Loading...
HomeMy WebLinkAbout10-4116Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 --Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 239071 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 V. Plaintiff JAMES K. LAWLOR LINDA A. LAWLOR 1031 CHELMSFORD DRIVE MECHANICSBURG, PA 17050-2192 Defendants 2010 jUiq 18 Ali 3: 41 U J Y ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. / U- y/ / & CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 239071 ?' qa .00 p d ay 6 ,2 A43 ?73 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 BEABLE 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 #: 239071 .1 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES K. LAWLOR LINDA A. LAWLOR 1031 CHELMSFORD DRIVE MECHANICSBURG, PA 17050-2192 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/28/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN HOME BANK, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1875, Page 3839. By Assignment of Mortgage recorded 09/03/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 711, Page 1536. 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 11/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File M: 239071 6 The following amounts are due on the mortgage: Principal Balance Interest 10/01/2008 through 05/15/2010 (Per Diem $28.7187) Attorney's Fees Cumulative Late Charges 07/28/2004 to 05/15/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Escrow Deficit TOTAL 7. 8 9 $178,422.46 $16,999.13 $650.00 $3,319.24 $337.50 $550.00 $3,834.94 $204,113.27 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 239071 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $204,113.27, together with interest from 05/15/2010 at the rate of $28.7187 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. PHELAN HALLINAN & SCHMIEG, LLP By: ? awrence . P , 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 ? J dith T. Romano, Esq., Id. No. 58745 2 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 Attorneys for Plaintiff File #: 239071 LEGAL DESCRIPTION ALL that certain lot or tract of ground situate in Hampden Township, Cumberland County, Penna., more particularly bounded and described as follows, to wit: Beginning at a point on the western right of way line of Chelmsford Drive in the centerline of a 50 foot P P & L Right of Way; thence along the western right of way line of Chelmsford Drive South 22 degrees 47 minutes 59 seconds East 93.38 feet to a point; thence along the same by a curve to the right, said curve having a radius of 175.00 feet & an arc distance of 6.67 feet to a point being the northeast corner of Lot # 101; thence along Lot # 101 South 65 degrees 32 minutes 20 seconds West 106.97 feet to a point on the eastern line of Lot #I 11; Thence along Lot #I I I North 24 degrees 27 minutes 40 seconds West 100.00 feet to a point in the centerline of a 50 foot P P & L Right of Way; thence along the centerline of said right of way North 65 degrees 32 minutes 20 seconds East 110.00 feet to a point, being the place of beginning. Containing 10,855 square feet, more or less. PROPERTY ADDRESS: 1031 CHELMSFORD, MECHANICSBURG, PA 17050-2192 PARCEL # 10-16-1056-025 File #; 239071 VERIFICATION Forec Wsure Analyst 1?'t`nu hereby states that he/she is of CI TIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., that he/she is authorized to take this Verification, and that 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 O I O Name: Title: Company: CITIMORTGAGE, INC. File #: 239071 Name: LAWLOR SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~,~~rt'~t" of`iuinbrr/,3~~~ ,, QFFn:E-~--~ rr~ ;.r,~~,F.IFF FILED-G~-'CY r1t'','j-?c oaf?";:,^,s,.!~~~~ 4V ~. Za~Q~~,~ ~~ ~,~~ s~ ~~ CG' ,; ,-: t ~~~~ r ~ E ..~~_ ~~~ `Y Citimortgage Inc Case Number vs. James K. Lawlor (et al.) 2010-4116 SHERIFF'S RETURN OF SERVICE 06/22/2010 01:28 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2010 at 1328 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James K. Lawlor, by making known unto Linda A. Lawlor, Wife of defendant at 1031 Chelmsford Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ,,~ ~~2 OAH CLINE, DEPUTY 06/22/2010 01:28 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2010 at 1328 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Linda A. Lawlor, by making known unto herself personally, at 1031 Chelmsford Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 06/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Linda A. Lawlor, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Linda A. Lawlor. Request for service at 5660 Charlton Way, Mechanicsburg, PA 17050 the defendant was not found. Linda A. Lawlor currently resides at 1031 Chelmsford Drive, Mechanicsburg, PA 17050. 06/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James K. Lawlor, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant James K. Lawlor. Request for service at 5660 Charlton Way, Mechanicsburg, PA 17050 the defendant was not found. James K. Lawlor currently resides at 1031 Chelmsford Drive, Mechanicsburg, PA 17050. SHERIFF COST: $104.00 June 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF .c;. CountySuitn Sh~nff. iEeieosoft. Inc. CITIMORTGAGE, INC. SB/M TO IN THE COURT OF COMMON PLEAS OF ABN AMRO MORTGAGE GROUP, CUMBERLAND COUNTY, INC. PENNSYLVANIA Plaintiff v. NO. 10-4116 JAMES K. LAWLOR CIVIL ACTION LINDA A. LAWLOR Defendants JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT Defendants James K. Lawlor and Linda A. Lawlor file this Answer to Plaintiff s Complaint, and in support thereof, states the following: 1. Admitted. ~a C-.'• ~ , \ _ __ ,.~~ __~, :.,,. 2. Admitted. -~ _ ~ a - , ~.~ 3. Admitted. -e~ 4. Admitted. ~ ~,, _ 5. Denied as a legal conclusion to which no response is required. ~~ 6. Denied. Defendants do not know how these charges were calculated, as such, they are denied. 7. Denied. Defendants cannot know what the Plaintiff's intentions are. 8. It is admitted that the notices were sent. The remainder of this paragraph is denied. 9. Denied as a legal conclusion to which no answer is required. WHEREFORE, Defendants request judgment in their favor and that Plaintiff's Complaint be dismissed. es K. Law o Pro Se 1030 Chelmsford Drive Mechanicsburg, PA 17050 July 26, 2010 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the date listed below, addressed to the following: Sheetal R. Shah-Jani, Esq. Phelan Hallimam & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 GOLDBERG KATZMAN, P.C. es K. Lawlor Date: July 26, 2010 ? r-0 R h E -O i' iC PRAECIPE FOR LISTING CASE FOR ARGUM 1 0 i10 0 TAlet,i (Must be typewritten and submitted in duplicQat) 4 ` . 18 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CUMBERLAND COUNTY PENNSYLVANIA Please list the within matter for the next Argument Court. Citimortgage, Inc. S/B/M To ABN Amro Mortgage Group, Inc. 1000 Technology Drive Mail Station O'Fallon, MO 63368-2240 Plaintiff VS. James K. Lawlor Linda A. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Defendants --------------------------------------- Court of Common Pleas Civil Division Cumberland County No. 10-4116-Civil 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) Phelan Hallinan & Schmieg, LLP By: Joseph P. Schalk, Esquire Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 (b) James K. Lawlor, Pro Se Linda A. Lawlor, Pro Se 1031 Chelmsford Avenue Mechanicsburg, PA 17050-2192 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 27, 2011 Date: .1111, Schafk, Esquire for Plaintiff .• t ,.cil_-0 F 1C'. a t? -ROT?JONOTArc ;` 2011 APR I I AM 9. 18 CUMBERLAND COUNTY pE,NNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. SB/M To ABN Amro Mortgage Group, Inc. 1000 Technology Drive Mail Station O'Fallon, MO 63368-2240 Plaintiff VS. James K. Lawlor Linda A. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-4116-Civil CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Praecipe for Argument, and attached Exhibits were sent via first class mail to the persons on the date listed below: James K. Lawlor, Pro Se Linda A. Lawlor, Pro Se 1031 Chelmsford Avenue Mechanicsburg, PA 17050-2192 Date: HI-71 t( By: Schalk, Esquire for Plaintiff 'r T'10NO BAR All 9:i rDMBERLARD PEN'VSYLVAMIANr' PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. SB/M To ABN Amro Mortgage Group, Inc. 1000 Technology Drive Mail Station O'Fallon, MO 63368-2240 Plaintiff VS. James K. Lawlor Linda A. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-4116-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. Defendants, James K. Lawlor and Linda A. Lawlor, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants generally deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 5. Defendants admitted in paragraph three of their Answer that they executed the Mortgage and that the Mortgage has been assigned to Plaintiff. A copy of the Mortgage, redacted to remove account identifying information, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1875, Page No. 3839, is attached hereto, made part hereof, and marked Exhibit A. A copy of the Note, redacted to remove account identifying information, is also attached hereto, made part hereof, and marked Exhibit Al. Unredacted copies of the Mortgage and Note are available to the Court and the Defendants upon request. 6. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Book No. 711, Page No. 1536. A copy of the Assignment to Plaintiff, redacted to remove account information, is attached hereto, incorporated herein by reference, and marked as Exhibit A2. An unredacted copy of the Assignment of Mortgage is available to the Court and the Defendants upon request. 7. The Mortgage is due for the November 1, 2008 payment, a period in excess of thirty-three (33) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 8. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds the dollar amount provided in the statute, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. A copy of the letter, redacted to remove account identifying information, is attached hereto, made part hereof, and marked Exhibit E. An unredacted copy of the letter is available to the Court and the Defendants upon request. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit-counseling agency in accordance with Plaintiffs written notice to Defendants. See Exhibit E. 10. Plaintiff provided Defendants with a reinstatement quote on July 15, 2010, but Defendants have failed to cure their arrears. A copy of Plaintiffs reinstatement quote, redacted to remove account identifying information, is attached hereto, made part hereof, and marked as Exhibit F. An unredacted copy of the reinstatement quote is available to the Court and the Defendants upon request. 11. Defendants have failed to sustain their burden of presenting facts which contradict the averments of Plaintiffs Complaint. 12. Plaintiff submits that its request for attorney's fees is reasonable. Plaintiff will address this issue further in its attached Brief. 13. Defendants have the right to reinstate or pay off 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. Date: By: LLP Respectfully submitted, T EXHIBIT A so 4eiyl 7+ AUG 2 3 2004 Prepared By:TAMMY HOUGENTOGLER Parcel Number: 10-16-1056-025 ?'.E.iL,,COUNTY) ,o q nUG 2 P17 17 Retum To: AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE, SUITE. ".Ol PO BOX 4454 LANCASTER, PA 17604-4454 (Space Above TMs Line For Recorc&V Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined iii Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document art. also provided in Section 16. (A) "Security Instrument" nuns this document, which is dated JULY 28 , 2004 together with all Riders to this document. (B) "]Borrower" is JAMES K LAWLOR, and LINDA A LAWLOR, Husband and Wife Borrower is the mortgagor under this Security Instrument. (C) "Lender" is AMERICAN HOME BANK, N.A. Lender is a NATIONAL ASSOCIATION PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 303 -6(PA)i0oosi V027 LOAN ID: L Pape 1 of 16 InR4b: J VMP MORTGAGE FORMS - (800)621-7291 BKI875PG3839 organized and existing under the laws of UNITED STATES OF AMERICA Lender's address is 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated JULY 28 , 2004 The Note states that Borrower owes Lender TWO HUNDRED TWENTY THOUSAND EIGHT HUNDRED AND N01100 Dollar:, (U.S. $ 220, 800.00 ) plus interest. Borrower has promised to pay this debt in regular Periodi; Payments and to pay the debt in full not later than SEPTEMBER 01, 2014 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property," (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Ricers" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider H Condominium Rider ? Second Home Rider 0 Balloon Rider Planted Unit Development Rider ? 1-4 Family Rider VA Rider ? Biweekly Payment Rider ? Other(s) [specify] (K) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. M "Community Association Dues, Foes, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (•n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated b? check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonn, instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghoti,r transfers. (Ii) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, tlh value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "Periodic Payment" Mans the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. at-G(PA) moos) V034 Pape 2 of 16 LOAN ID : 3039 1101 8KI875PG3840 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As usc-d in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under thi, Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey i o Lender the following described property located in the COUNTY [Type of Recording Jurisdiction; of CUMBERIAND [Name of Recording Jurisdictions SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 1031 CHELMSFORD DRIVE [Street] MECHANICSURG [City), Pennsylvania 17050 [zip Cvac ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." inhMm a f J7 /Z/1 ?-8(PA) coooat V041 P•o" 3 of to LOAN ID : m 3039 1101 BK 1875PG384 I BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and ha.s the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniforr; covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charge;. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and and prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow lten,? pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or thi ; Security Instrument is returned to Fender unpaid, Lender may require that any or all subsequent payment, due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or a; such other location as may be designated by Lender in accordance with the notice provisions in Section 1 Lender may return any payment or partial payment if the payment or partial payments are insufficient t,, bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loar, current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pa} interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to brim the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such fiends will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Securit\ Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, ai payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payment, shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, anti then to reduce the principal balance of the Note. If lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be ft (PA) roooer V048 Pop a of 10 /Z LOAN ID: m 3039 1/01 SKI875PG3842 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shad be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due undo i the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Finds for Escrow Items. Borrower shall pay to lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c! premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrm Items." At origination or at any time during the term of the Loan, Lender may require that community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower', obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and i, such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to app) the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender cat: require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annuallN analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing: or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Fwids. Borrower and Lender can agree in writing, however, that interesr 6(PA) woos) iMi . V055 w°°s°)'° LOAN YD: orrtn3039 7101 BKI875PG3843 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account tu; Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escro" as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay t:, Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than i monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shat 1 notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all stuns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. Tc the extent that these items are Escrow Items, Borrower shall pay them in the mim ner provided in Section I . Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating; the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S• Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. 't'his insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender ma} require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. CVPA) 10008) V062 P°a'e of 18 LOAN ID: 1M_ 3038 11oi BKI875PG3844 If Borrower fails to maintain any of the coverages described above, lender may obtain insurance coverage, at lender's option and Borrower's expense. Lender is under no obligation to purchase and particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrowc., acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost o t insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shal l become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender', right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender a., mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums anti renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right u, hold such insurance proceeds until lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a seric of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. I t the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-dav period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. -61 (000e) V0b9 Page 7of 78 (k IRAN ID: 3039 1/01 BKI875PG3845 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall no, destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on tlu Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property i order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it i determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shai 1 promptly repair the Property if damaged to avoid further deterioration or damage. If insurance o; condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series o C progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion t such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it lia, reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall gi4, Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan applicatio;: process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower', knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lende, (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of tic Property as Borrower's principal residence. 9. Protection of Lender's Intent in the Property and Rights Under this Security Instrument. 1! (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights undo: this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, fog enforcement of a lien which may attain priority over this Security Instrument or to enforce laws w regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever :; reasonable or appropriate to protect Lender's interest in the Property and rights render this Securit,. Instrument, including protecting and/or assessing the value of the Property, and securing and/or repainng the Property. Lender's actions can include, but are not limited to: (a) paying any suns secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights tinder this Security Instrument, including; its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board tip doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumeci on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is no: under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or aI! actions authorized under this Section 9. inrtie4:?? ?^ =V(PA) toooe) V076 PW a of %a LOAN ID: m3039 110i 8K ! 875PG3846 Any amounts disbursed by Lender tinder this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requestin payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantial l ' equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is no. available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain chest payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall bt non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in thi.1 Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses t may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and mad enter into agreements with other parties that share or modify their risk, or reduce losses. These agreement., are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsure-, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreemew provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of tht premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (' 8WA1 oooe) Ir"s:? V083 P/pe9o1° LOAN ID: 3039 t/oi BK 1875PG3847 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair o: the Property, if the restoration or repair is economically feasible and Lender's security is not lessene<t. During such repair and restoration period, Lander shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for thr repairs and restoration in a single disbursement or in a series of progress payments as the work i completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneou, Proceeds shall be applied to the stuns secured by this Security Instrument, whether or not then due, wi t l i the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair marke! value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the paniai taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, desuuction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the. Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorize(. to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third pane that owes Borrower Miscellaneous Proceeds or the parry against whom Borrower has a right of action it regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if' acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be ?e(pA) loooat V090 P.c• 10 or16 m3039 von LOAN ID: i"Myr 9KI875PG3848 dismissed with a ruling that, in bender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds o I any award or claim for damages that are attributable to the impairment of bender's interest in the Proper are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall N,? applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sumo segued by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount am due, shall not be a waiver of o r preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenant and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the 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 can agree to extend, modify, forbear o' make any accommodations with regard to the terms of this Security Instrument or the Note without ih,- co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability tinder this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided i n Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection mtl, Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under the., Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees In regard to any other fees, the absence of express authority in this Security Instrument to charge a specif i c fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pemvtte(i limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made b% direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to -81 PA) roooe) init.; V V097 p°°° 11 Of 18 LOAN ID: win 3039 idol BK 1875PG3849 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall prompt k notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower', change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one titre. Any notice to Lender shall be given by delivering it or by trailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice requited by this Seatrity Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Lew; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or r, might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "tray" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender tray require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited hr. Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is givers in accordance with Section l within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any timL prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained i n this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or ®-61PAtrooosi V106 P+w12orie SAN ID: 3039 1/01 BK i 875PG3850 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security lnstruitmt; and (d takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrumett, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fortes, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic. Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall nw apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest i the Note (together with this Security Instrument) can be sold one or more times without prior notice t; Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collect:; Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan. servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan i? serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligation. to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either art individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed b reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. 1 f Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) *Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmentai Cleanup. 61PAl toooal Vl l l PWo 13 of 16 ?? ID . orm 3039 110i BKI875PG385I Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities o Hazardous Substances that are generally recognized to be appropriate to normal residential uses and t; maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) an ? Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shalt promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following; Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notifN Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to asset in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. U the default is not cured as specified, Lender at its option may require immediate payment In full of all sauna secured by this Security Instrument without furtber demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted b? Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for service rendered and the charging of the fee is permitted under Applicable Law. 24. Waives. Borrower, to the extent permitted by Applicable Law, waives and releases any error of defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shalt extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mort". If any of the debt secured by this Security Instrument is lent u, Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment i tittered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. INOWS: -a-, I- IAO - SWA3 rooosi V118 Pogo 14 of 16 LOAN ID: 3039 1101 0 "Ii4_ 6K 1875PG3852 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in th» Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: Michael J. Ilan t evPA) tooos) V125 (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal; J ES K LAWLOR SUMO k _4,-L?7 4/,, (Seal) LINDA A LAWLOR -Borrower _ (Seal) -Borro w c r (Seal) -Borrowc. _ (Seal) -Borrow( Pog* 15 of 16 LOAN I D : arm 3039 1101 8KI875PG3853 Certificate of Residence I, TAMMY HOUGENTOGLER , do hereby certify that the correct address of the within-named Mortgagee is AMERICAN HOME BANK, N. A. 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454, LANCASTER, PA 17604-4454 Witness my hand this 28th day JULY 2004 n COMMONWEALTH OF PENNSYLVANIA,h??GrG' County ss: On this, the ZSA+y day of Jlti? 1 :?LCYDk , before me, th< undersigned officer, personally appeared known to me (o: satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument anti acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: C? V' _ Use A t7t dm Nowt' Pt** MW? ? a+t tonOfNOtsdes Tate of Officer a M r ,• ,.it arm Y ? tr'All .-• L Irtitlak: GVPA) ioooe) V129 Pape 16 of 15 LOAN ID: "?m 3038 1 io i BKI875PG3854 SCHEDULE C PROPERTY DESCRIPTION The land'referred to in this Commitment Is described as follows: ALL that certain lot or tract of ground situate in Hampden Township, Cumberland County, Penna., more particularly bounded and described as follows, to wit: Beginning at a point on the western right of way line of Chelmsford Drive in the centerline of a 50 foot P P & L Right of Way; thence along the western right of way line of Chelmsford Drive South 22 degrees 47 minutes 59 seconds East 93.38 feet to a point; thence along the some by a curve to the right, said curve having a radius of 175.00 feet & an arc distance of 6.67 feet to a point being the northeast comer of Lot #101; thence along Lot #101 South 65 degrees 32 minutes 20 seconds West 106.97 feet to a point on the eastern line of Lot #111; Thence along Lot #111 North 24 degrees 27 minutes 40 seconds West 100.00 feet to a point in the centerline of a 50 foot P P & L Right of Way; thence along the centerline of said right of way North 65 degrees 32 minutes 20 seconds East 110.00 feet to a point, being the place of beginning. Containing 10,855 square feet, more or less. T Cl tify this to be rccordc In Cumberland County PA Recorder of Deeds Schedule C-Commitment No.3667.1 au 4 875PG3855 IDatel JULY 28 , 2004 NOTE [City] CARLISLE [Stair! PA [Property Addnssl 1031 CHELMSFORD DRIVE , MECHANICSURG, PA 17050 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $ 220,800.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is AMERICAN HOME BANK, N.A. 1 will make all payments under this Note in the form of cash, check or money order. I understated that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.875 % The interest rate required by this Section 2 is the rate I will pay both before and after any default describedi in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. 1 will make my monthly payment on the 1st day of each month beginning on OCTOBER 01, 2004 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will he applied to interest before Principal. If, on SEPTEMBER 01, 2019 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the 'Maturity Date.' I will make my monthly payments at 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604.4454 or at a different place if required by the 'Vote Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 1,848.36 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal ordv is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepaynxmts without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that l owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. ORIGINAL MULTISTATE FIXED RATE NOTE-Single Family-Fannin Mar/Froddl• Mac UNIFORM INSTRUMENT (%5N r00051.01 Form 3200 1101 Jill age I o VMP MORTGAGE FORMS 1000)021 ts. D -7291 mini III 1111 5. LOAN CHARGES Nis If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other. loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to tyre. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 ( f i f t e e n) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 . coo % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by nre for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that most be given to the under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by nailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TMS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that am ?gFu y. b required to pay all of the amounts owed under this Note. V 1q"11 ? RA ?, 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Nonce of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3200 1/01 ® -5N Iooo51.0 i Page 2 of ?nr. m8: Vold 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument'), dated the sane date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which l make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instturnent. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ORIGINAL S K LAWEOV -Borrower LINDA A LAW R -Borrower -(Seal) -Borrower ..... (Seal) -Borrower _ (Seal) -Borrower pAYj*I M8QF mu? Original W IF EndorBenwnt A ?? JOHN P. ® -5N wo061.01 Pp. 7 of 3 VIM _ (Seal) -Borrower _ (Seal) Borrower (Seal) -Borrower Isign original Only/ Form_/ t ¦ SIGNATURE/NAME AFFIDAVIT Instructions to Closing Agent: Date: JULY 28, 2004 Borrower: JAMES K LAWLOR THIS IS TO CERTIFY THAT MY LEGAL SIGNATURE IS AS TYPED BELOW. (This signature must exactly match signatwrs ('.c: the Note and Mortgage or Deed of Trust.) JAMES K LAWLOR ? (Print or Type Name) Si (If applicable, complete the following.) 1 AM ALSO KNOWN AS: JAMES LAWIAR (Print or Type Name) (Print or Type Name) Sig Signature (Print or Type Name) Signature (Print or Type Name) Signature and that JAMES LAWIAR are one and the same person. Verification of Borrower Identity Idfcation Presented: river's License _ State ID _ Passport Other Government Issued ID Card with Photo or Sample Signature Type: STATE OF COUNTY OF (.{(i1'YI &f-)) Issuing Government Agency ID No. Expiration Date//aa/U5 Issue Date if Applicable On _ ?l i lw 22 20 Ott, before me personally appeared _ JCafM£E? K . La-w lo- who presented the satisfactory evidence of identification as listed above, and proved to be the person whose name is subscribed to the within instrument and acknowledged thatQjLh;he executed the same in?ber authorized capacity, and that b yhis9ter signature on the instrument, the person or entity.upon be!„'.f of which the person acted, executed the instrument. WITNESS my hand and official seal. Nalsift Sod = Lin A. OBdw% Nagy Pt?ae Sotm MAJtatm Tv)., Cutbadaw Catady e >,- J My Catvnwwxn Emp as Sall 24. W8 ' - ?'--•- - _ _, - _ ?A/I //r Mrbar.ParrytwirAow*tcnOtNOW%$ Mary Public My Commission Expires: - -r-" AHS(PCL)AHGFOw)10rz007 AliGF-1 (Revised 5/20/2004) 0 • SIGNATUREINAME AFFIDAVIT 6? Instructions to Closing Agent: Date: JULY 28, 2004 Borrower: LINDA A LAWLOR THIS IS TO CERTIFY THAT MY LEGAL SIGNATURE IS AS TYPED BELOW. (This signature must xs actlY match signatures on the Note and Mortgage or Deed of Trust.) LINDA A LAWLOR (Print or Type Name) Signature (If applicable, complete the following.) 1 AM ALSO KNOWN AS: LINDA LAWLOR (Print or Type Name) (Print or Type Name) Signature Signature (Print or Type Name) Signature (Print or Type Name) Signature and that LINDA IAWLOR are one and the same person. Verification of Borrower Identity Identification Presented: river's License _ State ID _ Passport _ Other Government Issued ID Card with Photo or Sample Signature Type STATE OF I Y?l Yl t 2- COUNTY OF b,"bZ-riL nd ,47°i Issuing Government Agency M 1j, ID No. d J Z- 7 0 L/7 Expiration Date ,?jd 7A 7 Issue Date if Applicable 712b103 On ?u1H L$ 20 a, before me personally appeared 1Rd? A . ??? who presented the satisfactory evidence of idenafkauon as listed above, and proved to be the person whose name is subscribed to the within instrument and acknowledged thai ht?sh7 executed the same in him-Authorized capacity, and that by hiWr signature on the instrument, the person or entity upon•txna:f of which the person acted, executed the instrument. WITNESS my hand and official seal. 1laa A t?>• WtAarY ?CouttY ??-.? l i- ? !- Salt tld0alon T E CunttaAatd21 AgadWtm Ot~ otary Public My Commission Expires: --- AH8(PCL)AHGF(jw)10f2001 AHGF-2 (Revised 05/20/2004) LOAN ID: 00000,0265 Return to: American Home Bank, N.A. 805 Estelle Drive, Suite 101 PARCEL ID: 10-16-1056-025 Lawastar, PA 17604-4454 (717)537.4242 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that AMERICAN HOME BANK, N- A- national banking association organized and existing under the laws of the United States, (hereinafter referred to as "ASSIGNOR"), for and in consideration of the sum of One Dollar ($1.00) lawful money of the United States of America, and other good and valuable consideration to it in hand paid by ARN AMRO MORTGAGE GROUP, INC. (hereinafter rcf cored to as "ASSIGNEE"), at or before the scanting and delivery of these presents, the receipt whereof is hereby acknowledge, has granted, bargained, sold, assigned, transferred and set over, and by these presents does grant, bargain, sell, assign, transfer and set over unto the said ASSIGNEE, and its stm more and assigns, all that certain MORTGAGE dated JULY 28th 2004 covering premiaes situate in Township of HAMPDEN CUMBERLAND County, State of PA being known as 1031 CHELMSFORD DRIVE MECHANICSURG, PA 17050 3r -Z) Cn mm -_ b rrt C7 made and executed by JAMES K LAWLOR AND LINDA A LAWLOR ° y zm -? (hereinafter refined to as "MORTGAGOR'), to said ASSIGNOR to secure the sum of $ 220,800.013 Q . o r c o ri Recorded in Book JS 7J`? Page on m r ; Recorded in Instrument on TOGETHER with the bereditaments and premises in and by said MORTGAGE particularly described lied granted, or mentioned and intended so to be, with the apptntenaooos, and the bond or obligation in said MORTAGE mentioned and thereby intended to be secured Ihemby, and all moneys due and to grow due thereon, and all its estate, right, title, interest, property, claim and demand in and to the same. TO HAVE AND TO HOLD the same unto the said ASSIGNEE, and its suocessors and assigns, to its proper use, benefit and behoof forever, subject, nevertheless, to the equity of redemption of said MORTGAGOR in said mortgage named, and the heirs, executors, administrates, successon and assigns of said MORTGAGOR. IN WITNESS WHEREOF, the said ASSIGNOR has caused its corporate seal to be hereto printed and these presents to be duly executed by its authorized officer this AUGUST 3rd 2004 AME By : Title: Area STATE OF PENNSYLVANIA )so ss COUNTY OF LANCASTER ON THIS, AUGUST 3rd 2004 , before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned offiicer, personally appeared JOHN P MOQUIN who acknowledged HIMSELF to be the SVP of AMERICAN HOME BANK, N.A., a national backing association, and that HE as such SVP being authorized to do so, executed the foregoing instrument for tuposea therein contained by signing the name of the corporation by HIM as SVP ???t (? Date Commission Expires: Public LORI 'A-PETERS L -Mmamr ,,Er?noruw?,Cwum EAST I HEREBY CERTIFY THE CORRECT ASSIGNEE ADDRESS IS: ABN AMRO MORTGAGE GROUP, INC. 2600 W BIG BEAVER ROAD TROY. ,,r4 084/ AHWpc1) AHPW (Jun) 12n001 Rev: 05105/2064 900K 711. PAGE 1.536 05/070010 9 03 18 AM CUMBERLAND COUNTY ")i10436235 - Page 1 of 1 Citimortgage, Inc. SB/M To ABN Amro Mortgage Group, Inc. 1000 Technology Drive Mail Station O'Fallon, MO 63368-2240 Plaintiff VS. James K. Lawlor Linda A. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Defendants Court of Common Pleas Civil Division Cumberland County No. 10-4116-Civil PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF n D ) COUNTY OF ?? ss. ) Torah Holam , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Dottxnent Control Of€icer at Citimortgage, Inc., 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 have reviewed the books, records, loan documents, and loan history pertaining to the Defendant's Residential Mortgage loan being serviced by Plaintiff. 4. All proper payments made by Defendants have been credited to Defendants' account. 5. Defendant's mortgage payments due November 1, 2008 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 $178,422.46 Interest $16,999.13 October 1, 2008 through May 15, 2010 (Per Diem $28.7187) Attorney's Fees $650.00 Property Inspections/Property Preservations $337.50 Cumulative Late Charges $3,319.24 July 28, 2004 to May 15, 2010 Cost of Suit and Title Search $550.00 Escrow Deficit $3,834.94 TOTAL $204,113.27 7. Defendants have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided Defendants with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and 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 Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. Name: Tarsh Hdttm? Title: 00CUMent control Officer Citimortgage, Inc. On this day of 1 Vi?. ?V \ , 2011, before me a notary public, the undersigned officer, personally appeared the above named person, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she/he executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. LAURA UMM @AUV Notary Public - Notary 0" Stamp/Seal: State of Missouri Notary Public St. Charles Couriy Commission # 111? Y7 My Commission B*u JP4" 26,1115 Lawlor, PHS# 239071 f . EXHIBIT C Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Nallinan, 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 239071 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 V. Plaintiff JAMES K. LAWLOR LINDA A. LAWLOR 1031 CHELMSFORD DRIVE MECHANICSBURG, PA 17050-2192 Defendants 2010 Juy18 Adi3:4i CVtY,!JL.L ?..11,'v l ATTORNEY FOR PLAIN" III COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. / 6_ Y// 6 C CUMBERLAND COUNTY CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE pLEASL RF i a,,M File #: 239071 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 BEABLE 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 COUN'T'Y COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-31.66 (800) 990-9108 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES K. LAWLOR LINDA A. LAWLOR 1031 CHELMSFORD DRIVE MECHANICSBURG, PA 17050-2192 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/28/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN HOME BANK, N.A which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1875, Page 3839. By Assignment of Mortgage recorded 09/03/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 711, Page 1536. 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 11/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make.such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. WPM- `axe - 6. The following amounts are due on the mortgage: Principal Balance $178,422.46 Interest $16,999.13 10/01/2008 through 05/15/2010 (Per Diem $28.7187) Attorney's Fees $650.00 Cumulative Late Charges $3,319.24 07/28/2004 to 05/15/2010 Property Inspections/Property Preservations $337.50 Costs of Suit and Title Search $550.00 Escrow Deficit $3,834.94 TOTAL $204,113.27 7. Plaintiff is not seeking a judgment of personal liability (or an in personarn 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's 9. 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $204,113.27, together with interest from 05/15/2010 at the rate of $28.7187 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. PHELAN HALLINAN & SCHMIEG, LLP By: A A Oda - r4- 0: 1 ? wrence . P Esq., Id. No. 32227 ? Francis S. HalIinan, 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 OSheetal 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 Attorneys for Plaintiff :rr r, ,7. ?7 Tl 7"P6 , - File.#:.-.239071 .r... ? w? jai }ya k LEGAL DESCRIPTION ALL that certain lot or tract of ground situate in Hampden Township, Cumberland County, Penna., more particularly bounded and described as follows, to wit: Beginning at a point on the western right of way line of Chelmsford Drive in the centerline of a 50 foot P P & L Right of Way; thence along the western right of way line of Chelmsford Drivc South 22 degrees 47 minutes 59 seconds East 93.38 feet to a point; thence along the same by a curve to the right, said curve having a radius of 175.00 feet & an arc distance of 6.67 feet to a point being the northeast corner of Lot #101; thence along Lot #101 South 65 degrees 32 minutes 20 seconds West 106.97 feet to a point on the eastern line of Lot #I 11; Thence along Lot #I 1 I North 24 degrees 27 minutes 40 seconds West I00.00.feet to a point in the centerline of a 50 foot P P & L Right of Way; thence along the centerline of said right of way North 65 degrees 32 minutes 20 seconds East 110.00 feet to a point, being the place of beginning. Containing 10,855 square feet, more or less. PROPERTY ADDRESS: 1031 CHELMSFORD, MECHANICSBURG, PA 17050-2192 PARCEL # 10-16-1056-025 File #: 234071 3r.>i4a6's i , . - .. .,..+.*,hw`s M1tirw.• +-,?..w .: ,. re. `N""'a+>f ii'??,y'a?..? .u Clfh.., tw` VERI nCAEQN wM A _ hereby states that he/she is . of CITIMORTGAGE, INC., servicing agent for Plaintiff in this _ matter, CITIMORTGAGE, INC. SB/M TQABN AMRO MORTGAGE GROUP, INC., that he/she is authorized to take this Verification, and that 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 unworn falsification to authorities. Name: ,_;5• EXHIBIT D CITIMORTGAGE, INC. SB/M TO IN THE COURT OF COMMON PLEAS OF ABN AMRO MORTGAGE GROUP, CUMBERLAND COUNTY, INC. PENNSYLVANIA Plaintiff V. NO. 10-4116 JAMES K. LAWLOR LINDA A. LAWLOR Defendants CIVIL ACTION : JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT Defendants James K. Lawlor and Linda A. Lawlor file this Answer to Plaintiff's Complaint, and in support thereof, states the following: 1. Admitted. C) t 2. Admitted. 3. Admitted. c4. Admitted. 5. Denied as a legal conclusion to which no response is required. " 6. Denied. Defendants do not know how these charges were calculated, as such, they are denied. 7. Denied. Defendants cannot know what the Plaintiff's intentions are. 8. It is admitted that the notices were sent. The remainder of this paragraph is denied. 9. Denied as a legal conclusion to which no answer is required. WHEREFORE, Defendants request judgment in their favor and that Plaintiff's Complaint be dismissed. CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the date listed below, addressed to the following: Sheetal R. Shah-Jani, Esq. Phelan Hallimam & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 GOLDBERG KATZMAN, P.C. Y J K. Lawlor Date: July 26, 2010 radee REPRESENTATION OF PRINTED DOCUMENT CitiMortgage 7107 8381 6540 1296 7098 Coiw% i e www.citimortgage.com 01/25/10 47517 000493 JAMES K LAWLOR LINDA A LAWLOR 1031 CHELMSFORD DR MECHANICSBURG PA 17050-2192 LL T O N 9 OD RE: CitiMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. [R ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service -?Ep marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT /'""%? CitiMort9a9e citi www.citimortgage.com Page Two 01 LL T O N O 00 0 co n m HOMEOWNER'S NAME(S): James K Lawlor Linda A Lawlor PROPERTY ADDRESS: 1031 Chelmsford Or M chani g,PA 17050 LOAN ACCT. NO.: ORIGINAL LENDER: Bank N.A. CURRENT LENDER/SERVICER: CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Q ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service a marks of Citigroup Inc. `Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT Page Three 01 1 LL N 0 CitiMortgage CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) cA4010% i e www.citimortgage.com 1=1 ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service m6rh marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT CitiMortgage C007*4111k i e www.citimortgage.com Page Five 666M LL W N against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Email Address: CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368-2240 1-800-723-7906 1-636-261-7716 Adam Saab ryan.ollier@citi.com Q ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT LL m 0 N O 0 C? n REPRESENTATION OF PRINTED DOCUMENT CitiMortgage Page Six EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-Please refer to your original loan documents to determine whether or not you may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may also call the 1-800 Number above to find out whether your loan is assumable. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosure: Consumer Credit Counseling Agencies, including those for your county. 100125D0005376 cite www.citimortgage.com Q ©2008 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service a marks of Citigroup Inc. 'Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT EXHIBIT F IN PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders in Pennsylvania & New Jersey July 15, 2010 Via Mail James K. and Linda A. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Re: Lawlor, James K. and Linda A. 1031 C , Mechanicsburg, PA 17050 Acct. To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the amount of $49,217.00, which is the amount required to bring the above account current with CitiMortgage, Inc. Funds must be received in our office no later then 0712312010 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. Please make check payable to your mortgage company or servicer. • All checks must be made payable to the mortgage company stated above, and forwarded to PHELAN HALLINAN & SCHMIEG, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additional expenditures in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Jessica Curran Foreclosure Resolution Department Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount doe on the day you pay maybe greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. 4i V in 2W PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Jessica Curran jessica.curran@fedphe.com Representing Lenders in Pennsylvania & New Jersey Reinstatement Fi ure NAME: Lawlor, James K. and Linda A. ACCT. #: DATE: 7/15/10 Good Through 07/23/10 Payments Due Late Charges Property Inspections/BPO Servicing Fees Credit Prothonotary of Cumberland County Costs Sheriff of Cumberland County Costs Additional Foreclosure Costs Attorney Fee TOTAL $45,394.30 $3,596.47 $462.00 $70.30 -$1,871.07 $100.00 $125.00 $430.00 $910.00 $49, 217.00 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTSI Please be advised that this firm is a debt collector attempting to collect a debt Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of & lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. 4 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICEI ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this firm is a debt collector attempting to collect a debt. Any Information received will be used for that purpose. If you have received a discharge is bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a Ilea against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing thecbeck for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. 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. BY. Date Jose h Schalk, Esquire Atto ev for Plaintiff 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. SB/M To ABN Amro Mortgage Group, Inc. 1000 Technology Drive Mail Station O'Fallon, MO 63368-2240 Plaintiff VS. James K. Lawlor Linda A. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Defendants ORDER AND NOW, this f 3' day of V104A- Court of Common Pleas Civil Division Cumberland County No.10-4116-Civil s t o _ z = ._, M 0-1 Wm C = ?Y -'O cnr- w s`: rr! I .,:.. M, , 2011 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, 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 Defendants, James K. Lawlor and Linda A. Lawlor, for $204,113.27 plus interest from May 15, 2010 at the rate of $28.7187 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. CL Co? t*F-s rnaI t - A4 J. say a alne-r Lino 1a-- ?1?k. L.;V'o to- f VIr ]--/,v ? BY THE COURT: 41, "FILED-0F RI Or TKO PROTHO 10 f R 1 James K. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Acting Pro Se CITIMORTGAGE, INC., s/b/m to ABN AMRO MORTGAGE GROUP, INC., Plaintiff V. NI I JUL t i Phi ?' 0 f CUM ENNSYL.VA? A ?'' P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4116-Civil JAMES K. LAWLOR AND LINDA A. LAWLOR, Defendants NOTICE OF APPEAL TO THE PROTHONOTARY: Notice is hereby given that Defendants James K. Lawlor and Linda A. Lawlor, above named, hereby appeal to the Superior Court of Pennsylvania from the Order entered in this matter on the 13`h day of June, 2011. This Order has been entered in the docket. {00538016;v1} James K. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Acting Pro Se q a w tj v y Matui,'&D &Af .8? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record United States Mail at Harrisburg, Pennsylvania, with first- class postage prepaid, addressed to the following: Citimortgage, Inc. SBM to ABN Amro Mortgage Group, Inc. 1000 Technology Drive Mail Station O'Fallon, MO 63368-2240 By: Ja . awlor Date: {00538016;vII S upff i or Court of P ennsyl vani a Kaei eed e-arrt?llett, ? Protha Middle District atay Milm K Mrkobrad, Esq. Dex,tyaahun ay July 13, 2011 Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Citimortgage Inc. V. James K. Lawlor and Linda A. Lawlor Appeal of: James K. Lawlor 1219 MDA 2011 Trial Court Docket No: 10-4116-Civil Dear David D. Buell: PavWvaraIdd.1 Center P.O. Box 62435 601CorrrravmdthAverxej SA0600 Harrisburg PA 17106.2435 ?7,17) 34120,C www. superior.gjrt. stffi?pa us..,.i m cr ;,a m N CD 4 --q C) -C -n 3:0 D s Vic:; Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Milan K. Mrkobrad, Esq. Deputy Prothonotary /krc Enclosure 2:25 P.M. Appeal Docket Sheet Docket Number: 1219 MDA 2011 Page 1 of 2 July 13, 2011 Citimortgage Inc. V. James K. Lawlor and Linda A. Lawlor Appeal of: James K. Lawlor Initiating Document: Case Status: Case Processing Status: Journal Number: Case Category: Superior Court of Pennsylvania Secure CAPTION CASE INFORMATION Notice of Appeal Active July 13, 2011 Awaiting Original Record Civil Case Type(s) Mortgage Foreclosure CONSOLIDATED CASES RELATED CASES SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received COUNSEL INFORMATION Appellant Lawlor, James K. Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: No Pro Se: Lawlor, James K. Address: 1031 Chelmsford Drive Mechanicsburg, PA 17050 Phone No: Fax No: Receive Mail: Yes Receive EMail: No Appellee Citimortgage, Inc. s/b/m to ABN Amro Mortgage Group, Inc. Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Shah-Jani, Sheetal Ramesh Bar No: 081760 Law Firm: Phelan Hallinan & Schmieg, L.L.P. Address: 1617 JFK Blvd Ste 1400 Next Event Due Date: July 27, 2011 Next Event Due Date: September 9, 2011 Philadelphia, PA 19103 Phone No: (215) 563-7000 Fax No: (215) 563-4491 Receive Mail: Yes Receive EMail: No 2:25 P.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1219 MDA 2011 Page 2 of 2 Secure July 13, 2011 FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 07/13/2011 Notice of Appeal 73.50 0.00 AGENCY/TRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: June 13, 2011 Judicial District: 09 Documents Received: July 13, 2011 Notice of Appeal Filed: July 11, 2011 Order Type: Order Entered OTN(s): Lower Ct Docket No(s):10-4116-Civil Lower Ct Judge(s): Hess, Kevin A. President Judge ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE None None DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type Filed By July 13, 2011 Notice of Appeal Docketed Appellant Lawlor, James K. Comment: No proof of service showing trial court judge. July 13, 2011 Docketing Statement Exited (Civil) Middle District Filing Office CITIMORTGAGE, INC. SB/M/ ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-4116 JAMES K. LAWLOR LINDA A. LAWLOR 1031 CHELMSFORD DRIVE MECHANICSBURG, PA 17050-2192 ; CIVIL ACTION Defendants. JURY TRIAL DEMANDED IN RE: OPINION PURSUANT TO Pa.R.A P 1925 c £.7 P.1 W X$m w) o, In this civil case, Plaintiff filed a complaint in mortgage foreclosure averring a substantial delinquency of mortgage payments by Defendants and seeking an in rem judgment against Defendants in the amount of $204,113.27, together with interest and costs. (Complaint, filed Jun. 18, 2010). An answer was filed, and Plaintiff moved for summary judgment, which was granted by Order of Court dated June 13, 2011. Defendants filed a Notice of Appeal subsequent to our entry of summary judgment in favor of Plaintiff. (Defendants' Notice of Appeal, filed Jul. 7, 2011). We note that Defendants failed to serve the Notice of Appeal on this court as is required by Pa.R.A.P. 906(a)(2).1 Rather, the Notice of Appeal was brought to our attention in a passing inquiry with a clerk of the prothonotary's office. (See also Defendants' Notice of Appeal, filed Jul. 7, 2011 (indicating that the Notice was served only upon counsel for Plaintiff)). As a result, we do not enjoy the benefit of having a concise statement of errors complained of on appeal; While the failure to serve the judge may not be fatal per se to Defendants' appeal, it has certainly placed this court at a disadvantage in respect of both the quality of information provided to this court and the limited time which we have been allotted to provide this supplementary opinion. See Meadows v. Goodman, 2010 PA Super 55, 15, 993 A.2d 912, 914 (holding that the a failure to serve the judge, as required by Rule 906(a)(2), results in such action as the appellate court deems appropriate, which may include, but is not limited to, remand of the matter to the lower court or a quash of the instant appeal). however, this supplementary opinion in support of the June 13, 2011 entry of summary judgment has been written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). The facts of this case are brief and may be summarized as follows. Plaintiff filed its Complaint in mortgage foreclosure on June 18, 2010. (Complaint, filed Jun. 18, 2010). Plaintiff is Citimortgage, Inc. SB.M to ABN AMRO MORTGAGE GROUP, Inc. of O'Fallon, Mo. (Complaint, ¶ 1; Admitted in Answer, ¶ 1). Defendants are James K. Lawlor and Linda A. Lawlor, the mortgagors of property located at 1031 Chelmsford Drive, Mechanicsburg, PA 17050-2192. (Complaint, 12; Admitted in Answer, ¶ 2). On July 28, 2004, Defendants made, executed, and delivered a mortgage on that property to American Home Bank, N.A., which was recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1875, Page 3839. (Complaint, ¶ 3, Admitted in Answer, ¶ 3). On September 3, 2004, that mortgage was assigned to Plaintiff Citimortgage and recorded in Assignment of Mortgage Book No. 711, Page 1536. (Complaint, ¶ 3, Admitted in Answer, 13). A description of the mortgaged property was attached to Plaintiff's Complaint. In its Complaint, Plaintiff averred that the mortgage was in default because monthly payments of principal and interest, beginning November 11, 2008 and each month thereafter, were due and unpaid, and, by the terms of the mortgage, the entire principal balance and all interest due thereon were immediately collectible. (Complaint, ¶ 5). Plaintiff sent notices to Defendants of its intention to foreclose, as required in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983. (Complaint, ¶ 8, Admitted in Answer, ¶ 8). Plaintiff sought an in rem judgment against Defendants in the amount of $204,113.27, together with interest and costs, and provided the following computation of the amounts due on the mortgage: 2 Principal Balance: $178,422.46 Interest $16,999.13 (10/1/2008 through 05/15/2010) (Per Diem $28.7187) Attorney's Fees $650.00 Cumulative Late Charges $3,319.24 (07/28/2004 to 05/15/2010) Property Inspections/ Property Preservations $337.50 Costs of Suit and Title Search $550.00 Escrow Deficit $3,834.94 TOTAL $204,113.27 (Complaint, ¶ 6). Defendants' Answer to Plaintiff s Complaint contained general admissions and denials of the averments contained therein. (Answer, filed Jul. 26, 2010). On April 4, 2011, Plaintiff filed a Motion for Summary Judgment, and the case was listed for argument to be heard on May 27, 2011. (Plaintiffs Motion for Summary Judgment, filed Apr. 4, 2011). Plaintiff attached to its Motion copies of the following: the mortgage, the note signed by Defendants, the assignment of the mortgage to Plaintiff, an affidavit confirming the default and the amount of the debt, and a copy of a reinstatement quote containing the amounts owed and due. (Plaintiffs Motion for Summary Judgment). No response to the Motion was filed by Defendants. By Order of Court, dated June 13, 2011, this writer granted Plaintiffs Motion for Summary Judgment, and judgment was entered in favor of Plaintiff and against Defendants for $204,113.27 plus interest from May 15, 2010 at the rate of $28.7187 per diem and other costs and charges collectible under the mortgage for foreclosure and sale of the mortgaged property. (Order of Court, June 13, 2011). From the entry of that order, Defendants now appeal. Pursuant to Rule 1035.2 of the Pennsylvania Rules of Civil Procedure, the court may grant summary judgment after the relevant pleadings are closed and "whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by any additional discovery or expert report." Pa. R. Civ. P. 3 1035.2(1). Summary judgment shall be granted whenever "the material facts are undisputed," or the facts are insufficient "to make out a prima facie cause of action or defense." McCarthy v. Dan Lepore & Sons Co., 724 A.2d 938, 940 (Pa. Super. Ct. 1998); Pa. R. Civ. P. 1035.2(1). Furthermore, summary judgment is proper when "the uncontroverted allegations in the pleadings, depositions, answers to interrogatories, admissions of record, and submitted affidavits demonstrate that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law." Reliance Ins. Co. v. IRPC, Inc., 2006 Pa Super 150, ¶ 8, 904 A.2d 912, 915. In a mortgage foreclosure action, the entry of summary judgment is appropriate "if the mortgagors admit that the mortgage is in default, that they have failed to pay interest on the obligation, and that the recorded mortgage is in the specified amount." Cunningham v. McWilliams, 714 A.2d 1054, 1057 (Pa. Super. 1998) (citing Landau v. Western Pennsylvania National Bank, 445 Pa. 217, 225-26, 282 A.2d 335, 340 (1971)). Furthermore, averments contained in pleadings to which a response is required are to be deemed admitted when not specifically denied. Pa. R. Civ. P. 1029(b); Rohrer v. Pope, 2007 PA Super 43, ¶ 16, 918 A.2d 122, 128-29. Finally, summary judgment is also proper against a non-moving party where that party fails to respond within thirty days after service of motion for summary judgment. Pa. R. Civ. P. 1035.3(d). Applying the foregoing, Plaintiff was entitled to summary judgment as a matter of law. Defendants admitted in their answer that they made, executed, and delivered a mortgage on property located at 1031 Chelmsford Drive, Mechanicsburg, PA 17050-2192. Plaintiff attached to its motion for summary judgment copies of the mortgage, the note signed by Defendants, the assignment of the mortgage to Plaintiff, an affidavit confirming the default and the amount of the 4 debt, and a copy of a reinstatement quote containing the amounts owed and due. Plaintiff supplied this court with all of the information necessary to calculate the proper amount due under the mortgage. Because Defendants failed to respond to Plaintiffs Motion for Summary Judgment, the averments contained therein were deemed admitted. Furthermore, the entry of summary judgment against Defendants for their failure to respond to the motion was also proper under the Pennsylvania Rules of Civil Procedure. Defendants failed to provide sufficient information to inform this court of any genuine issues of material fact. Quite simply, the material facts in this mortgage foreclosure action were not disputed by Defendants. For the foregoing reasons, we conclude that our entry of summary judgment in favor of Plaintiff and against Defendants for $204,113.27, plus interest from May 15, 2010 at the rate of $28.7187 per diem and other costs and charges collectible under the mortgage for foreclosure and sale of the mortgaged property, was therefore properly entered. September (Z*, 2011 Kevin Sheetal Ramesh Shah-Jani, Esquire 1617 JFK Boulevard, Suite 1400 Philadephia, PA 19103 n es M ?J James K. Lawlor, Pro Se f q'1•'?11 1031 Chelmsford Drive Mechanicsburg, PA 17050 Am 1. /V A Hess, P.J. 5 CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Appellate Court to which the within matter has been appealed: SUPREME COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: CITIMORTGAGE INC vs JAMES K. LAWLOR LINDA A. LAWLOR No. 10-4116 Civil Term No. 1219 MDA 2011 The documents comprising the record have been numbered from No. 1 to 96, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 09-14-2011 1 1, Proth notary Renee K. Simpson, Dpty. An additional cony of this certificate is enclosed Please sign and date copy, thereby acknowledging receipt of this record. C: v rases- 2010-04116 C_ MORTGAGE INC (vs) LAWLOR JAM Reference No..: Case Ty e.....: REAL PROPERTY - MORTGA Judgmen?...... 204,113.27 Judge Assigned: Disposed Desc.: ------------ Case Comments ------------- K ET AL Filed........: 6/18/2010 Time......... 3:21 Execution Date 0/00/0000 Jury Trial.... Disposed Date. 0/00/0000 Higher Crt 1.: 1219MDA2011 Higher Crt 2.: General Index Attorney Info CITIMORTGAGE INC 1000 TECHNOLOGY DR MAIL STATION 0 FALLON MO 63368 2240 LAWLOR JAMES K 1031 CHELMSFORD DR MECHANICSBURG PA 17050 2192 LAWLOR LINDA A 1031 CHELMSFORD DR MECHANICSBURG PA 17050 2192 PLAINTIFF SHAH-JANI SHEETAL DEFENDANT DEFENDANT ******************************************************************************** Judgment Index Amount Date Desc LAWLOR JAMES K LAWLOR LINDA A 204,113.27 6/13/2011 ORDER 204,113.27 6/13/2011 ORDER ******************************************************************************** * Date Entries ******************************************************************************** / -7 6/18/2010 ?- e22 6/24/2010 23-;26" 7/26/2010 27-50 1 4/11/2011 g a 4/11/2011 e3 4/11/2011 A6 6/13/2011 , fq- 8e 7/11/2011 ,S j- 1/ 7/14/2011 q,q - 96 9/13/2011 9/14/2011 FIRST ENTRY - - - - COMPLAINT - MORTGAGE FORECLOSURE BY SHEETAL R SHAH-JANI ESQ ------------------------------------------------------------------- SHERIFF'S RETURN - 6/22/10 - COMPLAINT IN MORTGAGE FORECLOSURE UPON DEFTS JAMES K L WLOR AND LINDA A LAWLOR AT 1031 CHELMSFORD DRIVE MECHANICSBURG 17050 SHERIFF'S COST $104.00 ------------------------------------------------------------------- DEFENDANT'S ANSWER TO PLFFS COMPLAINT - BY DEFT ------------------------------------------------------------------- MOTION FOR SUMMARY JUDGMENT - BY JOSPEH P SCHALK ATTY FOR PLFF ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - PLFFS MOTION FOR SUMMARY JUDGMENT - BY JOSEPH P SCHALK ATTY FOR PLFF ------------------------------------------------------------------- CERTIFICATION OF SERVICE - PLFFS MOTION FOR SUMMARY JUDGMENT AND PRAECIPE FOR ARGUMENT UPON DEFTS - BY JOSPEH P SCHALK ATTY FOR PLFF -------------------------------------------------------------------- ORDER - DATED JUNE 13, 2011 - IN RE: MOTION FOR SUMMARY JUDGMENT - ORDERED AND DECREED THAT AN IN REM JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS FOR $204,113.27 PLUS INTEREST FROM MAY 15, 2010 AT THE RATE OF $28.7187 PER DIEM AND OTHER COSTS AND CHARGES COLLECTIBLE UNDER THE MORTGAGE FOR FORECLOSURE AND SALE OF THE MORTGAGED PROPERTY BY THE COURT KEVIN A HESS P J COPIES MAILED 6/14/2011 -----------------------------------------------•-------------------- NOTICE OF APPEAL TO SUPERIOR COURT - BY JAMES K. LAWLOR/DEFT PRO SE -------------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1219 MDA 2011 ------------------------------------------------------------------- OPINION PURSUANT TO PA RAP 1925 - 9/12/11 - BY THE COURT KEVIN A HESS PJ - COPIES MAILED 9/13/11 ------------------------------------------------------------------- NOTICE MAILED TO JAMES K LAWLOR AND SHEETAL RAMESHA SHAH-JANI ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information civil Case rrinE 2 010 - 0411.6 C" ?'MORTGAGE INC (vs) LAWLOR JAN K ET AL Reference No..: Case Type ..... : J d REAL PROPERTY - MORTGA Filed........: Time........ 6/18/2010 3:21 u gment..... Judge Assigned: 204,113.27 Execution Date 0/00/0000 Disposed Desc.: ------------ Case Comments ------------ - Jury Trial.... Disposed Date. 0/000000 Higher Crt 1.: 1219MD 2011 * Fees & Debits Beq Bal **************************** Pmts/Ad Higher Crt 2.: End Bal **** *** * *** * ****** ******************* ************ COMPLAINT TAX ON CMPLT 55.00 50 55.00 .00 SETTLEMENT . 8.00 .50 8.00 .00 00 AUTOMATION JCP FEE 5.00 5.00 . .00 APPEAL HIGH CT 23.50 48.00 --------------- 23.50 48.00 ---- .00 .00 140.00 ----- 140.00 -------•----- .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY, FROP,RECORD In Testimony wt*go, Mere' unto set'my Nand and the of std ilt ; Pa. ma;a 2o? ?r ?? ? ? J Commonwealth of Pennsylvania County of Cumberland ss: 1, David D. Buell , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein CITIMORTGAGE INC Plaintiff, and JAMES K, LAWLOR LINDA A. LAWLOR In TESTIMONY WHEREOF, I have hereunto this 14TH Defendant, as the same remains of record before the said Court at No. 2010-4116 of Owiill Term, set my hand and affixed the seal of said Court day of SEPTEMBER A. D., 2011 Prothonotary I. Kevin A. Hess President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that David D. Buell , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotarv in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicatur as elsewhere, nd that the said record, certificate and attestation are in due form of law and made Vthe proper offil(er. Commonwealth of Pennsylvania County of Cumberland ss: PreNident Judge 1. David D. Buell , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A. Hess by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this 14T d of SEPT ER A. D. 2011 Prothnnotan No. Term 14 2010-4116 No. 1219 MDA 2011 Civil Term CITIMORTGAGE INC Versus JAMES K. LAWLOR LINDA A. LAWLOR EXEMPLIFIED RECORD From Cumberland County Debt, . . . $ Int. from Costs Entered and Filed Prothonotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county < '- 2010-4116 in the Commonwealth of Pennsylvania 2010-4116 1219 MDA 2011 to No. Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY CITIMORTGAGE INC vs. JAMES K. LAWLOR LINDA A. LAWLOR **SEE CERTIFIED COPY OF DOCKET ENTERIES** Karen Reid Brambleti, Esq. Middle District Pennsylvania Judicial Center Prothonotary P.O. Box 62435 Milan K. Mrkobrad, Esq. 601 Co mmonwealth Avenue, Suile 1600 Deputy Prothonotary Harrisburg, PA 17106-2435 (717) 712-1294 www. superior. court. stall e, pa, us CERTIFICATE OF REMITTAUREMAND OF RECORD C- -0 : rw TO: David D. Buell Prothonotary RE: Citimortgage v. Lawlor, J. ZIP 1219 MDA 2011 Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 10-4116-Civil Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 it the entire record for the above matter. Original Record contents: Item Filed Date Description Part September 19, 2011 1 Additional Item(s): Also enclosed is a certified copy of Superior Court Order dated December 30, 2011. Remand/Remittal Date: 02/07/2012 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need'' not acknowledge receipt. pectfully, e Milan K. Mrkobrad, Esq. Deputy Prothonotary /vsl Enclosure cc: Kimberly A. Boyer-Cohen, Esq. John Jacob Hare, Esq. The Honorable Kevin A. Hess, President Judge Mr. James K. Lawlor IN THE SUPERIOR COURT OF PENNSYLVANIA Citimortgage, Inc. (Cumberland County 10-4116-Civil) V. James K. Lawlor and Linda A. Lawlor No. 1219 MDA 2011 u z. Appeal of: James K. Lawlor ORDER AND NOW, this 29th day of December, 2011 the appeal in this matter is DISMISSED for failure to file a brief. Per Curiam TRUE COPY FROM RECORD A F E.B 0'2012 _f SupaiOi' Com. of PA - W"e DISIiet ~. PRAECIPE TO ENTER JUDGMENT ON THE ORDER P.R.C.P.3180-3183 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. JAMES K. LAWLOR LINDA A. LAWLOR Defendant(s) CIVIL DIVISION • ~~'~- / dw... NO. 10-4116-CIVIL TERM ~~:'~=, ~ w."" „~.~ 4r CUMBERLAND COUNTY ~ `'-~, :~.:~ -x- COURT OF COMMON PLEA ` • --- .~'~- PRAECIPE TO ENTER JUDGMENT ON THE ORDER To the Prothonotary: Kindly enter judgment on the Court Order dated 6/13/2011 in favor of the Plaintiff and against, JAMES K. LAWLOR and LINDA A. LAWLOR, defendant(s). As Set Forth in the Order $204,113.27 ...•.' 1.-...~ /"w 1•~ Phe Hallinan & Schmieg, LLP Jo . Kolesnik, Esq., Id. No.308877 ornev for Plaintiff ~µy ~~la. ~ (~ a~ ~~ ~ ~~sis ~, a$3~~s ~~~ ~~~~ ... ~ . ~, 1 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. SB/M To ABN Amro Mortgage Group, Inc. 1000 Technology Drive Mail Station O'Fallon, MO 63368-2240 Plaintiff vs. James I{. Lawlor Linda A. Lawlor 1031 Chelmsford Drive Mechanicsburg, PA 17050 Defendants AND NOW, this / 3' Court of Common Pleas Civil Division Cumberland County No. 10-4116-Civil ~ ~ :::~=, -Q 3 = -i rn~ 2~'' ~ C ~~ «~- ~- r ~•- -t p v ~-, ~• ~ -.-~ ,.7 ~... -y=. `r, f•p•.~ ORDER ~~~~~ ~ ~~~ day of Q~"''' , 2011 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, 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 Defendants, James K. Lawlor and Linda A. Lawlor, for $204,113.27 plus interest from May 15, 2010 at the rate of $28.7187 per diem and other costs and chazges collectible under the mortgage, far foreclosure and sale of the mortgaged property. Co t~~.s ma~~~~ A~ ~ . s~~~.ck ~// ~~~~ ~ ~ia~~r ~M BY THE COURT: ~ ~ J. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-4116 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, 1NC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From JAMES K. LAWLOR, LINDA A. LAWLOR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $204,113.27 L.L.: $.50 Interest FROM 5/15/2010 TO DATE OF SALE ($28.72 PER DIEM) - $29,495.44 Atty's Comm: °io Due Prothy: $2.25 Atty Paid: $a4 3 • SD Other Costs: Plaintiff Paid: Date: 11/16/12 David D. Buell, Prothonotary (Seal) - By: Deputy REQUES"PING PARTY: Name: JOHN li1ICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. COURT OF COMMON PLEAS S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff CIVIL DIVISION v. NO.:10-4116-CIVIL JAMES K. LAWLOR LINDA A. LAWLOR CUMBERLAND COUNTY Defendant(s) ~.., To the Prothonotary: ~ - FPLV ~ f 1 Issue writ of execution in the above matter: '~` r --. ~ .:~ Amount Due $204,113.27 -,~ ~:~ c~ '~! ~: - Interest from 05/15/2010 to Date of Sale $29,495.44 ''' ~ ~ ~. ($28.72 per diem) ~ ~ `~, ~ ~ ' TOTAL $233,608.71 P an Hallinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PHS # 239071 ~ ~ oy c~ GAF qa. ~~, ~, 1 ~ . SD `"' \~ •' ~ ~ sd ~a a ~~ ~~~ ash b , ~~. ~ ~~a~~~ ~ a$31~~ ~2t~ ~~ r~ ~~ ~,~a.Tss~ N ~ N ~ N ~ N N ~ rn .D O W O ~ ~ O W O 7 ~ T ~ Da laa c~ ~ v U= V ~ ¢ ~ ~ j 3~ a O ~ ~ 3~w ~ 3 ~ U ¢ U ~ o x Q - Mw Q o ~ zMw ~ o ~ U o o z ~ ~ o Q y, w H 1~`~ ~~ Oa a ~~ ~H ~ U ~~ ~ d 0o p w~ oo ~ 3w oa HQ.= aaw wo x~ ~ WQ w ~~ ~~ ~~ ~ ~V ~, Uv, ; tia a, t 0 M ~ o Z a .~ -a ao .~ ~- U x ~ ~ w ~~~ o ~~ ~~~r a W U 4. b ~' w ati LEGAL DESCRIPTION ALL that certain lot or tract of ground situate in Hampden Township, Cumberland County, Penna., more particularly bounded & described as follows, to wit: Beginning at a point on the western right of way line of Chelmsford Urive in the centerline of a SO foot P P & L Right of Way; thence along the western right of way line of Chelmsford Drive South 22 degrees 47 minutes 59 seconds East 93.38 feet to a point; thence along the same by a cwve to the right, said curve having a radius of 175.00 feet & an arc distance of 6.67 feet to a point being the norhteast corner of Lot # 101; thence along Lot #101 South 65 degrees 32 minutes 20 seconds West 106.97 feet to a point on the eastern line of Lot # 111; Thence along Lot #111 North 24 degrees 27 minutes 40 seconds West 100.00 feet to a point in the centerline of a 50 foot P P & L Right of Way: thence along the centerline of said right of way North 65 degrees 32 minutes 20 seconds East 110.00 feet to a point, being the place of beginning. Containing 10,855 square feet, more or less. Being Lot: # 100 on a final plan of Hampden Square Section I Phase I recorded in Plan Book 51 Page 2. Under and subject to a Declaration of Restrictions recorded in the office of The Recorder of Deeds, Cumberland County, Carlisle, Pa., in Miscellaneous Book 324 Page 37. Under and subject to a Final Resubdivision Plan, Section I Phase lI, Hampden Square, and recorded in the office of the Recorder of Deeds, Cumberland County, Carlisle, PA., in Plan Book 52 Page S2. TITLE 1'O SAID PREMISES VESTED IN James K. Lawlor and Linda A. Lawlor, his wife, by Deed from Alex DiSanto and Dona DiSanto, his wife, dated 02/17/1988, recorded 02/19/1988 in Book E-33, Page 848. PREMISES BEING: 1031 CHELMSFORD DRIVE, MECHANICSBURG, PA 17050-2192 PARCEL NO. 10-16-1056-025 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., ld. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~.~ T, . . ;,~ . CITIMORTGAGE, INC. ~~~ ~ ~~G11F~TL. S/B/M TO ABN AMRO MORTGAGE GRb~I~~; ~~~ y ~ ~~r~~:~~ Plaintiff ' v. JAMES K. LAWLOR LINDA A. LAWLOR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.:10-4116-CIVIL CUMBERLAND COUNTY 1'he undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan & Schmieg, LLP n Michael Kolesnik, Esq., Id. No308877 Attorney for Plaintiff . . CITIMORTGAGE, INC. S!B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. JAMES K. LAWLOR LINDA A. LAWLOR Defendant(s) (:OURT OF COMMON PLEAS CIVIL DIVISION NO.:10-4116-CIVIL CUMBERLAND COUNTY PHS # 239071 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1031 CHELMSFORD DRIVE, MECHANICSBURG, PA 1 7050-2 1 92. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) , r-~,> JAMES K. LAWLOR 1031 CHELMSFORD DRIVE ~ "~ MECHANICSBURG, PA 17050-2192 -~ r ~' ~ <M; .- LINDA A. LAWLOR 1031 CHELMSFORD DRIVE -~., ~-~° ~., MECHANICSBURG, PA 17050-2192 `~ °"~' - ~~ :~'r~ 2. Name and address of Defendant(s) in the judgment: :, ~ ~ ~ ~~, Name Address (if address cannot be reasonably _ t-; , ! = ascertained, please so indicate) - SAMF. AS ABOVE 3. Name and last known address of every judgment creditor whose judgment i~ a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH EX. REL. COUNTY OF CUMBERLAND 1 COURTHOUSE SQUARE ARLISLE, PA 17013 COMMONWEALTH EX. REL. COUNTY OF CUMBERLAND C/O STEPHEN D. TILEY, ESQUIRE PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE FREY &TILEY 5 SOUTH IIANOVER STREET CARLISLE, PA 17013-3307 P.O. BOX 280946 HARRISBURG, PA 17128-0946 P.O. BOX 280948 HARRISBURG, PA 17128-0948 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO BANK, N.A. 101 NORTH PHILLIPS AVENUE SIOUX FALLS, SD 57104 WELLS FARGO BANK, N.A. ATTN: DOCUMENT MANAGEMENT WELLS FARGO BANK, N.A. ATTN: SHARON WORDEN P.O. BOX 31557 MAC B6908-012 BILLINGS, MT 59107-9900 DOCUMENT PREPARATION 2335 BRIARGATE PARKWAY COLORADO SPRINGS, CO 80920 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) HAMPDEN SQUARE 3310 MARKET STREET DEVELOPMENT COMPANY CAMP HILL, PA 17011 HAMPDEN SQUARE 4309 LINGLESTOWN ROAD LIMITED PARTNERSHIP HARRISBURG, PA 17112 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1031 CHELMSFORD DRIV E MECHANICSBURG, PA 17050-2192 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~ ~2 By: Pan Hallinan & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. JAMES K. LAWLOR LINDA A. LAWLOR CIVIL DIVISION COURT OF COMMON PLEAS NO.:10-4116-CIVIL CUMBERLAND~C(NTY .. ~, .__ ;~ ` f Defendant(s) , ~ .__ ~` .--- - .. ,~, .~ L~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY `.~-c"~ ~- ~~",_°'; .~; J >~; TO: JAMES K. LAWLOR LINDA A. LAWLOR ~Fy 1031 CHELMSFORD DRIVE 1031 CHELMSFORD DRIVE ~-~ ~,~ ~:- MECHANICSBURG, PA 17050-2192 MECHANICSBURG, PA 17050-2192 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVEll A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1031 CHELMSFORD DRIVE, MECHANICSBURG, PA 17050-2192 is scheduled to be sold at the Sheriff s Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $204,113.27 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. "hhe sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I . If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot or tract of Bound situate in Hampden Township, Cumberland County, Penna., more particularly bounded & described as follows, to wit: Beginning at a point on the western right of way line of Chelmsford Drive in the centerline of a 50 foot P P & L Right of Way; thence along the western right of way line of Chelmsford Drive South 22 degrees 47 minutes 59 seconds East 93.38 feet to a point; thence along the same by a curve to the right, said curve having a radius of 175.00 feet & an arc distance of 6.67 feet to a point being the norhteast corner of Lot # 101; thence along Lot # 101 South 65 degees 32 minutes 20 seconds West 106.97 feet to a point on the eastern line of Lot # 111; Thence along Lot #111 North 24 degees 27 minutes 40 seconds West 100.00 feet to a point in the centerline of a 50 foot P P & L Right of Way: thence along the centerline of said right of way North 65 degees 32 minutes 20 seconds East 110.00 feet to a point, being the place of beginning. Containing 10,855 square feet, more or less. Being Lot # 100 on a final plan of Hampden Square Section I Phase I recorded in Plan Book 51 Page 2. Under and subject to a Declaration of Restrictions recorded in the office of The Recorder of Deeds, Cumberland County, Carlisle, Pa., in Miscellaneous Book 324 Page 37. Under and subject to a Final Resubdivision Plan, Section I Phase II, Hampden Square, and recorded in the office of the Recorder of Deeds, Cumberland County, Carlisle, PA., in Plan Book 52 Page 52. TITLE TO SAID PREMISES VESTED IN James K. Lawlor and Linda A. Lawlor, his wife, by Deed from Alex DiSanto and Dona DiSanto, his wife, dated 02/17/1988, recorded 02/19/1988 in Book E-33, Page 848. PREMISES BEING: 1031 CHELMSFORD DRIVE, MECHANICSBURG, PA 17050-2192 PARCEL NO. 10-16-1056-025 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4116-CIVIL CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. JAMES K. LAWLOR LINllA A. LAWLOR owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) 1031 CHELMSFORD DRIVE, MECHANICSBURG, PA 17050-2192 Parcel No. 10-16-1056-025 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $204,113.27 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia. PA 19103 215-563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 239071 ; ;, ~. DEFENDANT SERVICE TEAM/ 11th ~~~ JAMES K. LAWLOR COURT NO.: 10-4116-CIVIL '~fYi LINDA A. LAWLOR .~.a rr~ r_~ SERVE JAMES K. LAWLOR AT: TYPE OF ACTION 1031 CHELMSFORD DRIVE XX Notice of Sheriff s Sale ~ G MECHANICSBURG, PA 17050-2192 SALE DATE: March 6, 2013 ~'<'"~ C3 ~ SERVED ~= S_erve_d and made known to JAMES I ~. L WLOR, De enda 1t on the ~ --I ~ day of ~ ~ , 20 ~ ~ , ate C • ~S , o'clock ~ M., at CD ~ ~ ~ S~ ~' ~ r , in the manner described below: Defendant personally served. X Adult family member with whom Defe dant(s) reside(s). ~a Relationship is L l l Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) . Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: ..,,~ -, ~ - ~as © ~`M1 k"; i"'3 . w =~-'' SA 4.a`. "'r`~ ~ t -'` "~" ~_» k.- GJ Descl~riptiorr~n~,:, ~jAge +~ ~ ~S Height ~ ~ _ Weight ~ ~ y Race ~ Sex ~ _ Other I,~ll 2hlfJL~'~ +-~G(f~i s , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: , I ~ D ~ ~ ~ NAME: PRINTED NAME: C ~ 12-~~~ {~ ~ ~Ct 1i1'~ t ~' TITLE: ~~b CCU S S ~ ~'(/~!~'' NOT SERVED On the da of 20 , at o'clock _. M., I, , a competent adult hereby state that~e~'endyant 1yIiecause: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on _ at at _ Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRWTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 John M. Kolesnik, Esq., Id. No. 308877 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. PHS # 239071 DEFENDANT SERVICE TEAM/ lxh JAMES K. LAWLOR COURT NO.: 10-4116-CIVIL LINDA A. LAWLOR SERVE LINDA A. LAWLOR AT: TYPE OF ACTION 1031 CHELMSFORD DRIVE XX Notice of Sheriff's Sale MECHANICSBURG, PA 17050-2192 SALE DATE: March 6, 2013 SERVED S rued and made known to LINDA . L WLOR, fen ant on the ~ day of ~~~./~? t'r , 20 ~. at ~ ' ~ o clock ~. M., at IC ~, ( G ~ V-~~ ~ O(L~ C l` , in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). __ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: r*~ av +~ C"~"1 c'7 F W c~ [V ca i / Description: Age ~?~ S Height ~ ~ _ Weight 1 `f O Race ~ Sex ~ Other h ~ ~b e~:, ~{~~1~ a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~ ~ /t?~ ~ ~ 2 NAME: ~ ~ ~! PRINTEDJNAME: TITLE: 1 ~~~ ~ SS ~(i?-~b~T~ ~~rriS ~U'v~elr` NOT SERVED On the day of 20 , at o'clock . M., I, , a competent adult hereby state tha~~endant 1`dZSTFOLTI~bt;ecause: Vacant _ Does Not Exis[ _ Moved _ Does Not Reside (Not Vacant) No Answer on _ at at Service Refused Other: I understand that this statement is made subject to the penalties of ]8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. "Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 3 12314 John M. Kolesnik, Esq., Id. No. 308877 -~-~' t' ~~ Cf%{. ~,. -~_-~ ~< ~~ --1 _~ t °`>-- , .:.:, (::*~1 ~~ ~;::~ ~ f ~. , ..- PHELAN HALLINAN, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. JAMES K. LAWLOR LINDA A. LAWLOR Defendant(s) CUMBERLAND COUNTY Z p C COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-4116-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) d/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached he it "A" Date: Z14 6i "ael Kolesnik, Esq.. Id. No.308877 y for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 239071 ^' "L r? A w N r p %4D OD J Q1 (A . A w r j E i 1 F ?F X % ? * Y P ?F ?F + F ? F ?. e t -p w 5>C .? ? t' s vr 3 ?' ?n-n wr ,gyp ? 0: 33' n ?' ow?? ra r m roa -?. >a m r ?^' u,? o o zr ? ' ro x- >a ? > d ? Q.p aS;,? >> > `?a f Y_> o xAu?tn >? q? C?ma A O >-t ? 'erp ?a?y- nz i2' ? n z +iaXr>.,.? _ 4) r @yZ po y??Q w In,'? r 7o"i CC p r N. q? Z j C3"-.? ,cp ? gm 7cs?m oor.Q y ?t-.. v A° p .? t-lo • Yfi> >5 3 ? eb '? • z y Cw??? -?Zi ?t+7> 7Pr C?`'? to Nx copavm .?, !'• in y?zr 7Y ? j 70 3?p ? w.? 4°_ D r? .- 5 0 .-.., 7 o .. L? rz Am r?z .l, m r ?y ?+x_ p p Ing zm c 1 0 7 r ro t+7 ro>< ? ..4 pr >flm . p ?- D 9 p ? ,X Q S( O ? n S &G= f C- 3 n L?iCS o -i?= fl i >?n^ Z 2r7_m >O'? > Y?in a> ? m m'q r) R m? ?<z > 'a ^ < Y !m Mm e s 6rs ro a ro - -p v a' r I Pmo gg 7A z C Ct= ! 9 ¢Q mc.O 2 10 L] , - 0 o m °mto ? r' a', vS S A.` . C7 ? g a ^ t" tm R1 vn p dro 1 7 Q O sb 7"' 7 7 "'. !a ?7e t. ?'' 'P3 . i y? ? 7D :t l? 7C > 7P ?3a s i* m z to x m ro y4> x > >> Ca ? z r w t r ?e o t3 en is a rn n r + ra vn y< m x ? I ? r ? p ay ! ? ? W ffi CW 9y z ? 'C ?yjCO ' Cf w t4 ?''? ? 1. ? y ? 7u 0 ? y ? . } ? _ A • ? // ? 70 ] S G ? p ? G. p C C in c i p O O Z ? ? ? o .?.' ?'„ ? r r r t- f7 ti c g Y ? ? ?ffi . ., r c _c rl - - U 8_ RY , 5 I m R i ' n n G ..? 3 C. ", t17D a ? k 4 x .. ?. O ??yy ? if ? 1 A 3 91 A i ? a Q O O O O ?.g © p r x o'+ A s A &. A ,pp A y rA.. A. A A J+ i. A A . A A A A 4k A is y , t A M f O m E ?? m m ? 1 ? ? ? w ? I ws??r?alr?'. - - ?. ----- - zip 19103 It M? o>z CL to 1 P°ct o" G a >^ a r °r OWES E,W 010 OWL 11'!1 O001381 191 CDEC, 18 2012 i a Z w OG m M W N w g O , a X ? * * * ca z ?m t?st ??zD ?wz? m x ?;p- a a ? ? ? ? f ?f7t3 4? 7 d 0 > a ° R ?? 3 Q T a N n w . O !n9 d Gt ? R Y 171 M LA p w A W M m as ? a ?i v m - -. 3$ u ? ?: A5 ff' ?. o S? err• O Sci 3 P U ? Iii R -rye S9 3 f. 6 5 X L X Z +- Hr. ? i y @ = ?. !? G t T m n o ? ( A C Vi Q fig ® `4 9 c R. r " -- 1 m 3. r e OCL? CL b? o _ Y „o o 44. g Y 1 I a U S. ?CSTAGE * RTNkY 9OYVES {l ZIP 19103 $ 002,30° 02 Ill 00013811,41 JAN 10 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. : Court of Common Pleas ^x c1> Plaintiff -CP-' w _4 V. : Civil Division znt `} JAMES K.LAWLOR : Cumberland County C) r LINDA A.LAWLOR Defendants : No. 10-4116-CIVIL z fl c RONALD W. BENEDICT -r Co Third Party Purchaser/Respondent ` STIPULATION TO SET ASIDE SHERIFF'S SALE And Now, this day of ,2013 it is hereby agreed by and between CitiMortgage, Inc. s/b/m to ABN AMRO Mortgage Group, Inc. (hereinafter"Plaintiff')by and through its counsel, Lauren R. Tabas,Esquire and Ronald W. Benedict (hereinafter"Third Party Purchaser"), as follows: WHEREAS, Plaintiff commenced the instant mortgage foreclosure action on June 8, 2010 against James K. and Linda A. Lawlor(hereinafter"Defendants"); WHEREAS, an in rem judgment was entered in favor of Plaintiff and against Defendants on June 13, 2011; a J • , WHEREAS, a writ of execution was issued on November 16, 2012 and the property located at 1031 Chelmsford Drive, Mechanicsburg, PA 17050-2192 (hereinafter "Property") was sold to Third Party Purchaser for the amount of $227,750.00 at the July 10, 2013 Sheriff's Sale; WHEREAS, in settlement of the sheriff's sale, Third Party Purchaser tendered $238,036.56 to the Sheriff of Cumberland County; AND THEREFORE, each in consideration of promises to others to be legally bound, the Plaintiff and Third Party Purchaser agree as follows: 1. The Sheriff's sale of the Property held on July 10, 2013 to Third Party Purchaser is hereby set aside. 2. The Third Party Purchaser hereby relinquishes any rights and title it may have to the Property. 3. Plaintiff shall refund to the Third Party Purchaser, $232,655.00 within ten (10) business days of the entry of this Stipulation as an Order of Court. 4. Third Party Purchaser has had an opportunity to have this reviewed by an attorney and agrees to be bound by the terms thereof, and understand the same. 5. This stipulation may be executed in counterparts. 6. A facsimile version of a signature on this document shall be treated for all purposes as the equivalent of the origintauren kT 91d/ 3 6ak4b Date squire Attorney for Plaintiff 9 j,5 Date Ronald W. Benedict Third Party Purchaser PHELAN HALLINAN, LLP Lauren R. Tabas,Esquire,I.D.No. 93337 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 Email: lauren.tabas@phelanhallinan.com (215) 563-7000 Citimortgage,Inc. S/B/M To ABN Amro Court of Common Pleas Mortgage Group,Inc. 1000 Technology Drive Civil Division Mail Station O'Fallon,MO 63368-2240 Cumberland County Plaintiff c2 VS. No. 10-4116-Civil M mrn OO M M James K. Lawlor cz; Linda A. Lawlor C) 1031 Chelmsford Drive �<C3 M* ,;>C-) --.* C) Mechanicsburg, PA 17050 =6 — =-- (5 M Defendants CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Stipulation to Set Aside Sheriff's Sale was served by regular mail on the persons listed below: James K. Lawlor, Pro Se Ronald W. Benedict Linda A. Lawlor, Pro Se 1625 East Main Street 1031 Chelmsford Avenue Waynesboro,PA 17268 Mechanicsburg, PA 17050-2192 1 � ------------------ 4n R. a , Esquire Date aure _�s�uire Attorney for Plaintiff 732906 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas Plaintiff V. Civil Division JAMES K.LAWLOR Cumberland County LINDA A.LAWLOR Defendants No. 10-4116-CIVIL RONALD W. BENEDICT Third Party Purchaser/Respondent ORDER AND NOW this day of 2013, the attached Stipulation is hereby made an Order of Court and it is hereby ORDERED and DECREED: (1) The Sheriffs sale of July 10, 2013 of the property located at 1031 Chelmsford Drive, Mechanicsburg, PA 17050-2192, Tax Parcel No. 10-16-1056-025 to Third Party Purchaser is hereby set aside and void and the Sheriff is directed to stay the writ, nunc pro tunc. (2) The Third Party Purchaser hereby relinquishes any rights and title it may have to the property located at 1031 Chelmsford Drive, Mechanicsburg, PA 17050-2192, Tax Parcel No. 10-16-1056-025; and (3) The Sheriff of Cumberland County is directed to mark the Sheriff's Sale of the Property as stayed. (4) The Sheriff of Cumberland County is directed to refund to the Third Party Purchaser the funds being held for transfer tax, in the amount of $5,381.56, within ten (10) business days of the entry of this Order of Court. (5) Plaintiff shall tender to the Third Party Purchaser within ten (10) business days of the entry of this Order of Court,the balance of the sums tendered at sale, $232,655.00. BY THE COURT: J 2[13 OCT -8 AM l l: 33 CUMBERLAND COU ;..,,�; PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE,INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. : Court of Common Pleas Plaintiff v. : Civil Division JAMES K. LAWLOR : Cumberland County LINDA A.LAWLOR Defendants : No. 10-4116-CIVIL RONALD W. BENEDICT Third Party Purchaser/Respondent ORDER AND NOW this g ' day of 43 41.14w. , 2013, the attached Stipulation is hereby made an Order of Court and it is hereby ORDERED and DECREED: (1) The Sheriffs sale of July 10, 2013 of the property located at 1031 Chelmsford Drive, Mechanicsburg, PA 17050-2192, Tax Parcel No. 10-16-1056-025 to Third Party Purchaser is hereby set aside and void and the Sheriff is directed to stay the writ, nunc pro tunc. (2) The Third Party Purchaser hereby relinquishes any rights and title it may have to the property located at 1031 Chelmsford Drive, Mechanicsburg, PA 17050-2192, Tax Parcel No. 10-16-1056-025; and • • .■• (3) The Sheriff of Cumberland County is directed to mark the Sheriff's Sale of the Property as stayed. (4) The Sheriff of Cumberland County is directed to refund to the Third Party Purchaser the funds being held for transfer tax, in the amount of $5,381.56, within ten (10) business days of the entry of this Order of Court. (5) Plaintiff shall tender to the Third Party Purchaser within ten (10) business days of the entry of this Order of Court,the balance of the sums tendered at sale, $232,655.00. BY THE COURT: 7'=L J. yes /1241 LA_ J . Llua� . 102_ skziu.4 I o/e//3 ri SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i l ' S(J T hONLI Sheriff Q rton cC :uititicpf it Jody S Smith 1013 OCT —9 0, ' Cs i Chief Deputy CUMBERLAND COUNTY Richard W Stewart Solicitor ¢FACE of Tr+E SKERIFF PENNSYLVANIA * * A M E N D E D * * Citimortgage Inc. Case Number vs. 2010-4116 Linda A. Lawlor(et al.) SHERIFF'S RETURN OF SERVICE 12/28/2012 06:18 PM-Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1031 Chelmsford Drive, Mechanicsburg, PA 17050, Cumberland County. 12/28/2012 06:18 PM-Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: James K. Lawlor at 1031 Chelmsford Drive, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 12/28/2012 06:18 PM-Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be JAMES LAWLOR- HUSBAND, who accepted as"Adult Person in Charge"for Linda A. Lawlor at 1031 Chelmsford Drive, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/04/2013 As directed by Francis Hallinan,Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 05/01/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/10/2013 07/10/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on July 10, 2013 at 10:00 a.m. He sold the same for the sum of$227,750.000 to Ronald Benedict and Ronald Martin, 1625 East Main Street, Waynesboro, PA 17268, being the buyer in this execution, paid to the Sheriff the sum of$ 08/29/2013 Letter of Instruction received from Ronnie Martin, Purchaser at the 7/10/13 sale to hold off on filing the deed until further notice. Cab. 10/09/2013 As directed by the Order of court on the 8th day of October, the Sheriffs sale of July 10, 2013 of the property located at 1031 Chelmsford Dr. Mechanicsburg, PA 17050, to Third Party Purchaser is void. Therefore the writ is returned STAYED. SHERIFF COST: $5,850.81 SO ANSWERS, August 13, 2013 RONNY R ANDERSON, SHERIFF c - °ZS-- 1. Co.. ,sue (c)CountySuite Sheriff,Teleosoft,Inc. 9/ - -9t'`t '73 4H/I: 4 'F 'PSSA ND 'Q VA M1 ' T Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE ; Court of Common Pleas GROUP,INC. Plaintiff Civil Division V. CUMBERLAND County JAMES K.LAWLOR No.104116-CIVIL LINDA A.LAWLOR Defendant{s} PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: PHELAN HAL ,LLP By: Courtenay R.Dunn,Esq.,Id.No.206779 Attorney for Plaintiff PH#732906 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE : Court of Common Pleas GROUP,INC. Plaintiff Civil Division V. CUMBERLAND County JAMES K.LAWLOR No. 10-4116-CIVIL LINDA A.LAWLOR Defendants CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JAMES K. LAWLOR LINDA A.LAWLOR 1031 CHELMSFORD DRIVE MECHANICSBURG,PA 17050-2192 Date: PHELAN HAL ,LLP By Courtenay R. Dunn,Esq., Id. 06779 Attorney for Plaintiff