Loading...
HomeMy WebLinkAbout09-0177 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 19sloa CITIMORTGAGE, INC., SlBIM TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff v. LUCAS J. PRINS NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ~i~vi ~ NO. 461- ~~7 CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 19s104 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within 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 maybe 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 File #: 195104 Plaintiff is CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: LUCAS J. PR1NS NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/21/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WAYPOINT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1763, Page 1434. By Assignment of Mortgage recorded 06/27/2002 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 688, Page 1277. The mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 195104 6. The following amounts are due on the mortgage: Principal Balance $87 503.37 Interest , $3 053.68 07/01/2008 through 01/12/2009 , (Per Diem $15.58) Attorney's Fees $1 325.00 Cumulative Late Charges , $150.25 06/21/2002 to 01/12/2009 Cost of Suit and Title Search 750.00 Subtotal $92,782.30 Escrow Credit Deficit ($311.82) Subtotal $0.00 TOTAL 311.82 $92,470.48 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiffreserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 195104 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $92,470.48, together with interest from 01/12/2009 at the rate of $15.58 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ` Lawrence T. Phelan, Esquire ~ancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 195104 ~~~ ~ 3~(o ~~ Prepared By: WaYpoint Bank 101 S. George St, York, PA 17901 866-929-7646 Parcel Numbcr: 13-23-597-348 . _"." ~. ~f~GLER .' '. . t;i' D~~G~ .. ';'. ~ Y - ~,~ 'Q2 JEJN 27 fl~ 1~ 52 Return To: 101 S, George St York, PA 17401 866-929-764b Laos At7ore 17rr IAoe )Ror ReoordtsR I]atal MORTGAGE DEFINITIONS Words used in multiple sections of this document ato defined mow, and other words are defined in Sections 3, 11, 13, 18, ?A and 2I. Certain rules reg~~ ~ also provided is Section 16. ~Se of words used in this document are (A) °~uNty Instrum~t" means this docttment~ which is dated June 21st, 2002 together with all Ride this document. (B) ~~ ~" ~ a J Prins and Nicole T.,. Prins /ULP Borrower is the mortgagor under this Sequity h~atrument. (C) "Lender" is tQaypoittt Bank Lender is a E'ederal Savings Bank AENNSYLVANIA -Single FamAy - Fn77fa MadFndda Mao tJ~gFORM INSTRUMHIIT ®o BtAAt ioooel ~i Papo 1 0l 16 ~~ ~ ), ~ VM- MORTGA(gE FOIIMB - (s0017i27.7 ,f3V/fY~l ~yiy ~.~is/~ ,~(. Bf((76;~~'G1434 Form 3039 1101 17/~(1/9011R 19.9fi•SR PM C:IIMRFRI ANf) (;nIINTY Inst.# 200225966 - Paoe t of 18 organized and ratistittg urger the laws of the United States of Attterica Lender's address is PO Box 1TI1, Harrisburg, PA 17105 ^ Adjustable Rate Rider [~ Coadomiaium Rider Baboon Rider ~ Ptattnod Unit Dever Seward Home Rider VA Rider Biweekl °~t Rider 1-4 Fatally Rider y Payment Rider otber(a) [tP~$'l Rider to Paragraph 19 (H) "Applicable Law" mesas al! controlling applicable federal, ordinances and admitdstrative rules sad orders (that have the effect of law) as well as all applicable final, non-appealable judicial t~itt~ns. (n "Comtnuplty Association ]Dtr~, Fees, and Aaaeasnrettts" areaos all dues, fees, aasesameata std other charges that are imposed oa Borrower or the association or similar orgaoizuion, Y ~' a cortdotnrwum association, hottreowrurs (~ "~°dro°ic Freada ltanefea." means any transfer of funds, other than a check, draft, or similar paper instrument, which is initiated throu as d ~d0a originated by instrument, computer, or ~ econonic terminal, tetephonic or credit an amount. Sut~ c ~ so as to order, instttx;t, or authorize a financial institution to debit machine transactions, transfers ioit'ated~ byt ~ep~ ~n ~ t'ofaala transfers. atuomated teller transfers. fora, and automated clearinghoase (~ "Escrow heats" means those items that are described is Section 3. ~) ~~MLiceBaae°ua i{~0~~~ mesas aIIY eompattation, settlement, award of es or r by any third parry (other than iasuratrce pmcoeds Paid under the cove es ~E P °COpds Paid damage to, or destntction of, the Property: (ii) condeaanatioa or other t ~ ~ ~iOa S) for: (i) Property; (iii) conveyance in lieu of condemnation; or (iv) mg of atl or any part of the v~LLe and/or condition of the Property. ~srePraeatationa of, or omissions as to, the (1~~M~ortgage Insurance" nrcans insurance Protetiiag ~~ against the nonpayment of, or default on, q~ "Periodic A-ytoeut" aleaat the regularly scheduled amount due for i Note, plus (ii) any amounts under Section 3 of this ()Pupa! and mteresi under the Security Instrrtnrent. ®-6(PAl toaos~ '"o ~ 2 ~ ~~ Form 3pg8 1101 Larder is the mortgagee under this Security lattrutaent. (D) "Note" meant the Promissory note signed by Borrower sad The Note states that dated June 21st, 2002 BomowerowesLender Eighty Four Thousand and no/100, (U.S. $ B4, 000.00 ) ply ~~ Borrowerhaa Dollars Pay'tneats and to PaY ~ debt in full trot later hula July ls~a2032 ~ thin debt in regulaz Periodic Property means the PmPe1tiY that is described below under the heading "Transfer of Rights in the PAY " (I'? "Loan" aneaas the debt evidenced by the Note, plus intet+eat, auY PmPayt~nt charges and late charges due under the Note, and al[ sums due undo this Security insgvmetu, Plus interest. (G) ~~~~" means VI Riders to this Security Ioatrutnent that are executed by Borrower. The following Riders are to be executed by Borrower [check box as appticableJ: 8K 176;;F-~ j 435 12/30/2006 12:26:58 PM CUMBERLAND COUNTY Inst.# 200225966 • Page 2 of 18 (O) "RESPA" ,Weans the Real Estate Settlement Ptoeedttrea Act implementing regulation (12 U.S.C. Setxton 2601 et seq.) and its Regtt[uioa X (24 C.F,R. Put 3500), ~ ~y might be a from time to tune, or any additional or sttocessor legislatin m. ~ ~ govern t~ ssa~e subject matter. As used m ~ minty Irstrument. "RESPA" refers to al] to a "federally related ta~ortgage loan" u,~ if the L~ ~ a ~~,~~ ~~Y~ated mortgage loan" under RESPA. (P? "Sttocrasor to laterrat of Borenwer" mesas nay party ~ ~ caftan tick w the not that party has aswmed Bornower'a obligation under the Note and/or this Savri ' whether or ry trumeat. TRANSFER OP RIGFITS IN THfi PROPERTY This Sequ~ity Instrument secw,p to I.t»der: (i) the ttpayment of the i,oaq and all renewals, exteasioas and modifications of the Note; and (il) the p of Security Instrumem and the Note. For this purpose, Hon+o ~,ah~ ~ ~ ~ ~t'0~~ nAder this oLender the following dearrlbed property logted is the county ' &'~ and convey to Cumborland frYPa cf itowrdiets )urisdluioal See Attached Legal Description ~"~ °f~01d'"a 7prinl: which currently has the address of 1919 Carlisle Road ("Property Address"):~ Hill [ChYI, Pemtaylvaaia 17011 tZip ~) TOGETHBR WiTA ail the improvements now of heaeaftzr orated on the property, and, all addidons~shall~cove~ ~~ IIOw or heceaRer a part of the property. All raplaceatents and N Security Instrument as the 'Props ty ~ ~~ty ~. Ali of the fm~egoing is referne~ to is this -8(PAl roooe~ r+o. a a is Coen noes trot B~{ ! 76:~Fi; t 436 12/30/2008 12:26:58 PM CUMBERLAND COUNTY Inst.tl 200225966 -Page 3 of 18 BORROWER COVENANTS that , is lawfully seitred of the the right to mortEage. grant ~ o~ estate herby conveyed and has encumbrances of recortt. Borrower ~ ~ ' and that the Property is ~~ except for claims sad and wi)I defend wally the tide to the demands, aubjax m nay enwmbrancee of record. Y ~ttst all THIS SECURITY INSTRUMENT combiner; uniform coveptmta for national nee sad non-uniform covenants with limited variations by jttritdiction to Ftopam,• eaetstitttte a uniform security lnstrutnent voveting real UNIFORM COVENANTS. Borrnwce ~ I.endcr covenant and m follows: gorrower~~i npey whw due they &ce+uw Items, Prepays Cbargm, and Lane C es. P~Yment charges and laps chugu due under the on, the debt evidenoM by the Note anhad~aay pursuant to Section 3. Payments due ttndet the Note and thm:hat! also pay fad for F.scr'ow Items currency. However, if any check or other instrument received Scarcity Inst~ shall be made in U.S. Security Inauurnent is rettuaed to I~der ~' I~der +~ Payment under the Note or this due under the Note and this Securi I ~~~ I.eatler may n9~ thu arty or su tY »elrnment be made in one ar mon of the followJ'ngtforms, as selected by Lender: (a} cash; (b) money order; (c} certified rireck, bank t~tcek, tt+eaeurer's check or cashier a check, provldod arty such check is drawn federal agcy, inatrumemaiity, or enti ar d)~ectronIc an institution whose deposits are insured by a ~Y~ts are deemed received ~: () ~°~ Transfer. such outer location as may be ~ I•~der wh°° ~~ ~ ~ location designated in the Note or at Leader may return an ~~ ~ Leader in aooordaace with the notice provisions In Section IS. bring the Loan current.Leader rots ~~ ~ if the payment or partial payments are insufficient to current, without waiver of Y accept ~ PaY~nt or partial payment h~cieat to bring the Loan ~ ~u der or Prejudice to its rights to nfitse such payment or partial P$Ymenta in the future, but bender is not obligated to apply such paymeata at the time each paYmants arc accepted. If each Periodic Payment it appl~d as of its interest on unapplied tlrads. Leader mauled ~ tltue, thm Lender need not pay the Loan current. If ~Y hold such naappliex! funds until Bort+owgr mates pttytomt to bring Borrower does not do so vrithia a teaeonabk period of time. Lender shall either apply such ftruds or return them to Borrower. if not applied earlier, each fu»ds will be applied to the attstaading Principal balance under the Note immediately prior to fondtuut+e. No oflhet or claim which Borrower might have now or in the future against Leader shall relieve ~~~ from malting PaY~nts due under the Note and thin Security Instrument or petfo instrument. ~~ ~0 coveoan~ a~ socured by this Security 2. Application of Paymapta or payments ao;,epted and applied by ~ ~~ as otherwise dea~i>~ in this Sootion 2, all due under the Note: (b) principal due trader the No~M in the following order of priority: (a) interest shall be applied to each , () ~~ ~ ~' Section 3. Strclt Periodic Payment in the order iA which It bocame due_ PaYt~nts shall be applied first to late charges, secrnrd to any other amounts due under this S ~ nmg e®Ot1ats then to reduce the principal balaatx of the Note. tY iastnrment, sad if Lender receives a payment from Bornower for a delinquent Periodic Paymprt which includes a sufficient amount to pay any late charge due. the payment a»q, be applied to the delinquent payment and the late charge. If more rhea one Periodic Payment is ou from Borrower w the repayment of the Peiodic Payn>mta~ r~~• ~ ~ any Payment received , each payment can be -BfAA} ioooar ~~ rp.sor ~a Form 3039 il'Ol 6K 1 7 6 ~'l~ i 4 3 7 ~7l3~l9f111A 1T9R~Ffl PAA f:UMRFRI ANft Cfl11NTY Inst.# 200225966 -Page 4 of 18 paid in full. To the extptt that nay excess exists after the paylm~etu is lied to the full more Periodic Paytrteats, at~h exoesa may be applied to ~ Pay of one or be applied first to my prepayment ehsrsa ~ rhea ~ described lapse, . Voittrttary Pr'ePaYmunts shall My application of Paymuots, iasur~oe Pt'~ds, or Misoellapeouc Prooaeda to the Note shall not extend or postpeae the due date, or e ~ P~dPal duc under 3. I~tnds for Eacmir Itpos. Borrower shall Chang ' of the P~iod;c I'aymwts. wader the Note, until the Noce is ~ 1° La-det oa ~ day Periodic Payments are due for: (a) taxes and P~ ~ tuts, a sum (the Funds) to provide for payer of atnouats due and other items which can again priority over this Security instrtrrn~t as a lieu or encumbrancx on the Property: (b) bold premiums for any and all inawmcu paymertta or ground testa on the Property, if my; (c) premiums, !f my, or ~ Currier udder Su~O° S+ sari (d) Mortgage Insurance ~Y stmu payable by Borrower to Lender is lieu of the Items." At originatl Qr wiW the provisions of Seaiga lp. 7~ ~ are calladMoEEscmw Association Dues. Fees. and ~~ th0 term of the Lom, Lender ~, ~~ thu CO0°m~ty asae:ameats sbatl be m Escrow~~ if ~, be escrowed by Borrower, ,I~ aucb does, fees and be paid undo this Section. Borrower ahal ahatl ~'0~Y ~'~ to Lender all notices of an>founts to 13orTOwer's obli ~ Lender th0 ~+ for Furrow Items unless bender waives obligation to 8~ to Pal' ~ Ftitods for my or au Exxow Items, Lcttder Pay to Lender Pwtds for my or all Escrow ~' waive Borrower's in writing. in the evem of such waiver, Borrower shall Items at ~' time. Aay such waiver asay only be due for any Escrow Itealu far which Pt4Y di:+ealy, whm sari where pay~le, the amounts shall furnish to Lander teoe3pts PaY~ of Funds ~ born waived by Leader and, if Lender requires. Borrower's obligation to matte ~ p ~mmant within auk titre parlod as Lender ~, ~~. be a covenant and agreement contained in this Security l~rumeattL~ ~ ail Ptt'P°B~ be donned to is used in Suction 9. if Borrower is ob ' P1u'ate 'covanaat ~ agr'~nt' Borrower fails to pay the amount due forgro~,~ ~ I~ ~Y. Putt to a waiver, and and pay such amount and Borrower shall the~t be obi ~ tendar ~' exerolse its ~m ttttder Section 9 amount. Lender may revoke the waiver as to origated under Section 9 to repay to header my such accordance with Suction 1 S and ~ Eacro~'-' Items u nay time by a notice given in such arnottn[s, that are rhea ~ ~ such revocation, Borrower shall pay to Leader all Funds, and in Lender ma ~ m roqutrod utuier this Section 3. the Funds at the time Y, fled trader RESPA Fhttba is m amount (a) sufficient to permit lender to apply require wader RESPA. Lender shall ~ + and {b} opt tp exceed ~ aNOUat a lender can reasonable estimates of lmate the amount of Funds doe on the basis of ptrrtxtt data and Law. uxpeuditpt,m of truur+e Escrow Items or otherwise in accord,~e with Applicable The Funds shall be held is m institution whore depoaiU are insured b irratrumentrtlity, or entity (ineludirtg Louder, if Leader is m itratitutloa whose Y a federal agency, any FoderaI Home Loaa Beak, Leader shall apply ~ ~~ ~ deposit: are so inaw+od) ar in speclfiod wader RF.SPA. Leader shall not cLargu gprroaror for ~ ~ ~ tto later tium the tip analyzing the escrow accormt, or idl~g ~ ~Yhtg the Funds, annually Funds and Applicable Law v~'~ ~ Escrow ~, ~~ Lauder Pays Bon+ower iatereu oa the or Applicable Law permits I.tader to °~ ~ a charge. Ualese an ~ trtade ~ wridng y interest or ar' earnings oa fire Funds Bp~ ~ ~~• I'mo' °~ not be t+oquirud W pay Borrower Leader r;an agroe in writing, however, that intere~ ®~ afPA{ +oooa w Pw.ea~e Form 303Y 1101 BK17Ei~~i;1438 ~•~nnr~nnR t) 9R 5R PM RUMAFRI ANE) f:f)I INTY -• ^~ ~~~~ _ ~'-• ._ •^_ Inst.lf 200225966 -page 5 of 18 shall be paid on the Funds. Lender stroll give to Borrower, without charge, aq annual aocoutujng of the Funds as requirod by RESPA. If there is a surplus of Fonda heW in escrow, as defined coder ItESPA, Le+acler shall account to Borrower for the excess foods is awot+daace with RESPA, If there is a shortage of Funds held in escrow, as defiaod under ItFSPA, Lender shall notify Borrower as required by RBSPA, and Borrower shall pay to i-ender the aa>tount necessary to taaice up the shortage is a with RESPA, lwt is rb moue tltao 12 monthly payments. If therz is a deficiency of Funds beJd is escrow, ss defmdd tro~dtr notify Borrower as roquired by R$SPA, and Borrower sha11 RESPA, Leadex shall up the deftcieacy )n acco[dance with ~ ~ ~rY ~wmsnt ~y~a' to matte Upon payment is full of all sums ,Lender shall promptly nfttnd to Borrowex any Fuada held by Lst>rier. 4. Charges; Liet>s. Borrower shall pay all taxes, assesameots, attributable to the Pt~operty which can attain fines, sad impositions gtnttnd rents on the P~ntY over thin Security In:rrumeat, leasehold payments or ~P~Y. U any, sad CommudtY Association Duea, Fees, and Asaessmeata, if atty. To the extent that these items are F.sctow Items, Borrower shall pry thorn ~ the manner pmvidod is Section 3. Borrower shall promptly dischat'ge say lien which hat Borrower: (a) agrees is writing to the P~~Y ~' this Security Irrstrumeat unless to Lender, but oni so ton as payareat of the obligation secat+ed by the lira in a manner acceptable Y 8 Borrower is performing such aptx~t; (b) Mesta the lip in good faith by, or defends against enfonoernent of the lien in, legal Proceeding: which in Lender a ittioa prevent the enforcement of the lien while those ~ oP operate to are concluded: or (c) secures from the holder of the anc ~~' ~ Daly until such proceedings the lien to this Security Instrttmeat. I f ~~ detetmiaea ~t °~~or7' to Lender subordinating which can attain priority over this Securi Y Part of the Property is subject to a lien lien. Within FO Jaya of the dace on which • ~~ tray glue B°rr°wer a nonce idencifyittg the more of the actions set fo[th above in this Section 4. ~ 8n'~. Borrower shall sa[&fy the lien or take one or [.ender may regttue Borrower to pay acne-tittle cbuge for a real estrae tan verification and/or reporting service used by Lender in cA,naectioa with this Loan. S. Property Lswrasne, Borrower shall ttte ~nY inattred agaiaat loss by fire ~ ~ tmproveauats now e>rhitiog or her+eafiter erected on other hazards including, but not limited toh~s ~~ within the term •exteaded coverage," and any This insurance shall be [naiatained in t>te wakes and floods. for which Lender re9uim insutaatx. Leader [rquires. What Lender amouttsa (~~ ~ leveht) and for the periods that the Loan. The insurance carrier~~ Plat to tIu pt~g can ~e during the term of right to disapprove Borrower's choice w>u~'ch~~ shall be ~' ~~ subjea to Lender's require Borrower to ~ :hall [>ot bo ~atencised u[rrea,onably. ~~, may PaY. is connection with this Loan, dther: (a) a one-tlme charge for flood zone determination, certificatbn and and certification services sad services; or (b) a one-time cttatge for flood zone determination reasonably might affect such ~t charges each time ren[appirtgs or similar changes occur which txmination or certifltxtion. Borrower sdall dm ~ r'~apoasible for the paynteat of say fens imposed by the Federal ~uageacY IKaarlgemeat Agency in correction with the review of any flood zone determination tnsttiting from an objection by Borrower. -6tPA) accost w ~p ~ s a is Form 3039 1101 BK 17'6:i~'~ ! 439 17l4l1Mf1l1R 17•~R•5R PAA C:I IMRFRt ANr}!:f)IIN1Y y Inst.# 200225966 -Page 6 of 18 If Borrower fails to maintain nay of the ooversygea described ~~, Leader may obtain insurance covq~~t. ac lender's option and Borrower's expwae. imtder 4 under no oblfgation to purchase any P~~u1ar type or amount of covtntt;e, Therefor, ouch eoven~e shall ~~ . but not protect Borrower, eorrower'a equity is the Property, or the omtents of the might or might hazard or liability and might provide gnator ~ Iptlr ~ ~rtY, against sty risk, acknowledges that tht cost of the insurtmx ~,~ ao o ~~ "~ Y ~ efi'ect. Borrower insurance that Borrower could have ~~ s~rificatttly exceed the coat of becottu sdditional debt of Bortnwet setau+ed b~thia ~~ ~ L,eoder ur>`der ~ Secdoa S shat] at the Note rate from the date of disbursrateat and ahal~ty fit. ~~ amounts shall bear interest Leader to Borrower nqucuigg payer, PaY~e, with auk interest, upon notice front AlI insurance policies ~~ by I.wtkt and r~wali of :vcb- policies shall be right to disapprove tuck Policies, shall iadtade a standard ~°~ to Latder's martgagx and/or as an additional loss a ~auae, sad shall acme Lerder as certificates. If Leader ~ ~~' Lander ahali have the right to hold the policies and renewal renewal notlcea. Ff + ~ shall Y ~~ to Lender all reoeipu of psid premiums and Boaower obtains nay form of iaaursncx oovarage, ant ot6araviae for damage to, or deatrluxion of, the property such nquind by Leader, shall name I.cnder as mortga,Qee and/or as an atlditionai ~ ~ , include a staadsmd mortaase ciawe sad In the event of loan, Borrower ~1 gig prompt notice to the hrsttraace larrkt and ~Y asake proof of loan if not made promptly by Borrower, UnIeaa Lender sad . Lender in writing. nay insurance ply, whesbor or twt the under] BOn'o~ otherwise agree be applied to restoration or repair of the yiag insarauoc wan required by Lander, shall Leader's security is not lessened. During a, if the reutoratioa ~ ~r ~ °0 feasible sad hold such insurance proceeds anti! Leutder hoe had as ~~~ P~• Fender shalt have the right to work has been completed to Lender's satisfaction. pnurided that inapaxion shall be ~~ the promptly' Leatder may draburse Proceeds for the repairs sad nesta~ in a single ~ of progress Payments as the wait is completed. Unless as agr+eemprt is made in wd ~~ or in a aeries requires interest to be paid on ouch insgraaoc prooaeda, T.eader shall not be rogaind w or Applicable Law interest or earnings on such pr+otxeda, Fees for public erg jt~ Pay Bon'owa ,ay Borrower shat] not be paid out of the ' ~ °~~ ~~ Pottle:. retained by the restoration or repair is not et~nonticatl Procxeda and sbdl be the aok obligatiest of Borrower. if y feaable or Lender s P~~s sh f ~ aPPiied to the auma aeatred by tb~ ~~h' yutrumaat.~wbetherl~ ~tuwa Section 2. y' paid to Borrower. Such iaautlurce p ahatl be ~ order provided for in If Borrower abaadoga the prop~y~ Ltstckr claim and related mauers. If Borrower does not ~Y fib' mate sad settle any available insurance insurance carrier has offend to aside a wItbin 30 days to a notice from Leader that the period will ~, then [,ender may aegog711e ~ awe the claim. '!Le 3O-day begin whin the notice !s ~~. In ~~. event, or if Leader Section 22 or otherwise, Borrower property under ~, ~igm to T.etder acquires the Premeds in as amount not to exceed the (+~ Borrower's tights to any insurance (b) any other of Borrower's amount: unpaid under the Note or this Security Ia:<rumeat, and Borrower) under all inwrance~u (other than the right to awry refund of unearned prepriy~ paid by coverage of the ~~ Q°VO~g the property, insofar as soeh ~'oP~Y• lender may use the iastnsmce proceeds either to riighta are appligble to the to pay amounts wtpaid under the Note or this Security taatntment, why or not that due. ~ ~ (~-t;(PAl 10000 ~~ rw.~a~s t-orm 3038 1101 BK 1763PG ! 440 12/30/2008 72:26:58 PM CUMBERLAND COUNTY Inst.# 200225966 • Page 7 of 18 6. Oawpaacy, Borrower shall otxupy, establish, sad ttse the residence within 60 days after the execution of this Y as Bortwer's principal Property as Borrower's prlaGpttl resideatx for at least ~~~ aM shall c~ntinne to oxupy the otherwise agrees IA writIag, which consent shall not be date of oxupuxy, uatesa Lender circumstanoea exist which are beyond Borrower's oorttrol. Y withheld, or unkss eltteattating d~lOy' damage °r ~~~perty, all~teetio~a of the Yropertr; InaPectloos. Borrower shall not Y. Whether or not Borrower is res.. ' ~ d~mtasate or oormnit waste on the order to prevent the prppE1rty {~ deteri ~ ~~ Y. tall tuaintaia the property in determined tuattant to ~6 deg ~ vahte dae to its amdltioa. UNesa it is Pt'omPUY repair the Propertynif ~ ~ or reswration is not ~onomically fea:ibk, Borrower shall condemnation wed to avoid further deteHoratioa or damage. If insurance or shall be re~onaib an P~ ~ QO~Op with dalaage to, or the taking of, the repairing or restoring the Property only if Lender bas rele+sedY. Borrower purposes. Leader taay disburse prooeede for the prvoeeds for such progrlesa payments as the work is completed. If theme 'in ~ ~ 1A a sit~(e paY~tt or in a series of to repair or restore the property, Borrower is sot relieved of or t~sndeamattoa p100°°ds ar+e °0t sufficient such repair or restondoa. mower's obligation for the completion of Linder or its agent may melee reasonable entries upon a~ inapetxiona of the pr reasonable cause, Lender may inspect the interior of the unProvanents on the °piem`' ~ it has Borrower notice at the dine of or prior to such an interior inspection ~P~Y' i.ender shalt give S. Borrower's Loan Appiietttion. Borrower shall be in default fY~B atrch r~aaonable cause. Process, Borrower or anY Persons or entities acting at the direction of Borrower or wL ~ Borower's knowledge or rortscnt gave materially false, misleading, or inaocarate information or afar (or fallod to provide Lender with ttaatetial information) is connoctioa with the ~~ to Lender r'eFreaentatiaaa include, bnt are not limited to. represerttatiotu ~. Material ~PenY as Borrower's princppa( residentx. CO°0~°mB Borrower a otxupancy of the 4. Protectbn of Larder''s Iattt~ in the Property taod ~~ jJ~. tbie (a) Borrower fails to perform the coveaatus ' instrwneat. If is a legal procuding that might si ~ aW~aeats ~~a0d ~ ~ '~rrt3' fit, {b) thtrt this Security Iastrutneat (match ~ a~Y affect Leader's ~~ in the Properly and/or tights under enforcement of a lien which mrypup~tty off' 3 a~>1rt ' ~' ~nd~atron or forfeiture, for regulations), or (c} Horroaer ~ abandoned ilia tY Iztz~tmmt or to enforoe laws or reasonable or appropriate to protect Lettda's interest '.m' the pro ~Y do and pay for whatever is Instrument, including proteetittg rtnd/~ aa:~aing the value of the Pew ~ rights under this Security the Property. Lender's atxiona can ' Y. and sepuiag and/or repairing include, but are tint limited to: (a) paying say atnr><s seatred by a lien wftich has priority over this aaorneys' fete to Security ~Wmmt; N) aPP~~ ~ court; and (c) prying reasonable Protect its interest in the Property and/or its secured position in a bankruptcy proceed ~u trades this Security Instrument including entering the property to maker repairs, change ~ ~ ~o~y ~~• but is not limited to, from pipes, eliminate building or other code vialatioru olax or board tip doors and windows, drain water on or off. Although Lender may take action otmditions, and have utilities turned under any duty or obligation to do so. It is agreed that Leader incurs oa liability orvuot taking any or all actions authorized tinder this Section 9. ®-sll'AF ttwast 0 ro.aa/e rw+ ~~ Fenn 3tl39 1101 8K(76~P~1441 1713{1/7[1(18 17.7Fi•SR PM f:t1MRFRl ANn C:(111NTY -.,._~ )nst.# 200225966 -Page 8 of 18 Any amounts disbursed by Lender undo this Saxioa 9 shall become addttioaal debt of Borrower secured by this Security Inattttnrerrt, '!~ amount: s>udl bear fntenat at the Note rate (from the date of disbursement and shall be pzyabk, with etch interest, upon notitx from header to Borrower requesting Payment. If thls Security Insbwnent is on a leaaobwid, Borrowq~ shalt ~ base. If Borrower acqulyd Yee title to the ~Y with all the proviaioaa of the Lender agrees to the merger in wrl ' Y. the leaaelrold turd the fee title shall tat merge artless BotrowerMa)talO1 jib ~. If L~~aoder rogttit+cd Mortgage j>uuatimee as a conditiaat of nuking the Loan the Mortgage Insurance coverage ~~ to ~ ~ Mortgage laauraace in effect. If, Por any reason, previously provided such insurance and Bgrpq~. ~ to be available from tla mortgage inatrtrr that toward the premiums for Mo a ~~ to melee aepaeuely deaig~ payrents coverage aubstsatiall rt8aS HOn'0t"'°r th~l 1xY the p~~ requited to obtain etpti alent to the coat to v Y ~ Borrower of the M~ In+tttaa~ p~rousiy ~ ~ :< a °~ aubaantially mortgage insurer selected by L~ertder. If subat~ pY m effect, from an alternate available. Borrower shall continue to ~Y «luivalem Mortgage Inautaave coverage is rot were due when the insuraaoe covet ~~ to I;~ader ~ amount of the :~telY deaigtrated e ceased to be is tdfect. Leader will accept, use and retain these PaY'~rs as a non-refiutdabk loan swerve is lieu of Mortgage Inwraaoe. ~ ltm traserve shall be ~iretirndable, notwithstanding the fatx that the Loan k dtimatety paid in full. and Leodetr shall sot be pay Borrower any iatcrest ar eatnings on Latch lea rarrvc. Leatkr taut no ' nequlr,e Iola reserve payments if Mortgage iasuraace coverage (tun the atraunt and for the period that Leader t+equines) provided by an insurer se~etxed by Leader +i~ becomes avat~abk is sepatwely desigasaed payments toward the obtaitad, and Lender tegttires lnaurance as a condition of tnakiag rho l.o o a~ ~~°i~ . If Leader regairnd Mo ~Se payments toward the premitrpot for Mortgage , Borrower ~ ~ ~ Y marntain Mortgage [narrattce in effec or to required to rl.~~r~vld r Mf rtg~ 6rstuatttx tads in accordance wWr any written agieememt utttll Leader's p kg termination or until termination la required by Applitubla Law. N ~r sad Section 10 affects Borrower's obligation to pay i>uet+mc st the rue provided is the Note. °~mg is this Mortgage Insurancx ~ reader (~ ~, ens that pturhsaea the Note may incur if Borrower does rat repay the Loan as agr~ood. Borrower Is act a PAY rtoMot~tgagie Insurance, Mortgage insurero evaluate their toW fiat oa ail audr tnsutaaue in force from time to time, sad tray enter into agreenrenta with other parties that share or modify their risk, or reduce losses, T>fxse moments are on terms and eonditioas that arc aatiafatxory to ~ iaaurer ~ tau other parry (or pubes) to o~~ ~rnents.~Theae agreemeata may rtgttir+e the mortgage itutu+er to make payments using ,~y aou~c Insurance premiums)~e insurer tray ~7C available (which may include fwrda obtainM from Mortgage As a result of these >;groemwts, Lender, ~, per. of the Note any other entity, or any ttfYliiate of say of the • a°O~r fir, any reitraurer, derive from (or t be ~°~• ~Y ~?ive (directly or indirectly) amounts that exchange for ahari~ag or mfyrag tbewmo portion of Bor'rower's paymeati for MortS'4Ba Insuraox in provides that as affiliate of Leader fates a s o~r simurter's ~ loataea. If such t premiums paid to the imut~er, the arranges is often termed •gpyve ~~e futt~er ~~ of the (a) My such agr'captsrta r-tll sot s~lfed idle artaoutua tlssd Bosrewar ~ agreed to pay for B~orro~were wt11 ~~ag~' terror of tLe Loan. Sn~ ~eab wt0 tact Instrraoce, and they wilt toot entitle Bora+awer to atry ~fihe amount (~-S1PA) ynooa~ ro• • a to Form 3039 1101 8K1763EsG1442 17/'i(1/7~(1A 17.78 5R PM rllMRFRI ANf) f:f111NTY ~+ ` Inst.# 200225966 -Page 9 of 18 (b) Any such its will trot aRect the testa Borrower bas - U Mortgage itmtranee under ~ gouneowttKrs p~~~ ~ of 29913 or ~Y -with respell to the may include the rtgLt to recNre eartttfa aW' other taw. These rights Mortgage [ua~ttraatx, to have the Mortptge ~~ sad obptin qo of the t~eftmd of any Morylage Inntewnce p~~y that wets ~~ M~'~ or to receive a termi~tion. cvoodtatioa or 11. t of Mi.odi.aeow pt~py; ~tekure, Ail Mitcellatuous ~~~ ~ Maid to [.coder. Pt~nceeds are herby the ' >uclti Misoetlaneats Pi+ocaeds obeli be applied to restoration or repair of Property, if the restotyti~ or repair is a:anatooicdly femble and Lsadar s sera During sorb ~r ,~ renotatioa Pte. Lander shall Lave the right to hold sndt Misr a anernu proooeds uadl Lender ha had an opporpa~, ~ such l:.eader'a satisfaction Y to emure tLe work La: been r .provided flail ouch iaspoctien than be uodertaium ootnpleted to epairs and restoration in a single disburterneat or is a snip of lY- Leader ~ ~` ~ the completed. Unless an agreement is made ~ wtitit~ ar Apptipble Laws ~~~ '~ ~ work is Mtuxilaneous Proceeds, Lender shall not be ~p to be paid on such Misccilaneaua Proceeds. If the restoration or p PaY Borrower ally miereat or earnings oa ouch be lessened, the MIacetlatreotra Peocoods shalt is not economitatlly taat'bto or Leader's security would whetbu or not thin due, with t>w exops if an ~~ to the attars secured ~, ~ Saxtrhy Instnrrnent, applied in the order provided for in Section 2. y' paid to Bon+ower. Such Mitcedlrmoous p sh~l be In the event of a total taking, deaattcda~n, or loan in value of the Pmceeda shall be applied to the rotas Y~ ~ MiscelIatuoua the excess, if any, paid tp $p~pwQ, d~uied ~' ~ SGGirity Instttintent, whether or not thw due, with In the event of a partial taking, dptlUCtiOn, or loss is value of the value of the Property inimediatdy before the partial Y ~ ~~ tLe fair market greater than the amount of the soars secured by this ~• ~, or loaf in value is equal to or taking, destruction, or loo in value, unlps Borrower ~ ~ 0~~~0'd~Y before the partial secured by this Security Iaatrttment shag be +~ in wny Proceeds multiplied by the following fraction: a the rednoed by ~ amount of the Miaoell putial () toW amottat of the soma seettred Imroediuely before the taking, dptrtttction, or Iost in value divided by (b) the fair market value of the pt+operty irn~i ~Y b~ore~ ~ tald~, won, or lost in value. Any batanoc shall be paid to Borrower. value of ttte ~, , or toe in vahu of the Property in which tLe fair marks immediately before tLe P~ ~~. datrttgioa, or loaf in vatne L lea than the ar>lowu of the autt>: atxtrr+ed immediately beEor+e tLe partial Borrower and Lender oi~r~vi:a ~ ~ write. tLe Mistxll ~, destnrction, or tots la value, unless secured by this Security Instrument whether car not ~ AOSOUS ~oceedt shall be applied to the sums If the Property is abartdoaed b tarot are rhea due. y Borrower, or if. after notice by Lender to Borrower that the OPPos~B Party (a defined is the next seatace) offaa to make as Borrower fails to napond to Lender within 30 awed to aottle a claim for datnrtg to collect sad apply the Misceliaruout proceed=ms's after the date tLe ttotiae is gives, Ltd is authorized sums secured by thin Saatrity Instrument, whether or not then ~ ion or repair of flu Property or to the drat owes Borrower Miscellaaeoua Proceeds or the party against whng Parry nreana the third party regard to Miat:eitaneous Prvaeda. rrowror ha a right of action in Borrower shall be in defwtt if arty action or iettder's judgment, could nptilt in forfeiture of ing. civil or criminal, is begun that, in interest in rho Property or ~~ ~, ~ nY or other msserial hnFairmeat of Lender's acceleration has ~tY Tnstrtmunt. Borrower pre cure attcL a defauti and. if occrtrted, reinstate as provided in Section 19, by causing the action or Proceeding to be ®0 BtPA) ioooa~ i re• ~o ar ~e Fo~n 9o3a 1101 BKI763PCI443 19!'i~19nnR 19.9R•fiR PM RI IMRFRI ANI7 CI~UNTY Inst.#200225966 • Page 10 of 18 dismissed with a ruling that, in Leader's judgmgrt, precludes forfaitnre of the Property or other tnuerial itnpairt>xat of Leader's interest in the Property or righu under this Setarrity Iratntroent. The prooeeda of any award or claim for dsmagea that an atMbtnable to the impairanent of l.ender'a intet+eat is the Property are hereby assigned and shaq be paid to Deader. All Miaxilaaeotra Proceeds that are not applied to restoration or repair of the Property chap be applied in the order provided for in Section Z. IZ. Borrows Not Rdeaaed; 1~esfiarasroe By Lander Not a Wah-a'. Extemion of the time for payment or modificatimt of amordzatioa of the somas secured by this Sewrlty Insirummt granted by I.ender m Borrower or atry Strooessor is Intelsat of Borrower shall not opeeare to rdaae the liability of Borrower or any Successors in Interest of Bonovver: Leader shall ~t be rognired to oommeooe proceedings against any 5ueoeaaor in Interest of $ocr~oMrer or to refine to extend tlase for payment err otherwise modify arnortizatioa of the sums secured by this 3eprtity tnruamutt by rearon of any demand trade by the orlgiaal Borrower or any 5uoceswrs in Interest of Borrower. Any forbearance by Lander in axmciaiog any right or remedy including, without limitatMa, Lender's aooeptance of payments from third persoaa, etttitiea or Successors in Interest of BorTOVwor or is aawuats lea than the amaau then due. shall not be a waiver of or preclude the exer>riae of nay right oc remedy. 13. Joint and Several Llabllity; C Snoeeasors nail Amlgas Botrstd. Borrower wvetuutts and agues that Borrower's obiigstiom andality ahail be joint and neutral. However, a~ Borrower who co-slgas this Security Iaatrttmeat but don not ~tocuta the Note (a "co signer'}: (a) is co-signing this Security tnstttrateat only w mortgage, grant and oom+ey she eo-dgrraa~'s interest in the Property under the terms of this Security isutrtrment; (b} is not porsowliy obligtttod to pq the sans secured by thin Security lasa~tment; and (c) agrees that Lender and nay other Borrower pat sgt?tx w etttend. modify, forbear or make nay accoramodatioas with regard to the ttxaas of this Security Inmumeat or the Note without the co-signer's consent. Subject to the provisions of Saxton 18, any Strcassor in Interest of Borrower who assumes Borrower's obligations under this Security Ltttrumenc in writlgg, and is approved by Lender, shall obtain all of Borrower's rights sad benefits under thin Security lasttumenc. Bomowet shall trot be rdeased from Borrower's obligations soil liability under Chia Socari<y inauumatt unlas Loader agrees to arch release in writing. The oovenauts nail agreemaits of this Seatriry Inatmaseot ahail bind (e~toept as provided in Section 20) sad benefit the arecesaon sad assigns of Leader lA. Loan Charges. leader may charge Borrower fen for service performed in oortaetxion with Borrower's defwlt. for the purpose of protading L+eoder's interest in the Property end rights carder this Security Instrument, including, but not iimltad to, attorarys' Lees. property ittspoatiaa and valtertton fees. In regard to any other fees, the absence of express suthoriry in this Saauity Inatrumeat to charge a specific fee to Borrower shall trot be construed as a ~hibition ~ the charging of such fee. Leader mry not charge fees that are expre»ly prvhibitai by this Sewriry Instrument or by Applicable Law. If the Loan is subject to a law which seta maxrmrmt loan charges. sad that law is finally iatetpretod ao that the interest or ocher loan charges collocced oc W be eolletxal in oonoeetion with the Lana extxed the permitted limits, thin: (a) any arch loan ebarge shall be r+edtrood by the amount necessary to redutx the charge to the permitted limit; soil (b) nay sums already coltectod from Borrower which exceeded permitted limits will be retlraded to Borrower. L.mder may choose to malts dris refund by reducing the principal owed under the Note or by making a direct paymart m Borrower. if a tefiad reduces principal, the reduction wilt be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for wader the Note). Borrower's atxxptance of nay atilt t~efund made by direct payment to Borrower will constitute a waiver of a~+ right of notion Borrower might have arititrg out of such overcharge. IS. Notlkea. All notices given by Borrows or L,etrdcr is coanecdoa with this Security Instrument must be in writing. Any nodes to Borrower in coaaection with thin Soauity Instruzlrwtt 1 be deemed to ~.P 6(PA) ioowi r~ n or +e Form 30]9 1101 B4~ 1763~G 1444 12/3012008 12:26:58 PM CUMBERLAND COUNTY tnst.# 200225966 -Page 11 of 18 have ban given to Borrower whtxt mailed by first class tuail or whey atxttaily delivet+ed to Borrower's notice address if sent by other meaaa. Notice to atq one Harrower shall oooBihste noticx ~ all Borrowers unless Applicable law exPrtxsly requinea otherxiae. The n~ca ttdthxss ahail be the Property Address unless Borrower has designued a substitute notices addrat by notloe to Lender. Horrvwer shalt Pronsptly notify Lender of Borrower's change of address. If Lender apocifia a prooedtste for reporting Borrower's change of address, then Borrover shall only npurt a change of addrea thr+ostgh that apecifled p~cocedure. There may be only one designated ttotica atWren under thin Security ltaaument u auy one lino. notice to Lender shall be given by delivering it or by tuaitittg it by fi»t class nutil to Lender's address stated herein unless Leader has anther eddreu by aotioa to Bore~ower. Auy notice in connection with this Security Iasttuntatt shall not be deemed to have bas gives to Lender ttotil actually received by Lendtx. If any tsotioe rooquiired b!' this Setauity tostrumeat is alas required under Applicable I.aw, the Applicable Law requirt:meat will aatiafy the oorreapoudlug requirtutent tinder this Security Instrument. 16. Governing Law; Severabttity; Rules a[ C.orotntctiast. Thies Security Iaatrsttnent shall be governed by federal law end the law of the nuiadiction iA which the Property b located. All righu sad obligations conteiaed is this Searity Imtnsmeot are wttjact w arty its sad tlmitatiotu of Applicable Law. Applicable law toidtt eaplsidtlY os impWdttY allow the paetia to agree by ooturact or it might be silent. but :tseh silences shad not b Maatrtwd as a prohibition against ase~aeaoaot by ooutract. In the event that aa0' proviai~ or cJaute of this Security instrtsmeot or the Note coatlicta with Applicable Law, such coa>lict ahaU trot affect other provisions of thin Security laatrumeat or the Note which cut be gives effect without the oonAbdaj provision. Ace rased is this Security Instrument: (a) worth of the masculine gender shall mean and incitiae corresponding neuter words or words of the femiobc ,gender: (b) wotda is the singular shall mean and include the plural and via vanes; and (c) the womd "may" gives sole discretion without any obSgatioa to take any action. 17. Borrower's Copy. Borrower shall be given one copy of tits Note and of this Secasrity Instrument. 18. Transfer o[ the PsopertY oe a BeadlcJd Ietereat ist Borrower. As used is this 5a:tion 18, 'Interest in the Property" aseaoa soy legal ~ beneficial interest in the Property, incioding, but not limited to, those beneficial interwu transferrod b a bond for deed. contract for decd, installment Saba contract or escrow agrameat, the iateat of which is the traosfar of dtte by Borrower u a futnee date to a purchaser. If all oc any part of the Property or say Intdrst in the Property is sold or traosftct>rd (or if Borrower is not a neural person and a beneficial intasst in Borrower b sold or trtmsferred) without Imo': prior written consent, Lender may require immediate paymgtt in lblt of all sums secured by this Security Instrument. However, this option shall not be mteMsed by Leitdar if such exercise is pt+ohibitod by Applicable Law. If Lender exercitea this option, Leader sha11 give Borrower notion of ecalerittion. The notice ,hail provide a period of not less chats 30 days from fire data the notice b gives in axotdantx with Section 15 within which Harrower must pay all aunt secured by tbia Security I»atttiaient. if Borrower fails to pay these ,urns prior to the expiation of thin period, Lender may invoice any remedies permitted by this Sccuriry toattvnseat without fSitther notice or demand ~ Borrower. 19. Borrower's Right to Rdt>rtate Ater Aoedantion. If Borrower locates certain conditions, Borrower shall have the right to have entix+cameat of thin Secutiry iostnintaot diaoontimied at air time prior to the earliest of: (a) five days bafaa+e nab of the Property pursuant to say power of sale cx>otttintd in this Security Instrument; (b) such other Period as Apptic~ble Law might specify for the ternsination of Borrower's right to t+einstau; or (c) entry of a judgment atforciog that Sorority Irutrtsnos:nt. Those conditions eft that Borrower: (a) Payer Lander ail sums which then would be due untbr this Security Instrument and the Note a iP m acceleration had oocumed; (b) queer any defatilt of any other covenants or (~-6iPAt roooa) Paps t2 of is ~Fo~3039 1101 sn ~ ~6~~c i 44s 12/30/2008 12:26:58 PM CUMBERLAND COUNTY inst.# 200225966 -Pace 12 of 18 agretaaettis: (c) pays all expenses i» curred in ettfottdag this Security Iastrurnwt, irtcludiog, but not limited to, reasonable attorneys' face, property inspection and valuation tees, and other fees hxstrred for the purpose of protecting header's intet+est in the Property and tights under this Setarriry Ittatummt; and (d) taloes such action as Lender may reasooabUr rngttire to asstue that Leader's irrterrrst in the Property and rights under thin Saatriry Inttrttment, and Borrower's obligation to pay the wtf~ secured by this Seauity Inurwaent, shall ooatinue unchanged. Leader racy engttire that Borrower pay atx:h ~t sutn4 and expenses in one or moue of the foUowtog [orms, as selecsed by Lender: (a) puh; (b) moony order; (c) oertitiod check. bank tgtedt, traattt+er'a checyt or cashier's td>aJc, provided any sucb tdtadc is drawn upon an it~titutian whose deposits are insured by a fedantl ageary, inttrumentalliry or eatiry; or (d) Electronic funds Tranefcr. Upon reimtatemeat by Borrower, this Seauiry Inunufaeot and obligations secttr+ed hereby shall remain fully effective as if no aotxieration had occurred. However, thL right to reinstate shall sot apply is the cane of accelersti~ wader arteries 18. ?A. Sale of Note; Change of Laauf Sa~ticer; Notke of C,rlevance. The Note or a ptntial interest in the Notc (tageiher with this Sa:uriry ]nstrummf) txn be sold sax ~ more times without print notice to Borrower. A sale alight result in a change in the entity (knows as the "Corm Servicer7 that collects Periodic Payrnetus due under rite Nora and this Security inst[tto~eat and performs other mortgage leas servicing obligations under the Note, this Security lasauma~t, sari Applicable Law. There also might be one or more changes of the Loan Senncer unrelated to a sak of tha Note. ]f theme it a change of the Loan Servicer, Borrower will bt given wtittea ootioe of the c>taoge which will state the name sad address of the new Loan Servicxr, the addr+eas to which payments should be trade sad arty other information IZESPA requires in connection with a notice of transfer of servicing. if the Note is sold sad thereallrar the Loan is serviced by a Loan Servicer other theses the pturiwtr of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Services or be trrmsfemed to a strccettor Loan Servicer and arc not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leadtx may commtmce, join, or be johted to any judicial action (as either an individual litigant or the member of a daft) that atisas from the other party's actions purauaat to this Security lrtstruroeat or that alleges that the other party has breached any provision of, or any duty owed by trae0n of, this Security Inatrunreat, until such Borrower or Leader has notified the OthCt' party {with such notice given in compliance with the requirtmtms of 5ecxion 15) of snch alleged ba+each and afforded the other party hereto a reasonable period a[ger the giving of strdt trotioe to take corrective action. If Applicable Law provides a time period whirA tmtst etapte before rxltsin action can be taken, that tune period wiU be deemed ro be rasonable for purposes of this paragraph. The notiot: of at:celeration and oppotttmiry to sue given to Borrower pursuant to Soaion 22 and the notice of aocciersfion gives to Borrower pursuant to Soctiaa 18 shall be deemed to satisfy the notice and opportuairy to take corrective action provisions of this Section Z0. 2]. Hazardous Str>>stAnoes. As used is this Section 21: (a) "Haaatdotrs Subata~ei" are those substances defined as toxic or hawrdous aubetnncea, pollutants, or wastes by Environmental Law snd the following subatatrtxs: gasoline, lterosene, other 8attsmsble or toxic petroleum prodtttxs, tox~ pesticides and herbicides, volatile solvents, materlsls oontaiaing asbestos or formalddtyde, and radioatxive materials; (b) "Enviroanrental Law" therms federal laws and Lws of the jurisdiction whea+c the Pt+opeurty is located that relau to health, safety or environmental protecdoa; (c) "Enviroaavecnal Cleaturp" includes say response action. remedial action, or removal action. as defined in Emironmattai Law; and (d) as "Eavir+onmental Condition" means a condition that can tastse, oo®otr~ttte to, or othene+lse trigger an Envirottm,ental Cleanssp. 6(PA) IOOOBf hy" t D er 1i +~ Form 3038 1 f0'1 8K 1763PG 1 X46 ~~lZft/9(1f1R 1~~~R•FR PM f:l IMRFRI ANfI f:f)IINTY Inst.# 200225966 -Page 13 of 18 Borrower shall not cause or permit the presence, use, disposal. sxorage, or tdase of aqy Hazardous 5ubstatrces, or threaten to release say Hazardous SuMtaorxs, oa or is the Proposty. Borrower shall tat do, nor allow anyone else to do. anytbiag affecting the Property (a) that Is ja violation of ary Bnviroomeatai Law, (b) which creates an Envirorrmaspd t7onditioa, or (c) which, due tQ tha pi~panoe, use, or release of a Hazardous Substance, create: a condition that adversely affects the vahre of the Property The preceding two sentencxs shall not apply to the ,use, or storage ~ the Property of small quantities of Hazardous Sabatasrces that are y tooogpizod to be app~rlate a normal rpidential uses and to mairuenance of tht Property (' tiding, but not lisuited to, hazardors nrbstaooa is otuesasm~ae pro~uxs). Borrower shall promptly give Loader written notice of (a) say lav~a~a, claim, deusactd, lawsuit or other action by say governmental at regulatory u~' a' private Pte' ~ ~ Y ~ ~Y Hazardous Subctaace or Envitanmerrtal Ltw of whrch Borrowtr bas actual knowledge, (b) any Environtnaual Condition, including but not limbed to,a~y apilting,lsaltiog. dia~harge, release or thrra[ of release of any tiazudous Substanx. and (c) aqy ooarKtiea caused by the presence. use or release of a Hazardous Subataace which adversely aftecq the value of tha Property. If $orrowsr learns, or is mtified by any ernmrotal or regal authority. or say private parry, that uqy rnraoval or other r+eraediation of any l~azardow sub:tanee a!~ the Psvperty is aoetstsary. Borrower' ahau promptly tale all neoa:ary remedial actions is aceomdratoe with Baviroamesrtal Law. Nothing heroin shall create say obligation on Lender for as Envit+ottmentrd NON-UNIFORM COVEN Borrower sad Larder further eovewat and agree as foilowa: 22. Accetetwtton; Remedta. Louder s1eaU ~ ootkx to Borrower paiodawtion tolbwfag Borrower's bt~adr of any anensuet tar ags+asnaat is thb Saaaity Itt (ltut not prbr to acceleration adder Secttou I8 colas La p,ovWat otitsrwise). Leteder afeail aotity Borrower ot, among other tbiapt (a) tfaAd~ (b) the aetba retry6~ed to era ribs idtudt; (c) wher the ddautt must be carat; sad (d) that fallm~e to etn,e tiffs dappek as clay rook ha aaodauioa of the sums secured b tfds 9eeortty Ltah'tmsat, l~edowts+e by s~dkdttt pe+oeeedtag and sale of the Property. LeAder shall intoew Borrower of the right to r+d>~e alts' aots'isratioa and the right to assert is the toerctoatre prsosediog the ado-mace o[ a de[auk or any akher ddeose of Bomow~ to aoce]eratlon surd tae+eeisame. Itt the eldadt is not erased as apedfLed Leedq~ art its option tray requirs imsaediata ppaayymm~ot la ttitU of aB surds scarred by tLis Sscarlty Iostrumesst without further dema~ and slay toe~eclose this Sewsity Imbrvasaet by Jodfdal~. Lends shall be entitled to twliect all eapeosa fttatrred in flee rromedla pt+ov fa thb 3ectloa Z2, including, but cat limited to, attorweys' tea and costs tftte evidence to the eattmt permitted by Applicable Law. 23. Relearn. Upon payment of all sums secured by this Socuriry Iostrutneat, this Sctxtrity Instrument and the estate convoyed shall terminate and become void. After such oocurreoee, Lender shall diacltargc and satisfy thi: Security Itrscrument. Borrower ahaU pay say reeordatbn cost:. Lender may dtarge Borrower a fee for releasing this Seastity Insaesmeat. brit only it the tee is paid to a tlsird party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Bortrnver. to tM extern ~aneltted by Applicable Law, waives and releases any error or defects in proceodings to enforce this Soaterty Irz;trumast. sad hereby waives the benefit of any present or future laws providing for stay of execudan, exteasioa of time, atemption from attachment, levy and sale, and homutead exeentption. Z5. Reissatataadst Period. BOr'r~owe['s time t0 [eleatatC provided in Section 19 shall extend t0 one hour prior to the comnaenoement of bidding at a sheriff's sale or othor sale pctrauant to this Security lnstruntent. Z6. Purchase Mosey Mortgage. If any of the debt accused by this Savrlty Inatrntrient is lent to Borrower to acquire title to the Property, this Security Instrttrnent Mall be a purchase money age. 2?. Ioterat Rate After Judgment. Borrower agr+eet that the i~t rate payable afro as ~~it is enured on tJse Note or in as action of mortgage foreclosure :hall be the rata payable trine to time under the Nou. ®-BiPA) ioooo ro.,. err s ~ suss trot BK1763PGt447 ,~i~nr~nnA ,~•9a~SA pRA !'I IhARFFiI ANrf f:(111NTV Info # 90099.59FiEi - Paoe 14 of 18 BY SIGNING BELOW, Borrower atxxpts and ggreea to the terms and covenants contained in this Security Instrument and in any Rider executed b3` Borrower and horded with it. witnesses: ~" /'~. (Sear Lu J isre •8orrower (SCa1) Nfcole L.VTsri~ -Borrowu (Seat) (Seal) -Borrower -Borrower ~~~ ~~~ -Borrower -Hortower ($Cet) (SCaI) -Borrowv -Borrower ®-6tPA1 ioowi rp. rs a re m Form 9osta 1101 g~ l 7b3PG l 448 17/3[>l~~f1R 19~9fi 5R PM (:l1MRFRl ANt7 f:f)I INTY InSt.# 20022596fi -Page 15 Of 18 Certificate of Residence I, • do htx~y txrttfy that the correct address of the within aaaled Mortgagee is PO Box 1711, xarriaburq, PA 17105 Witness my hand this Zlat day of June 2002 W u~/Gf/ Anent of Mortaaga COMMONWEALTH OF PENNSYLVANIA, Cumberland County sa: On this, the 21st day of June 2002 ,before me. the undersigned officer, personalty appeatad Lucas J Prina g~ Nicole L. Prins ..-:~ satisfactorily proven) to be the person(s) whose name(s) ia/att atbacribed to the withid• inatctiitd~af' and , .° " acknowledged that he/ahe/they exearud the same for the purposes herein ooatahxd. -~~•~ . ' 'y.,, IN WITNESS WHF•REOP, I het+eltato set and official seal. `'~~; ~:~Y a". My Commission Expitl;a: .Nh~y°. NOTARIAL SEAL Fabric _ - gxisbna L HatsheY. rltxaty~~ ~Y~~. ~p ~'~j~un z5, 2oos ~.BiPA} pooh hpr to a is BK 17 63P~ 1449 ~nlaw: N~"P Form 3039 7f01 19/~t119n(1R 1~ ~fi~SA PM f:l IMRFRI ANI7 C:nI1NTY Inst.iF 200225966 -Page 16 of 78 ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D.P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland Estates made for F.B.J. Branagan by D.P. Raffensperger, Registered Surveyor, Lemoyne, PA., dated January 20, 1955, more particularly bounded and described as follows, to wit: BEGINNING at a point on"the Northerly side of Carlisle Road at the distance of four hundred thirty-five (435) feet westerly from the Westerly side of 19th Street {SO feet wide); thence extending Westwardly along the Northerly side of Carlisle Road, sixty (60) feet to a point; thence extending Northwardly along the line dividing Lots Nos. 30 and 31 on the above mentioned Plan, and crossing a ten {10) feet wide easement one hundred twenty (120) feet to a point; thence extending 8astwardly sixty (60) feet to a paint; thence extending Southwardly recrossing said ten (10) feet wide easement and along the line dividing Lots 31 and 32, one hundred twenty {120) feet to the Northerly side of Carlisle Road, the first mentioned point and place of BEGINNING. BEING known as Lot 31, Block "E" on the above mentioned Plan. HAVING THEREON ERECTED~a.dwelling known and numbered as 1914 Carlisle Road, Camp Hill, Pennsylvania. BEING the same premises which Wayne D. Harris and Melissa K. Harris, husband and wife, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Lucas J. Prins and Nicole L. Prins. T C'..^.~iry ;',in t-^ Fc rL:cordcd in C;u~~~bcrland County PA ~~ 17 6 3 PG 14 5 0 "' Recorder of Deeds 12/30/2008 12:28:58 PM CUMBERLAND COUNN Insk# 200225966 -Page 17 of 18 • ~ ~~ ~, '„~~~n~ Rider to Paragraph 19 (Moztgage) I/We, the undersigned Borrowerts), do hereby agree that the following Rider to Paragraph 19 of the Mortgage, executed by me/us this 21st day of June, 2002 shall be effective in accord with the terms and conditions there of and shall be deemed to be a condition of the Mortgage. The "reasonable attorney fees", as set forth in Paragraph 19 hereof, shall be deemed to mean five percent (5~) of the principal due at the time of foreclosure ar 5300.00, whichever is greater. This provision shall be void in the event this Mortgage is transferred to the Federal Home Loan Mortgage Corporation t"Freddie Mac"}, the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilising assignment or transfer. This provision shall also be voided if this Rider to Paragraph 19 is in violation of any provision of Freddie Mac or Fannie Mae. ri (sue) (SEAL) Ni le L. ins if/4o r WCRDRO (12/001 gK 1763PG l 451 12/30/2008 12:26:56 PM CUMBERLAND (:AUNTY {nst.aY 200225968 -Page 18 of 18 ~~ oz ts~"9~ ~ DEEDS `!!l?Y - PA 'oz JuN ~~ s~ ii s2 . ,~ r '4Y~e744ST -aR~y Rcrotding itequesoed By/Return To: Waypoint Bank, 101 9. teorge st. York, PA 17401 •~,,.. ASSIGNMENT OF MORTGAGE For Value Receivod, the uttdenigoed holder of a Mortjaje (herein "Aaaigrtor') whose address is PO Box 1711 ,Harrisburg, PA 17105 does ~~ &~' ~• aYlJia. tra+u(er and ~', unto Principal Reaidentiai Mortgage, Inc. existing under the taws of Iona a PD~on_ ~ Or~aoirrd and 711 Righ Street ,Den tdoiaas, IA 50392 ~~ '~l~ )~ ~~ ~~ L a certain Mtutgsge Jane 21, 2002 .made and executed Lucas J Pr Nicole L. Prins ~ to 2nd in SraYPoin~t~Bank payntaatof Eighty Four Thousand end no/100, dollars aodgivmtosxum (S 84,000.00 ) 07/01/2032 Usehds ohs Original Maipal Aaeouea sad Dale or Now(s1) which Mortgage is of [eeord in Book, Volume, or Liber No. ~ , >K P~ ~ 43 ~ (or as No. ) of the Records of Cumberland County. State of Pennsylvania ' whh ~ tea) ~ o6ligattons tbereirt described sad the tmoey due and to become due thetnon wlth intereat. and all righu aCCrtted or to accrue under such Mortgsge. TO HAVE AND TO HOLD the arise unto Aaaigax, its otocesaot ~ assign. fortver, ~~~ only to the terms and coaditlans of the above.descrlbed Mortgage, IN WITNESS WIdERBOF, the tutdudgaed Aaigmr has ezecuted thin June 2]r, 2002 ~1~ _ Allaigamatt of Mortgage on pr ` Navooint Bank (A d n By: w~ Colleen Santucci ^~ Assistant Vice President Seal: Thu Initrutoml l>tepared By: Waypoint Bank Harrisburg, PA 17303 ~~~~ ~ Box 1711 . tel. m.: 8G6-929-7646 STRTE OF PENNSYLVANIA - SS: COUNTY OF YORK - on thls the 21st day of June Public, the undersigned officer, ' 2002 befoze me, Notary personally appeared Colleen Santucci who acknowledged she to be the Aasietant Viee President of Waypoint Bartk thatherself as such Assistant Viae Pr~aident, beingaauthozised to dod so, executad the foregoing instruessrtt foz the purpose therein contained by signing the name of the corporation by herself as Assistant Vics President IN WITNESS WHEREOF , I herr:unto set my hand and official s~~i AAXJOV 5/02 rau.euMMwi w..~~...n «a.r.rs arts t~sswx awawi vw ~saae rorrre. aoaeuraai .. _ ~~14ek. YaR~ Pspae I g~.^,~ 68~ ~:ir,~ t 277 12/30/2008 12:27:56 PM CUMBERLAND COUNTY Inst.# 200225967 • Page 1 of 2 f ~ J ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, described according to Plan No. ~ of Highland Estates Development made by D.P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland E~Itates made for F.B.J. Branagan by D.P. Raffensperger, Registered Surveyor, Lemoyne, PA-, dated January 20, 1955, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of four hundred thirty-five (435) feet Westerly from the Westerly side of 19th Street {60 feet wide}; thence extending westwardly along the Northerly side of Carlisle Road, sixty (601 feet to a paint; thence extending Northwardly along the line dividing Lots Nos. 30 and 31 on the above mentioned Plan, and crossing a ten {10) feet wide easement one hundred twenty (120) feet to a paint; thence extending Eastwardly sixty {60) feet to a point; thence extending Southwardly recrossing said ten (10} feet wide easement and along the line dividing Lots 31 and 32, one hundred twenty {220) feet to the Northerly side of Carlisle Road, the first mentioned point and place of BEGINNING. BEING known as Lot 31, Block ~~$~~ on the above mentioned Plan. HAVING THEREON ERgCTgD'a dwelling known and numbered as 1914 Carlisle Road, Camp Hill, Pennsylvania. BEING the same premises which Wayne D. Harris and Melissa K. Harris, husband and wife, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Lucas J. Prins and Nicole L. Prins. I Certify this to be recorded In CumbcrIand County PA .-~-~ ~ '`~° %~` o;~ r~1,~ ~ :J~. BOOR fi~~ PAf~E ~.~ i H 12/30/2008 12:27:56 PM CUMBERLAND COUNTY Inst.# 200225967 - Page 2 of 2 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania,. described according to Plan No. 7 of Highland Estates Development made by D.P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland Estates made for F.B.J. Branagan by D.P. Raffensperger, Registered Surveyor, Lemoyne, PA., dated January 20, 1955, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of four hundred thirty-five (435) feet Westerly from the Westerly side of 19th Street (60 feet wide); thence extending Westwardly along the Northerly side of Carlisle Road, sixty (60) feet to a point; thence extending Northwardly along the line dividing Lots Nos. 30 and 31 on the above mentioned Plan, and crossing a ten (10) feet wide easement one hundred twenty (120) feet to a point; thence extending Eastwardly sixty (60) feet to a point; thence extending Southwardly recrossing said ten (10) feet wide easement and along the line dividing Lots 31 and 32, one hundred twenty (120) feet to the Northerly side of Carlisle Road, the first mentioned point and place of BEGINNING. BEING known as Lot 31, Block'E' on the above mentioned Plan. HAVING THEREON ERECTED a dwelling known and numbered as 1914 Carlisle Road, Camp Hill, Pennsylvania. File #: 195104 BEING the same premises which Wayne D. Harris and Melissa K. Harris, husband and wife, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Lucas J. Prins and Nicole L. Prins. PROPERTY BEING 1914 CARLISLE ROAD PARCEL 13-23-0547-348 File #: 195104 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: ` ~ Z ~ / Attorney for Plaintiff File #: 195104 r ~' `~ ~ `~ - = rn ~ _ _ ~ ~ ~ ~~ : a ~ ~ s~ ~ ~ `h' ~ Jam/ ~ !1~ •, -~'• ~ i ~~n :- ~ i:. ~ /\ ~ ~ ~ v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,..,~, ~, Sheriff FLtL _::' r,(;~ Jody SSmith - Chief Deputy 2Q ~ ~ ~~~~ ! ~ ~~ ~: Edward L Schorpp Solicitor ~} ' _ ~ ;,y ~, CITIMORTGAGE, Inc., vs. Case Number Nicole I Prins 2009-177 SHERIFF'S RETURN OF SERVICE 06/29/2009 02:02 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/09at 1400 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 Lucas J. Prins and Nicole L. Prins, located at, 1914 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania according to law. 06/30/2009 06:15 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/09 at 1809 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nicole I Prins, by making known unto, Lucas Prins, husband, at, 1914 Carlisle Road, Camp Hill, Cumberland County., Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/30/2009 06:15 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/09 at 1809 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lucas J. Prins, by making known unto, Lucas J. Prins, personally, at, 1914 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/01/2009 Property sale postponed to 11/4/2009. 11/03/2009 Property sale postponed to 1/6/2010. 01/04/2010 Property sale cancelled on 1/4/2010 01/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Schmieg. SHERIFF COST: $869.77 SO A~~ *1.. t~ ~. January 07, 2010 ~~'~~:. RO Y R ANDERSON, SHER~~'~`" s ;~ ~ U C o Ci_~ "~~~~~~ CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. `'~ ~ Plaintiff; v. LUCAS J. PRINS NICOLE L. PRINS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-177 AFFIDAVIT PURSUANT TO RULE 312'9.1 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC ,Plaintiff In the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1914 CARLISLE ROAD, CAMP HILL, PA 17011-5911 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17(111-5911 NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained,. please indicate) LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY C/O STEVEN P. MINER, ESQ. 2233 GETTYSBURG ROAD CAMP HILL, PA 17011 1035 MUMMA ROAD, SUITE 101 WORMLEYSBUR.G, PA 17043 4. Name and address of last recorded holder of every mortgage of record.: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: ' ' Name Last Known Address ~;if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertainedl, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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.A. § 4904 relating to unsworn falsification to authorities. March 27. 2009 DATE ~ ~ '1 DANIEL G. SCHMIEG, E E Attorney for Plaintiff CITIMORTGAGE, INC., S!B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. LUCAS J. PRINS NICOLE L. PRINS Defendant(s). CUMBERLAND COUNTY No. CIVIL-09-177 March 27, 2009 TO: LUCAS J. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAYS PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOU.GD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at , 1914 CARLISLE ROAD, CAMP HILL, PA 17011-5911, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,078.10 obtained by CITIMORTGAGE, INC., S/B!M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is cantinued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT TH1S SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how rriuch you must pay, you may call: X215) 563-7000. 2. You maybe 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 Iegal 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215 563-7000. 2. You maybe 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 (717) 240-6390. 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 maybe 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 of 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 vrrong) are filed with the Sheriff within ten (10) days after the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. I_t may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D. P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland Estates made for F. B. J. Branagan by D. P. Raffensperger, Registered Surveyor, Lemoyne, PA, dated January 20, 1955 as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of lour hundred thirty- five feet Westerly from the Westerly side of 19th Street (sixty feet wide); THENCE extending Westwardly along the Northerly side of Carlisle Road, sixty feet to a point; THENCE extending Northwardly along the line dividing Lot Nos. 30 and 31 on the above mentioned flan, and crossing a ten feet wide easement one hundred twenty feet to a point; THENCE extending Eetwardly sixty feet to a point; THENCE extending Southwardly recrossing said ten feet wide easement and along the line dividing Lot Nos. 31 and 32, one hundred twenty feet to the Northerly side of Carlisle Road, the first mentioned Point and Place of BEGINNING. BEING known as Lot No. 31, Block 'E' on the above mentioned Plan. HAVING THEREON ERECTED a dwelling known and numbered as 1914 Carlisle Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to certain rights of way, conditions, and restrictions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Lucas J. Prins and Nicole L. Prins, h/w, by Deed from Wayne D. Harris and Melissa K. Harris, h/w, dated 06/07/2002, recorded 06/27/2002 in Book 252, Page 1921. PREMISES BEING: 1914 CARLISLE ROAD, CAMP HILL, PA 17011-5911 PARCEL NO. 13-23-0547-348 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-177 Civil CIV [L ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From LUCAS J. PRINS AND NICOLE L. PRINS (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 $93,078.10 I.L. $.50 Interest FROM 02/21/2009-09/02/2009 (PER DIEM - $15.30) - $2,968.20 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs Plaintiff Paid Date: MARCH 31, 2009 rtis R. Long, P onota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ,t '~ fi t '.... .;.~.,~ yn .r{ Wi 7 ~ ~ 5 r~ ~~ ~~~' ~rt+r~r Real Estate Sale # On May 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as, 1914 Carlisle Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May S, 2009 ~J' • ~' 1 ~r / , ti, 't1 Real Estate Coordinator ;;_ _~, ,,. _e -~; -. ~`rv ~ ~~ `~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~- ~ ~ ~v GL' isa Marie Coyne, ~~Qitor SWORN TO AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary •~•~~~.~.'Ai1fr=,l SEAL DE9uP.AN P-~ CCLLINS Notary Public CARLISLE BORC3, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 73 Writ No. 2009-177 Civil Citimortgage, Inc., s/b/m to Principal Residential Mortgage, Inc vs. Nicole I. Prins Lucas J. Prins Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tractor Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D. P. Raffensperger, Regis- tered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland Estates made for F. B. J. Branagan by D. P. Raffensperger, Registered Surveyor, Lemoyne, PA, dated January 20, 1955 as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of four hundred thirty- five feet Westerly from the Westerly side of 19th Street (sixty feet wide); THENCE extending Westwardly along the Northerly side of Carlisle Road, sixty feet to a point; THENCE extending Northwardly along the line dividing Lot Nos. 30 and 31 on the above mentioned Plan, and crossing a ten feet wide easement one hun- dred twenty feet to a point; THENCE extending Eastwardly sixty feet to a point; THENCE extending South- wardly recrossing said ten feet wide easement and along the line dividing Lot Nos. 31 and 32, one hundred twenty feet to the Northerly side of Carlisle Road, the first mentioned Poi;~t and Place of BEGINNING. BEING known as Lot No. 31, Block on the above mentioned Plan. HAVING THEREON ERECTED a dwelling known and numbered as 1914 Carlisle Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to certain rights of way, conditions, and restric- tions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Lucas J. Prins and Nicole L. Prins, h/w, by Deed from Wayne D. Harris and Melissa K. Harris, h/w, dated 06/07/2002, recorded 06/27/2002 in Book 252, Page 1921. PREMISES BEING: 1914 CAR- LISLE ROAD, CAMP HILL, PA 17011- 5911 PARCEL NO. 13-23-0547- 348. The Patriot-News Co. 812 I~larket St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he ~lahiot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 Sworn to a ~~scribed before met is 14..daAugust, 2009 A. D. ~,, ,_ --~--~ Notary Public `~~~~t~~~~r ~~~ln_ COAIlN1JNV~1EkLFti OF PENNSYLVANIP. ~Va#artai Seal Sherri ~. Kisner, Notary Public City Of Harrisburg, Dauphin County MY Commission F.;q~ires Nov. 26, 2011 a Member, Pennsvlu~nfa ~+ss+~claCion ..if ~l.ata.~.~4a 07/31 /09 08/07/09 Sale No. 73 1lVrit No. 2009-177 Civil Term CITIMORTGAGE, Inc., s/b/m to Principal Residential Mortgage, Inc vs. Nicole 1 Prins Lucas J Prins Atty: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in rho County of Cumberland and Commonwealth of Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D. P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also acwrding to a Plot Plan of Highland Estates made for P. B. J. Branagan by D. P. Raffensperger, Registered Surveyor, Lemoyne, PA, dated January 20, 1955 as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of four hundred thirty- five feet Westerly from the Westerly side of 19th Street (sixty feet wide); THENCE extending Westwazdly along the Northerly side of Carlisle Road, sixty, feet to a point; THENCE extending Northwazdly along the line dividing Lot Nos. 30 and 31 on the above mentioned Plan, and crossing a ten feet wide easement one hundred tpventy feet to a point; THENCE extending Eastwardly sixty feet to a point; THENCE extending Southwazdly recrossing said ten feet wide easement and along the line dividing Lot Nos. 31 and 32, one hundred twenty feet to the Northerly side of Cazlisle Road, the first mentioned Point and Place of BEGINNING. BEING known as Lot No. 31, Block on the above mentioned Plan. HAVING THEREON ERECTED a dwelling. known and numbered as ]914 Cazlisle Road, Camp Hill, Pennsylvania. UNDER -AND SUBJECT to certain rights of way, conditions, and restricfiong a?; now appeaz of record. TTTLE TO SAID PREMISES IS VEST)JD IN Lucas J. Ptms and Jiicole L. Prins, h1w, by Deed from Wayne D. Harris and Melissa K. I~tris, hlw, dated Ob1072002, recorded 06/27120f)2 in Book 252, Page 1921. PREMISES BEINGr 1914 CARLISLE ROAD; CAMP HILL, PA 17011- 5911 PARCEL N0.13-23-0547-348 PRAECIPE TO REASSESS DAMAGES P.R.C.P. 3180-3183 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL COURT OF COMMON PLEAS MORTGAGE, INC. Plaintiff CIVIL DIVISION V. : NO.: CIVIL-09-177 LUCAS J. PRINS NICOLE L. PRINS CUMBERLAND COUNTY Defendant(s) PRAECIPE TO REASSESS DAMAGES To the Prothonotary: Kindly Reassess the Damages per the Court Order dated 8/17/2009 _,? ? fa er of the Plaintiff and against LUCAS J. PRINS AND NICOLE L. PRINS, defendant(s). a S. :Z:70 ;z As Set Forth in the Order $ 98,621.04 m al 1?1 G? j fxbuinrusS ?jjj C?S3 2 L14 (I c Attorne or Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 3009519 -a ' w,? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: LUCAS JOHN PRINS NICOLE LYNN PRINS Chapter: 13 Debtor(s) CHARLES DEHART Movant(s) vs. LUCAS JOHN PRINS NICOLE LYNN PRINS Respondent(s) Case Number: 1:09-bk-06803-RNO ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and no response that the case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. Date: December 21, 2010 By the Court, 6?,A v. o,?4,r Robert N. Opel, H, Bankruptcy Judge (W) MDPA•Dismiss Case.WPT - REV 03/09 Case 1:09-bk-06803-RNO Doc 43 Filed 12/21/10 Entered 12/21/1013:35:17 Desc Main Document Page 1 of 1 1l AUG 17 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., SB/M TO PRINCIPAL Court of Common Pleas RESIDENTIAL MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County LUCAS J. PRINS No. CIVIL-09-177 NICOLE L. PRINS Defendants ORDER AND NOW, this l day of 2009 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nuns pro tune in this case as follows: Principal Balance $87,503.37 Interest Through September 2, 2009 $6,651.30 Per Diem $15.58 Late Charges $390.65 Legal fees - $1,325.00 Cost of Suit and Title $701.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $300.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / 10.00 Private Mortgage Insurance wa. 195104 R_? Non Sufficient Funds Charge $0.00 Suspense/Nlisc. Credits ($0.00) Escrow Deficit $1,749.22 TOTAL $98,621.04 Plus interest from September 2, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 7Y( COURT Michele M. Bradford, Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 LUCAS J. PRINS NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 ,. `•'?:? n' t?`?' <?`";:i4f?r;, :c?v?4'?b ? ? ?k'L'? 4'v"? 3`d`k? ?"ds''?%E. -117 195104 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-177 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff (s) From LUCAS J. PRINS AND NICOLE L. PRINS (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 $98,621.04 L.L. Interest FROM 09/03/2009 TO DATE OF SALE ($0.00 PER DIEM) -- $0.00 Atty's Comm % Atty Paid $1,082.67 Plaintiff Paid Date: 1110111 (seal) REQUESTING PARTY: Name: JAIME McGUINNESS, ESQ. Address: PHELAN HALLINAN AND SCHMIEG Due Prothy $2.00 Other Costs Da ' . Buell, rothonotary By: Deputy 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 01 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL COURT OF COMMON PLEAS MORTGAGE, INC. Plaintiff CIVIL DIVISION v LUCAS J. PRINS NICOLE L. PRINS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/03/2009 to Date of Sale ($0.00 per diem) TOTAL At 06 Pd 4 , V-'-/0 C? /u, 0o 7 -7 iu. GO ? ?y 0 p 0 "? m ei&' oa. 60 P H? IbNua153 5 OA,?53? -7 Note: Please attach description of property. PHS # 195104 NO.: CIVIL-09-177 CUMBERLAND COUNTY - 1 _3 r n r-- r r- $98 621 04 r ; `" ' , . c:j $ 0.00 ca $98,621.04 k4vv' Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Pk O4 45) a? oa O U GO O? ?U U W d H O 04 H z w ?a a d 1 a 0 C FBI C?7 d H Oa U > aa? O UU aZ 0 U OW w a? ? ac U w v ? 2 do do N a U aua < 4 ?°U za,U O N ? a, p N a 0 ? Vy ? ^' M M ? ? ? OMO NNN`O??[?nM ? OON\ONO? M t?M O? V pzo0 V'1 p?? °v?j CMO ??? NN GOB ?zzz'z° ?ti o1 o 6ZZ zzbM ab;bv ^??ZZZ?Z-6 y"ti vz W g h W ar al ^^^ Z ^' y 0 a. y" w v, ti W 'g Ww & O"wwW~W?yw w 4) 5:3 5? 0 p?P3 00 ?9000000000000000000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D. P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland Estates made for F. B. J. Branagan by D. P. Raffensperger, Registered Surveyor, Lemoyne, PA, dated January 20, 1955 as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of four hundred thirty-five feet Westerly from the Westerly side of 19th Street (sixty feet wide); THENCE extending Westwardly along the Northerly side of Carlisle Road, sixty feet to a point; THENCE extending Northwardly along the line dividing Lot Nos. 30 and 31 on the above mentioned Plan, and crossing a ten feet wide easement one hundred twenty feet to a point; THENCE extending Eastwardly sixty feet to a point; THENCE extending Southwardly recrossing said ten feet wide easement and along the line dividing Lot Nos. 31 and 32, one hundred twenty feet to the Northerly side of Carlisle Road, the first mentioned Point and Place of BEGINNING. BEING known as Lot No. 31, Block'E' on the above mentioned Plan. HAVING THEREON ERECTED a dwelling known and numbered as 1914 Carlisle Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to certain rights of way, conditions, and restrictions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Lucas J. Prins and Nicole L. Prins, h/w, by Deed from Wayne D. Harris and Melissa K. Harris, h/w, dated 06/07/2002, recorded 06/27/2002 in Book 252, Page 1921. PREMISES BEING: 1914 CARLISLE ROAD, CAMP HILL, PA 17011-5911 PARCEL NO. 13-23-0547-348 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff V. LUCAS J. PRINS NICOLE L. PRINS Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: CIVIL-09-177 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: O LJ M U Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 MIMORTGAGE, INC., SB/M TO PRINCIPAL ! RESIDENTIAL MORTGAGE, INC. Plaintiff V. LUCAS J. PRINS NICOLE L. PRINS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-09-177 CUMBERLAND COUNTY PHS # 195104 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1914 CARLISLE ROAD, CAMP HILL, PA 17011-5911. Name and address of Owner(s) or reputed Owner(s): Name LUCAS J. PRINS 2. NICOLE L. PRINS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1914 CARLISLE ROAD -- "a CAMP HILL, PA 17011-5911 1914 CARLISLE ROAD to r-- -,; _ ? n7 CAMP HILL, PA 17011-5911 330 Address (if address cannot be reasonably ascertained, please so indicate) tt .,,3 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY C/O STEVEN R. MINER, ESQUIRE 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 2233 GETTYSBURG ROAD CAMP HILL, PA 17011 1035 MUMMA ROAD, STE. 101 WORMLEYSBURG, PA 17043 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 51- Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) UCC DIRECT SERVICES AQUA FINANCE, INC. LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY LOWER ALLEN TOWNSHIP AUTHORITY C/O STEVEN R. MINER, ESQUIRE P.O. BOX 29071 GLENDALE, CA 91209-9071 P.O. BOX 844 WAUSAU, WI 54402 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 2233 GETTYSBURG ROAD CAMP HILL, PA 17011 1035 MUMMA ROAD, STE. 101 WORMLEYSBURG, PA 17043 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 (if address cannot be reasonably ascertained, please indicate) None. 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 (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 •S. 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.A. § 4904 relating to unsworn falsificati Iauthorities. Jan 2011 By: gk? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : : NO.: CIVIL-09-177 VS. LUCAS J. PRINS NICOLE L. PRINS CUMBERLAND G.QU>a TY,--- . Defendant(s) 2 i71 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LUCAS J. PRINS NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 sAA "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1914 CARLISLE ROAD, CAMP HILL, PA 17011-5911 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $98,621.04 obtained by CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. 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 canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 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 215-563-7000. 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 the filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, described according to Plan No. 7 of Highland Estates Development made by D. P. Raffensperger, Registered Surveyor, dated April 1, 1952, and also according to a Plot Plan of Highland Estates made for F. B. J. Branagan by D. P. Raffensperger, Registered Surveyor, Lemoyne, PA, dated January 20, 1955 as follows, to wit: BEGINNING at a point on the Northerly side of Carlisle Road at the distance of four hundred thirty-five feet Westerly from the Westerly side of 19th Street (sixty feet wide); THENCE extending Westwardly along the Northerly side of Carlisle Road, sixty feet to a point; THENCE extending Northwardly along the line dividing Lot Nos. 30 and 31 on the above mentioned Plan, and crossing a ten feet wide easement one hundred twenty feet to a point; THENCE extending Eastwardly sixty feet to a point; THENCE extending Southwardly recrossing said ten feet wide easement and along the line dividing Lot Nos. 31 and 32, one hundred twenty feet to the Northerly side of Carlisle Road, the first mentioned Point and Place of BEGINNING. BEING known as Lot No. 31, Block 'E' on the above mentioned Plan. HAVING THEREON ERECTED a dwelling known and numbered as 1914 Carlisle Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to certain rights of way, conditions, and restrictions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Lucas J. Prins and Nicole L. Prins, h/w, by Deed from Wayne D. Harris and Melissa K. Harris, h/w, dated 06/07/2002, recorded 06/27/2002 in Book 252, Page 1921. PREMISES BEING: 1914 CARLISLE ROAD, CAMP HILL, PA 17011-5911 PARCEL NO. 13-23-0547-348 a PLAINTIFF CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT LUCAS JOHN PRINS A/K/A LUCAS J PRINS NICOLE LYNN MORGAN A/K/A NIC LE LYNN PRINS A/K/A NICOLE L. PRINS PHS # 195104 SERVICE TEAM/ kxc COURT NO.: CIVIL-09-177 C ? C33 ? (P T; -4p SERVE NICOLE LYNN MORGAN A/lUA NICOLE LYNN PRINS TYPE OF ACTION ?`. A/K/A NICOLE L. PRINS AT: XX Notice of Sheriffs Sale 1914 CARLISLE ROAD SALE DATE: 06/01/2011 cl?, CAMP HILL, PA 17011-5911 C=- Served and made known to NICOLE OD , o'clock -r. M., at 191 Defendant personally served. - Adult family member with whom I Relationship is - Adult in charge of Defendant's resi - Manager/Clerk of place of lodging - Agent or person in charge of Defer an officer of sa AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY SERVED fendant on the $?"day of 6"W , 20 It , at %tt, DA , in the manner described below: reside(s). nce who refused to give name or relationship. which Defendant(s) reside(s). ant's office or usual place of business. Defendant's company. -t C3 W _ Other: Description: Age cells Height ?K Weight AO Race 14) Sex F Other I, ?gN?D /tee k. a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the !Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indi ated above. - Sworn to and subscribed before me this & !-day Y CLIRTY L?. aY PUBLIC of, 201 j G A:?r fr JERSEY Not By: MY CO =, v F%?1RES MARCH 7, 2013 NOT SERVED On th a 20 at _ o'clock M., Defendant NOT FOUND because: acant _ Does Not E ist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Lawmnm T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal R Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., ld. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 '., Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., ld. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambiett, Esq., Id. No. 208375 Allison F. WeBS, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 t -.- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC., S/B/M TO PRINCIPAL Court of Common Pleas RESIDENTIAL MORTGAGE, INC. Plaintiff Civil Division V. CUMBERLAND County LUCAS J. PRINS No.: CIVIL-09-177 NICOLE L. PRINS Defendants RULE AND NOW, this /3' day of ??2011, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 195104 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 "TEL: (215) 563-7000 FAX: (215) 563-3459 LUCAS J. PRINS NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 ' Ali egm F klella, , P14+s LUCAS J. PRINS NICOLE L. PRINS 146 FOREST DR CAMP HILL, PA 17011-8309 C,op1es u 195104 IijI I Ah P R 20 AM II' .?.x UMBERLAND COUH 1 ,`, J, ? PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL Court of Common Pleas RESIDENTIAL MORTGAGE, INC. Plaintiff Civil Division v CUMBERLAND County LUCAS J. PRINS No.: CIVIL-09-177 NICOLE L. PRINS Defendants CERTIFICATION OF SERVICE 195104 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 3, 2011 was sent to the following individuals on the date indicated below. LUCAS J. PRINS NICOLE L. PRINS 1914 CARLISLE ROAD CAMP HILL, PA 17011-5911 DATE: LUCAS J. PRINS NICOLE L. PRINS 146 FOREST DR CAMP HILL, PA 17011-8309 Phelan Hallinan & Schmieg, LLP By: Lj Lawrence T. Ptelan sq., Id. No. 32227 ? Francis S. Hallman, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 195104 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v LUCAS J. PRINS A/K/A LUCAS JOHN PRINS NICOLE L. PRINS F/K/A NICOLE LYNN MORGAN A/K/A NICOLE LYNN PRINS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLKAS CIVIL DIVISION r- No.: CIVIL-09-177 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: rn F am -?-t o -n r-3-n In C'-i t :1 As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (F 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is atta he hereto Exhibit "A?'? Date: ell / ? yAJbhfncE fi Phelan, Esq.,!/. No. 32227 F ancis S. Hallinan, Esq., Td. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 E]Aeetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 195104 ?o .4 °v ' .2 M aAOU a`Oc? t ti. ? b Q 0 a? Ij ? 4 7iEl0 )dIZ V40 d3 (?dl( ?``?o b a ' y q O u 0 A? pA C ;3 0 Vs q is '? F g ?w E u N ? u b ? ' o c c '?Et`gqE@ V U O i Y ? L rN G .O Fl r F S' cS u ?gw?^ w o t'om' y„ O ., q h r m? c_ ? ? E ?n b I 1 I d' O ^I u Fi ? V S b E M b F] ?'% O I O? w' .? E g V O H ? ;?w'aH OPL ? x A i h d ~? F . a C?" M d 'o ? o?f U N U a a w H ,,, ?:+ O H SFq W O FU ? F 0? F `a H Z y Go - O ? Fp?y ?? 'IS+ C Q F `?' x x E ? o ? ,? ? A.., v ?+ e a s _o :? o y00 GzldwN C) ?3^ paq? o DA ? a z ?OCvFi w a?. O? "' xp OC7 U ? 5' ? y ? d? °' ?k 6 ?? a d oaa a F? zw d? E-?OtsG z oC? n F" zd .. w a w ? P4. o C wa a F o >o r3 C a >? t! e w 1? o d v?v w F z w pa wd w M a °1?U u i U z v 3ro W U • .. ? -j F o t? a U _ ., a °'C x^xa .. w d a`r°a dN d d d ?a a w .. t.3 w a ?a "? boa o n 3 Gp? ogo? Q ?o E-3DC? a 4 a a o woa .a d? a4w ? ? g 3 Ow k v? d U i40 oa d tA a. o oa aa s wA? ? a? aoi awQ ,caa; 3 'C.a w 4'+00 Q aq W U 3a3 WF 3?'? w n 3 q? U°' , 0A ? `° o ..I ` v .g ? Wad s0M`? fn ? od0 8 C0 lnV]?Na ?D O[.? a U a . W D A a: Or°,W •z a O?o0 aU .,3 e ONd aNU U0..t ?a:C7 0?0'd da3 W w 8 ?a .Z E-.-U AU UAa .,.•o wN » O ?o . . , l. E v U ? Q w N ooS 'c en r- 00 I 1 t 1 E ? r ?b a ?a ?+ 0 O y ? ? V s ]C?a a T b zao I I I I I I 8_ :a Keg j V £ 0 L6 L 3000dIZ W0UA Q3lIVY4 . LLOZ LLNvr 99ZLLZb000 ; y o9v'90 $ wL Z O • .? Eli S3ARM ADAW ._ .y ? rim w . . Q o A ? Ilk O n?`? c o u • ° _ c n o E- OE y 8 ?•-°v 3 o •? e w uJ B u r3 m 4c ~ y ww yy j p OA. oO y? U V ?N O p Q p O N O y J G O T.« •• O O N SA -W O ?+ ~O :.., C r7 W K y $ to y to M N pp. z u ? x a o L a 11??11 < N ? zz d 1p4?> F F O d '?G4A W nFr E" " IFr Q?o ... a ? ? 04 x 7a ac ? a a ? '? - a a wF ? ?a F w€ > .s .. ? '>? !2 A? z zF > ' 3W a'OO a ° n.0'O? a. fax L h w e u? c o aG LT. 04 -4z w < vx?WEW,? yEA fro,? Ch o W U. w. ? L a 3? a WAa ? 3aCD $ v L L7 W •C aa d e,,r? o Y ••d « 10, 'to- U w ? r o .. 3 ?w d e Y Y e >.. C o+•a"?r o w G < ?< a E. < o pC1 a FO PL Z Wz F o 04 z o4D Wd FpG?+ D Z < pga P4 a < aj.. S U I. 8 b r?. a a Y O a^ ?i a " L" < Grpp < > 0<i Y b Y E rmw0+ r C O W Gsip?O4 o° o < lel o p J aa? Y?r a ? az ? a W a? a ? F•' W U Z ar < ? {? M o 6. w ??i z< ? w i ? V t .. .. Y Y? O o ?z '= d N C K y o ? ? oc t / Z FBI Y L C?.O {< ? C i• L' a a Q< V n 3 .? 0 ?Qi ? o?o? ? .? A..? F.3Xy ? ? r < ? iG aL1e1 p Y..1V ?3a3 ?r < ? r, W aWa„a W W? 3 ? [? r7 Q. [[[??? ? x O N LTA r? ax< A? v 0 0 z ?xo <rQ? o .o O U` w . Z .°: AU? U UCa?a? ?? ? 4 ?dr`e1C C U C Ap°,• ?? ? oo Sc? 3 < g U UQa Oac7 aQ<. < 3 N a Fa s a z "•1 N e ' n et t o ?O h 00 O? . N-I . '? r rc °o v ?4 On .a ? cc clls a Z 0 (A ¢ 'n a¢?a xU a a0a b ? L' ? b zeo C 8 3 B QH?S G C 0? s L 3003 diz Woad a311VW L'0' o"" 99ZLLZb e 000 ozs•zo $ vu Z O ° . rdA1LOB A3N1W E ® -e- o 2 g s? .. Ng. -o y - d o X L? O S 3??$ u Q ? • ° _ u r m '? u U y QM a C , 1o w x V M'M W q O W E N O c° y °' ? .I 1. O ICI Q F?pyi .? q N C C a°. d P y a w c go y?? w . a w v U a O w O '? o ~ v x w a O V1 Z V1 z FS a a a a a ? a a4 a a aW ? o 0 w v' z ? i tJ b ? a a V: U z as ? o ? ? •d .o z U_ a ^' a v o .? u ? n za 00 C, O N M ch N ° •?u d- 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. LUCAS J. PRINS NICOLE L. PRINS Defendants Court of Common Pleas Civil Division -_ CUMBERLAND Cy No.: CIVIL-09-177 10 ORDER 71-- AND NOW, this 1G' day of m,97 , 2011, upon consideration of Plaintiff's` Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess --A y -XI Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 1, 2011 Per Diem $15.35 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Suspense/Misc. Credits Escrow Deficit TOTAL a? Plus interest from June 1, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Joshua-z. C3ddman, ? LVeas J . Prins Nicol-, L. Pri nS $86,201.63 $11,673.25 $150.25 $2,000.00 $1,301.50 $869.77 $262.50 ($571.72) $2,009.67 $103,896.85 BzE COURT: e e J. 195104 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . ; 4 Sheriff -Jody S Smith Chief Deputy 4 ! 'T Richard W Stewart i;tlrlcsBL ?? ? it 2-1 zF Solicitor PEMSYZO!n,Nlr; CITIMORTGAGE, Inc., vs. Nicole I Prins (et al.) Case Number 2009-177 SHERIFF'S RETURN OF SERVICE 03/10/2011 06:54 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Nicole I Prins at 1914 Carlisle Road, Lower Allen, Camp Hill, PA 17011, Cumberland County. 03/10/2011 06:54 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Nicole I Prins (F) (Spouse), who accepted as "Adult Person in Charge" for Lucas J Prins at 1914 Carlisle Road, Lower Allen, Camp Hill, PA 17011, Cumberland County. 03/30/2011 Ronald Hoover, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1914 Carlisle Road, Camp Hill, PA, Cumberland County. 05/31/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 07/26/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 09/26/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $699.54 September 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF .Do (c GourtySuite Seert Teleo;ott. ir.;;. SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-177 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. vs. LUCAS J. PRINS NICOLE L. PRINS owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1914 CARLISLE ROAD CAMP HILL PA 17011-5911 Parcel No. 13-23-0547-348 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $98,621.04 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 CUMBERLAND LAW JOURNAL Writ No. 2009-177 Civil CITIMORTGAGE, Inc. VS. Nicole I. Prins Lucas J. Prins Atty.: Daniel G. Schmieg By virtue of a Writ of Execu- tion NO. CIVIL-09-177, CITIMORT- GAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. vs. LUCAS J. PRINS, NICOLE L. PRINS, owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being 1914 CARLISLE ROAD, CAMP HILL, PA 17011-5911. Parcel No. 13-23-0547-348. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $98,621- .04. 63 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. :::?? L-- -- Lisa Marie Coyne, di=tor SWORN TO AND SUBSCRIBED before me this =dof 201 1 ary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 It The Patriot-News Co. 2020 Technology Pkwy Suite.300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14( Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22111 04129/11 05/06/11 LBy 'LrbX aft W* d E> Nowe M. R 1; is 2 f M y, 2011 A. D. CIVRAPIVI Sworn to apd scribed befor a %V CnVOOR"Aft W, "#A MOMAGE, INC. vs. Notary Public LUCAS J. NICOLE L MM mvom(s) of pop* !n 1be COMMONWEALTH OF ?, ? , ? ? sYLvar?ra Cm*, Powft ia,twt Sherrie L ota# r? I ? Publk 191(M4CCARLMEROAR,CA1iW1#111. ( Lower TwP.. 0auphln County PA 17011-5911 Be6 Nov. 260 2011 Parcel No. 13-n-0547-348 Member, ?SiOn ` Penn sYlvanla Assocletion Of Notaries (Aaup or ~ ad*"P) ?9ly6Q1#