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HomeMy WebLinkAbout10-5938IY'I 1 t?Nlvv f ?V,?t?ilA Phelan Hallman & 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-Jam, 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 CITIMORTGAGE INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. KENNETH R. PECK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 5938 0v;l WJ* KATERRA L. PECK CUMBERLAND COUNTY 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421 Defendants CD CIVIL ACTION -LAW 442.00 Pa prry C?`1003a03 COMPLAINT IN MORTGAGE FORECLOSURE 240344 File #: 240344 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 240344 I., Plaintiff is CITIMORTGAGE INC. 5280 CORPORATE DRIVE, MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/23/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1396, Page 641. By Assignment of Mortgage recorded 06/13/2000 the mortgage was assigned to MORTGAGE ELECTONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment of Mortgage Book No. 646, Page 498. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2010 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 #: 240344 6. 7 The following amounts are due on the mortgage: Principal Balance Interest 01/0 1 /2010 through 09/01/2010 (Per Diem $14.5641) Attorney's Fees Late Charges through 09/01/2010 Property Inspections/Property Preservations Appraisal/Brokers Price Opinion Costs of Suit and Title Search Escrow Deficit TOTAL $70,878.44 $4,916.15 $650.00 $1,184.82 $706.07 $1,143.00 $550.00 672.75 $80,701.23 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 240344 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $80,701.23, together with interest from 09/01/2010 at the rate of $14.5641 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. PH AN HALLINAN & SCHMIEG, LLP By:?f ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 240344 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road, North 11 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HAVING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which Richard L. Sherman and Dorcas M. Sherman, husband and wife, by deed dated July 2, 1971 and recorded July 2, 1971, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book'D', Volume 24, Page 977, granted and conveyed to Larry L. Lehman and Claudia J. Lehman, husband and wife, the Grantors herein. PARCEL NO: 40-31-2185-041 PROPERTY ADDRESS: 314 ZION ROAD File #: 240344 VERIFICATION Amy L. M :yt r hereby states that he/she is Foreclosure Analyst of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, 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. Name: DATE:q I A to Title: sure Anal Servicer: CITIMORTGAGE, INC. PHS#: 240344 Name: PECK SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~y~~tits~ of C:u+uf~~~~~r~~ Jody S Smith Chief Deputy ~ ~ ~-~ , ,~ Richard W Stewart Solicitor t,FEicF;r ~~``>~~~~~~ Citimortgage Inc vs. Kenneth R. Peck (et al.) Case Number 2010-5938 SHERIFF'S RETURN OF SERVICE 09/28/2010 05:08 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2010 at 1708 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Katerra L. Peck, by making known unto Kenneth R. Peck, Husband of defendant at 314 Zion Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. DENNIS F Y, DEPUT,IG 09/28/2010 05:08 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2010 at 1708 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenneth R. Peck, by making known unto himself personally, at 314 Zion Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.30 September 29, 2010 DENNI FRY, DEP SO ANSWERS, RON ~ R ANDERSON, E F '~~ -~ d --a u,' s %~ ~ ~~ ~ ~~ , o ~, ~ r`„~ ~ "'! c~ ~ ~ :+~ ~,, ici CountySuite Shentt. Teleosoft. Ino. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC 5280 CORPORATE DRIVE MS 1011 FREDRICK, MD 21703 Plaintiff CIVIL ACTION -LAW v. NO. 10-5938 Civil Term KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421: Defendant ~ ~ ~ ~ ~ ANSWER ° `--~~ e~-, ,;~~ ~ e~ -- -~, , -~ ~ ~ , =~~ 1. Admitted. __~ca ~ 2. Admitted. ``' `~`' ~..:,~ 3. Denied. Defendant requires an offer of proof of all alleged payments made by Defendant on the mortgage so that Defendant can calculate the amount allegedly owed. Defendant demands an accounting to establish the said balance. 4. Denied. Defendant requires an offer of proof of all alleged payments made by Defendant on the mortgage so that Defendant can calculate the amount allegedly owed. Defendant demands an accounting to establish the said balance. ,,~,. 5. Denied. Defendant requires an offer of proof of all alleged payments made by Defendant on the mortgage so that Defendant can calculate the amount allegedly owed. Defendant demands an accounting to establish the said balance. 6. Denied. Defendant requires an offer of proof of all alleged payments made by Defendant on the mortgage so that Defendant can calculate the amount allegedly owed. Defendant demands an accounting to establish the said balance. 7. The averments in this paragraph call for a conclusion of law to which no response is required. The same is therefore deemed denied. 8. Denied. Defendant demands an offer of proof that Plaintiff in fact sent to Defendant a combined Act 91 and Act 6 Notice. WHEREFORE, Defendants respectfully requests that judgment be entered for them on Plaintiff s claims and the same dismissed with prejudice. y submitted, James Vincent Natale, Esquire, ~D #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant VERIFICATION JAMES VINCENT NATALE, ESQUIRE, hereby states that he is the attorney for the Defendant in this action and verifies that the statements made in the forgoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn James Vincent Natale attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC 5280 CORPORATE DRIVE MS1011 FREDRICK, MD 21703 Plaintiff CIVIL ACTION -LAW v. NO. 10-5938 Civil Term KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421: Defendant CERTIFICATE OF SERVICE I served this Answer by U.S. Mail, postage prepaid, at 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003 on Mark J. Udren, Esq., the attorney for the Plaintiff, CitiMortgage Inc on October 29, 2010. I declare under penalty of perjury that this information is true. Date: ~ ~-Z-tl` - l ~ „~(~-~~ ~Q(. .( Server's Signature ~--~~~ ~ ~S ~-~ ~ Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address iHNG 0"i 11 Mrl 29 Ail 10: 13 . HBPRLAN@ C0U14T"T' PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. 5280 Corporate Drive MS 1011 Frederick, MD 21703 Plaintiff VS. Kenneth R. Peck Katerra L. Peck 314 Zion Road Mount Holly Springs, PA 17065 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-5938-Civil Term 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, Kenneth R. Peck and Katerra L. Peck, 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. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1396, Page No. 641, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. 6. The Mortgage was assigned to Mortgage Electronic Registration Systems, Inc. Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Book No. 646, Page No. 498. A true and correct copy of the Assignment to Mortgage Electronic Registration Systems, Inc. is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 7. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Instrument No. 201018045. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A3. 8. The Mortgage is due for the February 1, 2010 payment, a period in excess of fourteen (14) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. Defendants' default is also evidenced by Plaintiffs loan history, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit F. 10. The last payment applied to the Defendants' mortgage was on or around March 31, 2010. Plaintiff applied this payment to Defendants' account for the delinquent January 1, 2010 payment, as is evidenced by the attached loan history on Defendants' account. See Exhibit F. The account remains due and owing for the February 1, 2010 payment. Furthermore, Defendants have not provided proof of any payments they might have made. 11. Plaintiff has complied with Act 6 of 1974, 41 P.S. §403(a), and Act 91 of 1983, 35 P.S. §1680.401c, by sending Defendants the combined notice provided for under .Act 91. A true and correct copy of the combined notice along with proof of mailing is attached hereto, made part hereof, and marked as Exhibit E. 12. 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. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program along with proof of mailing is attached hereto, made part hereof, and marked Exhibit E. 13. Defendants have failed to sustain their burden of presenting facts which contradict the averments of Plaintiffs Complaint. 14. Plaintiff submits that its request for attorney's fees is reasonable. Plaintiff will address this issue further in its attached Brief. 15. 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. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 3 IT 5j? ii By: Schalk, Esquire for Plaintiff EXHIBIT A Cary WHEN RECORDED D1AIL TO IT n. 71l'cLER U.S, Prop & Appraisal r,gr.„E D; DEEDS 5370 Washington Pike ;,•lr;_Ii'AII000IitiT,'.-FA Bridgeville, PA 15017 Loan Number : qxmw '9'1 JUI. 3I R(9 10 ,019 MOn?'(:A(,E' T1vV pTnftS r:OE?E, ES '1'. ';'AYLr);; 5959 'EN'rRAf, AVi?,STIiION ST. PETgR913URG ?171U •?O? tl --ISpatt Atwve 7TN WeFor Aee?rni??„tol _ MORTGAGR THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS MORTGAGE ("Security Instrument') is given on July 23 , 1997 The mortgagor is Kenneth R. Peck and Katerra L. Peck, Husband and Wife Mortgage Investors Corporation ("Borrower'), This Security instrument is given to which is organized and existing under the laws of Ohio and whose address is 5959 Central Avenue, Suite 103, St. Petersburg, PL 33710 , ("Leader"), Borrower owes Gender the principal sum of EIGHTY-SIX THOUSAND FOUR HUNDRED SIXTY DOLLARS AND 00/100 Dollars (U.S. $ 86,460.00 ). This debt is evidenced by Borrower's note dated the saint date as thi) . Security Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2027 , 7his Security Instrument accures to Lender; (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the perfonnanca of Borrowv's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrows does hereby mortgage, grant and convey to Lender the fallowing described property located in Cumberland SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF County, Pennsylvania which has the address of 31.4 Z:.on Rd. (sxrtl Pennsylvania 17065 ("Property Address"); 0P Goes; PENNSYLVANIA Singtc Family •-IJ?tsrm lnatrument nuts, nisr, (Page I ofa pngu) I floox 1,396 FAUE 641 Mt. Holly Springs ICayl wrwrswao ¦ rot cmnom, sapswtouat.r ns.rsi-ten nGios nnrn a nG Sot inn ('I IMRFRI ANO COUNTY Inst.# 199720471 - Page 1 of 8 TOGFTHER WITH all the improvements now of herealter crocted on the property. and all casements, appunctancis, an,: fixiores now or hereafter iipart of the pro?!eny. All replacements and additions shall also be covered by this SmuriU Instrument. All of the foreeggoingg is referred tom this Security faslrumcni as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate herchy conveyed and has the right u. mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of rccor?i, Ron- warrants and will defend generally the title to Ilse Propeny against all claims and dcmaacb,. subject to nm• encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use sad non uniform covenants with limit,:. varilibrus by jurisdiction to a stitum a uniform security instrument covering real property. UNIFORM CO ZT'S. Borrower and Leader covenant and agree as follows: 1. Payment of Principal and Interest; Pispa)mead and Late Charges, Borrower shall promptly paY when clue n•? principal of and interest on the debt evidenced by the Note and any prepaymenl and late charges dim under the Nola. 2. Funds for Taxes mind Insurance. Subject to applicable law or to it writlea waiver by Lender, Borrower shall pay to Lender on the day monthly payments arc due under the Now until the Note is paid in full, a sum ("Funds") for. (a) ycarly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly laaeholcl payments or ground reins on the Property, if any: (c) yearly hazard or property insurance premiums; and (d) year) flow Insurance prcmitum, if any. These items are called "Escrow llem t." Leader may, a any tithe, coBee and bold Funds in an amount not to exceed the tnaxlmum amount a lender for a federally related mortga o loan may require for Borrower's eaerrnv account under the federal Real Estate Settlement Procedures Act of 174 as amended from time to tittle, 12 U.S.C. § 2601 er m . ('RESPA"), unless another law that applies to the Funds sets a lesser amount. If an, Lender may, a; any time, collect and hold Funds it an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data end reasonable estimates of expenditures of future Escrow Items or otherwise in accordance wiOi applicable law. The Funds shall be held in an institutiua whose deposits are insured by a federai ugency, instrumentality, or crtir;- (including Londe, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pad the Escrow Items. Leader may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Itcros, unless Leader pays Borrower interest on the Funds and applicable law permits Leodc; to make such a charge. However, Lender may require Borrower to pay a one-time chaps for an Independent mat estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless as agmonuai is made or applicable law requires interest to be paid, Lender shall not be requbed to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, ati annual accounting of the Funds, showing credits and debits to the Funds and the purpose it,, which cacti debit to the Funds was made. The Funds am pledged as additional security for all sums secured by this Securir ? Instrument. If the Funds held by Lender exceed the aireunts permitted to be held by applicable law, Lender stall account to Borruww for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by 1-coder at asp time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender ilia amount necessary to make up the def iency. Borrower shall make up the deficiency rot r.: more than twelve monthly payments, at Lender's sole discretion. Upon payment in full or all surns aecured by this Security Instrument, Lender shall promptly refund to Horruwcr Funds held by Lender. If, under paragraph 23, Leader shall acquire or sell the Property. Lander, prier to the acquixiiimi sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against thr suw. secured by this Security Instrument. 3. A cation of Payments. Uniess applicable law provides otherwise. all payments icceived by Lender Lin(- paragraphs I and 2 shall be applied: first, to nay prepayment charges due under the Note; second, to amounts payable undo paragraph 2; third, to interest due; fourth, to principal due: and law, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to +h•- Prnperty which may attain priority over this Security Iasimismat, and teawlro d payments or ground rents, if any. Borowc, ,list) pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay thent or. time directly to the person owed paymew. Borrower shill promptly furnish to Leader all notices of amounts to be paid uadrr this paragraph. If Borrower makes drew payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly dixcharge any lien which has priority ova this Security Instrument unless Burrower: (a) agree:: in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good fair[,t],e lien by, or defends against cnforcnneni of the lien in, legal proceedings which in the Leader's opinion operate to prevent the enforcement of the lien: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to :his Security Instrument. If Lender determines that any pan of the Properly is subject to alien which tray attain priority ave. this Security Instrument, Lender may give Borrower a aatiec identifying the lien, Borrower shall satisfy the lien or take one , olom of the actions sal forth above within 10 days of the giving of notice. S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafcr erected on J,c Property ins red against loss by fire. hazards included within the term "extended coverage" and any otlier hazards, includiee ,')nods or flooding, for which Lender requires insurance, This insurance Mind be maintained in the amounts stetI 80OXI 96PAGE 642 il_NZ<Inr2 p51t1 (Pnxe7o/b poge?j !.1G1-5]0.9]]]O-11-1-':•. nsnsronsn o'nt so aaa (:I IMRFRI AND R011NTY Inst.# 199720471 - Page 2 of 8 for the period. that Lender requires. ne insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be umrastmably withheld. If Borrower fails to maintain coverage described above, Lender may, at tender's option, obtain coverage to protect dander's rights in the Properly in accordance with paragraph 7. All insurance policies and renewals shell be acceptable to Lender and stall include a standard mortgage clause. Lender shall have the right to hold abe pvticics and renewals. If Lender squires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the errant of loss, Borrower ahall give prompt notice to the insurance carrier and fender. Lender may make proof of loss if ant made promptly by Borrower. Unless Lsmler and Borrower otherwise agroe in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feaable and lender's security is not Iwesed. If the restoration or repair is not economicalty feasible or Leader's security would be lessened, the insurance proceeds aha l be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property. or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then lendeir may collect the insurance proceeds. Lander may use the proceeds to repair or restore the Properly or to pay sums secured by this Security Instrument, whether or not theft dtta. The 30-d period will begin when the notice is given. Unless Lender end Borrower otherwise agrae in writing, any application of proceeds to principal shall not extend or postpone the duc data of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 23 the Property is acquired by leader, Borrower's right to any insurance policies and proceeds resulting from damage to the Properly pnm to the acquisition shall pans to Leader to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower'. Loan Application; Leasehadds. Borrower shall occupy, esubffsb, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for it least one year after the date of omupancy, unless Lender ml ctwise agrees in writing, which consent shall 1101 be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture anion or proceeding, whether civil ter criminal. is begun that In Lender's good faith judgment could result in forfeiture of the Property or othcwise materially impair the lien created by this Security Instrument or Lender's security irtant. Borrower may cure such a dofauh and reinstate, as provided in paragraph 17, by causing the action or proceeding to be dismissed with a n4ing that, in lender's good faith detmninatien, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Leader (or failed to provide Leader with any material information) in connection with the loan evidenced by the Note, including, but not limited to, repreaemations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a laasehold, Borrower shall comply with all the provisions of the Jesse. if Borrower acquires fm title to the Property, the Jeasehold and the fee title shall not merge unless L.esda agrees to the merger in writing. 7. Protactlon of Lanais Rights in the Property, U Borrower fails to perform The covenants and agrcanents contained in this Security Instrument, or Btae is a legal proceeding that may significantly affect Lender's rights in the Property (such as a prorecdsog in bankruptcy, probate, for condemnation or forfetnm or to enforce laws or regulations), then Lender may do and pay fan whatever is necessary to protect the value of the Propeny and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Innrum m, appearing to court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do an. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Leader agree to other terms of payment, the= amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Inspection. Leader or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. Mw proceeds of any award or claim for damages, dinxi or consequential, In connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Leader. In the event of a total taking of the Property, the proceeds shall be applied to the sums seared by this Security instrument, whether or not then due, with my excess paid to Borrow=. In the event of a partial taking of the Property in which the fair market value of the Property immediately before tux taking is equal In or greater dram the amount of the sums secured by this Security Inswmcnt immediately before the taking, unless Borrower and lend= otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total emmrnt of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Brower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lcnda otherwise agree in writing or unless applicable low otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. 111301396PACE 643 TEM amJGa Nstn (Pager f6 pea.,j I. 0...W. tam.SJp;Jr1p ufirn.wna -1-ran1 n 0 nc cn non r`I IAARPPI atgn flit INTY Inst.# 199720471 - Pace 3 of 8 If ilro Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor olfers to make :. award or settle a claim for damages, Borrower rails to respond to Lender within 30 days after the droc the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to reslomlion or repair of the Property or to !q„ sums secured by this Security Instrument, whether or not then due. Unless Lender trod Borrower otherwise agree in writing, any application of proceeds to principal shall riot catcoo postpone the due date of the monthly payments mficrmet to in phs I and 2 or change the amount of such payments. To. Borrower Not Released; Forboamm By 0= mt it Waiver. Extension of the time for payment „. nradificalion of amortization of the sums secured by this Securhy Instrurrteat granted by Leader to any successor in Intel,!,,,, of Borrower shell not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment ur otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by rh:. original Borrower or Borrower's successor is interest. Any forbearance by fender in exercising any right or remedy sham. not be a waiver of or preclude the exercise of any right or remedy. 11. Successors rind Assigtn Bound; ]okid and Several Liability; CO-signers. The cumnants and agreements of ter.. Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provision, t, paragraph 16. Borrower's covenants and agreements shall be joist and several. Any Borrower who co-signs this Seclinly Instrument but does not execute the Noe: (a) is co-signing this Security instrument only to mortgage, grant mad convey ;hat Borrower's interest in the Property under the terms of this Saucily Instrument; (b) is not personalty obligated to pay the sum:: sccurcd by this Security Instrument and (e) agrees that Lender and any other Borrower may agree to extend, modify; folbeu: or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrnms' consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charge and that law is finally interpreted an 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 shill be reduced by the amount necesamry to reduce the charge to the pemrtted limit; and (b) env sums already collected from Borrower which exceeded perminod limits will be refunded it Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direr:[ payment to Borrower. If a refund reduces principal, the reduction will be treated as u partial prepayment withcut ;rr prepayment charge uader ft Note 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it tar r' mailing it by lust data mail unless applicable law requires use of another method. The notice shall be directed to the Proper. ., Address or any outer address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Leader deadgnates by notice to Borrower. Any notice provided for iht this Security Instrument shall be deemed to haver been given to Borrower or lender when given as provided in this paragraph. 14. Governing Law; SevaahBBy. This Security Instrument shall be governed by fedeal law and the law or .hr jurisd icion in which the Property is located. If the indebtedness secured hereby is guaranteed or insured under Titie iN United States Code, such Title and Regulations issued thereunder and I. effect on the date hereof shall govern the rights. duties and iiabiliiks of the parties herein, and any provisions of this or other instruments executed in connection with said indebtedness which are Inconsistent with said Title or Regulations am hereby amended to conform thereto. In the event that tiny provision or clause of this Security Instrument or the Note conflicts with applicable law, xuci. conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without rhr conflicting provision. To this end the provisions of this Seeuritqq Instrument and the Note are declared to be m-rabic_ 15. Borrower's Copy, Borrower shag bo given one coafermed copy of the Note and of this Security Inatrumam. 16. Transfer of the Property. This loan may be declared immediately due and payable upon transfer of the Proper securing such loan to any transferee, unless the acceptability of the assumption .f the loan is established pursuant 1. Secii- 3714 of Chapter 37,'rille 35, United States Code. If Lender exercises this option, Lender shall give Borrower notice of occeleraiou. The notice shall p ovule u period or .,: less than 30 days frna the dale the notice is delivered or mailed within which Borrower must pay all sums secured by ;;it!. Security Instrument. If Borr.wef fails to pay these ems prior ro the expiration of this period, Lender may invoke act. rcmedirs peemitied by this Security insirummrt without ttatlru notice or demand on Borrower. 17. Borrower's Right to Reinstall. If Borrower meets certain conditions, Borrower shall have [the right is h.:::- cnrorcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period a. applicable law may specify for reinstatement) before sale of fire Property pursuant to any power of sale contsincd in thl:- Security Instrument; or (b) entry of a judgment enforcing Ibis Sewruy Instrument. Those conditions are that Borrow. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no amellemu.u hoc. occurred; (b) curs any default of any other covenants or agrcements; (c) pays all expeases iacurred in enforcing this Secu,ii. bastrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably, require to assure that the lien of this Security lostrumcat, Lender's rights in the Property and Borrower's obligation to pay th, sums secured by this Security Instrument stall continue unchanged. Upon reinstatement by Borrower, this Securit; lnstmmcnt and the obligations secured hereby shall remain fully effective as if no aeeelerotion had occurred. However, z1- I. right to rciastare shall not apply in the ease of acocleration under paragraph 16. 13, Sale or Note; Change of Loan Stervleer. The Note m a partial interest in the Note (together with this Sccurit. Instrument) may be sold one or more tines without prior notice to Borrower. A sale may result in a change in the ran it. (known as the "Loan Servicer") that ..)feet. monthly paymxnls due wader the Note and this Security Inwrumerri.'llmre o'z= rem znw,. o*munua, a Kasen (PegeJ /e r><+grrr e, u: ?, ..wi?sw.uuarn e,e.tv?.. . BOOKU96PACE 644 r''^c'e^ ^"A RI IMRFRI ANh Rol INTY Inst.# 199720471 - Page 4 of 8 may be one or more changes of the Loan Servict r unrelated m a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wrinen notice of the change in accordance with paragraph 13 above and applicable law. It= notice will state the name and address of the new Loon Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 19. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or micas, of any Hazardous Substances on or in the Property- Borrower shall not do, nor allow Payout else to do, anything affecting the Property that is in violation of any Eoviroamurtal Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of amall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Leader written notice of 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. If Borrower leama, or is notified by any governmental or regulatory authority, that any removal or other =mediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 19, "Hazardous Substances" era those substances defined as toxic or hazardous substances by EnAroamcatal Law sad the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive mandate. As used in this paragraph 19, °Enymninicntal Law" means federal taws and laws of The jurisdiction where the Property is located that mlutc to health, safel y or ci vironutcnral protection. 20. Funding Fee. A fee equal to oar-half of one percent of the balance of this loan as of the (laic of transfer of the Property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the auumcr fails to pay this fee et the time of tnessfer, the fee shall constitute an additional debt to that aircady secured by this instrument, s1a1) bear We= at the rate herein provided, and, at the option of the payee of the indcNadneu hereby secured or any translate, thereof, shall be inunediNely due and payable. This fee is automatically waived if the ass ancr is exempt. under tiro provisions of 38 U.S.C. 3729(c). 21. Processing Charge, Upon application for approval to allow assumption of this loan, a protesting fee may be charged by the loan holder or its Authorized agent for determining the creditworthiness of the assumer and subsequently revising The holder'a ownership records when an Approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38. United States Code applies. 22. Indemnity Llability. If ibis obligation is assumed, then the assumer hereby agrees in assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the. extent of may claim payment arising from the guaranty or insurance of the Indebtedness created by this instrument. NON-UNIFORM COVENANTS. Borrower And Leader further covement and agree as follows! 23. Arxderation; Remedies. Lender ahan give rustics to Borrower prior to acceleration following Borrower's breach of any covenant or Agreement In this Security Instrument (bat not prior to acceleration under paragraph 16 unite applicable law provides othenrYe). Lender shall notify Borrower of, among other thinipin (a) the default; (h) the action required to care the defm8= (e) when the def rsit mast be cured; and (d) that failure to cure the default not spadned may result In acceleration of the sumo secured by took Security Instrument, foreefnsure by Jadkhd proceeding and sale of the Property. Laxler eba6 further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceodirig the non-existealce of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leader at Its option may require Immediate payment In full of all same secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect e.8 expenses Incurred In pursuing the remedies provided In this paragraph 23, Including, but not limited to, attorneys' fern and costs of title evidence to the extent permitted by applicable law. 24. Reiesae. Upon payment of all sums secured by this Security Instrument, this Scewity Instrument and the estate conveyed shalt Terminate and become void. After such recurrence, Lender shall discharge and satisfy this Security instrument without charge to Burrower. Borrower shall pay say recordation costa. 25. Walvers. Bri ewer, to the extent pannitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time. exemption from auschmcnt, levy and sale, and homestead exemption. 26. Rehxintement Period. Borrower's time to reinstate provided in paragraph 17 stroll extend to are hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 27. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lout to Borrower to acquire title to the Property, this Security Instrument shell be a purchase money mortgage. 28. Interest Rate ARer Judgment. Borrower agrees that the interest rate payable after a judgment is entcmd on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. rtEM Y4ralr a5rr1 (Pearl ef6 parefJ Tl awrf .. 1100• OS9E?nANn! ntWSrgralrlln.r„r BooK f 396 PAGE 645 ^.^G.r;^ - rl IASRFRI &Kin ('hl INTV Inst.# 199720471 • Paae 5 of 8 29. Riders to this Security Ittstrument. If one or more riders am executed by Burrower and recorded together -,vrt!:it .. Security Instrument, tlro covenants and agreements of cacti such rider shall be incorpora!ed into and shali :nncnd supplement the eoveoan s and agreements of this Security Instrument as if the rider(s) were a pan of this Seeerity hsit1i ii ;Check applicable box(es)] El Adjustable Rate Rider ]C Othcr(s) [specify] Assumption Ride:[ Graduated Payment Ritter BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through G of sh:r. Security InsI ment and in any rida(s) execute) by Burrower and recorded with it. (Seal} enneth R. Peck -sa,ro.rr a erra L. P k (Seal) W itncss: Witness: COMMONWEALTH OF PENNSYLVANIA, ?r.(/1,i la", Cnunty ss: Oa this, the _).3 I' day of thou tuaig ofttca, personally appeared Kenneth R. Peck and Katerra L. Peck, Husband and wife known to ato (ur sm isl:wmr!i , proven) to be the persona whose as=s are subscribed to the within instrument and aeknow6edii- that they executed the same for the purpose herein coutaincd. IN WITNESS WHEREOF, I hereunto set my hand and official scat. My Cotmuissionexpires: b-_Z-x'000 V Baal Af!5,.CERTIFICATE OF RESIDENCE I. dl_Q (.t/(C(flSDua Mly .A 44drA 006 do hereby certify that the correct address of the within named leaderhs 5959 Central Avenue, Suite 103, St._ Petersburg, FL 33710 Wimessmyhan ttl'p3xX'?dayof [ [C{?j A Agent of Lender B00K13_Q6PAGE 649 ceu znas tssrn (Pa;c a, a .ue cns?rtu:u¦ 9 rarr,t o„a, ?rane_o-ssam rn sio-ru.,u rl JmRr pi Amn not iKiTV Inst.# 199720471 - Paqe 6 of 8 ESCI h}bit A All that certain tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. Beginning at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 23Q08j thence along an unnamed alley, South 78 degress'50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South it degrees 10 minutes Nest 80 feet to a point on the north aide of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes Nest 180 feet to a point on the east aide of Township Road 520; thence along said Township Road North 11 degrees 10 minutes East 80 feet to a point, the Place of Beginning. I.D. # 40-31-2185-041 "Dead Source: Book 108, Page 190" UGT Porn 134 BOOKIv96 PAGE 647 n,ios ronin o.n,.,o ono C# IMRPRI AND COUNTY Inst.# 199720471 - Page 7 of 8 OAN NO. -1LEN ER`S LUAN Nn VA HOME LOAN ASSUMPTION RIDER TO DEED OF TRUST / MORTGAGE This VA Loan Assumption Rider is made this 23rd day of July 1997 and a:re n:L. the provisions of the Deed of Trnat / Mortgage, (the "Security Instrument") of the some date, by and het and Kenneth R. Peck and Katerra L. Peck wn ! Mortgagors, :. Mortgage Imestora Corporatio: lilt 'T ns '[-he Beneficiary / Mortgagee, ;o Folloua Adds the following provisions: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, This loan may he declared immediately due and payable upon transfer of the property securing such loan to un, transferee, unless the acceptability of the assumption of the loan is established pursuant to section 3714 of Chapte.: 37, title 38, United States Code. A. Funding Fee. A fee equal to one-half of 1 percent of the balance of this loan as of the date of uanst- of the property shall be payable at the time of transfer to the loan holder or its authorized agent, a. trustee for the Department of Veteran's Affairs. if the assumer fails to pay this fee at the time c1 transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall b-, interest at the rate herein provided, and, at the Option of the payee of the indebtedness hereby seats: or any transferee thereof, shall be immediately due and payable. This fee is uutomatiwlly waived 6f assumer is exempt under the provisions of 38 U.S.C. 3729 (bj. D. Processing Charge. Upon application for approval to allow assumption of this loan, u processing le,: i, be charged by the loan holder or its authorized agent for determining the croditworthinass of 's sasumer and subsequantly revising the holder's ownership records when an approved eransecr completed. The amount of this charge shall not exceed the maximum established by the Deparun4ml Veterans Attains for a loan to which section 3714 of Chapter 37, Title 38, United States Codc appli- C. Indenmiq' liability, If this obligation is assumed, then the assumer hereby agrees to assume 311 (It th:- obligations of the veteran under the terms of the instruments creating and securing the loan., Including, the obligation of the veteran to indemnity the Department of Veterans Affairs to the extent of any clan.:; payment arising from the guaranty or insurance of the indebtedness created by this instrument. GUARANTY: Should the Departnent of Veterans Affairs fail or refuse to issue its guaranty in full amount with:,; 60 days from the date that this loan would normally become eligible for such guaranty committed upon by ti,:: Department of Veterans Affairs under the provisions of Title 38 of the U.S. code *Veterans Benefit,,", :r Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immedfalel, or may exercise any other rights hereunder or take any other proper action as by law provided. IN WITNESS W EREOF, Truster 7 rtgagor has executed this VA L n gssu inpnur Rider. Signatur u or(s) f v,..... ! ? / j . nne ?- - a ?u Go3 bow ..t,a:) ,r,l c, , ,,t terra L- EAdK -a Jet, iaaliNabltstaahm• tniadyn. --_ -- ?Af bp0 _zmlA4,alch, Penn `Of94051 r iaYylOa? 1i60K??96fACE 648 nsnv9nin Q n5 siiQ AM CUMBERLAND COUNTY lnst.# 199720471 - page 8 of 8 EXHIBIT Al Loan # Case # NOTE 5 ?: W THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. July 23, 1997 (Date] Mechanicsburg Pennsylvania (City] [State] 314 Zion Rd., Mt. Holly Springs, PA 17065 [Prot-y Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 86,460.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Mortgage Investors Corporation I understand 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 7.500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. . I will make my monthly payments on the 1st day of each month beginning on September 1, 1997 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. My monthly payments will be applied to interest before principal. If, on August 1, 2027 , 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 5959 Central Avenue, Ste 103, St Petersburg, FL 33710 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 604.55 4. BORROWER'S RIGHT TO PREPAY I have the right to prepay at any time, without premium or fee, the entire debt evidenced by this Note, or any part thereof not less than the amount of one installment, or $100.00, whichever is less. Any prepayment in full of the debt shall be credited on the date received, and no interest may be charged after that date. Any partial prepayment made on any day other than an installment due date need not be credited until the next following installment due date or 30 days after the date of the partial prepayment, whichever is earlier. MULTISTATE FIXED RATE NOTE - Singic Family - Uniform Instrument F3REATLMO 0 ITEM3419L1 (0611)-- 1-800-630-9393OFU616-791-1131 6 RFRRECS GOVT 0000000 WOLFEL NOWCH IWPWD03 ,,..?., ,. A 505003014 KENNETH R PECK 1401 HU84745 IIIIIiII III III II III VIII IIIII IIIII NN! Ilill IIIII III! IIII III I! VIII IIII IIII I INI IN??????? N ? 5. LOAN CIIUIRGES 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: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) 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 1 owe under this Note or by making a direct payment to me. 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 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 4 . 000 % of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 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 I 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 awe on that amount, That date must be at least 30 days after the date on which the notice is delivered or mailod to me. (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 rcquired me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me 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 must be given to me 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 1 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 mailing 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 THIS 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 any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of prescmincut and notice 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. GREATLMD ¦ ITEM 34181-2 (9511) (Page 20f3 pa8-) To QtlrCGlt 1490339-93930ra8189 91 4 13, 10. ALLONGE, RIDER, ADDENDUM, ATTACHMENT OR OTHER MODIFICATION (HEREINAFTER RF,FERRED TO AS ALLONGE) TO THIS NOTE If an allonge providing for payment adjustments, or for any other supplemental information, is executed by me together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a pan of this Note. [Check applicable box.] Graduated Paymenilolonge_ T ( Frd Other [specify] - F?=]_Other [specify] _ 11. 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 same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I 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 ainoums I owe under this Note. Some of those conditions are described as follows: h Transfer. of the Property. This loan may be declared immediately due and payable upon transfer of the 1 Property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established ,.??. -pursuant to Section-3714 of Chapter 37, Title 38, United States Code. If Underexcr'cises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period: of not less-t}ias30'days from the date the notice is delivered or mailed 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. Borrower has executed and acknowledges receipt of pages 1 through 3 of this Note. WITNESS THE (S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) Q (Seal) 7U __ e=eth R. Peck -Borrower erra L. ck -Borrower (Seal) (Sea]) -Borrower -Borrower [Sign Original Only] Without Recourse Pay To The Order Of CORPORATION JA&1TJbff1ffse Cap. W RECOURSE oftga Invest r ation 9y. BY. Date:7 . WILLIAM C. THOMAS 1,0010 DO I llr? CF W1PgInFNT CAEATLAND ¦ ITEM 34180 (9611) (Page 3 of 3 pogeJ) To Dm* rAff: 140063993930 Fad 616-791.1131 EXHIBIT A2 PENNSYLVANIA COUNTY OF CUMBERLAND LOAN NO I: LOAN NO 2: INVESTOR: POOL NO: i INVESTOR TYPE: GNMA 70 J,11 13 111 it 113 Ispx. Above TMa U.. For Remmers Usel Assignment of Mortgage FOR VALUE RECUIVLO, Cite undersigned as Beneficiary ("ASSIGNOR"). Itcmby grants, coinmys, assigtu and transfers to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, P.O. BOX 2026, FLINT, MI 48501.2026 ("ASSigtcec"f :dl beneficial interest under that certain n,ongalp dared 7123127 eseculcd by KENNETH R. PECK AND KATERRA L. PECK, HUSBAND AND WIFE Mortgagor, to MORTGAGE INVESTORS CORPORATION 6090 CENTRAL AVENUE, ST. PETERSBURG, FL 33707 Mortytgcc, and rocordtd its iitsinin-4 mmnber on 7131197 in Hook 1396 , Page 644, , of Official Records in t)c office of tic Connly Recorder of CUMBERLAND Coanip. Pcunsclr;uiia, as dcsoribcd in said moripp. Tognhcr %i 0h the nolc or notes therein described or referred to, the money due and to become due thereon wi(h intcres6 and all rights accrocd of to accrue under said mortgage. PIN: 40-31.2185-041 D;ucd_ 3023100 _ WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FKA FIREMANS FUND MORTGAGE CORPORATION, FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION 27555 FARMINGTON ROAD, F RMINGTON HILLS, MI 48334 i By LIEN HANG ASSISTANT VICE PRESIDENT STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) On 411yOo , before mc, ELIZABETH GARCIA personally appca rcd LIEN HANG ASSISTANT VICE PRESIDENT of WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATION, FKA FIREMANS FUND MORTGAGE CORPORATION, FKA MANUFACTURERS HANOVER MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION l7ers m0h known to inc (or proved to lac on the basis of satisfactory eaddczce) to be the parson(s) whose name(s) ishire subscribed to Il,e within instrument and aeknovAcdged to n,e lis,t Ic/shdlhev csectaed the saute in his/hcrAhcir :unhoriz d capacin(ics), and fha: by hisr bcrAhcirsignature(s) on Ilic instrunicot the person(s) or tlc entity upon behalf of which the pers#EAJR he insinancni. WITNESS my hnnd :md official scaELZABETH GARCIA COMbtt, 01194924 NOTARY PUBLIC NOTAR'Pull,GCAI.IRR"(n ryr„,"m..;.,„"va„? umro: NyCa,URtitnAtp.30,20D2 N PrrpwTjI Dy: Pmduclion Group, Bcq Vim I'S 7631 S. Harbor Blvd., Silk 200. Soma Ana, CA 72704 acct 64[; FACE 4.4t8 HERS WU Paane r t-DWS79.6377 wisene219 1111111111 IN 1111111 11111 Ill Nil 1111111 ns/otnntn o-1r7 'Ar Ann CIIMRFRI.AND COUNTY Inst.# 200015174 - Page 1 of 2 Assigunxuft of Mortgage BETWEEN WHITE MOUNTAINS SERVICES CORPORATION, FKA SOURCE ONE MORTGAGE SERVICES CORPORATK)N, FKA FIREMAN$ FUND NORTGAOE CORPORATION, FKA MANUFACTURERS HANOVEI MORTGAGE CORPORATION, FKA CITIZENS MORTGAGE CORPORATION AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. W1IEN RECORDED MAIL TO: anyvicW Ponfolio Services, LLC 1631 S. Harbor Blvd.. Sidle 200 PO BOX 25)79 Santa Ana. CA 92704 W11-1 IN I:v?lia 11>11" Ccnificatc of Rcsidtatce I, L•VELIA BARBA , do hereby certify that ASSIGNEE's precise residuncc is 11:0. BOX 2026, FLINT, MI 49501-2026 , Witness my hand this Thursday, March 23, 2000 ASSIGNEE or Agual for ASSIGNEE Stalr of Pennsylvania mhedendl ) 1 C ads u CnuntV 0 pocardsd in tho olEice for the 'ecording?a$ a?(( utnfM l ` = d tot ? r t ' naafi ?? Pa Page - ._ W, 14 ; , a1 of oa I E3 volt ?a day Of of RaCIf ar .?lr`, ,ff s ??1?•. frl V? ?? 59% 648 Pace 499 73 WRS V? 51637? 99M 1162A9 11111 il11111111111111 it 1111'11Illlril'1711 11 111 n.S19112C110 P07.16 AM CUMBERLAND COUNTY lnst.# 200015174 - Page 2 of 2 EXHIBIT A3 oL`\ ASSIGNMENT OF MORTGAGE `f001 V6Z KNOW ALL MEN BY THESE PRESENTS that MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation, hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by CitiMortgage Inc., "Assignee" at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by KENNETH R. PECK AND KATERRA L. PECK to MORTGAGE INVESTORS CORPORATION, bearing the date JULY 23, 1997, in the amount of $86,460.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 07/31/97 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in B 1396 P 641 #505003014. Being Known as Premises: 314 ZION RD., MT. HOLLY SPRINGS, PA 17065 Parcel No: 40-31-2185-041 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its'proper officers this .MAY 2 0 2010 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation By Sealed and Delivered akovi ice President in the presence of us; State of Missouri ss. County of St. Charles: Attest: OA4 Othis MAY 9. 6 2010 , before me, the subscriber, personally appeared Kim Krakoviak, who acknowledged him/herself to be the Vice President of Mortgage Electronic Registration Systems, Inc., a Delaware Corporation, and that he/she, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha nd official eal. _ - OENN"S J. LUECKE F PJotary Public - Notary Seal Stamp/Seal: tary Pub is State of Missouri T St. Charles County The precise address of the i i After recording return to: Commission #08672763 Commission Expires 11/04/20' w th n named Assignee is: PHELAN HALLINAN & SCHMIEG, L.L.P 1000 Technology Drive, One Penn Center 0' Fall n, M 6336,.8-2240 1617 J.F.K. Blvd., Ste.1400 a! 5, 2010 Philadelphia, PA 19103-1814 ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes west 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road, North 11 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HAVING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which Richard L. Sherman and Dorcas M. Sherman, husband and wife, by deed dated July 2, 1971 and recorded July 2, 1971, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 'D', Volume 24, Page 977, granted and conveyed to Larry L. Lehman and Claudia J. Lehman, husband and wife, the Grantors herein. r: ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201018045 Recorded On 7/7/2010 At 8:18:25 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 68621 User ID - AF * Mortgagor - PECK, KENNETH R * Mortgagee - MORTGAGE INVESTORS CORP * Customer - JAM TRANSFER * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA o? cu e o RECORDER O D DS ?reo * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 2 111111111111111111111111111 EXHIBIT B Citimortgage, Inc. 5280 Corporate Drive MS 1011 Frederick, MD 21703 Plaintiff VS. Court of Common Pleas Civil Division Cumberland County Kenneth R. Peck No. 10-5938-Civil Term Katerra L. Peck 314 Zion Road Mount Holly Springs, PA 17065 Defendants PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF SS. COUNTY OF ) Jacqueline M. Jackson, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Document Control Officer 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 Defendants' Residential Mortgage loan being serviced by Citimortgage, Inc. 4. All proper payments made by Defendants have been credited to Defendants' account. 5. Defendants' mortgage payments due February 1, 2010 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 $70,878.44 Interest $4,916.15 January 1, 2010 through September 1, 2010 (Per Diem $14.5641) Attorney's Fees $650.00 Cumulative Late Charges $1,184.82 July 23, 1997 to September 1, 2010 Property Inspections/Property Preservations $706.07 Appraisal/Brokers Price Opinion $1,143.00 e. Cost of Suit and Title Search $550.00 Escrow Deficit 672.75 TOTAL $80,701.23 7. Defendants have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 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. 0 - ? h"' (, (146, nie:vacqueline M. Jac n Tile: Document Control Officer Citimortgage, Inc. On this 27th day of January 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. Stamp/Seal: PAM WEBER Notary Public - Notary Seal State of Missouri St. Charles County Peck, PHS# 240344 Commission # 10008954 Cam BOeSA.g.st22, 2114 Notary Public EXHIBIT C PLE oF THE 2 3 J CUMBERL,0; '?UNTY pENNSY V" Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id_ No. 58745 SheetaI 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 240344 ATTORNEY FOR PLAINTIFF CITIMORTGAGE INC. 5280 CORPORATE DRIVE COURT OF COMMON PLEAS MS101 I FREDERICK, MD 21703 CIVIL DIVISION Plaintiff TERM NO. b 5438 ,E i merit KENNETH R. PECK KATERRA L. PECK CUMBERLANI PW&J??y c ertoy the 314 ZION ROAD i? g 4 MOUNT HOLLY SPRINGS, PA 17065-1421 'Orreci V7, V?$1!Br 'Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 4: 240344 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #_ 240344 1. Plaintiff is CITIMORTGAGE INC. 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/23/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1396, Page 641. By Assignment of Mortgage recorded 06/13/2000 the mortgage was assigned to MORTGAGE ELECTONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment of Mortgage Book No. 646, Page 498. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); 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 02/01/2010 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 #: 240344 6. The following amounts are due on the mortgage: Principal Balance $70,878.44 Interest $4,916.15 01/01/2010 through 09/01/2010 (Per Diem $14.5641) Attorney's Fees $650.00 Late Charges through 09/01/2010 $1,184.82 Property Inspections/Property Preservations $706.07 Appraisal/Brokers Price Opinion $1,143.00 Costs of Suit and Title Search $550.00 Escrow Deficit $672.75 TOTAL $80,701.23 7. 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. Pile 0: 240344 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $80,701.23, together with interest from 09/01/2010 at the rate of $14.5641 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. P AN HALLINAN & SCHMIEG, LLP By: gt. V v (J Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 240344 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey by Roy M. Benjamin, R.S., dated May 24, 1971. BEGINNING at a point on the east side of Township Road 520, said point being 1056 feet south of the intersection of Legislative Route 21008; thence along an unnamed alley, South 78 degrees 50 minutes East 180 feet to a point at lands now or formerly of Harvey Stone; thence along lands now or formerly of Harvey Stone, South 11 degrees 10 minutes West 80 feet to a point on the north side of another unnamed alley; thence along the north side of said alley North 78 degrees 50 minutes West 180 feet to a point on the east side of Township Road 520; thence along said Township Road, North I 1 degrees 10 minutes East 80 feet to a point, the Place of BEGINNING. HAVING erected thereon a dwelling house known as and numbered 314 Zion Road, Mount Holly Springs, Pennsylvania 17065. BEING the same premises which Richard L. Sherman and Dorcas M. Sherman, husband and wife, by deed dated July 2, 1971 and recorded July 2, 1971, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book U, Volume 24, Page 977, granted and conveyed to Larry L. Lehman and Claudia J. Lehman, husband and wife, the Grantors herein. PARCEL NO: 40-31-2185-041 PROPERTY ADDRESS: 314 ZION ROAD File #. 240344 VERIFICATION Amy I- WYer hereby states that he/she is Foreclosure Analyst of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, 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. DATE l A to Name: L. sure Anal Title: Servicer: CITIMORTGAGE, INC. PHS#: 240344 Name: PECK 1) EXHIBIT D ?z40304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC 5280 CORPORATE DRIVE MS1011 : FREDRICK, MD 21703 Plaintiff CIVIL ACTION - LAW V. NO. 10-5938 Civil Term KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421: Defendant ANSWER 1. Admitted. 2. Admitted. 3. Denied. Defendant requires an offer of proof of all alleged payments made by Defendant on the mortgage so that Defendant can calculate the amount allegedly owed. Defendant demands an accounting to establish the said balance. 4. Denied. Defendant requires an offer of proof of all alleged payments made by Defendant on the mortgage so that Defendant can calculate the amount allegedly owed. Defendant demands an accounting to establish the said balance. 5. Denied. Defendant requires an offer of proof of all alleged payments made by Defendant on the mortgage so that Defendant can calculate the amount allegedly owed. Defendant demands an accounting to establish the said balance. 6. Denied. Defendant requires an offer of proof of all alleged payments made by Defendant on the mortgage so that Defendant can calculate the amount allegedly owed. Defendant demands an accounting to establish the said balance. 7. The averments in this paragraph call for a conclusion of law to which no response is required. The same is therefore deemed denied. 8. Denied. Defendant demands an offer of proof that Plaintiff in fact sent to Defendant a combined Act 91 and Act 6 Notice. WHEREFORE, Defendants respectfully requests that judgment be entered for them on Plaintiff's claims and the same dismissed with prejudice. y submitted, I-C / ddAA!!? 7? Jame Vincent ale, Esquire ID 08790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant VERIFICATION JAMES VINCENT NATALE, ESQUIRE, hereby states that he is the attorney for the Defendant in this action and verifies that the statements made in the forgoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsificatiop to authorities. 04 # I I ? '4"?Vl ?:' ? i Vincent Natale for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC 5280 CORPORATE DRIVE MS 1011 FREDRICK, MD 21703 Plaintiff V. CIVIL ACTION - LAW NO. 10-5938 Civil Term KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421: Defendant CERTIFICATE OF SERVICE I served this Answer by U.S.. Mail, postage prepaid, at 148 South Findlay Street, York, PA 17402 and 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 on Jaime Lynn McGuinness, Esq., the attorney for the Plaintiff, CitiMortgage Inc on October 29, 2010. I declare under penalty of perjury that this information is true. Date: .? Server's Signature Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address EXHIBIT E REPRESENTATION OF PRINTED DOCUMENT 0505003014 CitiMortgage c1001"% l l 7107 8381 6540 1426 1323 www.citimortgage.com 04/13/10 49123 001110 KENNETH R PECK KATERRA L PECK 314 ZION RD MT HOLLY SPGS PA 17065-1421 RE: CitiMortgage Loan #:i ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE LL M 0 N 9 W 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. 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 REPRESENTATION OF PRINTED DOCUMENT 0505003014 CitiMortgage Page Two 04/13/10 HOMEOWNER'S NAME(S): PROPERTY ADDRESS Kenneth R Peck Katerra L Peck 314 Zion Rd Mount Holly Springs,PA 17065-0000 LOAN ACCT. NO.: ORIGINAL LENDER: Mortgage nvestors Corporation 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. LL m 0 N O au 0 M r 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. c10074% l l 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 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 0505003014 CitiMortgage Page Three 13 10 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 LL have applications for the program and they will assist you in N submitting a complete application to the Pennsylvania Housing Finance 9 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. n co 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.) cJ0016% i l 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 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 0505003014 Itl www.citimortgage.com Page Four 04/13/10 HOW TO CURE YOUR MORTGAGE NATURE OF THE DEFAULT-The your property located at: 17065-0000 IS SERIOUSLY II MORTGAGE PAYMENTS for the are now past due: DEFAULT(Bring it up to date). MORTGAGE debt held by the above lender on 314 Zion Rd_ Mount Holly Springs, PA V DEFAULT because YOU HAVE NOT MADE MONTHLY following months and the following amounts 02/01/10 thru 04/01/10 3 @ $731.57/month 2 @ $24.18/late charge/month $2,243.07 Previous late charge(s) $1,088.10- Delinquency Expenses(s) $1,806.15 TOTAL AMOUNT PAST DUE: $5,137.32 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) m DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO N THE LENDER, WHICH IS $5,137.32, PLUS ANY MORTGAGE PAYMENTS, LATE CHARGES AND DELINQUENCY EXPENSES WHICH BECOME DUE DURING THE THIRTY o (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order m ade payable and sent to: CitiMortgage, Inc. P.O. Box 689196 Des Moines, IA 50368-9196 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started 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 REPRESENTATION OF PRINTED DOCUMENT 0505003014 CitiMortgage Page Five 04 13 10 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 m connected with the Sheriff's Sale as specified in writing by the N Curing your default in the manner set forth in this notice will 9 restore your mortgage to the same position as if you had never o defaulted. M 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 CJ# l l 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 7UI_H 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 0505003014 CitiMortgage cA401"1% i e www.citimortgage.com Page Six 04 13 1 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 LL m 0 TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. N * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 0 * 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. 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 USPS - Track & Confirm Page 1 of I AV LWTEDSTATU Home I HeID I PMAL SERI "* Sian In Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7107 8381 6540 14261323 Status: Delivered Your item was delivered at 5:52 am on May 10, 2010 in SAINT LOUIS, MO 63179. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline Aatrore !attune Demits > (71) ROMM to ttVICam Homo > i Ma Customer Service Forms Gov't Services Careers Copyright(c) 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOI Track & COrt rm Enter Label/Receipt Number. Privacy Policy Terms of Use A 0 Go r Business Customer Gateway l http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 2/28/2011 EXHIBIT F DLS00142 DLSM142 CONSOLIDATED NOTE REPORT 12/08/10 08:05 LOAN #: CUSTOMER: KENNETH R PECK TYP: 003 DEPT ID: ALL L/ACRONYM) BAL: Y TYPE: F (F=FINANCIAI,,D=DATAMSGS,B=BOTH) START DATE: 12/08/10 STOP DATE: 00/00/00 PRINT: Y (Y/N) PRINTER: U20308 INV: 00100/00000 BLK: 045/000 UNAP: 0.00 CD: PDTO: 01/01/10 PBAL: 70878.44 EBAL: -672.75 WARN: 5 LOCK: 9 STOP: 00 I-YTD: 888.98 DATE TRAN PDTO TRAN AMT PRIN INT ESC L/C OT-AMT 112610 FEI 0101 -13.50 46-BIE-BATCH INSP EXP INVO-INSPECTION-VERIFY 98 BAL AFTER 70878.44 -672.75 111010 DEB 0000 5.00 410010943 PHELAN HAL 1001937 101110 52-FORECLOSURE COSTS SERF-SERVICE COSTS BAL AFTER 70878.44 -672.75 00.00 111010 DEB 0000 1500.00 410010943 PHELAN HAL 1001937 101110 52-FORECLOSURE COSTS SDEP-SHERIFF DEPOSIT BAL AFTER 70878.44 -672.75 00.00 111010 DEB 0000 92.00 410010943 PHELAN HAL 1001937 101110 52-FORECLOSURE COSTS FILE-FILING FEES BAL AFTER 70878.44 -672.75 00.00 111010 DEB 0000 38.00 410010943 PHELAN HAL 1001937 101110 52-FORECLOSURE COSTS CTOT-COURT COSTS BAL AFTER 70878.44 -672.75 00.00 102610 FEI 0101 -13.50 46-BIE-BATCH INSP EXP INVO-INSPECTION-VERIFY 98 BAL AFTER 70878.44 -672.75 092310 FEI 0101 -13.50 46-BIE-BATCH INSP EXP INVO-INSPECTION-VERIFY 98 BAL AFTER 70878.44 -672.75 091510 DEB 0000 84.00 400007910 FIRST AMER 6028029 100915 43-APPRAISAL/BPO BPOS-BPD'S BAL AFTER 70878.44 -672.75 00.00 082410 FEI 0101 -13.50 46-BIE-BATCH INSP EXP INVO-INSPECTION-VERIFY 98 BAL AFTER 70878.44 -672.75 081710 E92 0101 -927.70 PAYEE = SOUTH MIDD -927.70 CHK# 00121790517 91 BAL AFTER 70878.44 -672.75 080710 E20 0101 -341.00 PAYEE = JUNIATA MU -341.00 .00 .00 BAL AFTER 70878.44 254.95 072610 FEI 0101 -13.50 46-BIE-BATCH INSP EXP INVO-INSPECTION-VERIFY 98 BAL AFTER 70878.44 595.95 062210 FEI 0101 -13.50 46-BIE-BATCH INSP EXP INVO-INSPECTION-VERIFY 98 BAL AFTER 70878.44 595.95 060910 DEB 0000 325.00 410010943 PHELAN HAL 955423 100609 52-FORECLOSURE COSTS TITL-TITLE SEARCH EXPENSE BAL AFTER 70878.44 595.95 00.00 060910 DEB 0000 25.00 410010943 PHELAN HAL 955423 100609 52-FORECLOSURE COSTS SKIP-SKIP TRACE EXPENSE BAL AFTER 70878.44 595.95 00.00 060910 DEB 0000 115.00 410010943 PHELAN HAL 955423 100609 52-FORECLOSURE COSTS SERF-SERVICE COSTS BAL AFTER 70878.44 595.95 00.00 060910 DEB 0000 50.50 410010943 PHELAN HAL 955423 100609 52-FORECLOSURE COSTS RECF-RECORDING FEES BAL AFTER 70878.44 595.95 00.00 060910 DEB 0000 625.00 410010943 PHELAN HAL 955423 100609 39-FRCLSR ATTY FEE FATT-FORECLOSURE ATTY FEE BAL AFTER 70878.44 595.95 00.00 052510 FEI 0101 -13.50 46-BIE-BATCH INSP EXP INVO-INSPECTION-VERIFY 98 BAL AFTER 70878.44 595.95 042210 FEI 0101 -13.50 46-BIE-BATCH INSP EXP INNC-INSPECTION NO CON 98 BAL AFTER 70878.44 595.95 040710 E91 0101 -253.73 PAYEE = SOUTH MIDD -253.73 CHK# 00121742072 ` 91 BAL AFTER 70878.44 595.95 033110 FEP 0101 20.00 718-SPEEDPAY FEE 301 BAL AFTER 70878.44 849.68 033110 FEA 0101 -20.00 718-SPEEDPAY FEE 301 BAL AFTER 70878.44 849.68 033110 RP 0101 731.57 160.56 443.99 127.02 .00 .00 301 BAL AFTER 70878.44 849.68 033110 UI .00 .00 -24.18 .00 301 BAL AFTER 71039.00 722.66 032310 FEI 1201 -13.50 46-BIE-BATCH INSP EXP INNC -INSPECTION NO CON 98 BAL AFTER 71039.00 722.66 022610 FEP 1201 20.00 718-SPEEDPAY FEE 301 BAL AFTER 71039.00 722.66 022610 FEA 1201 -20.00 718-SPEEDPAY FEE 301 BAL AFTER 71039.00 722.66 022610 RP 1201 742.47 159.56 444.99 137.92 .00 .00 301 BAL AFTER 71039.00 722.66 022610 UI .00 .00 -24.18 .00 301 BAL AFTER 71198.56 584.74 022310 FEI 1101 -13.50 46-BIE-BATCH INSP EXP INNC -INSPECTION NO CON 98 BAL AFTER 71198.56 584.74 021010 PT 1101 584.74 .00 .00 584.74 .00 .00 2967 LC DT 1101 BAL AFTER 71198.56 584.74 021010 ITR 1101 OLD 172 45 NEW 100 45 PBAL 71198 .56 EBAL PERCENT 100.0 000 2967 BAL AFTER 71198.56 00.00 00.00 021010 RT 1101 -584.74 .00 .00 -584.74 .00 .00 2967 BAL AFTER 71198.56 00.00 011810 FEI 1101 -13.50 46-BIE-BATCH INSP EXP INNC -INSPECTION NO CON 98 BAL AFTER 71198.56 584.74 123109 YTD 1101 .00 .00 4983.17 1164.00 .00 .00 BAL AFTER 71198.56 584.74 00.00 123109 FEP 1101 20.00 718-SPEEDPAY FEE 301 BAL AFTER 71198.56 584.74 123109 FEA 1101 -20.00 718-SPEEDPAY FEE 301 BAL AFTER 71198.56 584.74 123109 RP 1101 742.47 158.57 445.98 137.92 .00 .00 301 BAL AFTER 71198.56 584.74 123109 UI .00 .00 -24.18 .00 301 BAL AFTER 71357.13 446.82 122309 FEI 1001 -13.50 46-BIE-BATCH INSP EXP INNC-INSPECTION NO CON 98 BAL AFTER 71357.13 446.82 112409 FEI 1001 -15.00 46-BIE-BATCH INSP EXP INNC -INSPECTION NO CON 98 BAL AFTER 71357.13 446.82 112309 RP 1001 742.47 157.58 446.97 137.92 .00 .00 200 LC DT 1120 BAL AFTER 71357.13 446.82 112309 UI .00 .00 -24.18 .00 200 LC DT 1120 BAL AFTER 71514.71 308.90 102009 FEI 0901 -15.00 46-BIE-BATCH INSP EXP INNC -INSPECTION NO CON 98 BAL AFTER 71514.71 308.90 101609 FEP 0901 10.00 718-SPEEDPAY FEE 301 BAL AFTER 71514.71 308.90 101609 FEA 0901 -10.00 718-SPEEDPAY FEE 301 BAL AFTER 71514.71 308.90 101609 RP 0901 742.47 156.60 447.95 137.92 .00 .00 301 LC DT 1015 BAL AFTER 71514.71 308.90 101609 UI .00 .00 -24.18 .00 301 LC DT 1015 BAL AFTER '71671.31 170.98 091509 SR 0801. 24.18 .00 .00 .00 24.18 .00 500 BAL AFTER 71671.31 170.98 '091509 UI .00 .00 24.18 .00 500 BAL AFTER 71671.31 170.98 091509 RP 0801 742.47 155.63 448.92 137.92 .00 .00 500 BAL AFTER 71671.31 170.98 091509 UI .00 .00 -24.18 .00 500 BAL AFTER 71826.94 33.06 091409 DEB 0000 84.00 400007910 FI RST AMER 4765 778 09 0914 43-APPRAISAL/BP O BPOS-BPD'S BAL AFTER 71826.94 33.06 00.00 081409 E92 0701 -910.27 PAYEE = SOU TH MIDD -910.27 CHK# 00121627838 91 BAL AFTER 71826.94 33.06 080709 E20 0701 -334.00 PAYEE = JUN IATA MU -334.00 .00 .00 BAL AFTER 71826.94 943.33 071709 FEP 0701 10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 71826.94 1277.33 071709 FEA 0701 -10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 71826.94 1277.33 071709 RP 0701 742.47 154.66 449.89 137.92 .00 .00 95 LC DT 0716 BAL AFTER 71826.94 1277.33 061609 FEP 0601 10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 71981.60 1139.41 061609 FEA 0601 -10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 71981.60 1139.41 061609 RP 0601 742.47 153.70 450.85 137.92 .00 .00 95 LC DT 0615 BAL AFTER 71981.60 1139.41 050909 RP 0501 742.47 152.75 451.80 137.92 .00 .00 95 LC DT 0508 BAL AFTER 72135.30 1001.49 041709 PT 0401 863.57 .00 .00 863.57 .00 .00 2967 LC DT 0401 BAL AFTER 72288.05 863.57 041709 ITR 0401 OLD 531 45 NEW 172 45 PBAL 72288. 05 EBAL PERCENT 100.0 000 2967 BAL AFTER 72288.05 00.00 00.00 041709 RT 0401 -863.57 .00 .00 -863.57 .00 .00 2967 BAL AFTER 72288.05 00.00 041509 E91 0401 -253.73 PAYEE = SOUTH MIDD -253.73 CHK# 00121574796 91 BAL AFTER 72288.05 863.57 040909 RP 0401 742.47 151.80 452.75 137.92 .00 .00 95 LC DT 0408 BAL AFTER 72288.05 1117.30 031409 FEP 0301 10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 72439.85 979.38 031409 FEA 0301 -10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 72439.85 979.38 031409 RP 0301 742.47 150.86 453.69 137.92 .00 .00 95 LC DT 0313 BAL AFTER 72439.85 979.38 021709 FEP 0201 10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 72590.71 841.46 021709 FEA 0201 -10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 72590.71 841.46 021709 RP 0201 742.47 149.92 454.63 137.92 .00 .00 95 LC DT 0216 BAL AFTER 72590.71 841.46 011609 FEP 0101 10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 72740.63 703.54 011609 FEA 0101 -10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 72740.63 703.54 011609 RP 0101 742.47 148.99 455.56 137.92 .00 .00 95 LC DT 0115 BAL AFTER 72740.63 703.54 123108 YTD 1201 .00 .00 5071.00 1150.45 .00 .00 BAL AFTER 72889.62 565.62 00.00 121808 FEP 1201 10.00 746-WEB ACH PAYMENT FEE W . 1% 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. 2s Date . Schalk, Esquire for Plaintiff E1 1 ! 6CF (? _' f HONOTAR ; 2 C I [laR29 AM 10: E' Ur"p1BERLAND COUNTY Pfl-NINSYLVA IA PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. 5280 Corporate Drive MS 1011 Frederick, MD 21703 Plaintiff VS. Kenneth R. Peck Katerra L. Peck 314 Zion Road Mount Holly Springs, PA 17065 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-5938-Civil Term 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 person on the date listed below: James Vincent Natale, Esquire Harold Shepley & Associates, LLC 209 West Patriot Street Somerset, PA 15501 Date: lp 2,61 1'. Jd?epMP. Schalk, Esquire Attorney for Plaintiff { PRAECIPE FOR LISTING CASE FOR ANUDO ( 0 0, (Must be typewritten and submitted in duplicate) ad l MAR 29 AN 10. 13 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argug r CDUIN TY YLVANIA Citimortgage, Inc. 5280 Corporate Drive MS 1011 Frederick, MD 21703 Plaintiff VS. Kenneth R. Peck No. 10-5938-Civil Term Katerra L. Peck 314 Zion Road Mount Holly Springs, PA 17065 Defendants 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) Attorney for Plaintiff Address: (b) Attorney for Defendant Address 3. I will notify all parties in writing within two days that this case has been listed for argument. Court of Common Pleas Civil Division Cumberland County Joseph P. Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 James Vincent Natale, Esquire Harold Shepley & Associates, LLC 209 West Patriot Street Somerset, PA 15501 4. Argument Court Date: May 27, 2011 Date: 3 2S 1( By: 30pq. Schalk, Esquire Att rney for Plaintiff V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC 5280 CORPORATE DRIVE MS1011 FREDRICK, MD 21703 Plaintiff CIVIL ACTION - LAW v. NO. 10-5938 Civil Term KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421: Defendant - C-- -, .:?, - rri ::r-' CIO ` C:) ?? . - C...) C-) C.) r , v Defendant(s)'s First Request for Production of Documents Directed to Plaintiffs Pursuant to P.R.C.P. 4009, as amended, Defendant requests that Plaintiff produce for inspection and copying the following designated documents which are or could be in their possession, custody, or control and serve the requested documents upon counsel for the Defendant within thirty (30) days from the date of service thereof. This request for production of documents is continuing and demand is hereby made to amend or supplement the request as is required by the Pennsylvania Rules of Civil Procedure. Requested Documents: 1. A complete copy of the alleged Mortgage. Response: P 2. A complete copy of the Note. Response: 3. A complete copy of all assignments of the alleged Mortgage. Response: 4. A complete copy of all assignments of the alleged Note. Response: 5. A complete copy of all amendments to the alleged Mortgage. Response: 6. A complete copy of all amendments to the alleged Note. Response: F, 7. Please provide a copy of all closing documents. Response: 8. Please provide a copy of any notes made by Plaintiff's employees in regards to the Defendant. Response: 9. Please provide any documents that Plaintiff has on file that were signed by the Defendant. Response: 10. Please provide any documents that Plaintiff has on file regarding the Defendant. Response: e 11. Please provide a copy of all canceled checks that Defendant allegedly used to make payment on the alleged mortgage. Response: 12. Please provide a copy of any correspondence between Plaintiff"and Defendant. Response: N . 13. Please provide a copy of the non-discrimination statement. Response: Date: Attorney for Defendant 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC 5280 CORPORATE DRIVE MS1011 FREDRICK, MD 21703 Plaintiff V. KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD CIVIL ACTION - LAW NO. 10-5938 Civil Term MOUNT HOLLY SPRINGS, PA 17065-1421: Defendant Defendant's First Set of Interroeatories to Plaintiff c-? m4' ?m u, r r ?- v c? ?_ c7 N cr? C -`J (Z), cs _.e OF;. Defendant hereby serves these written interrogatories upon plaintiff who is to furnish written answers within thirty (30) days after service of these interrogatories in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each of the interrogatories; please attach additional pages if more space is needed for the answers. These interrogatories are continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Full and complete answers to the interrogatories must be provided and signed by the party making the answers. 1. Please provide an itemization of the pay off amount? 2. Please provide the various interest rates of the alleged Mortgage and the dates in which they are applicable? 3. Please provide an itemization of all payments on the alleged Mortgage, including the dates that the payments were allegedly made and the amounts of said payments? 4. Please provide an itemization of all late charges and the dates when said charges were assessed? 5. Please provide an itemization of all payments that were allegedly late and the dates that said were due? 6. Please provide an itemization of the various fees or charges not otherwise mentioned and the dates in which they were assessed? 7. Did Plaintiff consider the Defendant a high-risk borrower? 8. Please provide all addresses and telephone numbers of all previous and current assignment holders of the alleged Mortgage? 9. Please provide the name and direct telephone number of a specific attorney of the Plaintiff for the purposes of correspondence? 10. Please itemize all collection efforts made on the alleged mortgage? 11. Please provide proof that Plaintiff is entitled to attorney fees in the present case? 12. Please provide an itemization of Plaintiff's alleged attorney fees, including the work that was performed and the fees charged for said work? 13. Please provide a description of Ocwen's relation to Defendant? Date: James V. Natale Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC 5280 CORPORATE DRIVE MS1011 FREDRICK, MD 21703 Plaintiff V. CIVIL ACTION - LAW NO. 10-5938 Civil Term KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065-1421: Defendant CERTIFICATE OF SERVICE =m rJ_- 0-, =C :) I served this Defendant's Request for Admissions, First Request for Production of Documents, and First Set of Interrogatories by U.S. Mail, postage prepaid, 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 on Jaime McGuinness, Esquire, the attorney for the Plaintiff, Citimortgage Inc. on April 7, 2011. I declare under penalty of perjury that this information's t e. 1 Date: 4/7/11 K?QA?k Se r s Signature Ginger Nicklow-Legal Assistant Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC 5280 CORPORATE DRIVE MS 1011 FREDRICK, MD 21703 Plaintiff V. CIVIL ACTION - LAW NO. 10-5938 Civil Term KENNETH R. PECK KATERRA L. PECK 314 ZION ROAD : MOUNT HOLLY SPRINGS, PA 17065-1421: Defendant DEFENDANT'S REQUEST FOR ADMISSIONS t? CU ?r cn r CC) s' n x c:) --a a r n, 7) (= tel.. -f ca -- o Defendant demands that Plaintiff answers and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. that: You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed l . These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Defendant within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Defendant thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, no response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. In these Requests for Admissions: A. The word "verson(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification" when used with respect to a person(s) means to state the full name and present or last known address and business address of such' erson s and, if an actual person, his present or last known job title, and the name and address of his present or last know employers; D. The words "identity", "identify" "identification" when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating, in such an act; (3) identify all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. These requests are of a continuous nature. 1. Plaintiff did not render assistance to the Defendant to cure the alleged default of the Mortgage. Admitted Denied If the Answer to this Request for Admission is denied, then please provide a brief explanation of the denial. 2. Plaintiff refused to negotiate with the Defendant to cure the alleged default of the Mortgage. Admitted Denied If the Answer to this Request for Admission is denied, then please provide a brief explanation in support of the denial. Date: James V. Natale Attorney for Defendant 4 Y n f 1 ., ?.. PRAECIPE FOR LISTING CASE FOR ARGUMENT „T (Must be typewritten and submitted in duplicate)= r ?,^ tr?f ?6 TO THE PROTHONOTARY OF CUMBERLAND COUNTY r` `l,' ; rt ?? Please list the within matter for the next Argument Court. t?p, ?? Yl Dry NI' ------------------------------------------------------------------------------------------------------------ Citimortgage, Inc. Court of Common Pleas 5280 Corporate Drive MS 1011 Frederick, MD 21703 Civil Division Plaintiff VS. Kenneth R. Peck Katerra L. Peck 314 Zion Road Mount Holly Springs, PA 17065 Defendants Cumberland County No. 10-5938-Civil Term State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment filed March 29, 2011 2. Identify counsel who will argue case: (a) Attorney for Plaintiff Address: Joseph P. Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 (b) Attorney for Defendant Address: James Vincent Natale, Esquire Harold Shepley & Associates, LLC 209 West Patriot Street Somerset, PA 15501 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 16, 2011 Date: _ Jo I-F4 ?•? By: y ZLI *Attoev halk, Esquire Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Citimortgage, Inc. 5280 Corporate Drive MS 1011 Frederick, MD 21703 Plaintiff VS. Kenneth R. Peck Katerra L. Peck 314 Zion Road Mount Holly Springs, PA 17065 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-5938-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Praecipe for Argument was sent via first class mail to the person on the date listed below: James Vincent Natale, Esquire Harold Shepley & Associates, LLC 209 West Patriot Street Somerset, PA 15501 Date: By: Josh V Schalk, Esquire Att rney for Plaintiff