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HomeMy WebLinkAbout10-1835NE P , a D 2010 MAR 15 Wi 9: 31 s 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 232855 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff KATHLEEN R. GELINAS-RICE 212 EAST 11TH AVENUE # 1 BROOKLYN, MD 21225-3044 Defendant File #: 232855 cum' ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Id - 1? 3 S c u-`l fetM CUMBERLAND COUNTY qj a d "'a?7 &k,kc)1.3S3S3 A-fl a-SOJ6 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 may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 232855 Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: KATHLEEN R. GELINAS-RICE 212 EAST 11TH AVENUE # 1 BROOKLYN, MD 21225-3044 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/29/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SECURITY ATLANTIC MORTGAGE COMPANY INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200807015. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 11/0 1/2009 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 #: 232855 6. The following amounts are due on the mortgage: Principal Balance $178,919.35 Interest $4,830.81 10/01/2009 through 03/11/2010 (Per Diem $29.8198) Attorney's Fees $650.00 Cumulative Late Charges $259.90 02/29/2008 to 03/11/2010 Costs of Suit and Title Search $5-50„00 Subtotal $185,210.06 Escrow Credit ($35.16) Deficit $0.00 Subtotal ($3-5-16) TOTAL $185,174.90 7 8. 9 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. 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 232855 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $185,174.90, together with interest from 03/11/2010 at the rate of $29.8198 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP By: ? L T. Phelan, Esq., Id. No. 32227 ? Ffer?ce is 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 Kheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 Attorneys for Plaintiff File #: 232855 • LEGAL DESCRIPTION All that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the center of the public road leading from the Carlisle-Harrisburg Turnpike to the Poor House Road; thence by the center of said road, South 23 degrees East 124 feet to a point; thence by land now of formerly of Donald E. Grell and wife, South 44 degrees 40 minutes West 125.4 feet, more or less, to a stake; thence by the same and along an old fence line, South 75 degrees 10 minutes West 66 feet to an old post; thence by the same and 3 feet, more or less, Eastwardly from an existing fence line, North 26 degrees 50 minutes West 91 feet to a stake; thence by the same and continuing 3 feet, more or less, Eastwardly from an existing fence line, North 26 degrees 20 minutes West 66 feet to a stake; thence by land of the same and along an old fence line, North 65 degrees 25 minutes East 191.5 feet, more or less, to the place of beginning. THE improvements thereon being known as 40 Harmony Hall Drive, Carlisle. PA 17015. Tax ID# 21-19-1637-021 File #: 232855 4 , The undersigned attorney hereby states 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. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to DATE: V File #: 232855 _. L El i ~ ~~.J i... rJ ~ r~ ~ ~! E.' L ~.J ~.r~+ `'. ~.. ~ ~,: _, , ~ _. i t _. w r PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) Sb3-7000 BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Kathleen R. Gelinas-Rice 212 East 11th Avenue #1 Brooklyn, MD 21225-3044 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-1835 Civil MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant, Kathleen R. Gelinas-Rice, has filed an Answer to the Complaint in which she has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiff s attached Brief. ~3a8s~ 4. Pennsylvania Rule of Civil Procedure 1029 provides that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. 5. In her Answer, Defendant failed to deny the default, amounts due, mortgage and Plaintiff s compliance with Act 6 of 1974 and Act 91 of 1983, therefore she is deemed to have admitted all allegations of Plaintiff's Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 6. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 200807015, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit A1. 7. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Instrument: 201007221. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 8. The Mortgage is due for the November 1, 2009 payment, a period in excess of nine (9) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. Defendant's default is also evidenced by Plaintiff s loan history, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit F. 10. The last payment applied to the Defendant's mortgage was on or around January 13, 2010. Plaintiff applied this payment to Defendant's account for the delinquent October 1, 2009 payment, as is evidenced by the attached loan history on Defendant's account (see Exhibit F). The account remains due and owing for the November 1, 2009 payment. Furthermore, Defendant has not provided proof of any payments she might have made. 11. Plaintiff has complied with Act 6 of 1974 as it appropriately notified Defendant of its intent to foreclose under the Mortgage and afforded Defendant 30 days to cure the arrearage before commencing its foreclosure action. True and correct copies of the Act 6 notices with proof of mailing are attached hereto, incorporated herein by reference, and marked as Exhibit E. 12. Defendant is not eligible for the Homeowners' Emergency Mortgage Assistance Program, Act 91 of 1983, because the Mortgage is insured by the Federal Housing Authority. 35 P.S. § 1680.401 c(a)(3). 13. In Defendant's Answer she alleges that she is being reviewed for a partial claim. Plaintiff admits this. On Apri13, 2010 Plaintiff sent a financial package to Defendant for her to complete and return by April 13, 2010. Before Plaintiff could complete the review of Defendant's loan for a partial claim, Defendant contacted Plaintiff on July 14, 2010 and advised that she was no longer interested in a partial claim as she is looking to lower her monthly mortgage payment. As a result, Plaintiff canceled their loss mitigation module on July 14, 2010. A true and correct copy of Plaintiff s collection notes are attached hereto, made part hereof, and marked as Exhibit G. 14. Defendant has failed to sustain her burden of presenting facts, which contradict the averments of Plaintiff s Complaint 15. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 16. Defendant has the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP J Date: ~° By: Jose h P. chalk, Esquire Atto ev for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Kathleen R. Gelinas-Rice 212 East 11th Avenue #1 Brooklyn, MD 21225-3044 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-1835 Civil PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT I. DEFENDANT'S DEFAULT UNDER THE MORTGAGE On February 29, 2008, Defendant, Kathleen R. Gelinas-Rice, executed a Mortgage and Promissory Note in the principal sum of $182,700.00, this sum being payable in equal, consecutive, monthly installments of principal and interest of beginning at $1,095.3 8 on the property at 40 Harmony Hall Drive, Carlisle, PA 17015-8469 (hereinafter the "Property"). A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 200807015, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit A1. Defendant defaulted under the Mortgage and Note by failing to make payments due November 1, 2009 and each month thereafter. On January 14, 2010, due to Defendant's default, Plaintiff mailed Defendant notice of its intention to foreclose on the Mortgage to Defendant at her last known address. Defendant, however, failed to cure the default. True and correct copies of the notices with proof of mailing are attached hereto, incorporated herein by reference, and marked as Exhibit E. Because Defendant failed to take the necessary affirmative steps to cure the delinquency, Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses. Accordingly, the present action was filed on March 15, 2010. To date, Defendant has not brought the account current. II. PLAINTIFF IS ENTITLED TO SUMMARY JUDGMENT AS A MATTER OF LAW Summary judgment is a means to "eliminate the waste of time and resources of both litigants and the courts in cases where a trial would be a useless formality." Liles v. Balmer, 389 Pa.Super. 451, 567 A.2d 691 (1989); First v. Zem Zem Temple, 454 Pa.Super. 548, 551, 686 A.2d 18, 20 (1996). A Motion for Summary Judgment shall be granted if the documents of record show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Pa.R.C.P. 1035.2(1); Allen v. Merriweather, 413 Pa.Super. 410, 411, 605 A.2d 424 (1992); Beasel v. New Blvd. Baking Co. Inc., 410 Pa. Super. 591, 593, 600 A.2d 610 (1991). The moving party bears the burden of demonstrating clearly that there is no genuine issue of triable fact. Driscoll v. Carpenters District Council of Western Pennsylvania, 370 Pa.Super. 295, 536 A.2d 412 (1988); affirmed, 525 Pa. 205, 579 A.2d 863 (1990); Allen, 413 Pa.Super. at 41 l; Beasel, 410 Pa.Super. at 594; Hower v. Whitmark Assoc., 371 Pa.Super. 443, 381 A.2d 524 (1988); Romah v. Hygienic Sanitation Co., 705 A.2d 841, 848 (Pa.Super. 1997). In response, the nonmoving party may not rest upon the pleadings, but must set forth specific facts demonstrating a genuine issue for trial. Phaff v. Gerner, 451 Pa. 146, 303 A.2d 826 (1973); Dujai v. Dennis, 431 Pa.Super. 366, 370, 636 A.2d 1130, 1132. Rule 1029(b) of the Pennsylvania Rules of Civil Procedure specifically provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivision (c) and (e) of this rule, shall have the effect of an admission. It is well settled that a general denial is unacceptable and deemed an admission where it is clear that the defendant has adequate knowledge and that the means of information are within the control of the defendant. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951). Cercone v. Cercone, 254 Pa. Super. 381, 386 A.2d 1 (1978); City of Philadelphia v. Hertler, 114 Pa. Cmwlth. 475, 482, 539 A.2d 468, 472 (1988). Goodrich-Amram 2d §1029(c)(1), p. 280. A general denial effectively manifests an admission to the facts averred in the complaint. Swift v. Milner, 371 Pa. Super. 302, 308, 538 A.2d 28, 31 (1988); Michner v. Mont omery County Tax Claim Bureau, 671 A.2d 285, 288 (Pa. Cmwlth. 1996). One purpose in demanding a specific denial is to enable the parties to focus upon the disputed facts and to assist the Court in defining the issues for trial. Bogley, Harting & Reese v. Stuart, 11 D&C 3d 303, 310 (Chester Co. 1979). Plaintiff has averred in its motion, and by attaching its affidavit in support of its motion, and by its loan history on Defendant's loan, that Defendant is in default by failure to tender regular monthly mortgage payments. A review of the pleadings as a whole in the instant case reveals that Defendant has failed to sustain her burden of presenting facts, which contradict the elements of Plaintiff s claim. III. AMOUNT OF THE IN REM JUDGMENT The within case is a mortgage foreclosure action, the sole purpose of which is to take the Defendant's mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is only for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff, while the third party purchaser would obtain a deed to the property. Accordingly, the amount of the in rem judgment has no bearing or impact on the Defendant. IV. ATTORNEY FEES AND COSTS ARE REASONABLE As to the attorney fees recited in paragraph six (6) of the Complaint, it should be noted that paragraph eighteen (18) of the Mortgage clearly indicates that Defendant is liable for an attorney fee, costs of suit, and costs of title evidence if Defendant defaults on the loan. The attorney fee claimed in Plaintiff s complaint is less than five percent of the principal balance due on the loan. When Plaintiff was preparing its foreclosure Complaint, it could not know how much the attorney fees and costs would be upon completion of the foreclosure action. Plaintiff could not know whether the Defendant would contest the case and, if so, how extensively. Accordingly, Plaintiff used Pennsylvania case law as a guide. Attorney fees are enforced in order to compensate the Plaintiff for the reasonable and necessary expenses of collection. The Superior Court has held that it is inequitable for a mortgagee to expend sums of money for attorney fees in order to collect sums owed to him. Eas~ate Enterprises, Inc. v. Bank and Trust Company of Old York Road, 236 Pa.Super. 503, 345 A.2d 279 (1975). As a general rule, attorney fees, which are reasonable, will be permitted by the Court. A requested fee of five percent of the outstanding principal balance has been granted by the Court. Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable and enforceable. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). It is important to note that the attorney fees called for in the Mortgage are owned by the mortgagee, not the attorney. They are not limited to the actual attorney fees but cover also the extra charges made necessary because the mortgagor failed to meet his obligation. Foulke v. Hatfield Fair Grounds Bazaar, Inc., 196 Pa.Super. 155, 173 A.2d 703 (1961); Harper v. Consolidated Rubber Co., 284 Pa. 444, 131 A. 356 (1925). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney fee of 10% of the original loan amount was not unconscionable. 410 A.2d 344 (Pa.Super. 1979). The Superior Court cited Fetner in confirming that an attorney fee often percent included in the judgment in a mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Real , 662 A.2d 1120 (Pa.Super. 1995). Importantly, Plaintiff clearly outlined how Defendant could avoid paying Plaintiff s attorney fees in the Notice of Intention to Foreclose Mortgage, which was mailed to Defendant. Defendant, however, failed to take the necessary affirmative steps to cure the delinquency, but rather has opted to litigate, which has resulted in more attorney fees. Additionally, Plaintiff submits that the amount demanded for costs of suit and title search in Plaintiffs Complaint is neither excessive nor unreasonable. Moreover, the reasonableness of attorney fees does not create a genuine issue of material fact, which precludes the entry of summary judgment. First National Bank and Trust Co. of Newton v. Enrico, 40 D&C 3d 228 (1985). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney fees and costs as it deems reasonable. Therefore, there is no issue of material fact regarding attorney fees. V. PLAINTIFF COMPLIED WITH THE NOTICE REQUIREMENTS OF ACT 6 OF 1974, 41 P.S. &101 et seq. Plaintiff sent Defendant a Notice of Intention to Foreclose in accordance with the provisions of Act 6 of 1974, 41 P.S. §101 et seq. As stated in Plaintiffs Affidavit, attached hereto as Exhibit B, a Notice of Intention to Foreclose was sent by certified mail to Defendant at her last known address. True and correct copies of Plaintiff s notices are attached hereto, incorporated herein by reference, and marked as Exhibit E. Plaintiff has fully complied with the statutory requirements of Act 6 of 1974. 41 P.S. §403 clearly indicates what Plaintiff must do to comply with the notice requirements of Act 6: a. Before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, commence any legal action including mortgage foreclosure...such person shall give the residential mortgage debtor notice of such intention at least thirty days in advance... b. Notice of intention to take action as specified in subsection (a) of the section shall be in writing, sent to the residential mortgage debtor by registered or certified mail at his last known address and, if different, at the residence which is the subject of the residential mortgage. Jurisdiction is acquired over a mortgagor in a mortgage foreclosure proceeding even in the absence of actual receipt of the Notice of Intention to Foreclose where the mortgagee complies with §403(b) by sending the notice to the mortgagor's last known address. First Federal Savings and Loan Association of Wilkes Barre v. Van Why, 29 D&C.3d 675 (1983). VI. DEFENDANT IS NOT ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE UNDER ACT 91 OF 1983 Defendant's Mortgage was insured by the Federal Housing Administration (the "FHA"). The Mortgage plainly states that it is an FHA Mortgage. A copy of the Mortgage is attached as Exhibit A. Because Defendant's Mortgage is insured by the Federal Housing Administration (FHA) under Title II of the National Housing Act, Defendant is not eligible for emergency mortgage assistance. 35 P.S. §1680.401c(a)(3). 12 U.S.C.A. §1701-1715z-18. Accordingly, as Defendant is not eligible for assistance, no notice was sent. VII. CONCLUSION The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. In making its determination, the Court must accept as true all properly pleaded facts, as well as all reasonable inferences, which might be drawn from them. Thompson v. Nason, 379 Pa.Super. 115, 535 A.2d 1177 (1988), affirmed, 527 Pa.330, 591 A.2d 703 (1991). The Court must restrict its review to material filed in support of and in opposition to the Motion for Summary Judgment, and to uncontroverted allegations in the pleadings. Pa.R.C.P.1035. Overly v. Kass, 382 Pa.Super. 108, 545 A.2d 970 (1989). Plaintiff submits that it has demonstrated sufficient facts to warrant summary judgment in its favor. Defendant executed the Mortgage knowing that she would be responsible for the payments. Plaintiff has provided an affidavit that Defendant is in default and set forth the amount owed by Defendant. Therefore, Plaintiff maintains that it has produced sufficient evidence to establish a prima facie case for mortgage foreclosure. Once Plaintiff has satisfied its burden, Defendant has a responsibility to demonstrate facts, which would create a genuine issue for trial. Phaff, supra. Defendant has failed to sustain her burden of presenting facts, which would contradict the elements of Plaintiff s claim. Plaintiff respectfully submits that the allegations of the Complaint are, in fact, uncontroverted. Defendant has had use of the Property rent-free at Plaintiff s expense long enough. Defendant's Answer has been interposed for the purpose of delay only. Plaintiff requests that its Motion be granted so that it can recover the unjust financial losses it has incurred to date. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: ~ C~ gy: ose h .Schalk, Esquire Atto ey for Plaintiff EXHIBIT A ~~S ~..~. ;; j~ n ~, r ~,ftPLRPCOiding,RetnrxuTn.._ _. . _ , 0006847 4HIIIII~II~~ ¢5] .tGEUNAS-RI KR I~ILlIIIII11C~llllll~~l11111{{Illllll{a~fl ll I1N~ . ~111111~IINl ' 610 1831'1 9$ D2 001 001 ` _ Prepared By: YASMIIN ARRAYA SECURITY ATLANTIC MORTGAGE CO. INC. 619 AMBbY AVENUE EDISON,NJ08837 (732) 738-7100 Rl~~y®t Property Address: CHBSAPHAICB 77TL13 & ESCR©W SFRVIf~ j[tj`! 11500 Cronrldge Drive 40 HARMONY HALL DRIVE CARLISLE, PA 17015 Suite 1008 land21117 ~ 4 5 11 $ ~ ~ n c 3 10- 6- PIN: a~ - ~q_ ~t~~~--c~a~ Sod- ~ao~,. paco A ova is ne or Reco ing eta MO~tTGAGE (*3E_LINAS-RICE WSn ~: Case # MIN:1 THIS MORTGAGE ("Security Instrument") is given on February 29, 2008. The mortgagor is KATHLEEN R. GELINA3-RICE, UNMARRIED ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MGRS") (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as beneficiary. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI X18501-2026, tel. (888) 679-MFRS. SECURITY ATLANTIC MORTGAGE CO. INC. {"Lender") is organized and existing under the laws Of NEW JERSEY, and has an address of 619 AMBOY AVENUE, EDISON, NJ 08837, Borrower owes Lender the principal sum of one Hundred Eighty-Two Thousand Seven Kundred laid 00/100 Dollars (U.S. 3182, 700.00). This debt is evidenced by Borrower's note dated the same dtttc as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on April i, 2038. This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advancod under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. I'or this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in CUMSERLAND County, Pennsylvania: SEE ATTACHED SCHEDULE A PARCEL# 21-19-1637-021 which has the address of 40 HARMONY HALL DRIVE, CARLISLE, Pennsylvania 17015 ("Property Address"); FHA PENNSYI.'I~ANIA MORTGAGE A00.32 Pogo 1 of 8 :.. t. TOGETHER WITH the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests grantee! by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise sny or all of those interests, including, but not limited to, the right to fioreclose and sell the Property; and to take any action required of Lercier including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subjecC to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Yasuranee, and Other Charges. Borrower shall include in cacti monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any yc:tr in which the Lender must pay s mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in sny year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items arc called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real )estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CI12 Part 3500, as they may be amended from time to limo ("RESPA"), except that the cushion or res;:rve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments ~~re available in the account may not be based on amounts duo for the mortgage insurance premium. If the amounts held by Lender for Escrow Items txceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of fiends held by Lender at any limo see not sufiieient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow 7'unds are pledged as additional security for all sums secured by this Security Instrument, If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items {a), (b), and (e) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall proirq~tly refund any excess funds to Borrower. Irrtmediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for alt installments for items (a), (b), and (c). 3. Application of Payments, All payments under Paragraphs 1 and 2 shall be applied by Lender as FHA PENNSYLVANIA MORTQAQE A60.32 Page 2 of 8 follows; First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monihly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flo-oci and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on lire Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by bender. The insurance policies anti any renewals shall be held by Lender and shall be include loss payable clauses in favor of, and in a 1'orrn acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instnrment, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not Extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay ell outstanding indebtedness under the Note and t!:is Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, aad use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later salt or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lander determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear anti fcar• excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Tender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccnrare information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerriirig Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, t!ie leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any FHA PENNSYLVANIA MORTGAGE ~ 400.32 Pagc 3 of B application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights In the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borro+vcr shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay wvuld adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails tv perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly si~ect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary tv protect the value of the Properly and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursem::nt at the Note rate, and at the option of bender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Leader determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice idendfying the lien. Borrower shall satisfy the lien yr take one or more of the actions set forth above within 10 days of the giving of notice. 8. )Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of D6bt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case; of payment defaults, require immediate payment in full of all sums secured by this 5ect~rity Instrument ifi (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any of^er obligations contained in this Security Instrument. {b) Sale Without Credit AppravaI. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in fill of ell sums secured by this Security Instrument if {i) A!1 or part of the Property, or a beneficial interest in a trust owing a!1 or part of tlic Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights +vith respect to subsequent events. FHA PENNSYLVANIA MORTGAGE '~ 400.32 Page 4 of 8 {d) Regulatfoas of $CID Secretary. In many circumstances regulations issued by the Secretory will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize aceeleratio» or foreclosure if not permitted by regulations of the Secretary, (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Nate are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all scams secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days days from the date hereof, declining to insure t::is Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability bf insurance is solely due to Lender's failure to remit a mortgage insurt~:tcc premium W the Secretary, 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. 'i'ris right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure posts and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. i;pon reinstatement by Borrower, this Security Instrument and the obligations that is secures shall remain in effect as if Lender hed not required immediate payment in full. However, Lender is not required to permit reinstatement if (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Borbearance By Lender Not a Wafver. Bxtension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or reRtse to extend time for payment or otherwise modify amortization of the sttms secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender ~:nci Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Prol~crty under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tetut of this Security Instrument or the Note without t!iat Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. "fhe notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing La~v; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this FHA PENNSYLVANIA MORTGAGE 400.32 Page 5 of 8 Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. 7'o t•his end the provisions of this Security Instrument and the Note are declared to be severable. I5. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit oi• other action by any governmental or regulatory agency or private party involving the Property anti any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learr:s, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Brrvironment8l Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in the paragraph 16, "Environmental Law" means federai laws and laws of the jurisdicdon where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender tbrther covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Tf Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of bender only, to be applied to the sums secured by the Security Instntmcnt; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on' Lender's written demand to tt:e tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exorcising its rights under this Paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may initiate foreclose by judicial proceedings and/or invoke any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies providcct in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence to :::c extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale PHA PBNNSYLVANtA MORTGAGB 400.32 Para 6 orb ^ r ~ . r provided in the Single Family Mortgage Foreclosure Act of 1994 ("AcY') (I2 U.S.C. 3751 et seq.) by requesting s foreclosure eommissionei• designated under the Act to commence foreclosure and to sell the J?roperty as provided in the Act. Nothing in tho preceding sentence shall deprive the Secretary of any rights otherwise eyaihtble to a Lender under this Paragraph 18 or applicable law 19. Itetease. Upon payment of all~sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waiver. Borrower, to the extent permitted by applicable laver, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present cr future laws providing for stay of execution, extension of time, exemption Srom attachment, •levy of sale, and homestead exemption. 21, ltefnstatement Period. $orrower's dme to reinstate provided in paragraph ]0 shall extend to one hour prior to the commencement of bidding at a Sheriff s. sale •or other sale pursuant to this •Security Instrument. 22. Purchase ivllopey lvXortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall ba a purchase money mortgage. 23. Interest Irate After Judgment.l3orrower agrees that the interest rate payable after a judgment is entered on the Note or is an action of mortgage foreclosure shall be the rate payable from lima to tirr:e under the Note. 24. Riders to this Security Instrument. if one or more riders arc executed by Borrower and reoorded,together with this Security Instrument, the covenants of each such rider shall be incorporated 'into and shalt amend and supplement the covenants and agreements of•this Security Instrument as if the rider(s) were in a part of this Security Instrument. The Following Ridex(s) are to be executed by Borrower and are attached hereto and made a part thereof. [checkbox as applicable]: O Condominium Rider q Growing Equity Rider ^ Adjusiable Irate Itidcr ^ Planned [lnit Development Rider l7 Graduated Payment Rider O Other{s} [specify] BY SIGNING BELOW, Bormwer accepts and agrees to the terms contained in pages i through 5 of this Security Tnstruarent and in any rider(s) executed by Borrower and recorded with it. This is a contract under seat and may enforced under 42 Pa.C.S. Section 5529(6). ~. ~QQ.E' f/Yipl.4 ~ ~.t,d,,e,,, a a job -B RROWER-KATHLEEN R. GEL7.l~TAS-r2ZCE - DA FHA PENNSYidAAttA MOIZ'!'GAOB 4002 Pago 7 oP8 7 (Space Below This Line For Acla~owIedRtnent STATE OSI' Pvnasyl'vaania COUNTX OF CDPIBSRLANA On this the, ~ 29t:h day of February, 2008, before me, .~~~°11Y1ig ~..c~_~~ the undersigned officer, personally appeared ICATHLLEN R. OBLINAS-RICE, tJNtD4AR.RITSD, known to me (or satisfactorily proven) to be the perso:~ whose name is subscribed to the within instrument and ackaowledged that she execated the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary lie _ My Commission Expires: Sa~~To COMMONWF.ALTIi OF PENNSYLVANIA Notadat Seal Demis L Wtse, Notary PubBc Hampden lYvp„ Cumbe-tand County My Commisslon t]cpirea Sept. 20, 2010 Member, Pennsyivanla Assoclatlon of Notarlos CERTIFICATE OF RESIABNC$ I, `~~1 h, t ~~- , do hereby cert~ty that the correct address of the within-named Lender is 619 AbJBOY AV~tTTE, EI)ISON, NJ 08837 witness my hand this 2 9 Eh day of 8ebruary, 2 0 0 8. Agen of Lender FHA PHNNSYLVANfA MORTGAGE 400.32 PaEe 8 of 8 ~ . ~. a ~ i ' ~ Exhibit A All that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point in the center of the public road leading from the Carlisle-Harrisburg Turnpike to the Poar House Road; thence by the center of said road, South 23 degrees East 124 feet to a point; thence by land now of formexly of Donald E. Drell and wife, South 44 degxees 40 minutes West 125.4 feet, more or less, to a stake; thence by the same and along an old fence line, South 7S degrees 10 minutes West 66 feet to an old post; thence by the same and 3'feet, more or less, Eastwardly from an existing fence line, North 26 degrees 50 minutes West 91 feet to a stake; thence by the same and continuing 3 feet, more or less, Eastwardly from an existing fence line, North 26 degrees 20 minutes West 66 feet to a stake; thence by land of the same and along an old fence line, North 6 degrees 25 minutes East 191.5 feet, more or less, to the place of beginning. **FORINFORMATIONALPURPOSES ONL'Y'** THE improvements thereon being known as 40 Harmony Hall Drive, Carlisle. PA 17015. Tax ID# 21-19-1637-021 THE ABOVE DESCRIBED PROPERTY WAS TAKEN 1N FEE SIMPLE. a a i 1 _ , , v ~ S ' ~'ElY1VSYT~'V'ANXA CERT~'ICATE OF RESXDENCE I I-IEREBX CERTIFY THAT 1`HE PRECISE RESIDENCE IS: 40 Harmony Hall Drive Carlisle. PA 17015 ,~IL~1.~ldv~. ~. 19•,-Q.Lt/ri.4.D- ~, I{athlceu R. Geli.nas-Rice MORTGAGE BETWEEN (Mortgagor): Kathleen R. Gelinas-Rice AND (Mortgagee): Security Attantie Mortgage Co., Tnc., and/or the Secretary of gousfng and Urban Development, its successors and/or assigns as their interests may appear After recording, please retu~x~ to: Chesapeake Escrow Services, Inc. 11500 Cronridge Drive Suite 100B Qwings Mills, MD 21117 File No. 508-0204 ~~~ ~ ROBERT P. ZIEGLER ., ' RECORDER OF DEEDS " CUMBERLAND COUNTY 1 COURTIiOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200807015 Recorded On 3/10/2008 At 10:45:33 AM * Total Pages - 11 * Instrument Type -MORTGAGE Invoice Number -15978 User ID - RAK * Mortgagor - GELINAS-RICE, KATHLEEN R * Mortgagee -MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - CHESAPEAI{E TITLE * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JvsTlc~ RECORDING FEES - $23.50 RECORDER OF DEEDS AFFORDABLE HOUSYNG $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~ ~e ~9 ~~~~ RECORDER O b EDS ~y ~ -Information denoted by an asterisk may change during ' fhe verification process and may not be reflected on this pabc. ooo~Ai 1111111111111111111111111111 ., EXHIBIT A 1 ~ NOTE t,oan M[N• Casa February 29, 2008 OWINOS MILL6 D2arylartd [Data] [City] [State] 40 HARbYONY HALL DRIVEL, CARLISLE, pA 17015 [Property Address] 1. PARTIES "Borrower" [Weans each person signing at the and of this Note, and the person's successors and assigns. "Lender" mcnns 6ECIIRITY ATLANTIC DQORTG?ACSE CO. INC. and it6 successors and assigns. 2. AORROWER'S PROMISE TO PAY; INTEREST In return for a loan received fkom Lender, Borrower promises to pay the principal sum of One Auadrad Eighty Two Thousand seven xundred Dollars (U.S. $182, 700.00), plus interest, to the order of Lander, Interest will bo citarcvd on unpaid principal, froth the date of disbursement of the loan proceeds by Lender, at the rata of six percent (6 . 0 0 04'0) par year until the full amount of principal has bean paid. 3. PROMISE TO PAY SLrCUI2.ED Borrower's promise to pay is seaurad by a mortcaco, deed of trust or similar security instrument that is dated the same date as this Noto and called the "Security Instrument." That Security Instrument proteots the Lender from losses which [night result if Borrower defaults under this Note. 4.1`iANNER OT PAYMENT (A) Timo Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on May 1, 2008. Any principal and interest remaining on the first day of April, 2038, wilt ba due on that date, which is cnllcd fire "hTaturity Date." (li) Plncc Payment shell be made at 619 AD~OY AVENIIE, E1Di90N, NJ 08897 or at such place as Lender may designate in writing by notica to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount ofU.S. $1, 095.38. This amount will be part of a larger monthly payment required by the Security Instrument, that shall ba applied to principal, interest and other itetns in the order described in the Seourity Instrument. (D) Allonge to this Note for payment adjustments If an silence providing for payment adjustments is executed by Borrower tocothor with this Note, the covenants of the silence shall be incorporated into and shall amend and supplement the covenants of this Noto as 1f the allonge ware a part of this Notc, [Check applicable box,] O Graduated Payment Allonce ^ Growing Equity Allonge ^ Other [Specify] 5. BORROWICR'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced Uy this Note, in whple or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial propayntcnt, there will be no chances in the due date or in the amount of the monthly payment unless Lender agrees in writin6 to those changes. 3G.4 Pogo 1 of 2 FHA Muttletnta Flxca Ante Notc -- 17/01 6. BOI2I20'W1;It'3 FAILUI2.L+ TO PAY (A) Lata Charge for Overdue Payments If Lander has not reoaived the full monthly payment required by the Beautify Instrument, as described in Paragraph Q(C) of this Nota, by the and of fifteen aaleadar days after the payment is due, Lander may collect a late ohttrga fn the amount of aoux percent (4. OUO%) of We overdue amount of each payment. Q3) Default If Borrower defaults by failing to pay is full any monthly payment, Wen Lender may, oxoept as limited by regulations of the Secretary is the case of payment deti;ults, roquire immediate payment in full of the principal balance remaining due and ell accrued interest. Leader may choose not to exercise this option without waiving its rights is the event of.any subsequent dcfattlt. In many circumstances regulations issued by the Secretary will limit Lender's rights to require Immediate payment in futI in the case of payment defaults. This Noto does not authorize acceleration whoa not permitted by HTJD regulations. As used in this Nota, "Secretary" means rho Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses if bander has required iminadiate payment in Pull, as described ebova, Lender may require Borrower to pay costs and expanses Including reasonable and customary attorneys' fees for enforcing this Note to the extant not prohibited by applicable taw. Such fees and costs shah boar interest from the date of disbursement at the same rata as the principal of this Note. 7. WAIVERS Borrower and any other parson who has obligations under this Noto waive the rights of preseahnont and notice of dishonox. "Presennnant" means the right to require Lender to demand payment of arnounta duo. "Notice of dishonor" nsenns the right to require Lender to give notice to other persons that amounts dun Nava not been paid. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that tnust ba given to Borrower under this Noto will bo given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lander a notice of Borrower's different address. Any notice that lnuat be given to Lender under this Note will ba given by first class mail to Londar at the addross stated in Paragraph 4(B) or at a different addross if Borrower is given a notice of that different address. 9. Oi3LIf;FAA'IONS OP PERSONS 'tJNDEl2 T~•ICS NOTE If more than one person signs this Noto, each parson is fully and personally obligated to lttaep all of the promises made in this Nola, inciudiag the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Nota is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against tech person individually or against all signatories together. Aay one person signing this Noto may be required to pay all of the arnaunts owed under this Nota. BY SLGMN4 BELOW, Borrower accepts and agrees to the terms and covenants contained in this Noto. - $ORROPER _ ICtiTI3LEYSNR. 6HLSNA3-RICE - DATB a ~a~~o8 (Sign Orlgtnat OrrlyJ 3b.q Paao 2 of 2 FHA 7Vlulnstnto FiscA ltntc Nato -- 1?JOl tM7idOl1T REOOURSE. PAY TO'fi•tS OADER OF: Courltryw9de Bank, FSg ~cul~trY~ulvrits NflRr~aas . t:~. - ©ttt=sel.etnr Ass1sT REro]xr EXHIBIT A2 ~aa 1 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Regishation Systems, Inc." hereinafter "Assignor" the ho lder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by. BAC HOME LOANS SERVICING, LP, "Assignee," the receipt whereof is aclatowledged, has granted, bargained, sold, assigned, transfetrcd and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by KATHLEEN R. GELINAS-RICE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SECtJR1TY ATLANTIC MORTGAGE COMPANY INC., bearing the date 02(19/1008, in the amount of $182,700.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 03/10/1008 in the County of CUMBERLAND, Commonwealth of Pennsylvania. in Mortgage Instrument No. 200807015, MIN: 100057602000369911. Being Known es Premises: 40 HARMONY BALL DRIVE, GARLLSLE, PA 17015-8469 Parcel No: 21-19-1637-021 The transfer of the mort ~~ 1 R9U gage and accomparrying rights was effective at the time the loan was sold and consideration passed to the Assignor. This assignment is solely intended to descnbe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation aturaced. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditamerrts and premises granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/hedthee hens and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein effaced and these presents to be duly executed by its proper officers this 12'b day of March, 2610. Mortgage Electronic Registrati Systems, Inc. By; ~ T. .o Sealed and Delivered Judith T. Ro ,Assistant ecretary d VicePresident in the presence of us; State of Pennsylvania . ss. County of Philadelphia On this 12`h day of March, 2010, before me, the subscriber, personally appeared Judith T. Romano, who acimowledged herself to be the Assistant Secretary and Vice President of Mortgage Electronic Registration Systems, Inc., and that she, as such Assistant Secretary and Vie President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF pENNSYLVANtA EUGENE ASKIEWlCZ N t 5tamplSeal: Notary Public , o ary Publir. t of Philadelphfa Pltifa C , . ounty M y Commission Expires Au The precise address of the within named After recording return to: gus213, 20.12 Assignee is: Phelan Hallman & Sehmieg, LLP 7105 CORPORATE DRIVE 1617 JFK Boulevard, Suite 1400 March l0, 2010 PLAN , TX 750 One Pean Center Plaza Document Execution By: Philadelphia, PA 19103 PHS #232855 r Assignee ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the public road leading from the Carlisle- Harrisburg Turnpike to the Poor House Road; thence by the center of said road, South 23 degrees East 124 feet to a point; thence by land now or formerly of Donald E. Grell and wife, South 44 degrees 40 minutes West 125.4 feet, more or less, to a stake; thence by the same and along an old fence line, South 75 degrees 10 minutes West 66 feet to an old post; thence by the same and 3 feet, more or less, Eastwardly from an existing fence line, North 26 degrees 50 minutes West 91 feet to a stake; thence by the same and continuing 3 feet, more or less, Eastwardly from an existing fence line, North 26 degrees 20 minutes West 66 feet to a stake; thence by land of the same and along an old fence line, North 65 degrees 25 minutes East 191.5 feet, more or less, to the Place of Beginning. BEING improved with a school house building known as Harmony Hall. SUBJECT, HOWEVER, to any easements aver the above described property which inspection thereof may disclose. BEING the same premises that JOSEPH H. HANKINSON and MARIE A. HANKINSON, his wife, by their deed dated the 26th day of September, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed 'O', Volume 33, Page 881, granted and conveyed unto RIC L. POTTEIGER and KATHLEEN R. GELINAS-RICE, GRANTORS herein. ROBERT P. ZIEGLER ~ -~ RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201007221 Recorded On 3/23/2010 At 11:36:06 AM * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number - 62735 User ID - KW * Mortgagor - GELINAS-RICE, KATHLEEN R * Mortgagee - BAC ROME LOAN S SERVICING LP * Customer -JAM TRANSFER * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA e s s ,o RECORDS/R O D F.DS * -Information denoted by an asterisk may change during the veriflcatlon process and may not be reflected on this page. 001R8U III Illllill~lllllllllllllll I i EXHIBIT B i.~~ PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF ) ss. COUNTY OF ) m/ ~ ~ ~ I~ ~rn h ti ,being duly sworn according to law, deposes and says: 1. I am employed in the capacity of ~iZe'c'~ii~~e 7~~ at BAC Home Loans Servicing, L.P., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant's account. 5. Defendant's mortgage payments due November O1, 2009 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest October O 1, 2009 through March 11, 2010 (Per Diem $29.8198) Attorney's Fees Cumulative Late Charges February 29, 2008 to March 11, 2010 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $178,919.35 $4,830.81 $650.00 $259.90 $550.00 $185,210.06 $(35.16) $0.00 $185,174.90 7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. The subject mortgage is insured by the Federal Housing Administration. 10. Plaintiff continues to suffer unjust financial losses as it pays the taxes and . ~,, t insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendant and to the severe detriment of Plaintiff. 11. Plaintiff properly accelerated its mortgage to protect its interests. Name: /YI ~~~ .~ .r.~, ,, ~i Title: ~~~ cry/crt~ Z~j, BAC Home Loans Servicing, L.P. SWORN TO AND SUBSCRIBED BEFORE IV,IE THIS ~_ DAY OF d` / ,2010. ~~~ NOTARY ,,,a,~, DAVID M. HEYINGWAY # Notary Public STATE OF TEXAS AAy Comm. Exp. 07-2413 File Name: Kathleen R. Gelinas-Rice phs• 232855 EXHIBIT C "' Yr Phelan Hallinan & Schmieg, LC.P Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 'Daniel G. Schmieg, Esq., ld. No. 62205 Michele M. 13radford, Esq., Id. No. 69849 Judith T, Romano, Esq., Id. No. S874S 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., ld. 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. 13ramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 232855 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. KATHLEEN R. GELINAS-RICE 212 EAST 11TH AVENUE # 1 BROOKLYN, MD 21225-3044 Defendant z~A~'R~~Y ~f.~ COPY File #: 232855 ("M ~..: ~^ C Tj ~ l 93; ~ --1 ~; ~ ~ ~C ~ ~r ~• . , ~ ~ ` . w ,~'. ATTORNEY FOR Pt..P:tl~J'i~?~r~ COURT OP COMMON }~i..l,t~ ~~ CIVIL DIVISION TERM NO. ~ d ~ ~~ 3 s C :,n~ CUMBERLAND COUNTY We hereby certify the within to be a true and correct copy of the original filed of record NOTICE You have been sued in Court, If you with t~ defend against the claims set forth ir, ~h•.. following pages, you must take action within twenty (20) days after this Complaint and Noy icc are served by entering a written appearance personally or by attorney and ftling in writing; ~~+ i t i t the Court your defenses or objections to the claims set forth against you. You are warn..: ~,~::. . . you fail to do so, the case may proceed without you, and a judgment may be entered again:;i ::~u~: by the Court without further notice for any money claimed in the Complaint or for any o t:hc~ claim or relief requested by the plaintiff. You may lose money or property or other rigl-~tx important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ih' 'r (?~ ~ ?:;i,: NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FOR"!'H 131?.i~\~'. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A (.-~~+!`~.'!"~:!%. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY ril ri B i TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA1' OT' ~~ 1•: R LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO F'E13. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 232855 1. Plaintiff is BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendants} are: KATHLEEN R. GELiNAS-RICE 212 EAST 11TH AVENUE # 1 BROOKLYN, MD 21225-3044 who is/are the mortgagor{s) and/or real owner(s) of the property hereinafter descri.bcr_`•. 3. On 02/29/2008 mortgagor(s) made, executed and delivered a mortgage upon the t ,~:.:;;;:~.;~ hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYS 1'I :;~~1 ~;. INCORPORATED AS A NOMINEE FOR SECURITY ATLANTIC MORT'tT.~.G i COMPANY INC. which mortgage is recorded in the Office of the Recorder ~i' CUMBERLAND County, in Mortgage Instrument No. 200807015. The PLAT.\"f r-?' :~: now the legal owner of the mortgage and is in the process of formalizing an assi ~r.~nen ~ of same. The mortgage and assignment(s), if any, are matters of public recar{i a.r~~. ,.,~:; incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rulc: relieves the Plaintiff from its obligations to attach documents to pleadings if'r)ios~_ documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest utr~;~ :~.<~ic; mortgage due 11/0I/2009 and each month thereafter are due and unpaid, and by tr~r: ~r;-,1~s of said mortgage, upon failure of mortgagor to make such payments after a date sped a4.a by written notice sent to Mortgagor, the entire principal balance and all inters: st d~:: thereon are collectible forthwith. Flle ~: 232855 6. The following amounts are due on the mortgage: Principal Balance $178,919.35 Interest $4,830.81 10/OI/2009 through 03/11/2010 {Per Diem $29.8198) Attorney's Fees $650.00 Cumulative Late Charges $259.90 02/29/2008 to 03/I 1/2010 Costs of Suit and Title Search ~55~"OQ Subtotal $185,210.06 Escrow Credit ($35.16) Deficit $0.00 Subtotal ~-5~ TOTAL $185,174.90 7. Plaintiff is not seeking a judgment of personal liability (or an in p~rsc,nam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right tc b~•i~:L:; :: separate Action to establish that right, if such right exists. If Defendant(s) has/ha~•e received a discharge of personal liability in a bankruptcy proceeding, this Elctic~::;~ Mortgage Foreclosure is in no way an attempt to reestablish such personal liabil;4:~, discharged in bankruptcy, but only to foreclose the mortgage and sell the moxtg~r~;~:;~ premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Hoxnc:o~v~..:;~':: Emergency Assistance Program pursuant to Act 91 of 1983, as amended ir. 1998. a~7(+.:';;~ Notice of Default as required by the mortgage document, as applicable, have beer, s~~~~~. i-, the Defendant(s) on the date(s) set forth thereon, and the temporary stay as pxo~~ici~,, ~;~~- said notice has terminated because Defendant(s) has/have failed to meet with tie Plair;ti~{' or an authorized consumer credit counseling agency, or has/have been denied itSSisi.Brc;c~ by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is Pl-l~'~-r;~;r~,.~. File N: 232855 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the su~~? ;:~ $185,174.90, together with interest from 03/1 i/2010 at the rate of $29.8198 per diem to tip:: ~;;i;~ of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. P ELAN HALLINAN & SCHMIEG, LLP By: ^ L nce T. Phelan, q., Id. No. 32227 ^ F cis 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. S874S ~heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87477 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivelc 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. ;~4~~:';i ^ Joshua I. Goldman, Esq., Id. No, 20504 7 ^ Courtenay R Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 2083'i `~: Attorneys for Plaintiff File p: 232855 LEGAL I)ESCR~PTION All that certain tract of land situate in Middlesex Township, Cumberland County, Peltilsyi ~ :;::;:... bounded and described as follows; Beginning at a point in the center of the public road leading from the Carlisle-Harrisbur<~ Turnpike to the Poor House Road; thence by the center of said road, South 23 degrees l:;zsl :'= feet to a point; thence by land now of formerly of Donald E. Grell and wife, South 44 ;ia~3~e :~ ;a~:; minutes West 125.4 feet, more or less, to a stake; thence by the same and along an old fc.ncc );;,c. South 75 degrees 10 minutes West 66 feet to an old post; thence by the same and 3 feet, ;m~~:~~ :,,~~ less, Eastwardly from an existing fence line, North 26 degrees 50 minutes West 91 feet t!ti :~ stake; thence by the same and continuing 3 feet, more or less, Eastwardly from an existi.,~ E ~•r,c-.. line, North 26 degrees 20 minutes West 66 feet to a stake; thence by land of the same a~u7 aic~.~~~~.~. an old fence line, North 65 degrees 25 minutes East 191.5 feet, more or less, to the p; a:: beginning. THE improvements thereon being known as 40 Harmony Hatl Drive, Carlisle. Ef~ a i~~t ~,. Tax ID# 21-19-1637-021 File 8: 232855 EXHIBIT D . ~ ~: ... , . ... y Kathleen Geiinas-flies Aprif 20, 2010 4~ ..Qny M,~I~,~.ri~re' ~ ~, '~ sari si fe, PA 1`118 y~y-- "'V ~1 LUF, 7'~ Office of the Prothonotary t` N Cumberland County Courthouse ~: ~ ~.,{ 1 Courthouse Square ~. ~ ~~, Carlisle, PA 17013 ~~.~~ ~~, ` ,' ~? ! ~ w Re: No. 10-1836 Civic 1 "~ To Whom it May Concern: immediately upon receipt of the attached document from the Cumberland County Court, {contacted Bank of Amerioa. My mortgage with them is currently "under review" and is being considered for a home retention program sponsored by HUD for FHA loans Deiced a "partial claim." .~.~. ~:,The,l"aw~i;irm of~E~Faetar}, Halfinan, and Schmieg, I.LP at One Penn Center Plaza, Philadelphia, PA 19103, has been notified by Bank of America that my mortgage is currently under review. As long as I am being considerEd for a Bank of America home retention plan, It was explained to me, by Bank of America on the phone this morning, that foreclosure proceedings will not go forth. Please consider this document to be my response within the required ten days from the April 113th, 2010, data of the court document. Sincerely, Kath4een Geiinas-Rice (410 360.2005 d s a.. i~ 8AC tIOME LOANS SERVICING, L,P. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff ......: v...:,,.uu ..•;::~ u; .:~:.~:,,r :ti.,,., ~... NO• IO;fS~S CIVIL KATXiI,FEN R. aFI.INAS-RICE CUMBERLANp COUNTY Dofendant(s) TO; KATHLEEN R. GELINAS-RICE 40 HARMONY HALL DRIVE CARL]SLE, PA 17015-8469 DA'Z'E OF NOTICE; Apra] 16, 20E0 THIS FIRM I9 A DEBT C,'OLLECI'OR ATTEMPTING TO COLLECT A DEB'!'. THIS NOTICE lS 58TlT 7'O YOU IN AN ATTEMPT 1~ COLLECT TH1r INDEBTEDNESS REFBRREb TO HER1riN, AND ANY INFORMATION OBTAJNED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARQf3 IN BANKRUPTCY, TH)5 CORRE9P{JNDENCE 15 NOT AND SHOULD NOT HE CONSTRUED TQ $B AN ATI;IMPT<1"Q,CQ.I~EEC]' A DENT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST IA~iPURTA,~;~NOTfiGF YOU ARE M DEFAULT BECAUSE YOU t{AVE FAILED TO ENTER A WR]TTEN APPERANCE PGR5pN,1LLY OR BY ATTOI~]yEy, AND FILi~ IN W>RITRVp WITF~ 1'HE COURT YOUR bEFENStr$ OR OHJECTIOIVS TO THE CLAIMS SET FORT~I AGAINST YOU, UNLESS YOU AGT WlT~IIN TEN DAYS FROM THE DATE OF TFItS NOTICE, A ~UDGMtrNT MAY BE ENTP.RED AGA]NS'1' YOU Wt']'I{OUT A HEARING AND YUU MAY LU51r YQUR PROPERTY OR OTHER INIPt7RTANT RIGHTS. YUU SfIQULD 'FAKE '1'I]iS PAPER TO YOUR LAWYER AT ONCE. IF YOU DU NOT HAVE A LAcWYLR, QO TO UR TELEPHONE '1"HE OFFICE' S1:'.T FORTH $ELO~/. TH15 OFFICE .CAN PROVIDE YnU WJ'I'T~! INFORMATION ABOliT HIRING A LAWYF;R. fF YOU CANNOT AFFORD 'I'U HIRE A I.AWY}~.R, '1't-11S UFFICIr MAY fiF; A1;1.F, •f~p PRUYfDL: 1~'UU W]'I"tl li`t]`gRMA'fIUN ASUt1'I .1UI:NC11sti'I'll/1T 11dAYrQEFE•:R l,t;(ir\t. tilaZVEC'!?S a:c3•Ifl~.ft;rai.k~ I'I~R~iItJNS"'~ti'T:~ RCOUCk?t) Ft;L•'t)R Nt) FI:F:. . NIIS :. _338<a It+:ab' Otrce ut'thr Prvthonota +' ~'Y CUMBERLAND COUNTY t3AR C:umhcrland Caunry Courthouse ASSOCIATION 1 Courthousc Square CUMBERLAND COUNTY CUUR'THOUSE • 'Carlisle, PA 17013 2 L[$ERTY AVENUIr (7t7) ia0-6193 CARLISLF„ PA 17013 (7 r 7) 2d9-3 ! Gb t ... l ay: i, n e T, Phelan, Es ., ld. Na. 33227 Fr cis 5, Nallinan, Esq., Id. No. 62695 D e) O. Schmieg. F.sq., !d, No. 62205 ~' ''` Mi e!e M. [3radford, Esq. 1d. No. 69849 ,. , ; .' ~::~ n:r' = ' ,".•,~ ^ "'".. Judith T. Romano. Esq., Id. No, 58748 5hcetal R. Shah-Jani, Esq., Id.'No. 81?,~b Jenine R. Davey, Esq., Id. No. 8707 Lauron R.'1'abas, Esq., id. Nn. 93337 Vlvvk Srivastava, Esq., Id. Nv. 202331 Jay B. Jones, Esq,. fd. No, 86637 Petcr J. Mulcahy. Esq., ld, No. 6 i 74 t Andrew L, Spivack, Esq., Id. No. 84439 Jaime McGuinness, lsq,, [d. No, 90134 Chrisovalante P, Flialto5, Esq., Id, No, 94620 Joshu$ t. Goldman, Bsq., Id. No. 205047 Couttenay R, Dunn,l3sq., Id, No. 206?79 Andrew C. Bramblett,l~sq., td. No, 208375 Phelan Hellinan & Schmieg, I.LP l b 17 JFK Boulevard, Sutto 1400 One Penn Center Plaza . Philadelphia, PA !9103 ~~` EXHIBIT E BankofAmerica '~ Homy Loans p0 Box 9046 Temecula, CA 92669-9046 Send Paymsnta To: PO Box 880804 Dallas, TX 75255-0694 Send Cor'Iespondence to: PO Box 5170, MS 3V314B Slmi Valley, CA 93085 I~RESORT I First-Clew Mail U.S. Postage and Fees Pald W SO 7113 8257 1473 9045 5134 2otppt to-7 BLOPA7 Kathleen R Gelinas-Rice 40 HARMONY HALL DR CARLISLE, PA 17015-8469 1223-v4 BankofAmerica '~.~ dome Loans P.O. Box 880894 Send Payments to: Dallas, TX 75286-0894 P.O. Box 880894 DaNas, TX 75268-0894 January 14, 2010 Certified Mail 7113 8257 1473 945 5134 • Return Receipt Requested Kathleen RGelinas-Rice Account No. 40 HARMONY HALL DR CARLISLE, PA 17015-8469 Property Address: 40 Harmony Hall Drive Carlisle, PA FHANA Case #: 4418193388703 NOTICE OF INTENTION TO FORECLOSE BAC Home Loans Servicing, LP (hereinafter 'BAC Home Loans Servicing, LP') services the home loan described above on behalf of the holder of the promissory note (the "Noteholder"). The home loan is In serious default becaus;c tho required payments have not been made. The total amount now required to reinstate the loan as of the date of this letter i:: rr ,follows: Monthly Charges: 11/01/2009 $1,299.61 12/01 /2009 $2,754.84 Late Charges: 11/01/2009 $51.98 12!01 /2009 $55.10 Other Charges: Uncollected Late Charges: $51.98 Uncollected Costs: $15.00 Partial Payment Balance: ($181.77) TOTAL DUE: 34,046.74 You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter. To cure the default, BAC: Home Loans Servicing, LP must receive the amount of $4,046.74, plus any additional monthly payments, late charges, ftrHS and other applicable charges which may fall due during this period. Such payment must be in the form of certified check. cashier's check or money order, and made payable to BAC Home Loans Servicing, LP at P.O. Box 660694, Dallas, TX 75266-0694. If any check (or other payment) is returned to us for insufficient funds or for any other reason, "good funds" will not haver t>rrHn received and the default will not have been cured. No eMension of time to cure will be granted due to a returned payment. If this default Is not cured within THIRTYfIVE (35) DAY8, the mortgage payments will be accelerated. This rr,c:ans whatever is owing on the original amount borrowed will be considered due Immediately and you may lose the chance to have the original mortgage paid off in monthly installments. If the full payment of the amount of default is not made within THIRTY-FIVE (35) DAYS, we also intend to immediately start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be solo by the Sheriff to pay off the mortgage debt. II the default is cured before we begin legal proceedings against the collateral Involved, BAC Home Loans Servicing, LP and the: Noteholder will be entitled to collect the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started the reasonable attomey's fees will have to be paid even if they are over $50.00. Any attorney's fees will be added to whatever is owed to us, which may also Include our reasonable costs. If this default is cured within the Thirty-flue (35) day period, the attorney's fees will not be required to be paid. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO A8SERT IN THE FORECLOBURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLO8URE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If tt,r~ default has not been cured within the Thitty~ive (35) day period and foreclosure proceedings have begun, you still have fha right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. To do so, the total duo, as well as all reasonable attomey's fees and costs Incurred in connection with the foreclosure sale (and any other requirerTrfrrrts under the mortgage) must be performed. Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon s,rlci conduct an Inspection of your property. The purposes of such an inspection are to (I) observe the physical condition of your property, (ii) verify that the property is occupied andlor (iii) determine the identity of the occupant. If you do not cure the defailit Frt'ior to the BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A Payment IratNCtlotq: Make your ct»rk Payads to BAC Home Loaro Servicing, LP • Don't tend each • Please IncWde coupon with your payment Please write your aaant number on au chedca and coneapondence, We may charge you a lee for arty payment roturned or rejected by your fatandal ine4lulon, subjad to eppGOade law. r>t ()rA~ ;5338170783 0&032008 Account Number:! Balance Due for charges listed above: 34,046.74 as of January 14, 2010. Kathleen RGelinas-Rice 40 Harmony Hall Drive Carlisle, PA sldasamr aLC)PA~ ~~'O~°' For all full morM paymers penotla, interval is calculaferl on a momhly basis Accordngy, interact br aY ful months. Including February, k plculaled ac 30!380 of annual Interest, invapoGltve of the actual rumber d Jaya in the month. For partial mantis, irseroat Ia celalaled daily on the basis d a 3e5 my yea. ,Ydd'YaW III"'Illul~rr~llllll~lll'Illrllllllllnrrlnllrl'nlrtlllnll eo°`" BAC Homo Loans Sorvleinp, LP PO BOX 880894 °~ Delles, TX 75288-0894 7wa 183191098700000404674000404674 t: 5869900 58~: L8 3 19 i09811^ inspection, other actions to protect the mortgagee's interest In the property (including, but not limited to, winterii;tticxt, securing the property, and valuation services) may be taken. The costs of the above-described inspections and propeHy preservation efforts will be charged to your account as provided in your security Instrument. It Is estimated that the earliest date that such a foreclosure sale could be held would be approximately six (8) months from the date of this letter. A notice of the date of the foreclosure sale will be seM to you before the sale. You may find nut at any time exactly what the required payment will be by calling us at the folfowing number. 1-888-872-6514. This payment must be in the form of cashier's check, certified check or money order and made payable to us at the address stated above. If this default is cured, the mortgage wilt be restored to the same position as If no default had occurred. However, the default mtty not be cured more than three (3) times in any calendar year. You should realize that a foreclosure sale will end your ownership of the mortgaged property and your right tct rrtrnain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you thrcttrc)tt F3AC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance thrn!tc)rt RAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up frctni. tit least 'r4 of the amount necessary to bring the accourrt currant, and that the balance of the overdue amount be t>:iicf, along with the regular monthly payment, over a defined period of time. Other repayment plans also are availat>Ict. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a rrtc>cfitication of the loan by reducing the Interest rate and then adding the delinquent payments to the current lodr, trilance, This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property: Or, ff you are willing to sell your home In order to avoid foreclosure, it is possible that the sale of your home can be approved through BAC Home Loans Servicing, LP even if your home is worth less than what is owed on K. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is duct to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly tct Itte Noteholder and avold•the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, yctu rrtust contact us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of Its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current ctr Ict enter Into a written agreement by February 18, 2010 as outlined above will result in the acceleration of your debt. Time is of the essence. Should you have any questions concerning this notice, please contact Loan Gctt.rl!•;ftlirtg Center immediately at 1-888-872-6514. BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A How tlv post your paymsnb: All accepted payments d prlrtcipel and interest will be applied to dte bngest outstandiry; installment due, unless oCterwise •xpresaly prWri!>ited w limned by law. K you submit an amuum in additbn to your scheduled rtlorttftly arrxwnt, we will apply your payments as /ollows: li) to outstanding monthly peymems d prhdpal nrtd Interest, (ii) escrow deflGenGes, (111) late chnrgns and other amounts you owe in connection wish ynur loan and (iv) b reduce the outstanding ;xincirvil balance d your ben. Please specify it yvnr want an additional amount applied to future ;xiyments, rather than prinapal reduction. Postdated chaste: N~rsnatad checks will be processed m the data received unless a ban counselor agrees to Iwnrx the date wriaen on the check as a wrxl'Rfon of u rc;xryment plan. 2. Article Number~w .. ~~ ?113'8257 b47: J ~ 3, Service Type CERi1FIED A9AiL H 4. Restricted Delivery? (Ex-ra Fee) N 1. A~cle Addressed to. 0. N r. ~'' ~~ ~ .. . ' AeCeivBd by (Pleas '~ '~t'~Isa }~~ ,, ;~ ~~~ ~ ti~ C. Signs /'~ . ~ ~ _ I / ~'. ~ . ~' . ~~~ s del'nrery address efferent from item ~? f YE$, enter d~YerY address below; Kathl¢e~ R Gels~as-Po'ce 'x 40 HARMONY HALL DR CARLISLE, PA 1701SA469" ,• , Y ~ ~ ~ `' 4 {~~ ~ -k-'..._~. ~ -~ ran. _- - __ ___~ - :. . 011141~~10 ~,,. ~~13 8257 ~~473 , gay S 513y -? ~~ ~~; ;~ ~ ' PS F~~m 3~11,'Jar~t~ary X405 _ ~„ . ~ ' ~~;~~,. UNITED -, ,~ .~t~~ ~, ;~-. .~ `,~`~t .~ L .~ r. ,~,q, w~ ~•... ~w '' ~ .~~ Bank of America PO Boz 9048 Temecula, Cp 92569.9048 .~ 'ES PGSTA~ ~ERVIGE ~~i~M• ~I~.p~~+•~ ~.Nv.~r~lw~rF ~~. .u~-N ~ y .~r r ~, . ~~~ ~•~~ ~' ~'~ ~,{~ , BankofAmerica '~' NorneLosns PO Box 9048 Temecula, CA 92588-8048 Send Peymenta To: PO Box 880884 Dallas. TX 76266-0694 Send Correspondence to: PO Box 5170, MS SV3148 Siml Valley, CA 83085 uniiiiiiiuifliiiiuii~iiiiioiuui~ ,.~, ..., .~., ,o.. ,.30 7010D114~7 BL~PA2 Kathleen R Gelinas-Rice 212E11THAVE#1 BROOKLYN, MD 21225-3044 PRESORT I first-Class Mail U.S. Postage and Fees Paid WSO 1223-v4 '^9 ~ BankofAmerica '~' Ifome Loans P.O. Box 880894 Dallas, TX 75266-0894 Send Payments to: P.O. Box 8806G4 Dallas, 77C 75288-0!394 January 14, 2010 Certified Mail 7113 8257 1473 9045 553^ Return Receipt Reeuested Kathleen RGelinas-Rice 212E 11THAVE#1 BROOKLYN, MD 21225-3044 AccoutM No.:71/~_~r Property Address: 40 Harmony Hall Drive Carlisle, PA FHA/VA Case #: 4418193388703 NOTICE OF INTENTION TO FORECLOSE BAC Home Loans Servicing, LP (hereinafter 'BAC Home Loans Servlcing, LP') services the home loan described above on behalf of the holder of the promissory note (the "Noteholder"). The home loan is in serious default because the required payments have not been made. The total amount now required to reinstate the loan as of the date of this letter i as follows: Monthly Chargt~ 11/01/2009 $1.299.61 12/01/2009 $2.754.84 Late Charges: 11/01/2009 $51.98 12/01/2009 $55.10 Other Charges: Uncollected Late Charges: $51.98 Uncollected Costs: $15.00 Partial Payment Balance: ($181.77) TOTAL DUE: 54,046.74 You may cure this default within THIRTY-FIVE (35) DAYS of the date of this letter. To cure the default, BAC; Home Loans Servicing, LP must receive the amount of $4,048.74, plus any additional monthly payments, late charges, frtfls and other applicable charges which may fall due during this period. Such payment must be in the form of certified check, c:asttier's check or money order, and made payable to BAC Home Loans Servlcing, LP at P.O. Box 660694, Dallas, TX 75266-0694. If any check (or other payment) is returned to us for insufficient funds or for any other reason, "good funds" will not have t>tsen received and the default will not have been cured. No extension of time to cure will be granted due to a retumed payment. If this default is not cured within THIRTY~IVE (35) DAYS, the mortgage payments will be accelerated. Th(s means whatever is owing on the original amount ban'owed will be considered due immediately and you may lose the chance to have the original mortgage paid off in monthly installments. If the full payment of the amount of default is not made within THIRTY-FIVE (35} DAYS, we also Intend to immediately start a lawsuft to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. II rite default is cured before we begin legal proceedings against the collateral involved, BAC Home Loans Servicing, LP and tits: Nclfoholder will be entitled to collect the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceecjirlc3:; are started the reasonable attomey's fees will have to be paid even ff they are over $50.00. Any attorney's fees will be added to whatever is owed to us, which may also Include our reasonable costs. If this default is cured within the Thirty-five (35) day period, the attorney's fees will not be required to be paid. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If tltt3 default has not been cured within the Thirty five (35) day period and foreclosure proceedings have begun, you still have ti,cl right to cure the default and prevent the sale at any time up to one hour before the foreclosure sale. To do so, the total due, as well as all reasonable attorney's fees and costs incurred in connection with the foreclosure sale (and any other requirerrtrartfs under the mortgage) must be performed. Your loan Is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon t3rtd wnduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of yclur property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the BAC Hame Loans Servicing, LP is a wbsidlary of Bank of America, N.A. Please wnte your accaxtt number on al d,edcs and correspondence. We mey otwrga you a fee for any payment returned or rejected by your fnandal inatituYOn, subject to applirade law. litai'A:: H333110793 O6l03P.006 Payment Irstttuetlone: Account Number:*i Balance Due br charges ksted above: 34,046.7. as of January 14, 2010. Kathleen RGelinas-Rice Make your chew payable l0 BAC ll D 40 H H i Mome Loans servicing, LP armony a r ve • Dan'tsandcash Carlisle, PA ydyay • Please irtGude coupon with your ~ Payment BLoPA2 ~^'~~ For all full momh paymere pedotls, inbreal .fO6bWtY is caleulafed on a mouthy bags ll~llr~,~l~lr,I~rl ®ORi~ II, I,r~I' III„ Il rrl~~l'111 1,1 11r l ,III Accordingly, interost for aN fuN mon1M, I I l 11 i l l II irruu6rq FeWuary, is oatculatad as BAC Homo Loaner Sorvieinp, LP C/ 'r 30960 of a,nual interest, ineapscYVS of rec PO BOX 860894 r r y the actual nxnber of days in the month. For partial morphs, irsareet is oala/ated p y Dellae, TX 75268-0894 daily on the basis o(a 365 day yex. 183191098700000404674000404674 1:5869900 58~: L8 3 i9 LO9811^ inspection, other actions to protect the mortgagee's Interest in the property (including, but not Ilmited to, wlnterii:rliort, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. It is estimated that the earliest date that such a foreclosure sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the foreclosure sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at the following number. 1-888-872-6514. This payment must be in the form of cashier's check, certified check or money order and made payable to us at the address stated above. if this default is cured, the mortgage will be restored to the same position as if no default had occurred. However, the default m:ty not be cured more than three (3) times In any calendar year. You should realize that a foreclosure sale will and your ownership of the mortgaged property and your right tc~ irtrrtain in it. If you continue to live in the property after the Sheriff's sale, a lawsuft could be started to evict you. BAC Home Loans Servicing, LP wants you to be aware of various options that may be available to you throuc)it RAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: • Repayment Plan: It is possible that you may be eligible for some form of payment assistance throtx3rt RAC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Serving, LP receive, up from, at least 'rfi of the amount necessary to bring the account current, and that the balance of the overdue amount be f~aici, along with the regular monthly payment, over a defined period of time. Other repayment plans also are availat~lrt. • Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a rtt~c7ilic;ation of the loan by reducing the Interest rate and then adding the delinquent payments to the current loar, valance. This foreclosure alternative, however, Is limited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home In order to avoid foreclosure, It is po::sible that the sale of your home can be approved through BAC Home Loans Servicing, LP even If your home Is worth less than what is owed on tt. • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is cit:t: to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly f<~ area Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, yc>t: must contact us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime, BAC Home Loans Servicing, LP will pursue all of its rights and remedies t,rtcier the loan documents and as permitted by law, unless lt agrees otherwise in writing. Failure to bring your loan current c>r tct enter into a written agreement by February 18, 201 O as outlined above will result in the acceleration of your debt. Time is of the essence. Should you have any questions concerning this notice, please contact Loan Couri:;rlirtg Center immediately at 1-888-872-6514. BAC Home Loans Servicing, LP 1s a subsidiary of Bank of America, N.A. Flow we post your paymanb: All accepted payments d prlnGpel and interest NAy be applied to the bngest outstandinf7 installment due, unless otherwise expressly prohibited or Ilmited ay law. If you submR en amount in addition to your schetluletl monthly amnnt, wa will apply your payments as folbws: (i) to outstanding monthly payments d prlndpal and interest, (li) escrow tlefidendes, (Iii) late chnmos end other amounts you owe in connection ~:iih ycwr Ivan and (iv) ro reduce the oulstandinp ;vinripal balance d your loan. Please spedfy ii yaxr,wanl an additional amount applied to fulum ;x+yments, tether than principal raductbn. Postdated checks: I~nsu:ated CheCk9 will be processed an the date received unless a ban counselor agrees m honor the date written an the check as a corWition d n rt:;xryment plan. !~ UIIII INAIV ICI ICI I~ 7113 8257 1473 9045 J. Q 3. Ssnixige, CERiIflEUY11L W, d. Pnl~~etlDefrvary? (Eslre Feel N 1. PNOIeAGEre'ssadmi . a N n 3. A K~hleeo R Geli~asRice r 212E11THAVE#1 a BRi00K~YN, MD 21225.3044 learly} :; 9:' Gate o1 Delivery ' ,. .~ x` L ~• i'' :.. l~ •~1 h~ ~~ " bdrirA~saa ~~ -._ Is delivery addre~ di~er~tf from item 1? , '~ ~ `Yes If YES, enter delivery address below. i. ` ' ~, , ~o .I ~ „. ~I ~, ~, . ,~ ;: ~. , ,Y~ ~ ,{ ~• ~• , ~, f~ ~ ~~ ~~~ ~+ t)11~4l~1t7 r ~,,.r '~ ' ~~13 ~2~~ ~~~3 9D~S ~~3~-7 ~ ~~ • ,~~ I , ~, .,.~."~,~, ~r~r.~r v-••'~ YID ~~ rirr r~ PS Fom~~8~1; January 2Q~5 ~ Dom~trc.R~tum Rec~ip-1", • , , ~~`'" .~ .... r -- U~ITEQ STATES pQSTAI ~ERVI~E ~ ,~ r , ., 4 ~ ~ ~~ ~~ ~ ~ O . ~. ~ ~~[}1~~j ~t s ~ 'Sr ~IV~ry~4 ~~~', Ti fi1~~wL11~~ ~ ,1 ~ ~ m i~• ;~ , , .~ ~ ~ ~ '~ a ~.~, .~ 4~ IIIIII1111111111 I ~~ I,,, ~,~1~ I I i ~~ ~ k ~~ Am ~~I~~ ~~ ~~X ~~~~ ~~1~ CIJ~~ ~ ~ ~~ ~$~ ~ ~~$ 161,,,~1~6L61~~666~66~II.,~,I,~ILJ~~L,IId„6JI .i •C ; ' ~~ ~~ ~. ~~;~ ~p ~ ~~~ ~ t ,~~. ~Cmlt t~.~1_a~ ~ J ~~i........~~: ~ . ~~ ~~~~:: EXHIBIT F ~ ! 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Q Q W cMa rni CL , ~ (V ~ 3 ~ i '~ K N Q '~ ~ ~ ~ v cd Qp lLm = r ~ } Q mo Z a ~ °o ° . o O o , ~ N Z T ~ ~ ~ . ~ Q J ozo~ U d ~ oo O CNl O M ~ W Of O ~ C W ' I m ~ ro ~ c ~i ro ~ ~ O7 pp N N a O N O C n n O O T o ~ ro N ~ O O I T O p O ;a ~ ;a a a '-pp O N U ~ ~ ~ Q _ ~ Q ep U . , ~ ~ ~ ~ ~ LL LL ~ ~ Z C a O ~ g~ `~ ~~~' =gy ~~,~o _o ~ m co `~' o eCp QCnQ c`V t ~ F-- m o 0 EXHIBIT G COLLECTION'S NOTES GELINAS-RICE ~` Date Time Documentation Detail 7/14/2010 15.25.16 snt decline ltr...trk#793727917013. HMSAVR»> Kenneth Jackson / Ext: 513-2706 7/14/2010 11.47.10 Workout Status Changed to Cnl -Borrower declined Assistance. Workout Type Partial Claim. HMSAVR»> Kenneth Jackson / Ext: 513-2706 7/14/2010 11.47.09 **CANCEL REVIEW** H/O CALLED BANK OF AMERICA AND STATED THAT THEY WERE NO LONGER WANTING; TO COMPLETE A PARTIAL CLAIM. SHE LOOKING TO CUT OR LOWER HER PYMT. HMSAVR»> Kenneth Jackson / Ext: 513-2706 7/14/2010 11.47.08 Ms Rice cld, she refuses the PC, she wanting to cut or lower her pymt. HMSAVR»> Kenneth Jackson / Ext: 513-2706 7/13/2010 05.29.59 snt no contact. ltr,,,trk#798843129391. HMSAVR»> Kenneth Jackson / Ext: 513-2706 7/12/2010 11.47.26 *** NO PHONE FOR H/O, WILL SNT NO CONTACT LTR..... .NEED THE FOLLOWING INFO FAX TO 972/498-5940.. 1. MAY & JUNE Bank Statements 2. MAY & JUNE Paystubs 3. 2 Years Tax Returns or W2's 4. Current Gas,Ele c or Water Bill(Most RECENT) 5. RFD Letter SIGNED& DATED Adv must be recvd w/in 48 business hrs of contact. HMSAVR»> Kenneth Jackson /Ext. 513-2706 6/19/2010 08.24.40 Workout Assignee Changed to Kenneth Jackson / Ext: 513-2706. Workout Type Partial Claim. HMSAVR»> Vivian England / Ext: 513-9999 6/1/2010 08.54.18 NO NUMBERS AVAILABLE TO CALL H/O NEED LAST'1'WO MONTHS OF BANK STATEMENTS HMSAVR»> Tonita Kelley / Ext: 513-9769 5/5/2010 19.35.32 Financial request package was shipped via Fed-Ex on 4/3/10. All requested information is needed by 4/13/10. If the homeowner has questions on what is needed, please have them call 1-877-767-0670 for clarification. Outgoing Fed-Ex # 448392102180; Incoming Fed-Ex # 448392102191 Please advise homeowner assistance will be declined if requested items are not returned by 4/18/2010. ***Pool 8132*** HMSAVR»> Rashmi Sawant / Ext: 596-9999 4/2/2010 14.58.26 Workout Assignee Changed to Sonya Smith / Ext: S 13 -9105. Workout Type Partial Claim. HMSAVR»> FRANCIS OBERA / Ext: 513-2903 3/23/2010 22.29.20 Workout Assignee Changed to Holly Fomby / Ext: S 13 -5261. Workout Type Partial Claim. HMSAVR»> Rashmi Sawant / Ext: 596-9999 3/23/2010 08.30.58 Workout Assignee Changed to PENDING FHAIVA ASSIGN / Ext: 596-4330. Workout Type Partial Claim. HMSAVR»> Kathryn Shuffield / Ext: S 13-2031 3/23/2010 08.30.57 Workout Status Changed to Active. Workout Type Partial Claim. HMSAVR»> Kathryn Shuffield / Ext: S 13-2031 3/23/2010 08.08.0.1 «<»> No previous Partial Claim HMSAVR»> Kathryn Shuffield / Ext: 513-2031 1/2S/2010 23.10.26 Credit Reporting: = 90 DAYS PAST DUE VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 9 Date Jose P chalk, Esquire Attor ev or Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (21S)563-7000 BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Kathleen R. Gelinas-Rice 212 East 11th Avenue #1 Brooklyn, MD 21225-3044 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-1835 Civil CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Praecipe for Argument, and attached exhibits were sent via first class mail to the person on the date listed below: Kathleen R. Gelinas-Rice, Pro Se 40 Harmony Hall Drive Carlisle, PA 17015 Date: `~ Kathleen R. Gelinas-Rice, Pro Se 212 East 11th Avenue # 1 Brooklvn,MD 21225-3044 By: ose h P~Schall~~Esquire Ott ev for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Kathleen R. Gelinas-Rice 212 East 11th Avenue #1 Brooklyn, MD 21225-3044 Defendant AND NOW, this ORDER Court of Common Pleas Civil Division Cumberland County No. 10-1835 Civil day of , 2010 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Kathleen R. Gelinas-Rice, for $185,174.90 plus interest from March 11, 2010 at the rate of $29.8198 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: J. CA PRAECII'E FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) BAC Home Loans Servicing, L.P. 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. Kathleen R. Gelinas-Rice 212 East 11th Avenue # 1 Brooklyn, MD 21225-3044 Defendant No. 10-1835 Civil ^' ~ ~ -~, -;.., = _._ c. --i ... __.. ,_ -. rv - ~~~ . r.;. . _ ,y c. .: n:: , ~, , :.~ 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Kathleen R. Gelinas-Rice, Pro Se Address: 40 Harmony Hall Drive Carlisle, PA 17015 3 4. I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: ~l~S f ($~ Zn I ~' Date: ~(c~ BAC Home Loans Servicing, L.P. Plaintiff V. Kathleen R. Gelinas-Rice, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1835 CIVIL ACTION rv PRAECIPE TO ENTER APPEARANCE 24 TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Kathleen R. Gelinas ice-m th*,, above captioned matter. Date: August 16, 2010 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant r PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 Attorney for Plaintiff -,-, to COURT OF COMMON P t , f -S--a CIVIL DIVISION V. Plaintiff KATHLEEN R. GELINAS-RICE 212 EAST 11TH AVENUE #1 BROOKLYN, MD 21225-3044 Defendant TERM NO. 10-1835 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Complaint Verification executed by Michael R. Smith, Foreclosure Tech of BAC Home Loans Servicing, L.P., servicing agent for Plainti Il' in this matter, for the verification executed by Jenine R. Davey, Esquire, in connection with the above referenced Action. DATE: 'L U -Y) f - `By: Sheetal R. Sh i, Esquirc Attorney for Plaintiff PHS# 232855 f PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BAC HOME LOANS SERVICING, L.P. 7105 CORPORATE DRIVE PLANO, TX 75024 CIVIL DIVISION V. Plaintiff Attorney for Plaintiff COURT OF COMMON P L E A S TERM KATHLEEN R. GELINAS-RICE NO. 10-1835 212 EAST 11' AVENUE #1 BROOKLYN, MD 21225-3044 CUMBERLAND COUNTY Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Praccipe to Substitute Verification was served by regular mail on the following party on the date listed below: Kathleen R. Gelinas-Rice 212 East l ln, Avenue #1 Brooklyn, MD 21225-3044 DATE: ?'11?10 By: J Sheetal R. Shah- 1, Esquire Attorney for Plaintiff PHS# 232855 VERIFICATION hereby states that he/she is ??WKv?ct 74 of 13AC Home Loans Servicing, L.P., servicing agent for Plaintiff in this matter, BAC Horne Loans Servicing, L.P., that he/she is authorized to take this Verification, and verify that'i the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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 falsification to authorities. DATE:,?G a?lG File #: 232855 ame: Title: f ?oSc,R C 7?c ?, Servicer: BAC Home Loans Servicing, L.P. Name: Kathleen R. Gelinas-Rice Office of the Prothonotary Cumberland County David D. Buell Prothonotary Kathleen R. Gelinas-Rice 40 Harmony Hall Drive Carlisle, PA 17015 DATE: July 29, 2010 TO Ms. Gelinas-Rice: THIS IS TO NOTIFY YOU THAT CASE NUMBER 10-1835 BAC Home Loans Servicing, L.P. VS. Kathleen R. Gelinas-Rice HAS BEEN LISTED FOR ARGUMENT ON Ausust 18, 2010 Cumberland County Aruum[~nt f hurt B^iloc 102Stfnl DAVID D. BUELL ~ Prothonotary ~ Cumberland County suite 100 ~O ,l g35 „~ ',"_~-~-' ' 0 2 1 A S ~ ~. r ,~ {, ; ~ ; , <_, 0004631598 AU( 1 Courthouse Square ~'~ MAILED FRC1M ZIPCC Carlisle, PA 17013 ~ ~ , ~ , , , oZOlO ~lr ~ ~yj 10 ; ~° ,., ;,;, r. ~,,, ~;: Kathleen R. Gelinas-Rice . 40 Harmony Hall Drive Carlisle, PA X 3715 NFE 1 1SO~flt dfl G8~ - FDR~IJARD TIME EXA RTN TO SEND 212 EA11'fH~A'~JEAT~1-f1EEN R @fALTIMORE MD 232x^.8-3044 RETURN Tfl SENDER ~~~-~~~~.~.,., l,..III,,,lil.,,,,,~1,~~~:,~ll„~~1~1,1~~,1,~11~1-~~~~,~~ BAC Home Loans Servicing, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Kathleen R. Gelinas-Rice, Defendant No. 10-1835 CIVIL ACTION ANSWER TO MOTION FOR SUMMARY JUDGMENT AND NOW, comes Kathleen R. Gelinas-Rice by and through her counsel, Karl E. Rominger, Esquire, and in support of her Answer to Motion for Summary Judgment avers as follows: 1. Denied. Defendant is filing a request to amend her answer. 2. Admitted. 3. Denied. Defendant is filing a request to amend her answer. o' 4. Conclusion of law and requires no answer. N a 5. Denied. Defendant is filing a request to amend her answer. L, 6. Admitted. ?• OP 7. Admitted. 8. Denied. Defendant is filing a request to amend her answer. 9. Admitted. 10. Denied. Defendant is filing a request to amend her answer. 11. Admitted. 12. Denied. Defendant is filing a request to amend her answer. 13. Admitted. Defendant is filing a request to amend her answer. 14. Denied. Defendant is filing a request to amend her answer. 15. Denied. Defendant is filing a request to amend her answer. 16. Denied. Defendant is filing a request to amend her answer. WHEREFORE, Defendant requests judgment in her favor and against Plaintiff. Respectfully submitted, Rominger & Associates Date: August 20, 2010 Karl ?eRominger, Esquire 15 outh Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant BAC Home Loans Servicing, L.P. Plaintiff V1. Kathleen R. Gelinas-Rice, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1835 CIVIL ACTION CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Answer to Motion for Summary Judgment upon the following by depositing the same in the United States Mail, postage pre-paid, via first class mail, addressed as follows: Joseph P. Schalk, Esquire PHELAN HALLINAN & SCHMIEG, LLP 126 Locust Street Harrisburg, Pennsylvania 17101 Respectfully submitted, Rominger & Associates r. Date: August 20, 2010 Karl Rominger, Esquire 15 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant BAC HOME LOANS SERVICING, L.P., Plaintiff/Respondent vs. KATHLEEN R. GELINAS-RICE Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1835 CIVIL IN RE: DEFENDANT'S PETITION TO OPEN ORDER GRANTING RESPONDENT SUMMARY JUDGMENT RULE TO SHOW CAUSE AND NOW, this Z 9` day of September, 2010, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument is set for November 2, 2010, at 1:30 p.m. in Courtroom Number 4; and 5. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, Hess, P. J. r-o Q I z -r c_ czz) fj? 1 G V . :?_ CYl ? ? ld7 ? C'1 =a G7 =' BAC HOME LOANS IN THE COURT OF COMMON PLEAS OF SERVICING, L.P., Plaintiff/Respondent CUMBERLAND COUNTY PENNSYLVANIA V CIVIL ACTION - LA NO. 10-1835 CIVIL TERM KATHLEEN R. GELINAS-RICE Defendant/Petitioner IN RE: PETITION TO OPEN ORDER OF COURT AND NOW, this 2nd day of November, of August 23, 2010, granting the plaintiff' summary judgment is vacated. By the C Kevin Joseph P. Schalk, Esquire For BAC Home Karl E. Rominger, Esquire For Kathleen R. Gelinas-Rice :bg GCS tes maAs.c // ?1IOD )10, our order motion for t, ess, P.J. co n.