC 145 and tic laws of Ohio, without regard to conflict of law rubs You agree that you and Bank have an estatdlshed business relationehlp, that Bank may contact you, that such contacts are not unsolicited. that Bank may monitor telephone calls with you to assure quality customer service and that Bank may contact you with an automated dialing and announcing device. Except as otherwise prohibited by low, you agree and consent that Bank and its affiliates (eollectfvely 'National City') may provide to others Infarmefkn about Banks transactions and axpsriences with you- Also, Bank may stare with its affglotas all infor salon about you for the purposes, among ether things, of ovekfatiag credit sPPgeatlone or offering products and services that Bank bo8avee may be of interest to you. Under the Fair Credit 1119OW&V Act d wo Is censin credit Information that carrot be shared about you (unless you we a budnesai If you tar us by wrhIng to us at P.O. Box 84986. Cleveland. Ohio 44101-4085 Including your name. addroas, Una faceaunt) number and social security number You sut?mrke us to furnhh Information concerning you to consumer faaditi reporting agencies and other who may properry receive such information. You as hereby notilled that o negative credit report refiactkg on your credit record may be submitted to a consumer (cs"" reporting agency B you fag to hdlg an tams of your credit obtlgsdons, ti you believe that we have Information sboct you that Is inscareta or that Iva have reported or may report to a credit repotting agency information about you that is Inaccurate, pin" notify us of der specific Information that you believe Is inaccurate by writing to us at P.O, box 94982. Cleveland, Onto 44101, Ann. Credit Bureau Disputes, locator 7113 MOTIVES You acknowledge receipt of the fallowing notices before becoming obligated: If you dgn this Agreement In California and it Is secured by a dead of trust: Lender, may at Its option, declare the endre balance of the Secured Debt to be Immediately duo and payable upon the creation of, or contract for the creation of, any Bon, encumbrance, transfer or safe of the Property. if you sign Ob Nat* In Colorado: The dollar amount of the finance charge disclosed to you for this credit transaction Is based upon your payments 'bekg'reeaivsd'by'us b tho dits payments as due. U your psvrnenta are received after ds due date, even N received before the date a ate fee swim you may owe additional and substantial money, at the and of the credit trnswdon and then may be glue or no reduction of principal This Is due to the accrual of daily Interest until a payment Is received. It you alga this AgrowneW In Canrrafcut and It In secured by a mortgages The Interest Only Minimum Payment option Is not available to you. It you sign as Agreananl In Rands and It Is socw&d by a mwtgeysr Rmids Documentary Stamp Tax In the amount required by law her been paid or will be paid directly to the Department of Revenue, and Solids Documentary Stamps have boon placed on the taxable instruments as required by Chapter 201. Ronda Statutes . If you sign this Agreement In Maryland: We elect Subtitle 9. Creditor Grantor Open End Credit Provisions, of Tide 12 of the Commercial Law Article of the Annotated Code of Maryland only to the extent not Inconsistent with 12 U S C, 185 and related roguradams end opinions, and we oxpraaaiy reserve all right thereunder. it you sign this Agreement in RBrmesotat If the amount of this tam Is {100,000 or more, we sleet Minn. Star 1 334 01 only to the extent not Inconsistent with 12 U S..C- i8S and rented regulations and opinions. and we expressly reserve so right fhOrounder. Pago 3 of 4 sot ovttatl0207 46 If you start this Agrewmmt In Missoud. Oral agreements or commitments to loan money, extend credit or to forbear from enforcing reparselt of a debt Including promises to extend or renew such debt are not enforceable. To protect you (borrower ei )) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering shah matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree In writing to modify it. U you sign this Agraentern in New Jersey. Where this Agreement rslora to acts or practices that may or will be taken by w unless prohibited by, or union required by, or suh(ett to. or as permitted by the requirsmonts or restrictions of appllo" low, Now Jersey law pampa or requiras the act or practice. If year sign this Agrosassrn to New York surd it is a-c ueIf by s mortlloge. THE TERM OF THE LOAN IS 10 YEARS. AS A RESULT, YOU WILL BE REQUIRED TO PAY THE ENTIRE PRINCIPAL BALANCE AND ANY ACCRUED INTEREST THEN OWING 10 YEARS FROM THE DATE ON WHICH THE LOAN IS MADE. THE LENDER HAS NO OBLIGATION TO REFINANCE THIS LOAN AT THE END OF THIS TERM. THEREFORE, YOU MAY BE REQUIRED TO REPAY THE LOAN OUT OF ASSETS YOU OWN OR YOU MAY HAVE TO FIND ANOTHER LENDER WILLING TO REFINANCE THE LOAN. ASSUMING THIS LENDER OR ANOTHER LENDER REFINANCES THIS LOAN AT MATURITY, YOU WILL PROBABLY BE CHARGED INTEREST AT MARKET RATES PREVAILING AT THAT TIME AND SUCH RATES MAY BE HIGHER THAN THE INTEREST RATE ON THIS LOAN. YOU MAY ALSO HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW MORTGAGE LOAN. YOU SHOULD CHECK WITH YOUR LEGAL. ADVISON AND WITH OTHER MORTGAGE LIEN HOLDERS AS TO WHETHER ANY PRIOR LIENS CONTAIN ACCELERATION CLAUSES WHICH WOULD BE ACTIVATED BY A JUNIOR ENCUMBRANCE. DEFAULT IN THE PAYMENT OF THIS LOAN AGREEMENT MAY RESULT IN THE LOSS OF THE PROPERTY SECURING THE LOAN. UNDER FEDERAL LAW, YOU MAY HAVE THE RIGHT TO CANCEL THIS AGREEMENT. IF YOU HAVE THIS RIGHT, THE CREDITOR IS REQUIRED TO PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING THE CIRCUMSTANCES AND TIMES UNDER WHICH YOU CAN EXERCISE THIS RIGHT, if you sign this Agreement in o"m NOTICE TO THE BORROWER: as not sign this fear, agreement before, you reed It The loan agreement provides for the payment of a penalty if you wish to repay the loon prior to the dote provided for repayment In the ban agreement it you sign this Now in varmontr NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, TIME LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU, CREDIT INSURANCE. If we offered credit Insurance to you, you hereby acknowledge that: III you have read and understated the boxed Credit Insurance Disclosure that appears on your credit application and in the separate Credit Insurance Disclosure form received by you; and (ii) we have orally made those disclosures to you. COPY RECEIVED. You agroa to he logsily bound to ail provisions of this Agreement. You acknowledge receipt of a completed copy of this Agreement, Including Important Information below regarding your rights to dispute bieitt rots 'Your Billing Rights' AAJAI) RICHARD H GARREIT x THE en"Wr""M a Tlelr KATHLEEN J GARRETT x N?s on morn NAM Address of Dwelling: 1709 EDGAR LANE CAMP HILL PA 17011 YOUR WWNO RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains imponant Information about your rights and our responsibilities under the Fair Credit Silling Act Notify W In Case of Enire or Owstions About Your (tie If you think vow big Is wrong, or N you need more information about a van, atian on your bW, write w on a separate sheet at the address gated HE bNue m possPols. We must hoar from you no later than 60 days afterwe sent youths first bill on which the arror or '=N,19. ne w, but doing so will not preserve your rights. etter, olive us thtrfollowing Information. • You name and Account number. . The doiler amount of the suspected error. . Describe the error and oxplalo, if you cork why you believe there Is an arror if you need information, describe the item you are not sure about If you have authorized w to pay your bill automoticaey from you savings or chocking Uno, you can stop payment an any amount you think is wrong. To stop the payment. your letter must reach us throe business days before the automatic payment is scheduled to occur, Your Rights and Our Responsibilities After We Receive Your Willson Notice. We must acknowledge your letter within 30 days. w-joss we have corrected the orrer by than. Within g0 days, we must elthot correct the error or explain why we believe the bill was correct. After we receive Your Inner, we carmpt try to copect any amount you qu ston, or report you as dagnquant. We can continue to bill you for the amount you question. Including finance changes, and we can apply any unpaid amount against Ytiur Credit Line. You do not have to pay any questioned amount while we are Investigating. but you are a. ob,gated to pay the parts of your bill that are not In question it we find that we made a mistake on vow bN you will not have to pay any finance chaipes related to any questioned amount. H we, didn't make a mistake, you may have to pay finance e?fargos, and you will have to male up my missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it Is due N. 0811.to.pay tte.amoum-that We think you owa,•we may report you"as delinquent: Howe'ver. If our sxponaion duos not satisfy you and you wrlle to us within Ian days taang us that you nail rotuse to pay, we must tell anyone we report you to that you have a question abort your bill. And the must tell you the name of anyone we reported you to We must tail anyone we repot you to that the matter hat been settled between us when it finally is, It we don't follow than rules, we can't coped the first $50 of the questioned amount. even N your bill was correct. Spa" Rule for Credit Card Purshases If you have ¦ problem with the quality of property or services that you purchased with your Card, and you have trod In good faith to corract the problem with the merchant. you may have fits right not to pay the remaining amount duo on the property or services. There are two i mIladons on this right. 1a1 You must have made the purchase in your home state or. It not within your home store, within 100 moos of your current malting, address: lb) The prdchase price must have been more than $50. Thase lhnitatons do not apply If we own or operate the merchant, or it we mailed you tho advertisoment for the property or services Pago 4 of 4 N•• 07113011 alai t :.LEDs Man To: P ll Box C6570, Lac f7116 '02 AN 2 3 flN l I' i 0 Cleveland, ON 44101 National City, Open-End Mortgage (Advance Money Mortage Securing Obligatory Future Advances) THIS MORTAGEis made On JAMAAY 10. 2002 between Richard H. Garrott and Kathleen J. Garrott (Husband and Wife)_ (whether tine or more persons called "Owner" and National City Bank. with an o ere located at 8750 Olor 44141 (rakd "LenA-e). Road, &xksvid=, WHEREi4S, H. Geaett and Kathleen J. Garrett (Husband and Wife) (whether one or note persons eat "Borrower") has bean granted s home seplty variable rate credit One Acc*unt (taped the " aunt''1?Y Lpader with a credit Una of $ 1 W W_ es evidenced by an Account Agreement (called the "Agreement") dated = 10 = ?: and WHERE4S, Leader is obligated under the terms of the Agreement to make advances to Borrower in accordance with the terms of the Agreement up to the amount of the Credit Line; and WHERFAa Borrower has agreed to repay such obligatory advances and Interest thereon in accordance with the terms of the Agreement: NOW, THEFS?OK In cOnsideratlon of the above premises and in order to secure to Lender the repayment of all amounts, with interest thereon, advanced to Borrower In accordance with the terms of the Agreement; the payment of all sums, with Interest thereon, advanced In order to protect the security of this Mortgage, including taxes, assessments. Insurance premkrms and costs; the performance or all covenants contained In the Agraentartt said this Mortgage: the payment of Lender's costs of collection, Including costs of suit and, If permitted by law, reasonable attorneys' fees If suit is filed or other action is taken to collect the sums owing or to protect the security of this Mortgage: and the payment of any extension, refinancing, ro nswel, modification, substitution or amendment of the Agreement. Owner does hereby mortgage, grant and convey to Larder all of the following desefOced real estate, together with all improvements now or hereafter erected, and all easements, rights and appurtenances thereon, located at: 1708 Edgar Lane Lower Allen Township Cumberland street owns y y orouah unq ' Commonwealth of Pennsylvania (the "Property"), which was conveyed to Owner by Dead dated 08/08/92 , and duty recorded In the office for the Recording of Deeds In sold County in Deed Book No.36Cc . , Page 772 , Tax Parcel Number (or other Uniform Parcel identifier, if any) 1124.0007417 . as the Property is therein described and,® If this box is checked, as the Property Is more particulmly described In Exhibit "A", which Is attached hereto and made a part hereof. TO HAVE AND TO HOLD the some unto the said Lender, Its successors and its assigns, FOREVER. PROVIDED, HOWEVER, that should Borrower pay in full all sums secured by this Mortgage, and perform all covenants and agreements secured by this Mortgage, the estate hereby granted shall be discharged, provided Lender has no further obligation to make Advances under the Agreement. Owner and Lander covenant and agree as follows: •,, THIS M AN ADVANCE MONEY MORTGAGE • it is expressly understood and agreed that thts Mortgage secures, later ale, cartam obligatory leans and advances to be made by Lender to Borrower in accordance with the teams of the Agraemeru, which future advances are secured by this Mortgage as if made on the date honor. 2. Owner warrants and represents to Lander that Owner Is the sole owner of the Property; has the right to mortgage, grant and convey the Property: that the Property is tnsttwmbered, except for encumbrances now recorded; and that Owner will defend the title to the property against all claims and demands except encumbrances now recorded 3. Except for any notice required tinder applicable law to be given In another manner, any notice to Owner provided for in this Mortgage shall be given by delivering It personally or by mafOng such notice by certified mail, addressed to Owner at the address of the Property or at such other address as Owner may designetis by notice to tender as provided herein; and any notice to Lender shah be given by certified mall to Lender's address stated heroin or to Such other address as Lander may designate by notice to Owner as provided herein. Ir notice Is given by cert111ad mail, R shall be doomed to have been given on the date of malting. 4. Owner shelf be In default under this Mort.1age upon a default under the terms of the Agreement. 5. Upon default, to the extent permitted bylaw, after any notice required by law, Lender may at Its option declare due and payable the unpaid balance of all scans secured by this Mortgage and may take any action allowed by law or under the terms of the Agreement or this Mortgage, Incluuddiangg taking possession of the Property, collecting any and all rents and appying them to the amounts sawed by this Mortgage and foreclosing the Mort gage Lender shag recover Its costs and reasonable attorneys' fees to enforce or foreclose the Mortgage. If permitted by law, Including the federal Banlwptcy Coda. 0. Any extension of ttms for payment or reduction of the amount due under the Agreement which Is granted by Lender to Borrower shall not operate to release In any manner any other Borrower or Owner under the terms of the Agreement or this Mortgage.. Any forbearance by !.ender In exercising any right or ratnedy under this Mortgage or otherwise afforded by applicable law shall not be a waiver of or products the exercise of any such right or remedy. if F, first American Equity Loan Services, Inc. BK 17 4 b PG 4 7 0 3 C°r'tlicalion Number 0003023088 ' 3da34t?QS la..t,roeto> m 7. Lender's rights and remedies under this Mortage or otherwise by law shall be cumulative and not alternative and may be exercised as often as necessary; and the !allure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same. 8. The covenants end agreements contained herein shall bind the Owner's hairs, personal representatives and successors and any person to whom the Property is transferred, if more than one Owner signs this Mortgage. their obligations shall be joint and several. The dghts and privileges contained haretn shaft Insure to the Lender's successors and assigns. Lender can soil, transfer or assign this Mortage without Owner's consent.. g. As additional security hereunder, Owner hereby assigns to Lender any and all leases on the Property, now existing or which may hereafter be muds, together with any and all rents and Owner's rights as landlord under law; provided that Owner shall, prior to the declaration of an Event of Default have the right to collect and retain such rents as they become due and payable. 10, K any provision of this Mortgage shell for any reason be held Invalid or unenforceable, no other provision shall be affected thereby, and this Mortage shall be construed as if the invalid or unenforceable provision had never been s pert of It.. 11. Owner will not sell, transfer or encumber the Property without the Lender's written consent, Owner agrees to promptly pay when due all taxes, assessments, levies. obligations, other charges mortgages and liens on or against the Property. Owner shall keep the Property in good repair, excepting only reasonable wear and tear. Owner will comply with all laws respecting ownership and use or the Property. Owner shall keep the Property insured against loss by fire, and all other risks and hazards as Lander shall require, Including flood Insurance If required by law, In such amounts as Lander shall require. Owner shall promptly pay, when due. any premiums on such Insurance.. Owner may obtain such Insurance from any Insurer(s) of Ownw..'s choice, provided that such Insurer(s) shag be acceptable to Lender. All insurance policies shag contain loss payable atsuaas in favor of Lender, and Owner shall deliver evidence of such Insurance to Lender. If Owner fails to pay all taxes, assessments, levies, obligations, other.c barges, prior. mortgages and liens. Insurance premiums or to keep the Property hnsurod; Lender nay at its option elect to pay the same, which shall thereupon be added to the Indebtedness secured hereby and shall bear Interest at the rate stated In the Agreement. 12. Owner's obligations under Paragraph 11 and Borrower's obligations to repay any amounts Lender advanced and to pay Lender's attorneys' fees and costs shag Survive any judgment in nwatgage foreclosure. 13. Subject to any prior m a Owrher assigns to Lender the proceeds of any award for condemnation or other taking of all or part of the pro" , or of a camr?fanea in t u o) Cwhdamnetton. 44 p?yy uwr wl+o signs s Mortg a but does not sign the Agreement does so only to mortgage Owner's interest In the Property to sec Ire 1S. TRis fiAer his overecnead? tlheAwccs ofnOh and except Otoothe oxtet otherwise required lb ac A ntfederal law. g Y he lawof-Pennsylvania, QPreyivania, and applicable {H INITNFSS , and Into ncgrhg to be gaily bound, each Owner has duly wm qtod is Mortgage the day /id year first above written. >r l? 49 (SEAL) c r rte n (SEAL) COMMONWEALTH OF PENNSYLVANIA I ) SS COUNTY OF ACIINOWIEDGMENT On 1 ?..17 U L - , be fore me, the undersigned officer (who certifies that he/she is not an officer or director of National Bank or Pennsylvania), p versonarly appeared Richard N. Garrett and Kathleen J. Garrett, (husband and wife) kngwn to me for satisfactorily,proven) to,be thou person(s) whose name(s) Is (are) subscribed to the within instrument and acknowledgment that he/she/they L' bcauit?d3thg.safnela?r thop?aposes therein contained. Wib?iess Wherw(,I4hhirdunto set my hand and official seat, t T. • '?p'!C ,?? „r,4 anal, ?,• t 1. il`MyTCsOmrd'?Iori'Explres'' ? •' •. a x , _ y ukri? "°'o, NOTARIAL SEAL :..,. a'?.-?jr y{? Christl9 L. UrrJefkofflOr PlOtefy Public V -4 CEfURCATE OF RESIDENCE Camp Hill Boro, Cumberland County My Commission Expire.; June 24, 20 02 I. do hereby canify that Mortgagee's preciso residence is 6750 Miller Road. Brecksvtie, Ohlo 44141. a r S.i wpma ror+w wv %I746PG4704 fat.,,. 12" 0298P rJ , I EXHIBIT A All that certain property situated in the Township of Lower Allen, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 13-24-0807-217. Being more fully described in a deed dated 08/08/92 and recorded 01/29/93, among the land records of County and State' set forth above, in Deed Volume 366 and Page 772. Permanent Parcel Number: 13-24-0807-217 Richard H. Garrett and Kathleen J. Garrett (Husband and Wife) 1709 Edgar Lane, Camp Hill PA 17011 Loan Reference Number 728-18438130 First American Order No: 3023068 I Certify this to be recorded In Cumberland County PA /wJ M1V _ ¦ t gK t 7 4 6 PG 4 7 0 5 Recorder of Deeds FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. C 10 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities, that she is Foreclosure Specialist of National City Bank herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. lo(? Date (Signature) Garrett - 07022560 rv C) 71 1 `vV • SHERIFF'S RETURN - REGULAR CASE NO: 2008-06004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK VS GARRETT RICHARD H ET AL KENNETH GOSSERT 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 1059:00 HOURS, on the 23rd day of October 2008 at 1709 EDGAR LANE CAMP HILL, PA 17011 by handing to RICHARD GARRETT 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: Docketing Service Affidavit Surcharge /61,b/DP, So Answers: 18.00 15.00/ .00 10.00 R. Thomas Kline s .00- V 43.00 10/28/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day of I A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK 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. He therefore serve the within COMPLAINT - MnRm vnvv County, Pennsylvania, to On October 28th , 2008 , this office was in receipt of the attached return from SNYDER Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. homas Kline Dep Snyder County 27.00 Sheriff of Cumberland County Postage .93 52.93 ?o?3b?bS 10/28/2008 WELTMAN WEINBERG REIS Sworn and subscribe to before me this day of A.D. ' v SAVED DISK # 08-6004 MISC. DKT. BOOK # 33 PAGE # 626 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY BANK NO: 08-6004 NOTICE AND COMPLAINT VS RICHARD H. GARRETT and KATHLEEN J. GARRETT AFFIDAVIT OF SERVICE AND NOW, October 24, 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 23, 2008, at 7:30 P.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. SO ANSWERS JOSEPH S. REIGLE, JR., SHERIFF SNYDER COUNTY, PA. JOSEPH S. REIGLE, JR., S E FF COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER SS: SWO AND SUBSCRIBED BEFORE ME THIA_ DAY OF , 2008 I.? DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. $ 18.00 Mileage 4.00 Notary 5.00 Deposit: $75.00 Receipt # 7961 TOTAL: $ 27.00 PAID TO COUNTY CHECK # REIMBURSED TO PETTY CASH CHECK # Refund: $48.00 Check # 5833 R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor COO of Cumbeez RONNY R. ANDERSON Chief Deputy JODY S. SMITH OFFICE OF THE SHERIFF Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 Please mail return of service to Cumberland County Sheriff. Thank you. TO: Hon. Joseph Reigle Jr. RE: National City Bank Snyder County Sheriff VS Richard H. Garrett et al 08=6004 civil) Dear Sheriff: Enclosed please find Notice and Complaint in Mort_hage Foreclosure .to be served upon Kathleen J. Garrett 171 Vine Street Kreamer, PA 17833 in your County. Kindly make service thereof and send us your return of service. Enclosures: very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania In The Court of Common Pleas.of Cumberland County, Pennsylvania National City Bank vs. Richard H. Garrett et al SERVE: Kathleen J. Garrett N 08-6004 civil No. Now October 15, 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, within upon at by handing to a and made known to 20 , at o'clock M. served the 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 NATIONAL CITY BANK IN THE COURT OF COMMON PLEAS 6750 Miller Road CUMBERLAND COUNTY, Brecksville, OH 44141 PENNSYLVANIA Plaintiff VS. NO. 08-6004 CIVIL TERM RICHARD H. GARRETT . KATHLEEN J. GARRETT CIVIL DIVISION 1709 Edgar Lane Camp Hill, PA 17011 TO: Plaintiffs NATIONAL CITY BANK c/o Patricia L. Blais, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 NOTICE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE SERVI EREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST Y Dated: 2 By: Jo dan p. Cunningham, Esquire P 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: Jcunninn hamacclawpc.com NATIONAL CITY BANK IN THE COURT OF COMMON PLEAS 6750 Miller Road CUMBERLAND COUNTY, Brecksville, OH 44141 PENNSYLVANIA Plaintiff VS. NO. 08-6004 CIVIL TERM RICHARD H. GARRETT KATHLEEN J. GARRETT CIVIL DIVISION 1709 Edgar Lane Camp Hill, PA 17011 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 I . 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 denied. Defendant Kathleen J. Garrett is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at the time of trial. By way of further pleading, Defendant Kathleen J. Garrett has not lived at the address set forth in Paragraph 2 for eighteen months. 3. The averments of Paragraph 3 are admitted. 4. The averments of Paragraph 4 are admitted. 5. The averments of Paragraph 5 are admitted. 6. The averments of Paragraph 6 represent a conclusion of law or fact to which a response is not required. 7. The averments of Paragraph 7 are denied. To the contrary, Defendant Richard H. Garrett has occupied the former marital residence and no demand was ever received by Defendant Kathleen J. Garrett as alleged in Paragraph 7 of the Complaint. 8. The averments of Paragraph 8 are denied. To the contrary, Defendant Richard H. Garrett has occupied the former marital residence and no demand was ever received by Defendant Kathleen J. Garrett as alleged in Paragraph 8 of the Complaint. 2 9. The averments of Paragraph 9 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. 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. 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. 10. The averments of Paragraph 10 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 9 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. 11. The averments of Paragraph 11 represent a conclusion of law or fact to which a response is not required. NEW MATTER 12. The averments of Paragraphs 1 through 11 of Defendant Kathleen J. Garrett's Answer to Complaint in Mortgage Foreclosure are incorporated herein by reference as if more fully set forth herein. 3 13. 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. 14. 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. 15. 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 to occur before December 31, 2008. 16. Defendant Kathleen J. Garrett has been advised by Defendant Richard H. Garrett that he provided notice to the Plaintiff of the proposed sale 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. 17. 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 in December, 2008, the entire $25,000.00 deposit will be forfeited. WHEREFORE, Defendant Kathleen J. Garrett respectfully requests that judgment be rendered in favor of the Defendant against the Plaintiff, together with costs. su Dated: I ,1 0 By: & C. HERNICOFF, P.C. jffjg D. Cunningham, Esquire A unreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Attorneys for Defendant, Kathleen J. Garrett F:WomeAHEW177)DOCS,G-11GARRF7T, KATHLEEMFORECLOSURE ACfIOMFORLCLOSURIi #2 NOON 6004'AASWI R 111908 pd 4 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 unsworn falsification to authorities. X ?azz&v- - rALZ??7 athleen I Gar tt Dated: // ?? 08 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: Patricia L. Blais, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorneys for Plaintiff Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Richard H. Garrett Ange L. Hewitt Legal Assistant r q{ f i Po t,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, V. NO: 08-6004 RICHARD H. GARRETT and KATHLEEN J. GARRETT, Defendants. TYPE OF PLEADING: PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patricia L. Blais, Esquire PA I. D. #56648 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 4367 th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR# 07022560 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, V. NO: 08-6004 RICHARD H. GARRETT and KATHLEEN J. GARRETT, Defendants. PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE PROTHONOTARY: Kindly discontinue and end the above-captioned matter and mark the docket accordingly. Respectfully submitted: Weltman, Weinberg & Reis Co., L.P.A. By: Patricia L. Blais, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 4367 th Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn and subscribed before 2008 COMMONWEALTH OF PENNSYLVANIA ENotarial Seal Heidi J. Kelly. Notary Pudic City Of Pi>tsbtlrgh. ANeghenY CouttY My Commission Eniires Nov. 4,2M Member, Pennsylvania Association of Notaries C' V r