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HomeMy WebLinkAbout11-4295Y F:Adlb\L.itigation\Garman, Jamie and FernalAnsWer to mortgage complaint.docx - 6/7/ 1 13:4? AM co =M 1 Pl-' -r. t - -<> ?p E) r-- . .-A C:r CST .y. JASON J. SCHIBINGER, ESQUIRE Attorney I.D. #86859 BUZGON DAVIS LAW OFFICES 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-Mail: schibinger@buzgondavis.com CITIMORTGAGE, INC., Plaintiff VS. : FERNA N. GARMAN and JAMIE D. GARMAN, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 11-4295 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come the Defendants, Ferna N. Garman and Jamie D. Garman, by their attorneys, Buzgon Davis Law Offices, and file this Answer to Complaint in Mortgage Foreclosure, respectfully averring as follows: 1. Defendants do not have the information necessary to respond to the allegations set forth in this paragraph. To the extent that a response is required, strict proof of the allegations set forth in paragraph 1 is demanded at the time of trial of this matter. 2. Admitted. 3. Admitted. By way of further response, as said mortgage is not attached to the Complaint in Foreclosure, Defendants cannot verify the accuracy of the allegations concerning the terms of said mortgage obligation. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that some payments due and owing on the mortgage obligation have not been made. By way of further response, when the Defendants had financial difficulty, thus resulting in their desire to lower the monthly mortgage payment, they contacted CitiMortgage. Beginning in January 2010, Defendants were contacting said mortgage company in order to attempt to lower their monthly mortgage obligation. Specifically, the Defendants completed an application with CitiMortgage alleging economic hardship in order to lower their monthly mortgage payment. Thereafter, when the mortgage became delinquent, the Defendants also attempted to complete paperwork through CitiMortgage for a forbearance. The Defendants never received a final answer regarding either program, both of which were offered through CitiMortgage. Defendants continued to provide documentation, including paystubs and other financial information, over the course of 2010, as they were directed to do by CitiMortgage, without any final result or answer from CitiMortgage. When Defendants did receive correspondence from Plaintiff regarding the mortgage obligation, and the alleged delinquency, they would attempt to contact Plaintiff, although they would not receive the answers they were looking for, nor were they pointed in the right direction in terms of how to resolve the delinquency. Essentially, prior to filing the Complaint, Plaintiff failed to work with Defendants at all in terms of -2- their attempts to cure any alleged delinquency regarding the mortgage. As to the statement regarding the terms of the mortgage, the mortgage speaks for itself. 8. No response required. The terms of the mortgage between Plaintiff and Defendants speak for itself. To the extent that Plaintiff is seeking counsel fees, costs and expenses, and those counsel fees, costs and expenses are set forth in the mortgage, said counsel fees, costs and expenses still must be deemed reasonable by the Court in order to be awarded as part of this action. 9. Defendants have not received supporting documentation concerning the alleged late charges, insurance, property inspection, corporate advances and escrow advances, and, in addition, they have not been provided with any documentation to support the alleged accrued interest through June 1, 2011, as set forth in the Complaint. Strict proof regarding these amounts is demanded at the time of trial. In addition, Plaintiffs indicate that they are seeking attorneys fees equal to 5% of the principal balance of the mortgage, or the sum of $8,153.30. The Court should determine whether or not the awarded of attorneys fees is reasonable. 10. See response to paragraph 9 regarding attorney's fees. By way of further response, Defendants are still willing to attempt to work with the Plaintiff, through a forbearance or other program, in order to avoid foreclosure. Defendants are prepared to provide whatever information is necessary in order to attempt forbearance or reinstatement of the mortgage, however, they have received no cooperation from Plaintiff in their attempts to do so. 11. The allegations set forth in paragraph 11 call for a legal conclusion, to which no response is required. Further, the allegations in paragraph 11 set forth actions which may be taken on the part of Plaintiff which requires no response. 12. Denied. By way of further response, and as set forth previously, Defendants have attempted to apply for various programs that have been made available through CitiMortgage, -3- including economic hardship and forbearance. They had been prepared to pay part of the monthly mortgage obligation that was due and owing from October 1, 2010 to present, however, when Defendants offered to pay at least some portion of the monthly mortgage obligation and late fees, while their application for forbearance or economic hardship was pending, Plaintiff told them if they could not pay the entire amount due, they should pay no portion thereof. By way of further response, this foreclosure action could have been avoided if Plaintiff had merely dealt with Defendants regarding the programs which they themselves had created for the exact kind of economic hardship and financial distress that the Defendants have suffered from in 2010. 13. Admitted. WHEREFORE, Defendants, Jamie D. Garman and Ferna N. Garman, respectfully request your Honorable Court to enter an Order dismissing the Complaint in Mortgage Foreclosure filed on behalf of Plaintiff in this matter. BUZGON DAVIS LAW OFFICES BY: Jason J/ Schibinger Attorndv I.D, 8ti8; 525 SotlttfEighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-Mail: schibinger@buzgondavis.com Attorneys for Defendants -4- VERIFICATION I, JAMIE D. GARMAN, do hereby verify that I am the one of the Plaintiffs in the within action, and that the facts set forth in the foregoing ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. D. G Date: ??M VERIFICATION 1, FERNA N. GARMAN, do hereby verify that I am the one of the Plaintiffs in the within action, and that the facts set forth in the foregoing ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa-C.S. §4904 relating to unworn falsification to authorities. PER-K.9 CARMAN Date: I iu l l F:ldlbiLitigation'Garman, Jamie and FernaiAftidavit of sm ice.doca - 6,,6/11 2:45 PM CITIMORTGAGE, INC., Plaintiff VS. FERNA N. GARMAN and JAMIE D. GARMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 11-4295 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) I, KELLY L. ELLINGER, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendants, being duly sworn according to law, depose and say that I mailed on June ? , 2011, by regular mail, in a postpaid envelope, a true and correct copy of ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE, the original of which was filed on June 6, 2011, in the Office of the Prothonotary of Lebanon County, Pennsylvania, to Richard M. Squire, Esquire, One Jenkintown Station, Suite 104, 115 West Avenue, Jenkintown, Pennsylvania, 1 046, attorney for Plaintiff. KELLY LL GER - Sworn to and subscribed before me this 6? day of June, A.D., 2011. No 7oublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy Hartrantt, Notary Public City of Lebanon, Lebanon County my commission Expires Sept 19, 2014 Member. Penn-,%r1+rani; A.sgodatian of Notaries F:Adlbll.itigationiGarman, Jamie and Fema'Traecipe for FOA.docx - 6/6/112:42 PM CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff vs. FERNA N. GARMAN and JAMIE D. GARMAN, Defendants CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 11-4295 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: r_0 zrr, L D r-n Please enter the appearance of BUZGON DAVIS LAW OFFICES, whose address is 525 South Eighth Street P.O. Box 49, Lebanon Pennsylvania 17042, as attorneys for FERNA N. GARMAN and JAMIE D. GARMAN, Plaintiffs in the above-captioned matter. BUZGON DAVIS LAW OFFICES BY: Jason J. Schibi er, Es is Attorney I.D. # 6 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-Mail: schibinger@buzgondavis.com Attorneys for Defendants Dated: (.c (-I ? I k Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff c ; t .. } C-n ---co CitiMortgage, Inc., V. PLAINTIFF, Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-4295 Civil CIVIL ACTION MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The Plaintiff, CitiMortgage, Inc., by and through undersigned counsel, M. Troy Freedman, Esquire, hereby moves this Honorable Court for summary judgment. In support thereof, the Plaintiff avers as follows: 1. On December 20, 2006, the Defendants executed a promissory Note (hereinafter referred to as "Note") in which they, inter alia, promised to repay a mortgage loan extended by Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for First Guaranty Mortgage Corporation (hereinafter referred to as "First Guaranty"), in the principal amount of $171,900.00. Contemporaneously therewith, the Defendants executed a Mortgage granting First Guaranty a first priority mortgage lien against the real property situated at 1118 Floribunda Lane Mechanicsburg, PA 17050 (hereinafter referred to as "Property") as security for the Defendants' faithful performance of their covenants and obligations under the Note including, but not limited to, their unconditional obligation to make, tender, and/or deliver consecutive monthly payments to First Guaranty, its successors and/or assigns.' 2. The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for CUMBERLAND County and has been assigned to the Plaintiff. A true and correct copy of the Assignment of Mortgage is attached hereto as Exhibit. "3" and made a part hereof. 3. Pursuant to Paragraph 2. of the Note and Paragraph Lof the Mortgage, the Defendants were and are unconditionally obligated to make, tender, and/or deliver consecutive monthly mortgage payments (hereinafter referred to as "mortgage payments") to First Guaranty, its successors and/or assigns. 4. According to the Affidavit of Kelly Bale (hereinafter sometimes referred to as "Pl.'s Aff."), a Payoff Quote, with certain proprietary and/or confidential information redacted, (attached hereto as Exhibit "5" and made a part hereof), and a printout of the Defendant's mortgage loan called a "Consolidated Note Report" (attached hereto as Exhibit "6" and made a part hereof),' the Defendants' mortgage loan account is in default. See, e. g., Ex. "4," at ¶6. 5. The Defendants' chronic failure and/or refusal to make, tender, and/or deliver payments on their mortgage loan account constitute defaults under Paragraph 6(B) of the Note and Paragraph 1. of the Mortgage. See Ex. "1," at 16(B) and Ex. "2," at ¶l. ' A true and correct copy of the Note is attached hereto as Exhibit "1" and made a part hereof. A true and correct copies of the recorded Mortgage is attached hereto as Exhibit "2" and made a part hereof. 2 The Pl.'s Aff. is attached hereto as Exhibit "4" and made a part hereof. 6. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 (hereinafter referred to as "Act 6 Notice")was sent to the Defendants. A true and correct copy of the Act 6 Notice is attached hereto as Exhibit "7" and made a part hereof. 7. Because the Defendants failed and/or refused to cure their default within thirty (30) days of the date of the Act 6 Notice, the Plaintiff properly commenced an action in foreclosure pursuant to Paragraph 18. of the Mortgage and Pa. R.C.P. 1141 et seq. 8. The Plaintiff's Complaint was filed on May 11, 2011.3 The Defendants filed or caused to be filed an Answer on or about June 8, 2011. A true and correct copy of the Defendants' filing is attached hereto as Exhibit "9" and made a part hereof. 9. The Defendants' responsive filing is dilatory and designed solely to delay the Plaintiff's rightful exercise of its statutory and contractual remedy of foreclosure. 10. There is no justification for the Defendants' chronic defaults under the Note and Mortgage; and there are simply no defenses to this action. Accordingly, there are no genuine issues as to any material facts and the Plaintiff is entitled to judgment as a matter of law. 11. The Defendants' outstanding balance has increased since the filing of the Complaint and totals $183,341.67 as of 3-1-2012, delineated as follows: Pl.'s Affidavit at ¶7. $183,341.67 Attorneys' Fees $ 4,821.30 Total $188,162.97 12. For purposes of this Motion only, the Plaintiff has reduced late charges from $846.60 to $296.31. Compare Ex. "4," at 2 with Ex. "5," at 1. 3 A true and correct time-stamped copy of the Plaintiffs Complaint (without exhibits) is attached hereto as Exhibit "8" and made a part hereof. 13. The damages that the Plaintiff seeks above are permitted under the terms of the subject Mortgage and Note. With respect to attorneys' fees, mortgagees are permitted under Pennsylvania law to request five percent (5%) of the principal balance of a delinquent mortgage loan for attorneys' fees. The figure of $4,821.30 is calculated by taking five percent (5%) of the principal balance ($8,153.30) less fees already paid ($3,332.00)4 to counsel. 14. In accordance with C.C.R.P. 208.3(a)(2), no judge has previously ruled on any issue in this matter. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter judgment, in rem, in favor of the Plaintiff and against the Defendants in the amount of $188,162.97, as of 3.1.12 together with ongoing interest at the rate of $27.92 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 1118 Floribunda Lane Mechanicsburg, PA17050. Respectfully submitted, RICHARD M. SQUIREA &SSOCIATE&Li-C By: / RichardAquire, Esq. (PA I.D.# 04267) V_ M. Troy eedman, Esq. (PA I.D.# 85165) Craig Oppenheimer, Esq. (PA I.D. #313264) Attorneys for Plaintiff Date: June 21, 2012 4 See Ex. "5," at 1. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff CitiMortgage, Inc., V. PLAINTIFF, Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-4295 Civil CIVIL ACTION MORTGAGE FORECLOSURE BRIEF/MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1. STATEMENT OF THE CASE On December 20, 2006, the Defendants executed a promissory Note (hereinafter referred to as "Note") in which they, inter alia, promised to repay a mortgage loan extended by Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for First Guaranty Mortgage Corporation (hereinafter referred to as "First Guaranty"), in the principal amount of $171,900.00. Contemporaneously therewith, the Defendants executed a Mortgage granting First Guaranty a first priority mortgage lien against the real property situated at 1118 Floribunda Lane Mechanicsburg, PA 17050 (hereinafter referred to as "Property") as security for the Defendants' faithful performance of their covenants and obligations under the Note including, but not limited to, their unconditional obligation to make, tender, and/or deliver consecutive monthly payments to First Guaranty, its successors and/or assigns. See generally, Exs. "1" and "2." The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for CUMBERLAND County and has been assigned to the Plaintiff. See generally, Ex. "3." Pursuant to Paragraph 2. of the Note and Paragraph L of the Mortgage, the Defendants were and are unconditionally obligated to make, tender, and/or deliver consecutive monthly mortgage payments (hereinafter referred to as "mortgage payments") to First Guaranty, its successors and/or assigns. Due to non-payment, Notice of Intention to Foreclose pursuant to 41 P.S. § 403 ("Act 6 Notice") was sent to the Defendants. See generally, Ex. "T" Because the Defendants failed and/or refused to cure their default within thirty (30) days of the date of the Act 6 Notice, the Plaintiff properly commenced an action in foreclosure pursuant to Paragraph 18. of the Mortgage and Pa. R.C.P. 1141 et seq. The Plaintiff's Complaint was filed on May 11, 2011. See generally, Ex. "8." The Defendants filed or caused to be filed an Answer on or about June 8, 2011. See generally, Ex. «9 II. STATEMENT OF THE QUESTION INVOLVED Is the Plaintiff entitled to summary judgment where there are no material facts in dispute and where there is no evidence of a prima facie defense? Suggested Answer: Yes. III. STANDARD FOR SUMMARY JUDGMENT Pursuant to Pa. R.C.P. 103 5.2, any party may move for summary judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense. In the "Official Note" immediately following Pa. R.C.P. 1035.2, it is stated that partial summary judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. A proper grant of summary judgment depends upon an evidentiary record that either (1) shows the material facts are undisputed or (2) contains insufficient evidence of facts to make out a prima facie cause of action or defense and, therefore, there is no issue to be submitted to the jury. Buchleitner v. Perer, 2002 PA Super 35, 794 A.2d 366 (2002). Upon the filing of a motion for summary judgment, Pa. R.C.P. 1035.3 imposes the following obligation on the non-moving party: The [non-moving] party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion or from a challenge to the credibility of one or more witnesses testifying in support of the motion, or (2) evidence in the record establishing the facts essential to the cause of action or defense which the motion cites as not having been produced. (Emphasis added). In other words, "The non-moving party may not rest on his pleadings but must come forward with evidence from which a reasonable jury could return a verdict in his favor." Svarzbein v. Saidel, 1999 U.S. Dist. LEXIS 14516, at *3 (E.D. Pa. 1999) (emphasis added). "Bold unsupported assertions of conclusory accusations," without more, "cannot create genuine issues of material fact." McCain v. Pennbank, 379 Pa. Super. 313, 318-319, 549 A.2d 1311, 1313-1314 (1988). Simply put, if the non-moving party does not file any response whatsoever or fails to adduce sufficient evidence which would result in a verdict in the non-moving party's favor, then the moving party is entitled to summary judgment. IV. LEGAL ARGUMENT A. The Plaintiff Is Entitled To Summary Judgment As There Are No Material Facts In Dispute And No Evidence Of A Prima Facie Defense The Plaintiff submits that the Defendants' responsive filing is essentially a dilatory filing designed solely to delay the Plaintiff's rightful exercise of its statutory and contractual remedy of foreclosure. There is no justification for Defendants' chronic defaults under the Note and Mortgage; and there are simply no defenses to this action. Accordingly, there are no genuine issues as to any material facts and the Plaintiff is entitled to judgment as a matter of law. The Plaintiff avers the following at Paragraph 7. of its Complaint: The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid Mortgage have not been made from October 1, 2010 through the present date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. See Ex. "8," at ¶7. The Defendants respond (in pertinent part) as follows: "It is admitted that some payments due and owing on the mortgage obligation have not been made." See Ex. "9," at 17. Thus, the Defendants have admitted to the default. Also, the Pl.'s Aff. and Consolidated Note Report indicate conclusively that the Defendants' mortgage loan is due for October 1, 2010. See Ex. "4," at ¶7 and Ex. "6." There is no evidence to contravene the fact that the Defendants' mortgage loan is due for October 1, 2010. Therefore, summary judgment is appropriate. B. The Plaintiff Has Established Its Damages Sufficiently In an action for mortgage foreclosure, the entry of summary judgment is proper if the mortgage is in default and the recorded mortgage is in a specified amount. See Landau v. Western Pa. Nat'l Bank, 445 Pa. 217, 225-6, 282 A.2d 335, 340 (1971). See also 22 Standard Pa. Practice 2d 121:69. This is so even if the mortgagor does not admit the total amount of the indebtedness. See id. Paragraph 9. of the Plaintiff's Complaint itemizes the Plaintiff's damages as of June 1, 2011. See Ex. "8," at 9. Notwithstanding the Defendants' denial of such averment, the Plaintiff has conclusively proven its damages through the Pl.'s Aff., the Payoff Quote, and the Consolidated Note Report. See Ex. "4," at ¶7. See also, Exs. "5" and "6." The Pl.'s Aff. and Payoff Quote itemize and describe the Plaintiff's damages including the principal, interest, late charges, corporate advances, and escrow advances incurred by the Plaintiff as a result of the Defendants' failure and/or refusal to make, tender, and/or deliver the monthly mortgage payments. See Ex. "4," at 17 and Ex. "5." The Pl.'s Aff., as substantiated by the Payoff Quote, reflects $183,341.67, exclusive of attorneys' fees, as of 3-1-12. After addition of attorneys' fees, the Plaintiff's damages are as follows: Pl.'s Affidavit at 17. $183,341.675 (exclusive of attorneys' fees) Attorneys' Fees $ 4,821.30 Total $188,162.97 The Plaintiff is entitled to recover the aforesaid fees and charges under the terms of the Mortgage. Paragraph 18. of the Mortgage states (in pertinent part) as follows: If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. This provision allows the Plaintiff to recover all expenses associated with the Defendants' failure and/or refusal to make, tender, and/or deliver the monthly mortgage payments as well as their failure and/or refusal to comply with other obligations set forth in the Mortgage such as paying taxes and maintaining homeowners' insurance. See also, Ex. 112," at IT 1.,6 2.,' and 4.g There is simply no evidence to refute these sums, making summary judgment in favor of the Plaintiff appropriate. 5 For purposes of this Motion, the Plaintiff has reduced late charges from $2,086.41 to $667.18. Compare Ex. "4," at 2. with Ex. "5," at 1. 6 Paragraph 1. of the Mortgage states: Payment of Principle, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. ' Paragraph 2. of the Mortgage states (in pertinent part): Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with principal and interest as set forth in the Note and any late charges, a sum for: (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and; (c) premiums for insurance required under Paragraph 4. 8 Paragraph 4. of the Mortgage states (in pertinent part): Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, an contingencies, including fire, for which the Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. C. The Attorneys' Fees Sought by the Plaintiff Are Reasonable Pennsylvania appellate courts have repeatedly held that a mortgagee is entitled in foreclosure to recover reasonable expenses, including attorneys' fees. See, e.g., Harper v. Consolidated Rubber Co., 284 Pa. 444, 131 A. 356 (1925); Citicorp Mortgage. Inc. v. Morrisville Hampton Village RealtL.P_, 443 Pa. Super. 595, 662 A.2d 1120 (1995); Foulke v. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super. 155, 173 A.2d 703 (1961). In Foulke, the Pennsylvania Superior Court, citing Galligan v. Heath, 260 Pa. 457, 103 A. 878 (1918), affirmed that a fixed sum of five percent (5%) of the mortgage principal is a reasonable attorneys' fee. 196 Pa. Super. at 159-160, 173 A.2d at 706. The Superior Court explained that "[t]he mortgagee, having loaned a fixed sum money [sic], should recover both the principal and interest without diminution for expenses which he may be forced to pay." Id. at 160, 173 A.2d at 706. Cf. Federal Land Bank of Baltimore v. Fewer, 269 Pa. Super. 455, 410 A.2d 344 (1979); Philadelphia Acceptance Corgi v. Krapf, 35 Pa. D. & C. 3d 101 (Bucks Cty. Ct. Com. Pl. 1984) (fixed sum of ten percent (10%) of the mortgage principal is a reasonable attorneys' fee in the event mortgage foreclosure proceeding involves litigation over preliminary objections, requires discovery, and proceeds to trial, among other things). In order to refute the Plaintiff's requested attorneys' fees, the defendant "must set forth some facts, beyond bald assertions, to support [his] argument that attorney's fees were unreasonable." See Citicorp Mortgage. Inc., 443 Pa. Super. at 601, 662 A.2d at 1123 (emphasis added). In the case at bar, the Defendants have failed to assert any requisite facts and have, therefore, failed to meet their burden of challenging any of the Plaintiff's requested attorneys' fees (which are, again, permitted under the salient case-law). The Plaintiff seeks attorneys' fees in the amount of $4,821.30, which is five percent (5%) of the principal balance ($8,153.30) less fees already paid ($3,332.00)9 to counsel, and therefore is in concert with the pertinent case law. C. The Defendants' Request for a Loss Mitigation Review Has Been Granted But No Response Has Been Tendered to the Undersigned Law Firm The Defendants' Answer further avers that the Defendants have sought to engage the Plaintiff in loss mitigation discussions. See generally, Ex. "9." While such averments substantiate that fact that the Defendants' mortgage loan is in default, they do not - under Pennsylvania law - create an issue of material fact. Moreover, the terms of the Mortgage do not accord the Defendants with any contractual right to a loss mitigation or loan workout review upon default thereunder. In actuality, the undersigned law firm provided the Defendants' counsel with materials for a loss mitigation or loan workout review on 6-9-11 via both facsimile and electronic mail. True and correct copies of the 6-9-11 cover letter (containing clear and detailed instructions for a response), seven (7) page Financial Statement, Dodd-Frank Certification, Request for Verification of Employment, Request for Transcript of Tax Return, and facsimile confirmation are collectively attached hereto as Exhibit "10" and made a part hereof. As of this date, the undersigned law firm has not received a completed package. V. CONCLUSION In this matter, there are no issues as to any material facts and the Plaintiff is entitled to judgment as a matter of law. The Plaintiff's Affidavit, Payoff Quote, and the Consolidated Note Report demonstrate that the Defendants' mortgage loan has been in default since October 1, 9 See Ex. "5," at 1. 2010. The Plaintiff's Affidavit, as substantiated by the Payoff Quote and Consolidated Note Report, set forth - in itemized fashion - the Plaintiff s damages as of 03-1-12 (exclusive of attorneys' fees, but which the Plaintiff is entitled to recover by way of this Motion both contractually and under common law). Accordingly, the Plaintiff respectfully requests that this Honorable Court enter judgment, in rem, in favor of the Plaintiff and against the Defendants in the amount of $188,162.97, as of 3.1.12 together with ongoing interest at the rate of $27.92 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 1118 Floribunda Lane, Mechanicsburg, PA 17050. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard . Squire, Esq. (PA I.D.# 04267) M. T y Freedman, Esq. (PA I.D.# 85165) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire ,squirelaw.com tfreedmanksquirelaw. com coppenheimer@squirelaw.com Attorneys for Plaintiff Date: June 21, 2012 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff CitiMortgage, Inc., PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS PENNSYLVANIA DOCKET NO: 11-4295 Civil CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, M. Troy Freedman, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiffs Motion for Summary Judgment, Brief/Memorandum of Law in Support thereof, Verification, and proposed form of Order upon the following person via regular mail, postage prepaid: Jason J. Schibinger, Esquire Buzgon Davis Law Office 525 South Eighth Street, Post Office Box 49 Lebanon, PA 17042-0049 RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M quire, Esq. (PA I.D.# 04267) M. Tro reedman, Esq. (PA I.D.# 85165) Craig ppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire ®; squirelaw.com tfreedman(gsquirelaw.com coppenheimer@sguirelaw.com Attorneys for Plaintiff Date: June 21, 2012 Exhibit 1 . NOTE' ? N0' i Multistate 4417885801703 MiN 10003146T00610026i MEiS Phone: 1-88M79-6377 LOAN NO.: S700Si0025 DSM USEt20, 2006 Patel 121 1118 FLORIBUNDA LANE, MB::MNICSBUFr3. PA 17050- MW" Z Address) 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means FIRST GUARANTY MORTGAGE CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY, INTEREST In return for a loan received from Lender, Borrower promises to pay the principal slum of ONE HUNDRED SEVENTY ONE THOUSAND NINE HUNDRED AND NO1100 X X X X X X X X X X X X X X X Dollars (U.S. $ 171,900.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX AND ONE QUARTER percent ( 6.250 ' %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument. " The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Tine Borrower shall make a payment of principal and interest to Lender on the first day of each month begloning on FEBRUARY, 2007 . Any principal and Interest remaining on the first day of JANUARY, 2037 , , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at FIRST GUARANTY MORTGAGE CORPORATION 8180 GREENSBORO DONE, 0500, MCLEAN, VA 22102 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and Interest will be in the amount of U.S. $ 1,058.42 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments Is executed by Borrower together with this Note, the covenants of the allonge sball be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable boa] []Graduated Payment Allonge Growing Equity Allonge Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment onother days provided that Borrower pays Interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or In the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Multistate Fixed Rate Note - 10195 VM P-1 R (0210).02 WL1615 Page 1 of 2 LENDER SUPPORT SYSTEMS. WC. NOTEXX.N EPW/01) CMI-89OF S2/CO 76. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the, full monthly payment required by the Security Instrument, as described in Paragraph 4 (C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge In the amount of FIVE percent ( 5.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require Immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights In the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in fall In the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used In this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment In full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower Is given a notice of that different address. 9. 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. - IIJ"-' 0 14-1-, - , (Seal (Seal) 7 D. -Borrower -Burrower ._ (Seal) (Seal) -Borrower -Bonnwer - (Seal) (Seal) -Borrower -Borrower --- (sea (Seal) Borrower Borrower VMFRt R (ozio)m Pere 2 or 2 WITH RECOURSE PAY TO THE ORDER OF: ?? FIRST GUARANTY O TQAOE ON Jetpe, Jr: 01Tt l?f O i u^AGrz INC 0004 Moqer IL Exhibit 2 -7ir'Ii_E"t JL'L•J.+ 09 Prepared By: FIRST GUARANTY MORTGAGE CORPORATION Return To: FIRST GUARANTY MORTGAGE CORPORATION LOAN NO.: 6700610025 8180 GREENSBORO DRIVE, #500 MCLEAN, VA 22102 MIN100031467006100251 MERS Phone: 1-888.679-6377 Parcel Number: 42-31-2153-034 Premises: 1118 FLORIBUNDA LANE, MECHANICSBURG. PA 17050- [Space Above This Line For Recording Data] Commonwealth of Pennsylvania MORTGAGE FHA Case No. 4417885901703 THIS MORTGAGE ("Security Instrument") is given on DECEMBER 20, 2006 The Mortgagor Is JAMIE D. GARMAN AND FERNA N. GARMAN, AS TENANTS BY THE ENTIRETY ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. FIRST GUARANTY MORTGAGE CORPORATION ("Lender") is organized and existing under the laws of VIRGINIA , and has an address of 8180 GREENSBORO DRIVE, #500, MCLEAN, VA 22102 Borrower owes Lender the principal sum of ONE HUNDRED SEVENTY ONE THOUSAND NINE HUNDRED AND NO/100 X X X X X X X X X Dollars (U.S. $ 171,900.00 ). P6 FHA Pennsylvania Mortgage with MERS - 4/96 A V-4N(FA) (obm) Pow 1 of 10 LENDER SUPPORT SYSTEMS INC. MERSP BK 1977PG3698 This debt Is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the fall debt, If not paid earlier, due and payable on JANUARY 01, 2037 - ,'T'his Security Instrument secures to Lender; (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in CUMBERLAND County, Pennsylvania: SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF PARCEL NO.: 42-31.2153-034 which has the address of 1118 FLORIBUNDA LANE [Street] MECHANICSBURG [City], Pennsylvania 17050- [zap Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing Is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the Interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right; to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real property. V-4N(PA) (osoa) Page z or 70 kiilLla: BK 1977PG3699 Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required If Lender still held the Security Instrument, each monthly payment shall also include either: (1) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (11) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's est row account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations. 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available In the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Leader shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for Items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: Fhhs . to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary Instead of the monthly mortgage Insurance premium: Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained In V-4N(PA) (0506) Pop 3 of 10 ineiw SK 1977PG3700 the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses In favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mall. Lender may make proof of loss if not made promptly by Borrower. Each hmrance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding Indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may Inspect the Property if the Property is vaunt or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default If Borrower, during the loan application process, gave materially false or inagcurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, Including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential. In connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. V-4N(PA) (ows) Page 4 of 10 rNewa: ORI977PG370I CMI-1179F CFNA/CO 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's Interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower falls to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (1) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall. if permitted by applicable law (including Section 341(4) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701]-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. VAN(AA) tosoa) Page s of 10 tNt 8K 1977PG3702 (d) Regulations of HUD Secretary. In many circumstances regulations Issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment In full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment In full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of Iwurance Is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated If Lender has requited immediate payment in frill because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses property associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as *if Lender had not required immediate payment in M. However. Lender is not required to permit reinstatement If. (1) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (fi) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor In Interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in Interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. Ile covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's Interest In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. V-4N(PA) (0506) Page 6 of 10 knit ;PV OK ! 977PG3703 13. Notices. Any notice to Borrower provided for In this Security Instrument shall be given by delivering It or by malling it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property Is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do. anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit 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 learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Envimnmental Law" means federal laws and laws of the jurisdiction where the Property Is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement In the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each V-4N(PA) (osoa) pa" 7 of io 6KI977PG3704 tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in fall under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in fall under Paragraph 9, the Secretary may invoke the nanjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19: Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted 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 attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. Q Adjustable Rate Rider Q Condominium Rider Q Growing Equity Rider Q Graduated Payment Rider Q Planned Unit Development Rider Rehabilitation Loan Rider Other(s) [specify] V-4N(PA) (osoe) Page a or io Udlid s: BKI977PG3705 BY SIGNING BELOW. Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: -wtraess CRAI . LESLIE -Wltaess CRAIG 4. LESLIE _(Seal) J D. GA -Borro N. GA A -Borrower (Seal) (Seal) -Borrower -Borrower fSeal) (seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower V-4N(PA) tosoe) Page 9 or 90 EK 1977PG3706 COMMONWEALTH OF PENNSYLVANIA, County ss: On this, 'N6 day of _ pp Co , before me, the undersigned officer, PAY aPPCarW JAMIE D. GARMAN, FERNA N. GARMAN known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that be/shelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set hand and official seal. My Commission Expires; C OF PENNSYLVANIA Nob W Seal Title of Officer Sheri L Mc UAW, Notary Puh6C Camp F#I (M CW691arA Cointy My Carrrntsd M Esp W Nov. 4.2007 mwnber. Penns*wle Assocladon Of Notch Certificate of Residence _ I, S q tL i L do hereby certify that the correct address of the within-named Mortgagee Is P.O. Bn3f 2026, Flint, MI 48501-2026. Witness my hand this day of 0 Agent of Mortgagee I Certify this to be recorded In Cumberland County PA r JA Recorder of Deeds V-4N(PA) (o-`+oe) Page 70 of 10 inu8K1977PG3707 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the township of Upper Allen, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point in the northern line of Floribunda Lane (50 feet wide), which said point is in the division line between Lots Nos. 27 and 28 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 27 and 28 on said plan, North nine (09) degrees four (04) minutes five (05) seconds West, 134 feet to a point at the corner of Lot No. 7 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 27 and 7 on said plan, North eighty (80) degrees fifty-five (55) minutes fifty-five (55) seconds East, 75 feet to a point at the corner of Lot No. 26 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 27 and 26 on said plan, South nine (09) degrees four (04) minutes five (05) seconds East, 134 feet to a point in the northern line of Floribunda Lane, aforementioned; thence extending along the northern line of Floribunda Lane, South eighty (80) degrees fifty-five (55) minutes fifty-five (55) seconds West, 75 feet to a point at the corner of Lot No. 28 on the hereinafter mentioned plan of lots, aforementioned, at the point and place of BEGINNING. BEING Lot No. 27, Block 8 on the Plan of Section 1 of Rosegarden, which said plan is recorded in Plan Book 27, Page 16, Cumberland County records. HAVING thereon erected a dwelling known and numbered as 1118 Floribunda Lane. SK 1977PG3708 (GARMAN.J D.PFD/GARMAN.JD/1 A,- Exhibit 3 X/ - 4RDERa SQL99, Prepared by: Record & Re!5DI to86 4 SearchTec 314 N 12M S4 Suite 100 Phila, Pa.19107- ? Richard M. Squire, Esquire 215-963-osss 115 West Avenue, Suite 104 ???f IIItNllf?il? I IIIII??I Jenkintown, PA 19046 Phone: (215) 886-8790 Fax: (215) 886-8791 Loan #2003983054 Parcel No. 42-31-2153-034 I do certify that the precise residence of the within named Assignee is: CitiMortgage, Inc. 1000 Technology Drive O'Falloi?,*O 63368-2240 Signed ?,? ASSIGNMENT OF MORTGAGE COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA FOR VALUE RECEIVED, the undersigned, MERS (Mortgage Electronic Registration Systems, Inc.) solely as nominee for First Guaranty Mortgage Corp its successors and assigns, does hereby grant, bargain, sell, convey, assign and deliver unto CitiMortgage, Inc. that certain Mortgage dated 12/20/2006 executed by Jamie D. Garman and Ferna N. Garman to MERS (Mortgage Electronic Registration Systems, Inc.) solely as nominee for First Guaranty Mortgage Corp its successors and assigns in the original amount of One Hundred Seventy-One Thousand Nine Hundred Dollars And 00/100 ($171,900.00), to the undersigned, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, Commonwealth of Pennsylvania, in Book 1977, Page 3698, on 12129/2006, together with the debt thereby secured and the note in the original amount therein described and all right, title and interest of the undersigned in and to the land and property conveyed by said Mortgage, said premises being situated in the County of Cumberland, Commonwealth of Pennsylvania, and known as: 1 See Exhibit "A" attached hereto for a complete legal description Commonly known as: 1118 Floribunda Lane, Mechanicsburg, PA 17050 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed, in its name by its duly authorized officers, on F 4145& Attest: MERS (Mortgage Electronic Attest: MERS (Mortgage Elec Registration Systems, Inc.) solely as nominee Registration Systems, Inc.) solely for First Guaranty Mortgage Corp its for First Guar y Mortgage Corp successors and assigns successors si B B Name: Kim Krakoviak Name: Scott Scheiner -Title: Vice President Title: Vice President State :of Missouri County of Saint Charles On before me TonYa GrAham , personally appeared Kim Krakoviak, Vice President and Scott Scheiner, Vice President who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of s uri that the foregoing paragraph is true and correct. Witness my hand and official seal. 77-N „ Notary Notbry PAA& - Note?y seal 5?te of A?nouri ?yco,mjmi?ssim + y41?4/??J ftku i? ASSIGNMENT OF MORTGAGE BETWEEN: MERS (Mortgage Electronic Registration Systems, Inc.) solely as nominee for First Guaranty Mortgage Corp .its successors and assigns AND CITIMORTGAGE, INC. MAIL TO: Richard M. Squire, Esquire Richard M. Squire & Associates, LLC 115 West Ave., Ste. 104 Jenkintown, PA 19046 3 EXMBIT AALa ALL THAT CERTAIN tractor parcel of land and premises, situate,. lying and being in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the northern line of Floribunda Lane (50 feet wide),: which said point is in the division line between hots Nos`. 27 and 28 on the hereinafter mentioned Plan of Lots; thence extending along the division line between hots Nos. 27. and 28 on said plan, North nine (09) degrees four (04) minutes five (05).seconds West, 134 feet to a point at the corner of Lot No. 1 on the hereinafter mentioned.Plan of Lots; thence extending along the division line between Lots Nos. 27 and 7 on said plan, North eighty (80) degrees fifty-five (55) minutes fifty-five (55) seconds East, 75 feet.to a point at the corner of Lot No. 26 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 27 and 26 on said plan, South nine (09) degrees four (04) minutes five (05) seconds East, 134 feet to a point in the northern line of Floribunda Lane,. aforementioned; thence extending along the northern line of Floribunda Lane, South eighty (80) degrees fifty- five (55) minutes fifty-five (55) seconds West, 75 feet to a point at the corner of Lot No. 28 on the hereinafter mentioned plan of lots, aforementioned, at the point and place of BEGINNING. BEING Lot NO. 27, Block B on the Plan of Section 1 of Roaegarden, which said plan is recorded in Plan Book 27, Page 16, Cumberland County records. HAVING THEREON ERECTED a ranch type dwelling with one car garage known as 1118 Floribunda Lane, Mechanicsburg, Pennsylvania. BEING the'same premises which Nationwide mutual insurance Company, an Ohio Corporation, by deed dated August, 27, 1953 and recorded in the Cumberland County Recorder of Deeds Office in Book N-36, Page 65,' granted and conveyed unto Scott J. Davis and Kathleen A. Davis, his wife, Grantors herein. BEING Parcel No. 42-31-2153-034. BEING the same premises which Scott J. Davis and Kathleen A. Davis, husband and wife, granted and conveyed unto Jamie D. Garman and Ferna N. Garman, husband and wife, by Deed dated December 20, 2006 and recorded on December 29, 2006 in the Office of the Recorder of Deeds of. Cumberland County, Commonwealth of Pennsylvania in Book 278, Page 874. 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201110892 Recorded On 4/12/2011 At 10:41:08 AM * Instrument Type- ASSIGNMENT OF MORTGAGE Invoice Number 85218 User ID - ES * Mortgagor - GARMAN, JAMIE D. * Mortgagee - GITIMORTGAGE:INC * Customer - SEARCHTEC INC * 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 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA /DrDS RECORDER O neo * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0028HIY` I II??I???I??I1? III III III Exhibit 4 ti% IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., Plaintiff, VS. FERNA N. GARMAN 1118 FLORIBUNDA LANE MECHANICSBURG, PA 17050JAMIE D. GARMAN 1118 FLORIBUNDA LANE MECHANICSBURG, PA 17050, Defendant(s). AFFIDAVIT CASE NO. 11-4295 Civil Kelly We , being first duly sworn on oath, deposes and states as follows: I am employed by CitiMortgage, Inc. as a Document Control Officer. In that capacity, I am authorized to execute this affidavit on behalf of CitiMortgage, Inc.. The statements made in this Affidavit are based on my personal knowledge. 2. In my capacity as a Document Control Officer, I have access to CitiMortgage, Inc.'s business records, including the business records for and relating to the account that forms the basis of this foreclosure action. I make this affidavit based upon my review of those records and from my own personal knowledge of how they are kept and maintained. The loan records are maintained by CitiMortgage, Inc. in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with knowledge. I reviewed CitiMortgage, Inc.'s business records, and I relied upon these records for the statements made in this Affidavit, which include but are not limited to the Mortgage, Note, and PA - Affidavit 1 CitiMortgage, Inc.'s electronic servicing system. True and correct copies of the Mortgage and Note are attached hereto. 4. By letter dated December 7, 2010, a Notice of Intention to Foreclose ("Notice") was sent to Defendant as required pursuant to Pennsylvania law. The Notice is a business record of CitiMortgage, Inc., maintained in the regular course of business. I make this affidavit based upon my review of that record relating to the Defendant's loan and, from my personal knowledge of how it is kept and maintained. The Notice is maintained by CitiMortgage, Inc. in the course of its regularly conducted business activities and is made at or near the time of the event, by or from information transmitted by a person with knowledge. A true and correct copy of the Notice is attached hereto. 5. The date of the mortgage is _12-20-2006 at -111. 8 Floribunda Lane, Mechanicsburg, PA 17050 _. CitiMortgage, Inc. is the mortgagee and is the servicer for the loan. An assignment of Mortgage was recorded on 4/12/2011_, and a hue and correct copy is attached hereto 6. The subject Mortgage is in default under the terms of the loan documents and the default has not been cured, making the entire balance due pursuant to the terms of the loan documents. for the property located 7. As a result of the default, the amounts due as of 3/1/2012, exclusive of attorneys fees and costs are as follows: Principal Balance Interest Due from 09/01/10 03/01/12 at 6.25 % Accrued Late Charges Escrow through $ 163,066.01 PA - Affidavit 1 2 $ 15,287.40 $ 296.31 Escrow Deficiency-Real Estate Taxes for the year 2011 $_2250. 18 Escrow Deficiency-Real Estate Taxes for the year _2011_ $ 629.11 Escrow Deficiency-Real Estate Taxes for the year $0 00 Hazard Insurance $_676.91 Mortgage Insurance Premium/ Private Mortgage Insurance $_995.60 Credits $ 0.00 Total Escrow Broker's Price Opinion/Appraisals Property Preservation Property Inspections Suspense Miscellaneous Charges/Credits as Follows: Interest on Escrow PA -Affidavit 1 3 $ 4,551.80 $ 0.00 $ 0.00 $ 229.50 $ (98.80) $ 9.45 1 TOTAL $ 183,341.67 BY: ajL , &A- Cev` l i l AFFIANT Ke Bale Document Con 1 Officer Subscribed and swom to before me this day ofjU 2012, by I c IKWw Baia Notary Public State of WOW My commission expires: Personally Known R Produced Identification Type of IdentificatioAn Produced: ) t'1 PA -Affidavit 1 Exhibit 5 February 14, 2012 ^# of pages faxed" pages faxed TO: @ Richard M. Squire & Assoc., LLC (215)886-8791 FROM: AIMCiti Mortgage, Inc. Phone Fax RE: JAMIE GARMAN CMI Loan # 2003983054 Attorney File # Counsel, Following is a payoff quote for the above loan. good thru 2/28/12 ACCOUNT # : 2003983054 0 TIED: SAVED DATE: 02/14/12 BORR NAME: JAMIE D GARMAN SAVED BY : 14596 PROP ADDR: 1118 FLORIBUNDA LANE PAYOFF GOOD THROUGH :03/01/12 MECHANICSBURG PA 17050 PRINCIPAL BALANCE : 163066.01 INTEREST CALCULATIONS ACCUM LATE CHARGE BAL : 846.60 INT RT CALC FR CALC TO INT CHGD FHA/PMI PREM TO: 03/01/12 130.44 06.25000 09/01/10 03/01/12 15287.40 PENDING INSPECTIONS 27.00 DELINQ EXPENSE TOTAL 3561.50 PD FC ATTY F&C: 3332.00 PD BK ATTY F&C: 0.00 PROP PRESERV: 0.00 INTEREST TOTAL TO 03/01/12 15287.40 APPRSL/BPO: 0.00 LESS UNAPPLIED FUNDS -98.80 INSPECTIONS: 229.50 ESCROW ADVNC BALANCE 4551.80 DELQ CONDO/COOP MNT: 0.00 PENDING ESCROW DISB 0.00 DELINQ EXPENSE CREDIT 0.00 SERVICING"FOES' 9.45 PER DIEM A.41"OTAL PAYOFF AMT: 187381.40 This quote must be verified by your office through ours the day before closing. This statement is always subject to change with receipts and disbursements. Counsel is instructed to ensure all costs, fees and late charges quoted are allowable by state legislative guidelines and adjust figures accordingly. Please add your outstanding fees and cost. c I may be contacted at (636) - should you have any questions or adjustments. Thank you *Calls are randomly monitored and recorded to ensure quality service. Exhibit 6 DLS00142 DLSM142 CONSOLIDATED NOTE REPORT 03/02/12 07:54 LOAN #: 2003983054 CUSTOMER: JAMIE D GARMAN TYP: 002 DEPT ID: ALL (ALL/SEL/ACRONYM) DAL: Y TYPE: F (F=FINANCIAL D=DATAMSGS B=BOTH) START DATE: 03/02/12 STOP DATE: 00/00/00 PRINT: Y (YIN) , , PRINTER: U20308 INV: 00543/00000 BLK: 045/000 UNAP: 98.80 CD: P PDTO: 09/01/10 PBAL: 163066.01 EBAL: -4551.80 WARN: 5 LOCK: 9 STOP: 00 I-YTD : 0.00 DATE 030112 129 022412 98 020912 020112 129 012612 98 010712 123111 122311 98 120811 TRAN PDTO TRAN AMT PRIN INT ESC L/C OT-AMT FEA 0901 -18.26 610-INTEREST ON ESCR ADV DAL AFTER 163066.01 -4551.80 UNAP 98.80 FEI 0901 -13.50 46-BIE-BATCH INSP EXP INNC- INSPECTION NO CON DAL AFTER 163066.01 -4551.80 UNAP 98.80 E70 0901 -65.22 PAYEE = HUD -65.22 .00 .00 DAL AFTER 163066.01 -4551.80 UNAP 98.80 FEA 0901 -9.45 610-INTEREST ON ESCR ADV BAL AFTER 163066.01 -4486.58 UNAP 98.80 FEI 0901 -13.50 46-BIE-BATCH INSP EXP INNC- INSPECTION NO CON DAL AFTER 163066.01 -4486.58 UNAP 98.80 E70 0901 -66.31 PAYEE = HUD -66.31 .00 .00 DAL AFTER 163066.01 -4486.58 UNAP 98.80 YTD 0901 .00 .00 00 2879 29 00 FEI E70 113011 E20 112511 FEI 98 110811 E70 102411 FEI 98 100611 E70 092311 FBI 98 090811 E70 082511 FEI 98 081011 E92 91 080911 E70 072611 FEI 98 070711 E70 062811 FEI 98 060911 E70 052411 FEI 98 052311 DEB DAL AFTER 0901 -13.5 DAL AFTER 0901 -66.3 DAL AFTER 0901 -676.0 DAL AFTER 0901 -13.5 BAL AFTER 0901 -66.3 BAL AFTER 0901 -13.5 DAL AFTER 0901 -66.3 DAL AFTER 0901 -13.5 DAL AFTER 0901 -66.3 DAL AFTER 0901 -13.5( PAL AFTER 0901 -2250.18 DAL AFTER 0901 -66.31 DAL AFTER 0901 -13.50 DAL AFTER 0901 --66.3 DAL AFTER 0901 -13.50 DAL AFTER 0901 -66.31 DAL AFTER 0901 -13.50 DAL AFTER 0000 345.00 39-PRCLSR ATTY 163066.01 -4420.27 UNAP 00 98.80 0 46-BIE-BATCH INSP EXP INNC- INSPECTION NO CON 163066.01 -4420.27 UNAP 98.80 1 PAYEE = HUD -66.31 .00 .00 163066.01 -4420.27 UNAP 98.80 0 PAYEE = STATE FARM -676.00 .00 .00 163066.01 -4353.96 UNAP 98.80 0 46-DIE-BATCH INSP EXP INVO- INSPECTION-VERIFY 163066.01 -3677.96 UNAP 98.80 1 PAYEE = HUD -66.31 .00 .00 163066.01 -3677.96 UNAP 98.80 0 46-BIE-BATCH INSP EXP INVO- INSPECTION-VERIFY 163066.01 -3611.65 UNAP 98.80 1 PAYEE = HUD -66.31 .00 .00 163066.01 -3611.65 UNAP 98.80 0 46-BIE-BATCH INSP EXP INVO- INSPECTION-VERIFY 163066.01 -3545.34 UNAP 98.80 1 PAYEE = HUD --66.31 .00 .00 163066.01 -3545.34 UNAP 98.80 46-DIE-BATCH INSP EXP INVO- INSPECTION- VERIFY 163066.01 -3479.03 UNAP 98.80 PAYEE = MECHANICSB --2250.18 CHK# 00121 919593 163066.01 -3479.03 UNAP 98.80 PAYEE = HUD -66.31 .00 .00 163066.01 -1228.85 UNAP 98.80 46--BIE-BATCH INSP EXP INVO-INSPECTION- VERIFY 163066.01 -1162-.54 UNAP 98.80 PAYEE = HUD -66.31 .00 .00 163066.01 -1162.54 UNAP 98.80 46-BIE-BATCH INSP EXP INVO-INSPECTION- VERIFY 163066.01 -1096.23 UNAP 98.80 PAYEE = HUD -66.31 .00 .00 163066.01 -1096.23 t)'NAP 98.80 46-BIE-BATCH INSP EXP INVO-INSPECTION-VERIFY 163066.01 -1029.92 TJ'13AP 98.80 4 10043709 RICHA RD M 15160 110523 F EE SER F-SERVICE COSTS 0 1 0 1 BAL AFTER 163066.01 -1029.92 UNAP 98 80 052311 DEB 0000 1500.00 410043709 RICHARD M 151 60 1 10523 . 39-FRCLSR ATTY FEE SDEP-SHERIFF DEPOSIT BAL AFTER 163066.01 -1029.92 UNAP 98 80 052311 DEB 0000 95.00 410043709 RICHARD M 151 60 1 10523 . 39-FRCLSR ATTY FEE RECF-RECORDING FEES BAL AFTER 163066.01 -1029.92 UNAP 98 80 052311 DEB 0000 92.00 410043709 RICHARD M 151 60 1 10523 . 39-FRCLSR ATTY FEE FILE-FILING FEES BAL AFTER 163066.01 -1029.92 UNAP 98 80 052311 DEB 0000 390.00 410043709 RICHARD M 15160 110523 . 39-FRCLSR ATTY FEE FATT-FORECLOSURE ATTY FEE BAL AFTER 163066.01 -1029.92 UNAP 98 80 050611 E70 0901 -66.31 PAYEE = HUD -66.31 .00 . .00 BAL AFTER 163066.01 -1029.92 UNAP 98 80 042711 FEI 0901 -13.50 46-BIE-BATCH INSP EXP INVO . -INSPECTION-VERIFY 98 BAL AFTER 163066.01 -963.61 UNAP 98 80 041211 E91 0901 -629.11 PAYEE = UPPER ALLE -629.11 . CHK## 00121879155 91 BAL AFTER 163066.01 -963.61 UNAP 98 80 040611 E70 0901 -66.31 PAYEE = HUD -66.31 .00 . .00 BAL AFTER 163066.01 -334.50 UNAP 98 80 032311 FEI 0901 -13.50 46-BIE-BATCH INSP EXP . INVO-INSPECTION-VERIFY 98 BAL AFTER 163066.01 -268.19 UNAP 98 80 030811 E70 0901 -66.31 PAYEE = HUD -66.31 .00 . .00 BAL AFTER 163066.01 -268.19 UNAP 98 80 022311 PEI 0901 -13.50 46-BIE-BATCH INSP EXP . INVO-INSPECTION-VERIFY 98 BAL AFTER 163066.01 -201.88 UNAP 98 80 022111 DEB 0000 395.00 410043709 RICHARD M 14505 110221 . 52-FORECLOSURE COSTS TITL-TITLE SEARCH EXPENSE BAL AFTER 163066.01 -201.88 UNAP 98 80 022111 DEB 0000 515.00 410043709 RICHARD M 14505 11 0221 . 39-FRCLSR ATTY FEE FATT-FORECLOSURE ATTY FEE BAL AFTER 163066.01 -201.88 UNAP 98 80 020911 E70 0901 -66.31 PAYEE = HUD -66.31 .00 . .00 BAL AFTER 163066.01 -201.88 UNAP 98 80 020311 AA 0901 .00 .00 .00 .00 .00 . 00 1148 BAL AFTER 163066.01 -135.57 UNAP . 98 80 012711 FEI 0901 -13.50 46-BIE-BATCH INSP EXP INVO- INSPECTION . -VERIFY 98 BAL AFTER 163066.01 -135.57 UNAP 98 80 010711 E70 0901 -67.33 PAYEE = HUD -67.33 .00 . .00 BAL AFTER 163066.01 -135.57 UNAP 98 80 010311 PT 0901 30.56 .00 .00 -68.24 .00 . 00 UNAPPL 98.80 . 1568 LC DT 0901 BAL AFTER 163066.01 -68.24 UNAP 98 80 010311 ITR 0901 OLD 8030 53 9 NEW 543 45 PBAL 163066. 01 EBAL . PERCENT 100.00 00 1568 BAL AFTER 163066.01 00.00 UNAP 00 00 010311 RT 0901 -30.56 .00 .00 68.24 .00 . 00 UNAPPL -93.80 . 1568 BAL AFTER 163066.01 00 00 123110 YTD 0901 .00 .00 8806.18 . 2592.06 .00 .00 PAL AFTER 163066.01 -68,24 98 80 122910 SR 0901 98.80 .00 .00 .00 .00 . 00 UNAPPL 98.80 . 10932 BAL AFTER 163066.01 --68.24 UNAP 98 80 122910 SR 0901 -98.80 .00 .00 .00 .00 . 00 UNAP P I, - 9 8. 8 0 . 109312 BAL AFTER 163066.01 -68.24 122010 FE! 0901 -13.50 46-BIE-BATCH IN-SP EXP INVO-INSPECTION-VERIFY 98 BAL AFTER 163066.0i -68.24 UNAP 98.80 120910 E70 0901 -67.33 PAYEE = HUD -67.33 .00 .00 BAL AFTER 163066.01 -68.24 UNAP 98 80 113010 E20 0901 -667.00 PAYEE = STATE FARM -667.00 .00 . .00 BAL AFTER 163066.01 -00.91 UNAP 98 80 111910 FEI 0901 -13.50 46-BIE-BATCH INSP EXP INVO . -INSPECTION-VERIFY 98 BAL AFTER 163066.01 666.09 UNAP 98 80 110910 E70 0901 -67.33 PAYEE = HUD -67.33 .00 . .00 BAL AFTER 163066.01 666.09 UNAP 98 80 101310 PA 0901 .00 208.03 850.39 361.98 .00 . 00 UNAPPL -1420.40 . 10932 BAL AFTER 163066.01 733.42 UNAP 98 80 101310 UI .00 .00 -42.33 . 00 10932 BAL AFTER 163274.04 371.44 UNAP . 1519 20 101210 PA 0801 .00 206.96 851.46 361.98 .00 . 00 UNAPPL -1420.40 . 10932 BAL AFTER 163274.04 371.44 UNAP 1519 20 101210 UI .00 .00 -42.33 . 00 10932 BAL AFTER 163481.00 09.46 UNAP . 2939 60 101110 PA 0701 .00 205.88 852.54 361.98 .00 . 00 UNAPPL -1420.40 . 10932 BAL AFTER 163481.00 09.46 UNAP 2939 60 101110 Ui .00 .00 -42.33 . 00 10932 BAL AFTER 163686.88 -352.52 UNAP . 4360 00 100810 SR 0601 4360.00 .00 .00 .00 .00 . 00 UNAPPL 4360.00 . 11244 BAL AFTER 163686.88 -352.52 UNAP 4360 00 100710 FEP 0601 20.00 718-SPEEDPAY FEE . 301 BAL AFTER 163686.88 -352.52 100710 FEA 0601 -20.00 718-SPEEDPAY FEE 301 BAL AFTER 163686.88 -352.52 100710 E70 0601 -67.33 PAYEE = HUD -67.33 .00 .00 BAL AFTER 163686.88 -352.52 092210 FEI 0601 -13.50 46-BIE-BATCH INSP EXP INVO- INSPECTION-VERIFY 98 BAL AFTER 163686.88 -285.19 090910 E70 0601 -67.33 PAYEE = HUD -67.33 .00 .00 BAL AFTER 163686.88 -285.19 082410 FEI 0601 -13.50 46-BIE-BATCH INSP EXP INVO- INSPECTION-VERIFY 98 BAL AFTER 163686.88 -217 86 081710 E92 0601 -2016.26 PAYEE = MECHANICSB . -2016.26 C14K# 00121790499 91 BAL AFTER 163686.88 -217.86 080610 E70 0601 -67.33 PAYEE = HUD -67.33 .00 .00 BAL AFTER 163686.88 1798.40 070710 E70 0601 -67.33 PAYEE = HUD -67.33 .00 .00 BAL AFTER 163686.88 1865.73 070510 FEP 0601 20.00 718--SPEEDPAY FEE 10932 BAL AFTER 163686.88 1933.06 070510 FEA 0601 -20.00 718--SPEEDPAY FEE 10932 BAL AFTER 163686.88 1933.06 070210 SR 0601 42.33 .00 .00 .00 42.33 00 200 BAL AFTER 163686.88 1933.06 . 070210 UI .00 .00 42.33 00 200 BAL AFTER 163686.88 1933.06 . 070210 RP 0601 1420.40 204.82 853.60 361.98 .00 00 200 BAL AFTER 163686.88 1933 06 . 070210 UI .00 . .00 -42.33 00 200 BAL AFTER 163891.70 1571 08 . 060910 E70 0501 -67.33 PAYEE = HUD . -67.33 .00 .00 BAL AFTER 163891.70 1571.08 052510 FEP 0501 20.00 718-SPEEDPAY FEE 301 BAL AFTER 163891.70 1638.41 1 052510 FEA 301 052510 FER 301 052510 FEP 301 052510 FEP 301 052510 SR 301 052510 UI 301 052510 RP 301 052510 UI 301 052510 RP 301 052510 UI 301 052010 FEI 98 050710 E70 040710 E91 91 040710 E70 030910 E70 0501 -20.00 718-SPEEDPAY FEE DAL AFTER 163891.70 0501 -27.00 44-REINSTMNT TO EXPENSE DAL AFTER 163891.70 0501 27.00 46-BIE-BATCH INSP EXP DAL AFTER 163891.70 0501 27.00 44-REINSTMNT TO EXPENSE DAL AFTER 163891.70 0501 84.66 .00 .00 DAL AFTER 163891.70 .00 DAL AFTER 163891.70 0501 1420.40 203.76 854.66 DAL AFTER 163891.70 .00 DAL AFTER 164095.46 0401 1420.40 202.70 855.72 DAL AFTER 164095.46 .00 DAL AFTER 164298.16 0301 -13.50 46-BIE-BATCH INSP EXP DAL AFTER 164298.16 0301 -67.33 PAYEE = HUD DAL AFTER 164298.16 0301 -575.80 PAYEE = UPPER ALLE DAL AFTER 164298.16 0301 -67.33 PAYEE = HUD DAL AFTER 164298.16 0301 -67.33 PAYEE = HUD BAL AFTER 164298.16 022310 FEI 0301 -13.50 46-BIE-BATCH INSP EXP 98 DAL AFTER 164298.16 022310 FER 0301 -25.00 744-UNSECURED CLEARING 7108 BAL AFTER 164298.16 022310 FEP 0301 15.00 718-SPEEDPAY FEE 7108 DAL AFTER 164298.16 022310 FEP 0301 10.00 706-RETURNED PYMT CHARGE 7108 BAL AFTER 164298.16 022310 FEP 0301 25.00 744-UNSECURED CLEARING 7108 DAL AFTER 164298.16 022310 FER 0301 -28.50 44-REINSTMNT TO EXPENSE 7108 DAL AFTER 164298.16 022310 FEP 0301 28.50 46-BIE-BATCH INSP EXP 7108 DAL AFTER 164298.16 022310 FEP 0301 28.50 44-REINSTMNT TO EXPENSE 7108 DAL AFTER 164298.16 022310 SR 0301 151.50 24.51 .00 7108 PAL AFTER 164298.16 022310 UI .00 7108 LC DT 0222 DAL AFTER 164322.67 022310 RP 0301 1420.40 201.52 856.90 7108 LC DT 0222 DAL AFTER 164322.67 022310 RP 0201 1414.92 200.48 857.94 7108 LC DT 0222 DAL AFTER 164524.19 022310 UI .00 7108 LC DT 0222 DAL AFTER 164724.67 022310 RP 0101 1414.92 199.44 858.98 7108 LC DT 0222 DAL AFTER 1.64724.67 022310 UI 00 7108 LC DT 0222 PAL AFTER 164924.11 1638.41 1638.41 1638.41 1638.41 .00 84.66 0c 1638.41 .00 84.66 .00 1638.41 361.98 .00 .00 1638.41 .00 -42.33 .00 1276.43 361.98 .00 .00 1276.43 .00 -42.33 .00 914.45 INNC- INSPECTION NO CON 914.45 -67.33 .00 .00 914.45 -575.80 CHO 00121742074 981.78 -67.33 .00 .00 1557.58 -67.33 .00 .00 1624.91 INNC-INSPECTION NO CON 1692.24 1692.24 1692.24 1692.24 1692.24 1692.24 1692.24 1692.24 .00 1692.24 .00 1692.24 361.98 1692.24 356.50 1330.26 .00 973.76 356.50 973.76 .00 617.26 126.99 .00 126.99 .00 .00 .00 .00 .00 -42.33 .00 .00 .00 -42.33 .00 11 022310 PA 1201 44.76 198.41 860.01 UNAPPL -1370.16 7108 LC DT 0222 BAL AFTER 164924.11 022310 UI .00 7108 LC DT 0222 BAL AFTER 165122.52 022210 FEP 1101 20.00 718-SPEEDPAY FEE 301 BAL AFTER 165122.52 022210 FEA 1101 -20.00 718-SPEEDPAY FEE 301 BAL AFTER 165122.52 020610 E70 1101 -67.33 PAYEE = HUD BAL AFTER 165122.52 012210 FEI 1101 -13.50 46-13IE-BATCH INSP EXP 98 BAL AFTER 165122.52 010710 E70 1101 -68.29 PAYEE = HUD DAL AFTER 165122.52 123109 YTD 1101 .00 .00 9992.46 BAL AFTER 165122.52 121709 FEP 1101 20.00 718-SPEEDPAY FEE 7533 BAL AFTER 165122.52 121709 FEA 1101 -20.00 718-SPEEDPAY FEE 7533 BAL AFTER 165122.52 121709 FER 1101 -75.00 44-REINSTMNT TO EXPENSE 7533 BAL AFTER 165122.52 121709 FEP 1101 75.00 46-BIE-BATCH INSP EXP 7533 BAL AFTER 165122.52 121709 FEP 1101 75.00 44-REINSTMNT TO EXPENSE 7533 BAL AFTER 165122.52 121709 SR 1101 345.89 .00 .00 7533 BAL AFTER 165122.52 121709 UI 7533 121709 RP 7533 121709 UI 7533 121709 RP 7533 121709 UI 7533 121709 RP 7533 121709 UI 7533 120809 E70 .00 BAL AFTER 165122.52 1101 1414.92 197.38 861.04 BAL AFTER 165122.52 .00 BAL AFTER 165319.90 1001 1414.92 196.36 862.06 BAL AFTER 165319.90 .00 BAL AFTER 165516.26 0901 1414.92 195.34 863.08 BAL AFTER 165516.26 0801 120109 E20 0801 112409 FEI 98 110409 E70 102109 FEI 98 101009 PA UNAPPL 201 101009 UI 201 101009 PA UNAPPL 0801 0801 0801 BAL AFTER 165711.60 .ac -68.29 PAYEE = HUD BAL AFTER 165711.60 -625.00 PAYEE = STATE FARM BAL AFTER 165711.60 -15.00 46-BIE-BATCH INSP EXP BAL AFTER 165711.60 -68.29 PAYEE = HUD BAL AFTER 165711.60 -15.00 46-BIE-13ATCH INSP EXP BAL AFTER 165711.60 0801 .00 194.33 864.09 -1414.92 BAL AFTER 165711.60 .00 BAT AFTER 165905.93 0701 .00 193.32 865.10 -1414.92 356.50 .00 .00 617.26 .00 -42.33 .00 260.76 UNAP 1370.16 260.76 UNAP 1370.16 260.76 UNAP 1370.16 -67.33 .00 .00 260.76 UNAP 1370.16 INNC- INSPECTION NO CON 328.09 UNAP 1370.16 -68.29 .00 .00 328.09 UNAP 1370.16 2497.15 .00 .00 396.38 UNAP 1370.16 396.38 UNAP 1370.16 396.38 UNAP 1370.16 396.38 UNAP 1370.16 396.38 UNAP 1370.16 396.38 UNAP 1370.16 .00 345.89 .00 396.38 UNAP 1370.16 .00 345.89 .00 396.38 UNAP 1370.16 356.50 .00 .00 396.38 UNAP 1370.16 .00 -42.33 .00 39.88 MAP 1370.16 356.50 .00 .00 39.88 UNAP 1370.16 .00 -42.33 .00 -316.62 UNAP 1370.16 356.50 .00 .00 -316.62 UNAP 1370.16 .00 -42.33 .00 -673.12 UNAP 1370.16 -68.2`9 .00 .00 -673.12 UNAP 1370.16 -625.00 .00 .00 -604.83 UNAP 1370.16 INNC-INSPECTION NO CON 20.17 UNAP 1370.16 -68.29 .00 .00 20.17 UNAP 1370.16 INNC-INSPECTION NO CON 88.46 UNAP 1370.16 356.50 .00 .00 88.46 UNAP 1370.16 .00 -42.33 .00 -268.04 UNAP 2785.08 356.50 .00 .02` 201 101009 UI 201 101009 SR UNAPPL 13849 100709 E70 092409 FEI 98 090309 E70 090209 FEI 98 081409 E92 91 080509 E70 073009 RP 16997 073009 UI 16997 072709 FEA 17224 072709 PR 17224 072709 SR 17224 072709 UI 17224 072709 FER 17224 071609 FEP 301 071609 FEA 301 071609 SR 301 071609 UI 301 071609 RP 301 071609 UI 301 070709 E70 061909 FE! 98 061909 SR 200 061909 UI 200 061909 RP 200 061909 UI 200 060409 E70 052209 RP 500 DAL AFTER 165905.93 .oo DAL AFTER 166099.25 0601 4200.00 .00 .00 4 200. 00 DAL AFTER 166099.25 0601 -68.29 PAYEE = HUD DAL AFTER 166099.25 0601 -15.00 46-DIE-13ATCH INSP EXP DAL AFTER 166099.25 0601 -68.29 PAYEE = HUD DAL AFTER 166099.25 0601 -15.00 46-PIE-BATCH INSP EXP DAL AFTER 166099.25 0601 -1960.03 PAYEE = MECHANICSB DAL AFTER 166099.25 0601 -68.29 PAYEE = HUD DAL AFTER 166099.25 0601 1414.92 192.32 866.10 DAL AFTER 166099.25 .00 DAL AFTER 166291.57 0501 -10.00 706-RETURNED P YMT CHARGE DAL AFTER 166291.57 0501 - 1414.92 -192.32 -866.10 DAL AFTER 166291.57 0601 -5.08 .00 .00 DAL AFTER 166099.25 DAL AFTER 166099.25 .00 0601 -15.00 718-SPEEDPAY FEE BAL AFTER 166099.25 0601 15.00 718-SPEEDPAY FEE DAL AFTER 166099.25 0601 -15.00 718-SPEEDPAY FEE DAL AFTER 166099.25 0601 5.08 00 DAL AFTER 166099.25 .00 DAL AFTER 166099.25 0601 1414.92 192.32 866.10 DAL AFTER 166099.25 .00 DAL AFTER 166291.57 0501 -68.29 PAYEE = HUD DAL AFTER 166291.57 0501 -15.00 46-BIE-BATCH INSP EXP DAL AFTER 166291.57 0501 35.08 .00 .00 DAL AFTER 166291.57 .00 DAL AFTER 166291.57 0501 1414.92 191.32 867.10 PAL AFTER 166291.57 .00 DAL AFTER 166482.89 0401 -68.29 PAYEE = HUD BAT. AFTER 166482.89 040" L414.92 190.33 868.09 BAL AFTER 166482.89 .00 .oo .ad .00 -268.04 UNAP 2785.08 .00 -42.33 .00 -624.54 UNAP 4200.00 1N -INSPECTION NO CON -624.54 UNAP 4200.00 -68.29 .00 .00 -624.54 -556.25 -68.29 .00 .00 -556.25 INNC-INSPECTION NO CON -487.96 -1960.03 CHK# 00121627820 -4$7.96 -68.29 .00 .00 1472.07 356.50 .00 .00 1540.36 .00 -42.33 .00 1183.86 1183.86 -356.50 .00 .00 1183.86 .00 -5.08 .00 1544.36 .00 -5.08 .00 1540.36 1540.36 1540.36 1540.36 .00 5.08 .00 1540.36 .QO 5.08 .00 1540.36 356.50 .00 .Od 1540.36 .00 -42.33 .00 1183.86 -68.29 .00 .00 1183.86 IN717C-INSPECTION NO CON 1252.15 .00 35.08 .00 1252.15 .00 35.08 .00 1252.15 356.50 .00 .00 1252.15 .00 -42.33 .00 895.65 -68.29 .00 .00 895.65 356.50 .00 a 963.94 052209 UI 500 DAL AFTER .00 166673.22 .00 607 44 -42.33 .00 052009 FEI 0301 -15.00 46-DIE-BATCH INSP EXP . INNC- INSPECTION NO CON 98 DAL AFTER 166673.22 607 44 050609 E70 0301 -68.29 PAYEE = HUD . -68.29 .00 00 DAL AFTER 166673.22 607 44 . 041509 E91 0301 -537.12 PAYEE = UPPER ALLE , -537.12 CHK# 00121574798 91 BAL AFTER 166673.22 675 73 040809 E70 0301 -68.29 PAYEE = HUD . -00-8.29 .00 00 DAL AFTER 166673.22 1212 85 . 032709 FEP 0301 10.00 746-WE13 ACH PAYMENT FEE . 95 DAL AFTER 166673.22 1281 14 032709 FEA 0301 -10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 166673.22 1281 14 032709 SR 0301 42.33 .00 .00 . .00 42 33 00 95 DAL AFTER 166673.22 1281 14 . . 032709 UI . 95 LC DT 0326 DAL AFTER .00 166673.22 .00 1281 14 42.33 .00 032709 RP 0301 1414.92 189.34 869.08 . 356.50 00 00 95 LC DT 0326 BAL AFTER 166673.22 1281 14 . . 032709 UI . 95 LC DT 0326 DAL AFTER .00 166862.56 .00 924 64 -42.33 .00 030509 E70 0201 -68.29 PAYEE = HUD . -68.29 .00 00 DAL AFTER 166862.56 924 64 . 022109 FEP 0201 10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 166862.56 992 93 022109 FEA 0201 -10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 166862.56 992 93 022109 SR 0201 42.33 .00 .00 . .00 42 33 00 95 DAL AFTER 166862.56 992 93 . . 022109 UI . 95 LC DT 0220 DAL AFTER .00 166862.56 .00 992 93 42.33 .00 022109 RP 0201 1414.92 188.36 870.06 . 356.50 00 00 95 LC DT 0220 DAL AFTER 166862.56 992 93 . . 022109 UI . 95 LC DT 0220 DAL AFTER .00 167050.92 .00 636 43 -42.33 .00 020509 E70 0101 -68.29 PAYEE = HUD . -68 29 00 DAL AFTER 167050.92 . 636 43 . .00 011609 FEP 0101 10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 167050.92 704 72 011609 FEA 0101 -10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 167050.92 704 72 011609 RP 0101 1414.92 187.39 871.03 . 356.50 00 00 95 LC DT 0115 DAL AFTER 167050.92 704 72 . . 010709 E70 1201 -69.20 PAYEE = HUD . -69 20 00 DAL AFTER 167238.31 . 348 22 . .00 123108 YTD 1.201 .00 .00 10962.87 . 2404.71 .00 00 121908 FEP DAL AFTER 167238.31 2.201 10.00 746-,WEB ACH PAYMENT FEE 417.42 . 00.00 95 DAL AFTER 167238.31 417 42 121908 FEA 1201 -10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 167238.31 417 42 121908 RP 1201 1384.02 186.42 872.00 . 325 60 00 95 LC DT 1216 DAL AFTER 167238.31 . 417 42 . .00 121108 E20 1101 -771.00 PAYEE = STATE FARM . -771 00 00 DAL AFTER 167424.73 . 91 82 . .00 120408 E70 110i 0- -69.20 PAYEE = HUD . -69 20 QO DAL AFTER 167424.73 . . .OQ 112108 FEP 1101 10.00 7 46-WEB ACH PAYMENT FEE 95 DAL AFTER 167424-73 932.02 112108 FEA 1101 -10.00 746-WEB ACH PAYMENT FEE 95 DAL AFTER 167424.73 932 02 112108 SR 1101 42.33 .00 .00 . .00 42 33 00 95 DAL AFTER 167424.73 932 02 . . 112108 UI . 95 LC DT 1120 DAL AFTER 167424.73 .00 .00 932 02 42.33 .00 112108 RP 1101 1384.02 185.45 872.97 . 325.60 00 00 95 LC DT 1120 DAL AFTER 167424.73 932 02 . . 112108 UI . 95 LC D T 1120 DAL AFTER 167610.18 .00 .00 606 42 -42.33 .00 110608 E70 1001 -69.20 PAYEE = HUD . -69.20 .00 00 DAL AFTER 167610.18 606 42 . 102408 FEP 1001 10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 167610.18 675 62 102408 FEA 1001 -10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 167610.18 675 62 102408 SR 95 1001 42.33 .00 .00 . .00 42.33 00 DAL AFTER 167610.18 675 62 . 102408 UI . 95 LC DT 1023 BAL AFTER .167610.18 .00 .00 675 62 42.33 .00 102408 RP 1001 1384.02 184.49 873.93 . 325.60 00 00 95 LC DT 1023 DAL AFTER 167610.18 675 62 . . 102408 UI . 95 LC DT 1023 DAL AFTER 167794.67 .00 .00 350 02 -42.33 .00 100808 E70 0901 -69.20 PAYEE = HUD . -69 20 00 DAL AFTER 167794.67 . 350 02 00 092508 SR 0901 .00 281.65 .00 . 00 00 UNAPPL -281.65 . . .00 201 DAL AFTER 167794.67 419 22 092508 FER 0901 -10.00 744-UNSECURED CLEARING . 301 092508 FEP DAL AFTER 0901 10.00 168076.32 706-RETURNED P 419.22 UNAP 281.65 301 DAL AFTER 168076 32 YMT CHARGE 092508 FEP 0901 10.00 . 744-UNSECURED CLEARING 419.22 UNAP 281.65 301 092508 FER DAL AFTER 0901 -60 00 168076.32 419.22 UNAP 281.65 . 44-REINSTMNT TO EXPENSE 301 092508 FEP DAL AFTER 0901 60 00 168076.32 419.22 UNAP 281.65 . 46-BIE-BATCH INSP EXP 301 092508 FEP DAL AFTER 0901 60 00 168076.32 419.22 UNAP 281.65 301 . 44-REINSTMNT TO EXPENSE 092508 SR DAL AFTER 0901 253 98 168076.32 419.22 UNAP 281.65 301 . DAL AFTER .00 168076 32 .00 .00 253.98 .00 092508 UI . 419.22 UNAP 281.65 301 DAL AFTER 168076 32 .00 .00 253.98 .00 092508 RP 0901 1384.02 . 182.07 876 35 419.22 325 60 UNAP 281.65 301 092508 UI DAL AFTER 168076.32 . . 419.22 .00 LZ?IAP .00 281.65 301 DAL AFTER 168258 39 .00 .00 -42.33 .00 091408 PA 0801 .00 . 181.13 877 29 93.62 325 60 UNAP 281.65 UNAPPL -1384.02 . . .00 .00 7532 LC DT 091408 UI 0911 DAL AFTER 168258.39 93.62 UNAP 281.65 7532 LC DT 0911 BAL AFTER 168439 52 0 0 . - . d 091408 PA 0701 2017.73 . 180.19 878 23 98 325 60 UNA 0 1665 6 TJNAPPL 633.71 . . . 0 .00 7532 LC DT 091408 UT 0911 DAL AFTER 168439.52 - 231.98 L'NAP 1665.67 7532 LC DT 0911 BAL AFTER 168619 71 .00 .00 -42.33 •d0 091108 SR 06:1 615.98 . 00 - 57.58 UNAP 1031.96 . .O0 v .00 . 00 .00 UNAPPL 615.98 13849 091108 RP BAL AFTER 0601 168619.71 -557.58 UNAP 1031.96 1384.02 179.26 879.16 13849 LC DT 0910 BAL AFTER 168619 71 325.60 .00 .00 091108 UI . -557.58 UNAP 415.98 13849 LC D T 0910 BAL AFTER .00 168798.97 .00 -883 18 -42.33 UNAP .00 090808 RP 0501 1384.02 178.33 880.09 . 325.60 00 415.98 00 7533 LC D 090808 UI T 0904 BAL AFTER 168798.97 -883.18 . UNAP . 415.98 7533 LC DT 0904 BAL AFTER .00 168977.30 .00 -1208.78 -42.33 UNAP .00 415 98 090408 E70 0401 -69.20 PAYEE = HUD -69.20 .00 . 00 082108 FEI BAL AFTER 0401 -15.00 168977.30 46-BIE-BATCH INSP EXP -1208.78 . UNAP 415.98 98 SAL AFTER 168977 30 INVO- INSPECTION -VERIFY 081908 E92 0401 -1883.22 . PAYEE = MECHANICSB -1139.58 -1883.22 UNAP CHK# 0012 415.98 0058921 91 080608 E70 BAL AFTER 0401 -69.20 168977.30 PAYEE = HUD -1139.58 UNAP 415;98 PAL AFTER 168977.30 -69.20 743.64 .00 UNAP .00 415 98 072208 FEI 0401 -15.00 46-BIE-BATCH INSP EXP INNC- INSPECTION . NO CON 98 070808 E70 BAL AFTER 0401 -69.20 168977.30 PAYEE = HUD 812.84 UNAP 415.98 062608 PEP BAL AFTER 0401 168977.30 -69.20 812.84 .00 UNAP .00 415.98 10.00 718-SPEEDPAY FEE 301 062608 PEA BAL AFTER 0401 -10.00 168977.30 718-SPEEDPAY FEE 882.04 UNAP 415.98 301 062608 SR BAL AFTER 0401 415 98 168977.30 882.04 UNAP 415.98 UNAPPL . 415.98 .00 .00 .00 .00 .00 301 062608 RP BAL AFTER 0401 1384 02 168977.30 882.04 UNAP 415.98 301 . BAL AFTER 177.41 881.01 168977 30 325.60 .00 .00 062608 UI . 882.04 301 BAL AFTER .00 169154.71 .00 556 44 -42.33 .00 062308 FEI 98 0301 -15.00 46-BIE-BATCH INSP EXP . INNC-INSPECTION NO CON BAL AFTER 169154.71 556 44 060508 E70 0301 -69.20 PAYEE = HUD . -69.20 .00 00 BAL AFTER 169154.71 556 44 . 052208 FEI 98 0301 -15.00 46-BIE-BATCH INSP EXP . INNC-INSPECTION NO CON BAL AFTER 169154.71 625 64 050708 E70 0301 -69.20 PAYEE = HUD . -69 20 00 BAL AFTER 169154.71 . 625 64 . .00 041608 E91 91 0301 -521.49 PAYEE = UPPER ALLE . -521.49 CHK# 00120 028326 BAL AFTER 169154.71 694 84 040808 E70 0301 -69.20 PAYEE = HUD . -69 20 00 BAL AFTER 169154.71 . 1216 33 . .00 031408 PEP 0301 10.00 746-WEB ACH PAYMENT FEE . 95 BAL AFTER 169154.71 1285 53 031408 PEA 0301 -10.00 746-WEB ACH PAYMENT FEE . 95 BAL AFTER 169154.71 1285 53 031408 RP 0301 1384.02 176.49 881.93 . 325.60 00 00 95 LC DT 0313 BAL AFTER 169154.71 1285 53 . . 030608 E70 0201 -69.20 PAYEE = HUD . -69.20 .00 00 BAL AFTER 269331.20 959 93 . 022208 PEP 0201 10.00 746-WEB ACH PAYMENT FEE . 95 BAL AFTER 169331.20 1029 13 022208 FEA 0201 -10.00 746-WEB ACH PAYMENT FEE . 95 BAL AFTER 169331.20 1029 13 022208 SR 95 0201 42.33 .00 .00 . .00 42.33 00 BAL APTER 169331.20 1029 13 . 022208 UI . .00 .00 42.33 .00 95 LC DT 0221 DAL AFTER 169331.20 1029 13 022208 RP 0201 1384.02 175.57 882.85 . 325.60 00 00 95 LC D T 0221 DAL AFTER 169331.20 1029 13 . . 022208 UI . 95 LC D T 0221 DAL AFTER 169506.77 .00 .00 703 53 -42.33 ,00 020608 E70 0101 -69.20 PAYEE = HUD . -69.20 .00 00 DAL AFTER 169506.77 703 53 . 011808 FEP 0101 10.00 746-WEB ACH PAYMENT FEE . 95 BAL AFTER 169506.77 772 73 011808 FEA 0101 -10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 169506.77 772 73 011808 SR 0101 42.33 .00 .00 . .00 42 33 00 95 DAL AFTER 169506.77 772 73 . . 011808 UI . 95 LC DT 0117 DAL AFTER 169506.77 .00 .00 772 73 42.33 .00 011808 RP 0101 1384.02 174.66 883.76 , 325.60 00 00 95 LC DT 0117 DAL AFTER 169506.77 772 73 . . 011808 UI , 95 LC DT 0117 DAL AFTER 169681.43 .00 .00 447 13 -42.33 .00 011008 E20 1201 -686.00 PAYEE = STATE FARM . -686.00 .00 00 BAL AFTER 169681.43 447 13 . 010808 E70 1201 -70.05 PAYEE = HUD . -70.05 .00 00 BAL AFTER 169681.43 1133 13 , 123107 YTD 1201 .00 .00 9949.37 . 2323.23 .00 00 122107 FEP DAL AFTER 1201 10.00 169681.43 746-WEB ACH PAYMENT FEE 1203.18 . 00.00 95 DAL AFTER 169681.43 1203 18 122107 FEA 1201 -10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 169681.43 1203 18 122107 SR 1201 42.33 .00 .00 . .00 42 33 00 95 DAL AFTER 169681.43 1203 18 . . 122107 UI . 95 LC DT 1220 DAL AFTER 169681 43 .00 .00 42.33 .00 122107 RP 1201 1349.42 . 173.76 884.66 1203.18 291 00 00 95 LC DT 1220 DAL AFTER 169681.43 . 1203 18 . .00 122107 UI . 95 LC DT 1220 DAL AFTER 169855 19 .00 .00 -42.33 .00 120607 E70 . 1101 -70.05 PAYEE = HUD 912,18 -70 05 00 DAL AFTER 169855.19 . 912 18 . .00 112307 FEP 1101 10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 169855.19 982 23 112307 FEA 1101 -10.00 746-WEB ACH PAYMENT FEE . 95 DAL AFTER 169855.19 982 23 112307 SR 95 1101 42.33 .00 .00 . .00 42.33 00 DAL AFTER 169855.19 982 23 . 112307 UI . 95 LC DT 1122 DAL AFTER 169855 19 .00 .00 42.33 .00 112307 RP 1101 1349.42 . 172.86 885.56 982.23 291 00 00 95 LC DT 1122 BAL AFTER 169855.19 . 982 23 . 00 112307 UI . 95 LC DT 1122 DAL AFTER 170028 05 00 1.QO -42,33 .00 110707 E70 . 1001 -70.05 PAYEE = HUD 69 .23 -70 05 DAL AFTER 170028.05 . 691 23 .00 .00 102607 FEP 1001 10.00 7 46-WEB ACH P AYMENT FEE . 95 DAL AFTER 170028.05 761 28 102607 FEA 1001 -10.00 7 46-WEB ACH PAYMENT FEE . 95 DAL AFTER 170028.05 761 28 102607 SR 95 1001 42.33 .?G ? .00 . .00 42.33 OC DAL AFTER 170028.05 761 28 . 102607 UI . .00 .00 42.33 .00 95 LC DT 1025 BAL AFTER 170028.05 761.28 102607 RP 1001 1349.42 171.96 886.46 291.00 .00 00 95 LC D T 1025 BAL AFTER 170028.05 761.28 . 102607 UI .00 .00 -42.33 00 95 LC DT 1025 BAL AFTER 170200.01 470.28 . 100407 E70 0901 -70.05 PAYEE = HUD -70.05 .00 .00 BAL AFTER 170200.01 470.28 092707 FEP 0901 10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 170200.01 540.33 092707 FEA 0901 -10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 170200.01 540.33 092707 SR 0901 42.33 .00 .00 .00 42.33 00 95 BAL AFTER 170200.01 540.33 . 092707 UI .00 .00 42.33 00 95 LC DT 0926 BAL AFTER 170200.01 540.33 . 092707 RP 0901 1349.42 171.07 887.35 291.00 .00 00 95 LC DT 0926 BAL AFTER 170200.01 540.33 . 092707 UI .00 .00 -42.33 00 95 LC DT 0926 BAL AFTER 170371.08 249.33 . 090607 E70 0801 -70.05 PAYEE = HUD -70.05 .00 .00 BAL AFTER 170371.08 249.33 082207 E92 0801 -1818.75 PAYEE = MECHANICSB -1818.75 CHK# 00683 863463 91 BAL AFTER 170371.08 319.38 081707 FEP 0801 10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 170371.08 2138.13 081707 FEA 0801 -10.00 746-WEB ACH PAYMENT FEE 95 BAL AFTER 170371.08 2138.13 081707 RP 0801 1349.42 170.18 888.24 291.00 .00 00 95 LC DT 0816 BAL AFTER 170371.08 2138.13 . 081007 FEA 0701 -10.00 706-RETURNED PYMT CHARGE 7444 SAL AFTER 170541.26 1847 13 081007 PR 0701 -1349.42 -170.18 -888.24 . -291.00 .00 00 7444 BAL AFTER 170541.26 1847.13 . 080707 E70 0801 -70.05 PAYEE = HUD -70.05 .00 .00 BAL AFTER 170371.08 2138.13 072307 RP 0801 1349.42 170.18 888.24 291.00 .00 00 500 BAL AFTER 170371.08 2208.18 . 070607 E70 0701 -70.05 PAYEE = HUD -70.05 .00 00 BAL AFTER 170541.26 1917 18 . 062407 RP 0701 1349.42 169.30 889.12 . 291.00 .00 00 500 LC DT 0625 BAL AFTER 170541.26 1987.23 . 060607 E70 0601 -70.05 PAYEE = HUD -70.05 .00 .00 BAL AFTER 170710.56 1696.23 052607 RP 0601 1349.42 168.43 889.99 291.00 .00 00 500 LC DT 0528 BAL AFTER 170710.56 1766 28 . 050807 E70 0501 -70.05 PAYEE = HUD . -70.05 .00 .00 BAL AFTER 170878.99 1475.28 042807 RP 0501 1349.42 167.55 890.87 291.00 .00 00 500 LC DT 0430 BAL AFTER 170878.99 1545.33 . 040407 E70 0401 -69.77 PAYEE = HUD -69.77 .00 00 BAL AFTER 171046.54 1254 33 . 040207 E91 0401 -504.48 PAYEE = UPPER ALLE . -504.48 CHK# 006838 35462 91 BAL AFTER 171046.54 1324 10 032407 RP 0401 1349.42 166.68 891.74 . 291.00 .00 00 500 LC DT 0323 BAL AFTER 171046.54 1828 58 . 030707 E70 0301 -70.19 PAYEE = HUD . -70.19 .00 00 BAL AFTER 171213.22 1537 58 . 022307 RP 0301 1349.42 165.82 892.60 . 291.00 .00 00 500 3AL AFTER :171213.22 1607 77 . 022007 PT 0201 1316.77 .00 .00 . 1316.77 .00 .00 2531 LC DT 0201 BAL AFTER 171379.04 022007 ITR 0201 OLD 190 25 NEW 8030 539 PERCEN T 100.0 000 2531 BAL AFTER 171379.04 022007 RT 0201 -1316.77 ,00 2531 BAL AFTER 171379.04 020607 E70 0201 -70.19 PAYEE = HUD BAL AFTER 171379.04 012607 RP 0201 1349.42 164.96 500 LC DT 0125 BAL AFTER 171379,04 012307 SR 0101 356.00 356.00 11131 BAL AFTER 171544.00 010407 SR 0101 1095.96 .00 11243 BAL AFTER 171900.00 END OF HIST ORY 1316.77 PBAL 171379.04 EBAL 00.00 00.00 .00 -1316.77 .00 .00 00.00 -70.19 .00 .00 1316.77 893.46 291.00 .00 .00 1386.96 .00 .00 .00 .00 1095.96 .00 1095.96 .00 .00 1095.96 Exhibit 7 REPRESENTATION OF PRINTED DOCUMENT CitiMortgage 7107 8381 6540 9022 9033 12/07/10 54447 002468 Jamie D Garman 1118 Floribunda LN Mechanicsburg PA 17055-5301 RE: Property: 1118 Floribunda Lane Mechanicsburg, PA 17050 Loan No: 2003983054 Mortgagee: Government Natl MTG Asoc NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PA Act No. 6 of 1974. (READ ALL PAGES OF THIS NOTICE CAREFULLY) LL 0) N 4 M CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. 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. The MORTGAGE held by the above name MORTGAGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN DEFAULT because you have not made the monthly payments as noted below under (a). Previous late charges under (b), if any, have also accrued to this date. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT IS $4,513.35, INCLUDING $211.65 IN LATE CHARGES AND $40.50 IN DELINQUENCY RELATED EXPENSES IS NOTED BELOW UNDER (d). (a) 10/01/10 thru 12/01/10 3 @ $1,420.40/month 2 @ $42.34/late charge/month $4,345.88 (b) Previous late charge(s) $126.99- (c) Delinquency Expense(s) $40.50 (d) TOTAL AMOUNT (a)+(b)+(c) REQUIRED AS OF THIS DATE: $4,513.35 You may cure this default by 01/06/11 (or the next business day thereafter if 01/06/11 is a Saturday, Sunday, or Federal Holiday) by paying to us the amount under (d) above. Any additional payments and late charges that fall due during this period must also be paid to bring your loan current. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CitiMortgage, Inc., Loan Payments, P.O. Box 689196, Des Moines, IA 50368-9196. 2003983054 C00.**4 l l www.citimortgage.com ©2010 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service a marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2003983054 CitiMortgage Page Two 12/07/10 2003983054 If you do not cure the default by 01/06/11, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made by 01/06/11, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default by 0 01/06/11, you will not be required to pay attorney's fees. N o Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. If you have not cured the default by 01/06/11, and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the 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 will be by calling us at the following number: 1(800)723-7906*. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. citi www.citimortgage.com L=1 ©2010 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service A marks of Citigroup Inc. "Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2003983054 CitiMortgage Page Three 12/07/10 2003983054 You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES, AND COSTS ARE PAID PRIOR TO, OR AT THE SALE (AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for further information. o If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership o counseling from one of the Department of Housing and Urban Development ("HUD") approved homeownership counseling agencies. Please call us at 1(800)723-7906* for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Collection Department CitiMortgage, Inc. *Calls are randomly monitored and recorded to ensure quality service. This is an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. 101207D0009163 C60 ie www.citimortgage.com l=1 ©2010 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 7107 8381 6540 9022 9040 12/07/10 54447 002469 Ferna N G Arman 1118 Floribunda Lane Mechanicsburg PA 17050 RE: Property: 1118 Floribunda Lane Mechanicsburg, PA 17050 Loan No: 2003983054 Mortgagee: Government Natl MTG Asoc NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PA Act No. 6 of 1974. (READ ALL PAGES OF THIS NOTICE CAREFULLY) LL m N v v M n CitiMortgage, Inc. Is providing this notice as lender or servicing agent for the lender. 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. The MORTGAGE held by the above name MORTGAGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN DEFAULT because you have not made the monthly payments as noted below under (a). Previous late charges under (b), if any, have also accrued to this date. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT IS $4,513.35, INCLUDING $211.65 IN LATE CHARGES AND $40.50 IN DELINQUENCY RELATED EXPENSES IS NOTED BELOW UNDER (d). (a) 10/01/10 thru 12/01/10 3 @ $1,420.40/month 2 @ $42.34/late charge/month $4,345.88 (b) Previous late charge(s) $126.99- (c) Delinquency Expense(s) $40.50 (d) TOTAL AMOUNT (a)+(b)+(c) REQUIRED AS OF THIS DATE: $4,513.35 You may cure this default by 01/06/11 (or the next business day thereafter if 01/06/11 is a Saturday, Sunday, or Federal Holiday) by paying to us the amount under (d) above. Any additional payments and late charges that fall due during this period must also be paid to bring your loan current. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CitiMortgage, Inc., Loan Payments, P.O. Box 689196, Des Moines, IA 50368-9196. 2003983054 citi www.citimortgage.com 1=1 ©2010 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 r - 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 2003983054 CitiMortgage Page Two 12/07/10 2003983054 If you do not cure the default by 01/06/11, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made by 01/06/11, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default by 0 01/06/11, you will not be required to pay attorney's fees. N o Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. If you have not cured the default by 01/06/11, and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE OATE OF THIS LETTER. A notice of the 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 will be by calling us at the following number: 1(800)723-7906*. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. cite www.citimortgage.com Q ©2010 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service ?-a marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT CitiMortgage Page Three 12/07/10 2003983054 You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES, AND COSTS ARE PAID PRIOR TO, OR AT THE SALE (AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for further information. O If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership o counseling from one of the Department of Housing and Urban Development M ("HUD") approved homeownership counseling agencies. Please call us at 1(800)723-7906* for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Collection Department CitiMortgage, Inc. *Calls are randomly monitored and recorded to ensure quality service. This is an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. 101207D0009625 2003983054 C00.01% l l www.citimortgage.com t=.l ©2010 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 f"M 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 2003983054 a100.0% l www.citimortgage.com 7107 8381 6540 9023 0213 12/07/10 54447 002586 Ferna N Garman 1118 Floribunda Lane Mechanicsburg PA 17050 RE: Property: 1118 Floribunda Lane Mechanicsburg, PA 17050 Loan No: 2003983054 Mortgagee: G.N.M.A. NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PA Act No. 6 of 1974. (READ ALL PAGES OF THIS NOTICE CAREFULLY) N CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE o 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. You have received this demand letter because you were an original borrower on the loan for the referenced property. However, if you were released from liability at the time your loan was assumed or by operation of law, this letter should be disregarded as you have no obligation for the debt. The MORTGAGE held by the above name MORTGAGEE (hereinafter we, us, or ours) on your property noted above under RE:, IS IN DEFAULT because you have not made the monthly payments as noted below under (a). Previous late charges under (b), if any, have also accrued to this date. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT IS $4,513.35, INCLUDING $211.65 IN LATE CHARGES AND $40.50 IN DELINQUENCY RELATED EXPENSES IS NOTED BELOW UNDER (d). (a) 10/01/10 thru 12/01/10 3 @ $1,420.40/month 2 @ $42.33/late charge/month $4,345.86 (b) Previous late charge(s) $126.99- (c) Delinquency Expense(s) $40.50 (d) TOTAL AMOUNT (a)+(b)+(c) REQUIRED AS OF THIS DATE: $4,513.35 You may cure this default by 01/06/11 (or the next business day thereafter if 01/06/11 is a Saturday, Sunday, or Federal Holiday) by paying to us the amount under (d) above. Any additional payments and late charges that fall due during this period must also be paid to bring your loan current. Such payment must be made either by CASH, CASHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER made payable to CitiMortgage, Inc., Loan Payments, P.O. Box 689196, Des Moines, IA 50368-9196. Q ©2010 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 gg 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 2003983054 CitiMortgage Page Two 12/07/10 2003983054 cloo!"I&I l l www.citimortgage.com If you do not cure the default by 01/06/11, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made by 01/06/11, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default by 0 01/06/11, you will not be required to pay attorney's fees. N o Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. CD If you have not cured the default by 01/06/11, and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the 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 will be by calling us at the following number: 1(800)723-7906*. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. ©2010 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service a marks of Citigroup Inc, *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used forthat purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT 2003983054 CitiMortgage Page Three 12/07/10 2003983054 You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES, AND COSTS ARE PAID PRIOR TO, OR AT THE SALE (AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for further information. U_ If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development M ("HUD") approved homeownership counseling agencies. Please call us at 1(800)723-7906* for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Collection Department CitiMortgage, Inc. *Calls are randomly monitored and recorded to ensure quality service. This is an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. 101207D0010381 ati www.citimortgage.com Q ©2010 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service A marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT Exhibit 8 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire. M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 .115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff CitiMortgage, Inc., PLAINTIFF, V. Fema N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050, DEFENDANTS IN TIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0: , ?_y a s Ct CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 1 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 of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y.la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INNIEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION ACERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 2 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc., V. PLAINTIFF, Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, CitiMortgage, Inc., by and through its undersigned attorney brings this action in mortgage foreclosure upon the following cause of action: 3 L Plaintiff, CitiMortgage, Inc., is a corporation, limited partnership, limited liability company, federal savings bank, or national banking association under and pursuant to the National Banking Act (13 Stat. 99, 12 U.S.C. 1 et seq.) with its principal place of business at 1000 Technology Drive, O'Fallon, MO 63368-2240. 2. Defendants, Jamie D. Garman and Ferna N. Garman, are the real owners, mortgagors, and grantees in the last Deed of record to the real property located at 1118 Floribunda Lane Mechanicsburg, PA 17050 (hereinafter referred to as "Premises"). 3. On December 20, 2006 Defendants made, executed, and delivered a Mortgage for the benefit of Mortgage Electronic Registration Systems, Inc. solely as nominee for First Guaranty Mortgage Corporation (hereinafter referred to as "Originating Lender") as security for Defendants' payment and other obligations in consideration of a loan made to Defendants by the Originating Lender. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, in Mortgage Book Vol. 1977, Page 3698, and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). 4. Plaintiff is the originating lender, a legal.successor thereto, or an assignee of the originating lender through Assignment of Mortgage. 5. Plaintiff is, therefore, the present owner of the aforesaid Mortgage and holder of the aforesaid promissory note. 6. The Premises subject to the aforesaid Mortgage is described in Exhibit "A" attached hereto and made a part hereof. The address of the Premises is 1118 Floribunda Lane, Mechanicsburg, PA 17050. 7. The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid promissory note and Mortgage have not been made from 4 October 1, 2010 through the present date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. 8. The terms of the aforesaid Mortgage further provide that, in the event of default, Defendants shall be liable for, inter alia, Plaintiff's costs and attorneys' fees. 9. The following amounts are due as of June 1, 2011: Principal $ 163,066.01 Accrued Interest through June 1, 2011 $ 7,643.70 Late Charges $ 296.31 Insurance $ .198.93 Property Inspection $ 94.50 Corporate Advances $ 910.00 Escrow Advances $ 334.50 Less Unapplied Funds $ -98.80 (5% of Principal Balance) Attorneys' Fees $ 8153.30 Total $ 180,598.45 plus additional pre judgment and post judgment interest at the per diem rate of $27.92 per day or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, and any/all other sums recoverable by Plaintiff. under the terms of the aforesaid Mortgage and promissory note. 10. If the Mortgage is reinstated prior to a sheriffs sale, the attorneys' fees set forth in the preceding paragraph may be less than the amount demanded based on work actually performed. The attorneys' fees requested in the preceding paragraph are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect attorneys' fees of up to five percent (5%) of the remaining principal balance in the event the Premises is sold to a third party purchaser at sheriff's sale; or, if the complexity of the action requires additional fees, such fees may exceed the amount demanded in the preceding paragraph. 5 11. Plaintiff is not seeking a judgment on personal liability (or an in personam judgment) against Defendants in this action but reserves the right to bring a separate action to establish that right, if such right exists. If Defendants received a discharge of personal liability in a bankruptcy proceeding, this action is, in no way, an attempt to re-establish the personal liability that was discharged in bankruptcy, but only to foreclosure the Mortgage and sell the Premises pursuant to Pennsylvania law. 12. Plaintiff has demanded the total amount due from Defendants, but Defendants have failed and/or refused to pay the same. 13. Notice of Intention to Foreclose pursuant to 41 P.S. ' 403 and (hereinafter collectively referred to as "Act 6 Notice") was mailed to Defendants on December 7, 2010. A true and correct copy of the Act 6 Notice is attached hereto as Exhibit "B" and made a part hereof. 6 WHEREFORE, Plaintiff respectfully requests that judgment in rem be entered in its favor and against Defendants, Jamie D. Garman and Ferna N. Garman, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9, namely $180,598.45, plus additional pre judgment and post judgment interest at the per diem rate of $27.92 per day or at the adjusted amount if the interest rate is variable,: additional late charges, additional corporate advances, additional escrow advances, any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage and promissory note, and such other relief as this Court deems just and proper. RICHARD M. SQUIRE & ASSOCIATES, LLC Date: ? 6 t 1 By: - Richard quire, Esq. (PA I.D.# 04267) M. reedman, Esq. (PA I.D.# 85165) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791(fax) rsggire@sguirelaw.com tfreedman@sguirelaw.com Attorneys for Plaintiff UNLESS YOU NOTIFY US WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER/NOTICE/PLEADING THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WKWILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff CitiMortgage, Inc., PLAINTIFF, V. Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION Crystal A. [printed name], hereby states that s/he is an employee, agent, and/or representative of Plaintiff, a corporation unless designated otherwise; that s/he is authorized to make this Verification; that s/he has personal knowledge of the facts averred in the 8 foregoing Complaint; and that the statements made in the foregoing Complaint are true and correct to the best of her/his knowledge, information and belief. The undersigned understands that this statement herein is made subject. to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: 5 J,-? , 2011 J - kz-lze? [sign e] Crystal A. LaRose Title: . 9 Exhibit 9 I d a FAC11bTitigationlUarman. Jamie and J7ematA 1S%VCr to mortgage complaint.dbcx - l/7/I J 3:47 A.b4 JASON J. SCHIBINGER, ESQUIRE Attorney I.D. #86859 Attorneys for BUZGON DAVIS LAW OFFICES Defendants 525 South Eighth: Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-Mail; schibinger@buzgondavis.com CITiiVIORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff - CUMBERLAND COUNTY, PENNSYLVANIA Vs. DOCKET NO.: 11-4295 CIVIL FERNA N. GARMAN and CIVIL ACTION JAMIE D. GARMAN, MORTGAGE FORECLOSURE Defendants ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come the Defendants, Ferna N. Garman and Jamie.D. Garman, by their attorneys, Buzgon , Davis Law Offices, and file this Answer to Complaint in Mortgage Foreclosure, respectfully averring as follows: 1. Defendants do not have the information necessary to respond to the allegations set forth in this paragraph. To the extent that a response is required, strict proof of the allegations set forth in paragraph 1 is demanded at the time of trial of this matter. 2. Admitted. 1 3. Admitted. By way of further response, as said mortgage is not attached to the Complaint in Foreclosure, Defendants cannot verify the accuracy of the allegations concerning the terms of said mortgage obligation. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that some payments due and owing on the mortgage obligation have not been made. By way of further response, when the Defendants had financial difficulty, thus resulting in their desire to lower the monthly mortgage payment, they contacted CitiMortgage. Beginning in January 2010, Defendants were contacting said mortgage company in order to attempt to lower their monthly mortgage obligation. Specifically, the Defendants completed an application with CitiMortgage alleging economic hardship in oxder to lower their monthly mortgage payment. Thereafter, when the mortgage became delinquent, the Defendants also attempted to complete paperwork through CitiMortgage for a forbearance. The Defendants never received a final answer regarding either program, both of which were offered through CitiMortgage. Defendants continued to provide documentation, including paystubs and other financial information, over the course of 2010, as they were directed to do by CitiMortgage, without any final result or answer from CitiMortgage. When Defendants did receive correspondence from Plaintiff regarding the mortgage obligation, and the alleged delinquency, they would attempt to contact Plaintiff, although they would not receive the answers they were looking for, nor were they pointed in the right direction in terms of how to resolve the delinquency. Essentially, prior to filing the Complaint, Plaintiff failed to work with Defendants at all in terms of -2- their attempts to cure any alleged delinquency regarding the mortgage. As to the statement regarding the terms of the mortgage, the mortgage speaks for itself. 8. No response required. The terms of the mortgage between Plaintiff and Defendants speak for itself. To the extent that Plaintiff is seeking counsel fees, costs and expenses, and.those counsel fees, costs and expenses are set,forth in the mortgage, said counsel fees, costs and expenses still must be deemed reasonable by the Court in order to be awarded as part of this action. 9. Defendants have not received supporting documentation concerning the alleged late charges, insurance, property inspection, corporate advances and escrow advances, and, in addition, they have not been provided with. any documentation to support the alleged accrued interest through June 1, 2011, as set forth in the Complaint. Strict proof regarding these amounts is demanded at the time of trial. In addition, Plaintiffs indicate that they are seeking attorneys fees equal to 5%0 of the principal balance of the mortgage, or the sum of $8,153.30. The Court should determine whether or not the awarded of attorneys fees is reasonable. 10. See response to paragraph 9 regarding attorney's fees. By way of further response, Defendants are still willing to attempt to work with the Plaintiff, through a forbearance or other program, in order to avoid foreclosure. Defendants are prepared to provide whatever information is necessary in order to attempt forbearance or reinstatement of the mortgage, however, they have received no cooperation from Plaintiff in their attempts to do so. 11. The allegations set forth in paragraph 11 call. for a legal conclusion, to which no response is required. Further, the allegations in paragraph 11 set forth actions which may be taken on the part of Plaintiff which requires no response. 12. Denied. By way of further response, and as set forth previously, Defendants have attempted to apply for various programs that have been made available through CitiMortgage, -3- including economic hardship and forbearance. They had been prepared to pay part of the monthly mortgage obligation that was due and owing from October 1, 2010 to present, however, when Defendants offered to pay at least some portion of the monthly mortgage obligation and late fees, while their application for forbearance or economic hardship was pending, Plaintiff told them if they could not pay the entire amount due, they should pay no portion thereof. By way of further response, this foreclosure action could have been avoided if Plaintiff had merely dealt with Defendants regarding the programs which they 'themselves had created for the exact kind of economic hardship and financial distress that the Defendants have suffered from in 2010. 13 Admitted. WHEREFORE, Defendants, Jamie D. Garman and Ferna N. Garman, respectfully request your Honorable Court to enter an Order dismissing the Complaint in Mortgage Foreclosure filed on behalf of Plaintiff in this matter. BUZGON DAVIS LAW OFFICES BY: Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-Mail: schibinger@buzgondavis.com Attorneys for Defendants -4- VERIFICATION I, JAMIE D. GARMAN, do hereby verify that I am the one of the Plaintiffs in the within action, and that the facts set forth in the foregoing ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.-C. S. §4904 relating to unswom falsification to authorities. D. G Date: VERIFICATION I, FERNA N. GARMAN, do hereby verify that I Mn the one of the Plaintiffs in the within action, and that the facts set forth in the foregoing ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 19 Pa.C.S. §4904 relating to unswom falsification to authorities. FAA\Litigation\Garman, Jamie and Fern2`'Affidavit of service.docx 616/112:45 PIA CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DOCKET NO.: 114295 CIVIL FERNAN. GARMAN and CIVIL ACTION JAMIE D. GARMAN, MORTGAGE FORECLOSURE Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF LEBANON ) I, KELLY L. ELLINGER, an employee of Buzgon Davis Law Offices, 525 South Eighth Street; Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendants, being duly sworn according to law, depose and say that I mailed on June , 2011, by regular mail, in a postpaid envelope, a true and correct copy of ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE, the original of which was filed on June 6, 2011, in the Office of the Prothonotary of Lebanon County, Pennsylvania, to Richard M. Squire, Esquire, One Jenkintown. Station, Suite 104, 115 West Avenue, Jenkintown, Pennsylvania, lk046, attorney for Plaintiff. LLY LL GER Sworn to and subscribed before me this 6? day of June, A.D., 2011. COMMONWEALTH OF PENNSYLVANIA Nadal Seal Amy Hartanft, Notary Public City of Lebanon, Lebanon County aR4 NO Ablici My Commission E*. res Sept. i9, 2014 Member. Penns. *ania Association of Notaries Exhibit 10 RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LA W Richard M. Squire * Montgomery Coun Office Chester County Office M. Troy Freedman 33 South Brick Lane Christina C. Viola ^ One Jenkintown Station Elverson, PA 19520 . Also Admitted in MID 115 West Avenue, Suite 104 Tel.: (610) 9134442 ^ Also Admitted is NI Fax: (610) 913-6381 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com Please reply to: Montgomery County Office June 9, 2011 VIA TELECOPY TO: (717) 274-1752 AND ELECTRONIC MAIL TO: schibin-qer(&-buzqondavis.com Jason J. Schibinger, Esquire Buzgon Davis, Esqs. P.O. Box 49 525 South 8u' Street Lebanon, PA 17042 RE: Loss Mitigation / Loan Workout Ferna N. and Jamie D. Garman Dear Mr. Schibinger: Please be advised that this office represents CitiMortgage, Inc. ("CitiMortgage"). If you are interested in having CitiMortgage evaluate your clients' qualifications for a potential workout of their mortgage loan, please complete the enclosed forms and return such forms along with the following materials to this office within two (2) weeks of the date hereof- - Paystubs for the last 60 days (any handwritten pay stubs require a Verification of Employment) - Social Security Benefit Award, Retirement Benefits, if applicable - Unemployment Benefit Award Letter, if applicable - Current Workable Solutions Application - Bank statements for last 60 days - Current Rental Agreement, if applicable and proof of rental income through two (2) rental checks or two (2) monthly bank statements, reflecting the rent deposit THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - Current Utility Bill - Hardship Affidavit - Current 4506T - Insurance Declaration page - Current property tax bill - 2009 and 2010 complete signed Tax Returns with all schedules If any of your clients is self-employed, the following additional materials are required: - Most recent YTD Profit and Loss Statement - 2010 complete signed Tax Returns with all schedules Thank you for your attention to this matter. Ve ly yours, M. Troy Freedman Enclosures THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. c ti mortgage° Enter Loan Number sme indnde Lean Number an vnar reaneat can be proceowd timely Workable Solutions Financial Statement CITIMORTGAGE, INC. You are asked to supply this financial information so that we may evaluate your situation and determine what, if any, options you have to resolve the mortgage delinquency and avoid foreclosure. The information you provide may be used to collect the debt: Please complete this form fully and accurately and return it with the following documents for each borrower: INCLUDE THE'FOLLOWING ITEMS (check items iaeluded, copies are ok)' ** ? Paystub(s) showing at least one month's income for all Borrowers that are employed that are no older than 30 to 45 days ? Proof of Unemployment, SSD or SSI or Income (Awards Lotter or Bank statement showing direct deposit) ? Year-to-Date Profit and Loss Statement if Self-Employed ? Listing Agreement and Estimated Net Proceeds if your home is currently listed for sale (and Contract if there is an offer pending) Two Current Bank Statements ? Current Utility Bill ? Hardship Affidavit ? Filed tax returns for the year 2009 and 2010 ? Current 4506T (Maist indicate 12/31/2009 & 12/31/2010, tax years and must indicate the address and phone # for CitiMortgage, Inc. (5280 Corporate Drive, Frederick MD 21703 phone 866-272-4749). This form cannot be dated more than 60 days from the current date. ? If the loan not non-escrowed now, we'll need two additional documents: Homeowners' Insurance Declaration page Current property tax bill ? Any additional documentation you feel may support your request ****THESE ITEMS MUST BE INCLUDED TO PROCESS REQUEST**** ** Additional information may be required in order to complete your specific request.** Workable Solutions Financial Form Page 1 of 7 revised 5/30/03 CitiMortgage, Inc. does business as Citicorp Mortgage in MT and NM 1 c timortga ?eM Enter Loan Number Please Include TAln Number so vnur Mped cie be urn=d timely. PLF.ASF, CA U 1-866-272-4749 IF YOtI NEED ASSSISTANCE COMPLETING THIS FORM 1. Borrower Information: Please nse a pen and print -day Borrower,Name: Co-Borrower Name: Current mailing address: Current mailing address: Street: Street: City: City: State: Zip: State: Zip: Daytime Phone No: Daytime Phone No: Time to Call -during business hours: - Time to Call during-business hours: ; Evening Phone No: Evening Phone No: Social Security #: - - Social Security #: - - # of Dependants: not including Co-Borrower Are you currently employed? OYes O No Are you currently employed? OYes O No Employers Name: Employers Name: Address: Address: City. City: State: Zip: State: Zip: Telephone # Telephone # Your Position: Your Position: Length of employment: Length of employment: IL Liquid Assets Description Estimated Amount Immediately Available Value for Use 1 Cash, Checking and/or Savings 2 All Retirement Assets (401 K's/StockBonds/Mutual Funds, etc.) 3 Total Liquid Assets: P Workable Solutions Financial Form Page 2 of 7 revised 5/30/03 CitiMortgage, Inc. does business as Citicorp Mortgage in MT and NM c ti mortgagee Enter Loan Number Please Inelude Loan Number soynur aque t c2n he nrocc dal ft III. Monthly Income Information (Complete Section VI if Self-Employed): Description Borrower (BI) Co-Borrower (B2) Total 1 Monthly Gross Salary Wages If paid by the hour, please list: Regular Wages Regular Wages (Please circle types of B I Hourly Wage $ /Hr Overtime Overtime income received) B2 Hourly Wage $ /Hr Commission Commission Bonus Bonus Other Other 2 Less Deductions from paycheck (taxes, medical, dental, 401k) DO NOT INCLUDE LOANS A Net Personal Income: A ne 1 minus Line 2 f Monthly Pay Schedule: (please circle one) weekly / biweekly / twice a month / monthly : Mon Pa Schedule: lease circle one weekly / biweekly / twice a month / monthly B2 Notice: Alimony, child support, or separate maintenance income need not be revealed if the Borrower/Co- Borrower does not choose to have it considered for repaying the mortgage. IV. M onthly Expenses Description (Monthly) Borrower Co-Borrower Total 1 Primary Home Mortgage Payment 2 Other Mortgages 3 Property Maintenance, HOA fees 4 Alimony/Child Support /Child Care/Tuition 5 Automobile Loan(s) 6 Transportation Expenses (gas, parking, auto maintenance, taxi, bus 7 Credit Cards, Installment Loans (minimum payments due) 8 Groceries / Dry'Cleaning / Clothing / Spending Money / Lunches 9. Health/Life/Auto Insurance (DO NOT INCLUDE HERE IF DEDUCTED FROM PAYCHECK 10 Utilities (cable tv, internet, heat, electric, telephone, water, sewer, cell hone, pager) 11 Other: Explain (ex. uninsured medical expenses; religious or charitable contributions, vacation; clubs, ci arettes, prescriptions): Total Expenses. (add lines 1 through B 11 V. M onthly Ability to Pay Calculations: Workable Solutions Financial Form Page 3 of 7 revised 5/30/03 CitiMortgage, Inc. does business as Citicorp Mortgage in MT and NM tc citi mortgage" Enter Loan Number Borrower/Co-Borrower Net Less Total Monthly Expenses: Balance remaining for arrearage Month Income lock A or lock B : payment A minus B : A $ -$ equals $ circle one: or B _ +1- C VL Self Employed Calculations: - Name of Business: Note: Please use monthly. averages for this section Month and Year Business was Established: 1 1 Monthly Gross Receipts (Average for Time Period of $ to 2 Less Supplies to Produce Product or Service -$ -:3 Less Offlce Rent!Lease :Business Insura ces, Le al/Professional Fees 4 Less Travel, Entertainment, Advertising, Office -$ Supplies, Salaries to Others, Auto Expenses, Other Business Expenses C Net Self-Employed Income (Line 1 minus Lines 2-4) $ circle one: VII. General Questions Question Yes No Do you occupy this mortgaged property as a primary residence? Do you have any other debt or obligation secured by this property? (Example: Second Mortgage, Home Equity, Judgements, Liens) Question Amount What is the amount of funds you immediately have available to apply $ toward our mortgage delinquency? In addition to the amount stated above, what amount will you have available $ in 30 days? Workable Solutions Financial Form Page 4 of 7 - revised 5/30/03 CitiMortgage, Inc. does business as Citicorp Mortgage in MT and NM c timortgage' Enter Loan Number Please Include YA)nn Nmhar 'to Y=r Ma Briefly explain the reason why you are behind on your mortgage payment (s) or are in imminent danger of default: (if needed, attach separate sheet of paper for explanation) What is your proposal for repaying the arrearage? Workable Solutions Financial Form 5 of 7 revised 5/301U3 CitiMortgage, Inc. does business as Citicorp Mortgage in MT and NM c timortgage7 Enter Loan Number Please n lnd roan Nnmher an vnnr =pest can he mnceased tim ft VIII. Additional Information: Credit counseling: Please note, if you have an FHA insured mortgage and have not received consumer credit counseling, you should contact a HUD approved credit counseling agency for assistance. To contact one of these agencies in your area dial 1-800-569-4287. All other borrowers seeking credit counseling may contact Amerix Corporation at 1-800- 964-9970. Complete Package Required for processing: Please note that this financial statement must be complete; you must include the.required documentation. If you return an incomplete package, ' we may not be able to process our request for assistance. -Proce ;dng Tim. a Frame: All packages are reviewed in the order in which they are received. The average review period for a new package is 30 days. Please be advised that collection, and or foreclosure activity will continue on your account until such a time. that a loan workout has been completed. If your loan is in Foreclosure, and/or has a foreclosure sale set: If there is a foreclosure sale scheduled on your property, this package is not a promise to cancel or postpone the foreclosure sale. A complete package must be received at least 5 business days before your foreclosure sale to be considered for a workout VII. Acknowledgment and Authorization: I certify that the financial information stated above is true; and is an accurate account of my financial condition. I` grant CitiMortgage, Inc. the authority to confirm the information I have disclosed in this financial statement and to verify that it is accurate. I consent for CitiMortgage, Inc., the Investor, and Mortgage Insurer to engage in discussions and negotiations with me or my designated representative regarding foreclosure alternative programs. I acknowledge that CitiMortgage, Inc. is under no obligation to agree to an alternative to foreclosure, the decision will be based on my financial information, credit report, and payment history, and ability to meet Investor / Insurer Loss Mitigation Requirements. I agree that discussions and negotiations of a possible Workable Solution does not constitute a waiver of or defense to CitiMortgage Ine.'s right to commence or continue any foreclosure or other collection action. Borrower Printed Name Borrower Signature Date Co-Borrower Printed Name Co-Borrower Signature Date Workable Solutions Financial Form 6 of 7 revised 5/30/03 CitiMortgage, Inc. does business as Citicorp Mortgage in MT and NM 1 c timortgagd' Enter Loan Number Please inelnde i.mn Number solar renneat can he oracemed timely. "Only complete this section if you are authorizing a third party (i.e. attorney, real estate agent, etc.) to discuss and negotiate on your behalf** VIII. (OPTIONAL) LETTER OF AUTHORIZATION On this day I, authorize CitiMortgage, Inc., the investor, and mortgage insurer (if applicable) to engage in discussions and negotiations regarding my mortgage with He/she is my designated representative in the capacity of (circle one) listing agent / attorney / relative / third party / other Borrower Printed Name Borrower Signature Date Co-Borrower Printed Name Co-Borrower Signature Date Workable Solutions Financial Form 7 of 7 revised 5/30/03 CitiMortgage, Inc. does business as Citicorp Mortgage in MT and NM ±A', = MAK1 N G HOME AFFORDABLE Dodd-Frank Certification The following information is requested by the federal government in accordance with the Dodd Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203). You are required to furnish this information. The law provides that. no person shall be eligible to receive assistance from the Making Home Affordable Program, authorized under the Emergency Economic Stabilization Act of 2008 (12 U.S.C 5201 et seq.), or any other mortgage assistance program authorized or funded by that Act, if such person, in connection with a mortgage or real estate transaction, has been convicted, within the last 10 years, of any one of the following: (A) felony larceny, theft, fraud or forgery, (B) money laundering or (C) tax evasion. ? I have not been convicted within the last 10. years of any one of the following in connection with a mortgage or real estate transaction: (a) felony larceny, theft, fraud or forgery, (b) money laundering or (c) tax evasion I have not been convicted within the last 10 years of any one of the following in connection with a mortgage or real estate transaction: (a) felony larceny, theft, fraud or forgery, (b) money laundering or (c) tax evasion in making this certification, Itwe certify under penalty of perjury that all of the information in this document is truthful and. that I/we understand that the Servicer, the U.S. Department of the Treasury, or their agents may investigate the accuracy of my statements by performing routine background checks, including automated searches of federal, state and county databases, to confirm that Itwe have not been convicted of such crimes. I/we also understand that knowingly submitting false information may violate Federal law. Borrower Signature Date Co-Borrower Signature Date FannieMae Request for Verification of Employment Privacy Act Notice: This information is to be used by the agency collecting it or its assigraes in determining whether you qualify as a prospective mortgagor under its program, It will not be disclosed outside the agency except as required and permitted by law. You do not have to provide this information, but if you do not your application for approval as a prospec- tive mortgagor or borrower may be delayed or raiected. The information requested in this form is authorized by Title 36, USC, Chapter 37 (if VA); by 12 USC, Section 1701 at. seq. (if HUD/FHA); by 42 USC, Section 1452b IN HUD/CPD); and Title 42 USC, 1471 at. seq., or 7 USC, 1921 at. seq. (if USDA/FmHA). Instructions: Lender - Complete items 1 through 7. Have applicant complete hen 8. Forward directly to employer named in ham 1. Employer - Please complete either Part II or Part III as applicable. Complete Part IV and return directly to lender named in item 2. The form Is to be transmitted directly to the lender and is not to be transmitted through the applicant or any other party. Part I - Request 1. To (Name and address of employer) 2. From (Name and address of lender) I certify that this verification has been sent directly to the employer and has not passed through the hands of the applicant or any other interested party. 3. Signature of Lender 6. Lender's Number (Optional) I have applied for a mortgage loan and stated that I am now or was formerly employed by you. My signature below authorizes verification of this information. 7. Name and Address of Applicant (include employee or badge number) 8. Signature of Applicant Part II - Verification of Present Employment 9. Applicant's Date of Employment 10. Present Position 11. Probability of Continued Employment 12A. Current Gross Base Pay (Enter Amount and Check Period) 13. For Military Personnel Only ?. Annual Hourly Pay Grade „7 Monthly Other (Specify) Type Monthly Amount $ L' Weekly P B $ 12B. Gross Earnings ase ay Type Year To Date Past Year Past Year Rations $ Base Pay Thru S S S Flight or Hazard $ Clothing $ Overtime $ I $ $ Q $ uarters Commissions $ $ $ Pro Pay $ Bonus $ $ $ Overseas or Combat $ Total $ 0.00 $ 0.00 $ 0,00 Variable Housing Allowance $ 20.Remarks (If employee was off work for any length of time, please indicate time period and reason) 14. If Overtime or Bonus is Applicable, Is Its Continuance Likely? Overtime C Yes , No Bonus C Yes Ci ] No 15. If paid hourly - average hours per week 16. Date of applicant's next pay increase 17. Projected amount of next pay increase 18. Date of applicant's last pay increase 19. Amount of last pay increase Part III - Verification of P 21. Date Hired 22. Date Terminated 24. Reason for Leaving 25. Position Hold Part IV - Authorized Signature - Federal statutes provide severe penalties for any fraud, intentional misrepresentation, or criminal connivance or conspiracy purposed to influence the issuance of any guaranty or insurance by the VA Secretary, the U.S.D.A., FmHA/FHA Commissioner, or the HUD/CPD Assistant Secretary. 26. Signature of Employer 27. Title (Please print or typal 28. Date 29. Print or tvoe name sinned in Item 26 30. Phone No. 23. Salary/Wage at Termination Per (Year) (Month) (Week) Base Overtime Commissions Bonus Fannie Mae Form 1005 July 96 Form 45064 Request for Transcript of Tax Return (Rev. January 2010) OMB No. 1545-1872 Department of the Treasury ? Request may be rejected if the form is incomplete or illegible. Internal Revenue Service Tip. Use Form 4506-T to order a transcript or other return information free of charge. See the product list below. You can also call 1-800-829-1040 to order a transcript. If you need a copy of your return, use Form 4506, Request for Copy of Tax Return. There is a fee to get a copy of your return. 1 a Name shown on tax return. If a joint return, enter the name shown first. 1 b First social security number on tax return or employer identification number (see instructions) 2a If a joint return, enter spouse's name shown on tax return. 2b Second social security number if joint tax return 3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code 4 Previous address shown on the last return filed if different from line 3 5 If the transcript or tax information is to be mailed to a third party (such as a mortgage company), enter the third party's name, address, and telephone number. The IRS has no control over what the third party does with the tax information. Caution. If the transcript is being mailed to a third party, ensure that you have filled in line 6 and line 9 before signing. Sign and date the form once you have filled in these lines. Completing these steps helps to protect your privacy. 6 Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request. ? a Return Transcript, which includes most of the line items of a tax return as filed with the IRS. A tax return transcript does not reflect changes made to the account after the return is processed. Transcripts are only available for the following returns: Form 1040 series, Form 1065, Form 1120, Form 1120A, Form 11 20H, Form 1120L, and Form 1120S. Return transcripts are available for the current year and returns processed during the prior 3 processing years. Most requests will be processed within 10 business days . . . . . . ? b Account Transcript, which contains information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed. Return information is limited to items such as tax liability and estimated tax payments. Account transcripts are available for most returns. Most requests will be processed within 30 calendar days. . ? c Record of Account, which is a combination of line item information and later adjustments to the account. Available for current year and 3 prior tax years. Most requests will be processed within 30 calendar days . . . . . . . . . . . . . . . . . . . ? 7 Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. Current year requests are only available after June 15th. There are no availability restrictions on prior year requests. Most requests will be processed within 10 business days . ? 8 Form W-2, Form 1099 series, Form 1098 series, or Forth 5498 series transcript The IRS can provide a transcript that includes data from these information returns. State or local information is not included with the Form W-2 information. The IRS may be able to provide this transcript information for up to 10 years. Information for the current year is generally not available until the year after it is filed with the IRS. For example, W-2 information for 2007, filed in 2008, will not be available from the IRS until 2009. If you need W-2 information for retirement purposes, you should contact the Social Security Administration at 1-800-772-1213. Most requests will be processed within 45 days . . . ? Caution. If you need a copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filed with your return, you must use Form 4506 and request a copy of your return, which includes all attachments. 9 Year or period requested. Enter the ending date of the year or period, using the mm/dd/yyyy format. If you are requesting more than four years or periods, you must attach another Form 4506-T. For requests relating to quarterly tax returns, such as Form 941, you must enter each quarter or tax period separately. Signature (see instructions) Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1a or 2a, or a person authorized to obtain the tax information requested. If the request applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, tax matters partner, executor, receiver, administrator, trustee, or parry other than the taxpayer, I certify that I have the authority to execute Form 4506-T on behalf of the taxpayer. Note. For transcripts being sent to a third party, this form must be received within 120 days of signature date. Telephone number of taxpayer on line 1 a or 2a Sign ' Here Date Title (if line 1 a above is a corporation, partnership, estate, or trust) Spouse's signature Date For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 37667N Form 4506-T (Rev. 1-2010) Form 4506-T (Rev. 1-2010) Page 2 General Instructions Purpose of form. Use Form 4506-T to request tax return information. You can also designate a third party to receive the information. See line 5. Tip. Use Form 4506, Request for Copy of Tax Return, to request copies of tax returns. Where to file. Mail or fax Form 4506-T to the address below for the state you lived in, or the state your business was in, when that return was filed. There are two address charts: one for individual transcripts (Form 1040 series and Form W-2) and one for all other transcripts. If you are requesting more than one transcript or other product and the chart below shows two different RAIVS teams, send your request to the team based on the address of your most recent return. Automated transcript request You can call 1-800-829-1040 to order a transcript through the automated self-help system. Follow prompts for "questions about your tax account" to order a tax return transcript Chart for individual transcripts (Form 1040 series and Form W-2) If you filed an Mail or fax to the individual return "Internal Revenue and lived in: Service" at. Florida, Georgia, RAIVS Team North Carolina, P.O. Box 47-421 South Carolina Stop 91 Doraville, GA 30362 770-455-2335 Alabama, Kentucky, RAIVS Team Louisiana, Stop 6716 AUSC Mississippi, Austin, TX 73301 Tennessee, Texas, a foreign country, or A.P.O. or F.P.O. 512-460-2272 address Alaska, Arizona, RAIVS Team California, Colorado, Stop 37106 Hawaii, Idaho, Illinois, Fresno, CA 93888 Indiana, Iowa, Kansas, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming 559-456-5876 Arkansas, RAIVS Team Connecticut, Delaware, Stop 6705 P-6 District of Columbia, Kansas City, MO Maine, Maryland, 64999 Massachusetts, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, 816-292-6102 Virginia, West Virginia Chart for all other transcripts If you lived in Mail or fax to the or your business "Internal Revenue was in: Service" at Alabama, Alaska, Arizona, Arkansas, RAIVS Team California, Colorado, P.O. Box 9941 Florida, Hawaii, Idaho, Mail Stop 6734 Iowa, Kansas, Ogden, UT 84409 Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, a foreign country, or A.P.O. or F.P.O. address 801-620-6922 Connecticut, Delaware, District of Columbia, Georgia, Illinois, Indiana, RAIVS Team Kentucky, Maine, P.O. Box 145500 Maryland, Stop 2800 F Massachusetts, Cincinnati, OH 45250 Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, Wisconsin 859-669-3592 Line 1 b. Enter your employer identification number (EIN) if your request relates to a business return. Otherwise, enter the first social security number (SSN) shown on the return. For example, if you are requesting Form 1040 that includes Schedule C (Form 1040), enter your SSN. Line 6. Enter only one tax form number per request. Signature and date. Form 4506-T must be signed and dated by the taxpayer listed on line 1 a or 2a. If you completed line 5 requesting the information be sent to a third party, the IRS must receive Form 4506-T within 120 days of the date signed by the taxpayer or it will be rejected. Individuals. Transcripts of jointly filed tax returns may be furnished to either spouse. Only one signature is required. Sign Form 4506-T exactly as your name appeared on the original return. If you changed your name, also sign your current name. Corporations. Generally, Form 4506-T can be signed by: (1) an officer having legal authority to bind the corporation, (2) any person designated by the board of directors or other governing body, or (3) any officer or employee on written request by any principal officer and attested to by the secretary or other officer. Partnerships. Generally, Form 4506-T can be signed by any person who was a member of the partnership during any part of the tax period requested on line 9. All others. See Internal Revenue Code section 6103(e) if the taxpayer has died, is insolvent, is a dissolved corporation, or if a trustee, guardian, executor, receiver, or administrator is acting for the taxpayer. Documentation. For entities other than individuals, you must attach the authorization document. For example, this could be the letter from the principal officer authorizing an employee of the corporation or the Letters Testamentary authorizing an individual to act for an estate. Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to establish your right to gain access to the requested tax information under the Internal Revenue Code. We need this information to properly identify the tax information and respond to your request. You are not required to request any transcript; if you do request a transcript, sections 6103 and 6109 and their regulations require you to provide this information, including your SSN or EIN. If you do not provide this information, we may not be able to process your request. Providing false or fraudulent information may subject you to penalties. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation, and cities, states, and the District of Columbia for use in administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file Form 4506-T will vary depending on individual circumstances. The estimated average time is: Learning about the law or the form, 10 min.; Preparing the form, 12 min.; and Copying, assembling, and sending the form to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Form 4506-T simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the form to this address. Instead, see Where to file on this page. 10 P. 1 Memory TX Result Report ( Jun. 9, 2011 1:48PM) 2) Date/Time: Jun, 9. 2011 1:45PM File Page No. Mode Destination Pg(s) Result Not Sent ---------------------------------------------------------------------------------------------------- 1055 Memory TX 17172741752 P. 13 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up or line fail E. 2) Busy E.3) No answer E.4) No facsimile connection E.5) Exceeded max. E-mail size RICHARD M. SQUIRE & ASSOCIATES, LLC A77t9RNMATI tiW tmr rxsq_- ea.crre:a?.er tars. mvm Ruraiai 37 fare frkh h? C&A" :vbb. One Jenkintown Station Bwq -IBM w r: d 115 West Avmuc, Sake 104 ? „sq Je?k4town,PA 19046 Td: (215J 8868790 Fax: (215) 886-8791 www.sunireknrr cam pk a reply b: moidow uy County ottka June 9, 2011 WA n 92XX TQ ?17) 274-9752 AND G-ECTRWM MAIL T0_ ""M 1.1.9ddbingrr, Esquire Buzgon Davis, Fags. P.O. Box 49 525 South 8' Sbe ct Lebanon, PA 17042 RE: Lou MiBgadon / Lola Workout Ferna N. and Janie D. Cray aaa Doss Mr. Sdubmgan Please be advised Oust this office reprmmh attWwWak Inc- (^ MMaTgege'3. If Yuu am lotemted mbav)ng CitlMortgage evdmte your dients' qualifications for a potendal Wodroot Ofd= MWtgagobu4ldcase 00010010 the enclosed fame and hxacn such 161703 along wiffi the fallowing umteriau to this of5m Within two (2) weeks of the date bereoE Paystubs for the k e 60 days (any handwritten pay biubs require a Verification ofEmploymtad) - Social Security BenefRAwwd, Retirement Bmcfit, if applicable - Uxmploymcat Benefit Award Letts, if applicable - Carent Workable Solutions Application - Bank statements for last 60 days - Cement Rratal Agreement, if appticable and proof of mntd income thrnugb two (2) rental chocks or two (2) monthly bank statements, reflecting the rer4 deposit THIS cOMMUIlICATION 15 AN ATTEMPT TO COLLECT A DEBT AND ANV INFORMATION OBTAINED VMX BE VSHD FOR THAT PURPOSE. C~ ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) CitiMortgage, Inc. vs. Ferna N. Garman and Jamie D. Garman ~, r.a (List the within matter for th~ e~ `- r..~ ~# `' - -------- -- ------------- ~ ~ - - ~ ~ -~ _ ~ r' ~.. ~ ~D ~ r-,~.; ~a ' r'~ zo a~ ~ ~,~ Q 4J~ ~ No. 11-4295 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PlaindM's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Richard M. Squire & Associates, LLC (Name and Address) 115 West Ave, Suite 104, Jenkintown, PA 19046 (b) for defendants: (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: 8-30-12 Richard M. Squire 8t Associates, LLC Attorney for INSTRUCTIONS: 1.Original and two copies of aU briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. ff argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. a~~ ~~a~ai~ ~~ a spa 3~ ~ O ~~-, Print your na e Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax:215-886-8791 Attorneys for Movants CitiMortgage, Inc., PLAINTIFF, v. Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-4295 Civil CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR ARGUMENT TO THE COURT ADMINISTRATOR: Kindly schedule argument on the Plaintiff s Motion for Summary Judgment for the next available argument date. None of the Defendants has filed a response thereto. RICHARD M. SQUIRE & ASSOCIATES, LLC Dated: August 24, 2012 BY: Craig eimer, Esquire Attorney for Plaintiff ' . Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Movants CitiMortgage, Inc., PLAINTIFF, v. Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-4295 Civil CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Craig Oppenheimer, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Praecipe for Argument upon the following persons via simultaneous first-class mail, postage prepaid and certified mail, return receipt requested: Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 RICHARD M. SQUIRE & ASSOCIATES, LLC Dated: August 24, 2012 BY: Craig Oppenheimer, quire Attorney for Plaintiff Richard M. Squire & Associates. LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire 1D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 1 15 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff r.., ,, f._, ' .. _ ' } . _. ,,, _~~ _ ;. ,_; . -.- . CitiMortgage, Inc., v. PLAINTIFF, Ferna N. Garman i 1 18 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman l 1 18 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: l 1-4245 Civil CIVIL ACTION MORTGAGE FORECLOSURE: PRAECIPE TO ENTER JUDGMENT UPON COURT ORDER TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff, CitiMortgage, Inc., and against the Defendants- Ferna N. Garman & Jamie D. Garman __, pursuant to the _ 10-5-2012_ Order of Court, attached hereto and made a part hereof Kindly assess the Plaintiff's damages for the sum of $_194,444.97_______ ___ _ calculated as follows: Pursuant to Court Order $188,162.97 Additional Interest (3/2/2012 through 10/12/12) [ 2251 days x $_27.92___] $ 6,282.00 Total: $ 194,44497 RICHARD M. SQUIRE & ASSOCIATES, LLC By: M. Tr reedman, Esquire (# 85165) ~h 1 At ey for Plaintiff ~kti~~ .JU~° ~ ^ ~~~ Dated: October 12, 2012 ~(~~ °~~ g7~ ~-a~~. DAMAGES ARE HEREBY ASSESSED AS INDICAT ~u~(,Q ~e~ ~~ ,~ ----- Richard M. Squire & Associates., LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 J 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff ('itiMort,gage, Inc., PLAINTIFh, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 1 1-4295 Civil CIVIL, ACTION MORTGAGE FORECLOSURE., v. Ferna N. Garman I 1 18 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman I l 18 Floribunda Lane Mechanicsburg, PA 17050 DEFENDA>\ITS. VERIFICATION OF NON-MILITARY SERVICE M. Troy Freedman, Esquire, hereby verifies that he is one of the attorneys for the Plaintiff in the above-captioned matter, and that on information and belief; he has knowledge of the following facts, to wit: (a) that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act of Congress of 2003, as amended. (b) that the Defendant(s) islare over 18 years of age and reside(s) at or maintain(s) a residence at 1 1 3 8 Floribunda Lane, Mechanicsburg, PA 17050 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. RICHARD M. SQU~I'~E,~4i ASSOCIATES, LLC !f/'i ~~ B Y: ~` - -- M. oy Freedman, Esquire (# 85165) rney for Plaintiff Dated: October 12, 2012 Office of the PROTHONOTARY Cumberland County 1 Courthouse Square, Ste 100 Carlisle, PA 17013 (717)-240-6573 Date: CitiMortgage, Ine., PLAINTIFF, v Perna N. Garman 1 1 18 Floribunda Lane 1Glechanicsburg, PA 17050 Jamie D. Garman 1 118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PF,NNSYI,VANIA ~~ DOCKET NO: 1 I-4295 Civil CIVIL ACTION MORTGAGE FORECLOSURE: NOTICE TO: Ferna N. Garman l l 18 Floribunda Lane Mechanicsburg, PA 17050 Pursuant to requirements of Pennsylv nia Rules of Civil Procedure, Ry~,e 236, notice is hereby given that on _ p ud (decree)(o ex) was entered against you in this o face n e pros 1 in~indicatewe. Deputy Prothonotary Date Mailed: Office of the PROTHONOTARY Cumberland County 1 ~~ourthouse Square, Ste 100 Carlisle, PA 17013 (717)-240-6573 Date; C'itiMortgage, Inc., PLAINTIFF, v. Ferna N. Garman 1 118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1 118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS. NOTICE TO: Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 1 1-4295 Civil CIVIL, ACTION MORTGAGE FORECLOSURE Pursuant to reQuirements of P nns lvania Rules of Civil Procedure, Rule 236, notice is hereb}~ given that on __~ , a judgment (decree)(order) was entered against you in this office in th roce g a icated above rot ~ ~~ `< Deputy Prothonotary Date flailed: CitiMortgage, Inc., v. 1N THE COURT OF COMMON PLEAS PLAIl`v'TiF'F; ~, uii~1BERLAND COL"Iv T T', PENNSYLVANIA Ferny N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 11 18 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS DOCKS"I NO; 11-4295 Civil CIVIL ACTION MORTGAGE FORECLOSURE - ;.~~ _ -- ..~ ,....~ _~- _. ~.,a -~ r c..ra =: .-~ ~ -. __. ~~.~ ORllER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMF,NT AND NOW, to wit, this ~ /~_day of ~i>t~ vyyJ.~ _, 2012, upon consideration of the :Plaintiff's Motion for Summary Judgment, and upon consideration. of any ,Answer thez•eto, and upon good cause showing; it is hereby ORDERED that the Plaintiff's Motion for Summary Judgment is granted; and it is FURTHER ORDERED that judgment, in rem, is entered in favor of the P(aintiif and against the Defendants, Jamie D. Garman and Ferny N. Garman, in the amount of $188,1. ~i2.97, as of 3.1.12 together with ongoing interest at the rate of $27.92 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 111.8 Floribunda I_,ane, Mechanicsburg, PA 17050. BY TIIE COURT'; ., --- - -_ - .1 CC M. Troy Ireedman, Esquire Ric~rard M. Squire & Associates, LLC ~ie 1enl;intown Station, Suite 104 .~ 115 West Avenue Jenkintown, PA 19046 Tel. (215) 886-8790 Fax (215) 886-8791. Email tfreedman t squirelaw.com Jason J. Schibinger; Esquire Buzgon Davis L aw Office 525 South Eighth Street, Post Office Box 49 Lebanon, I'A 17042-0049 Tel. (717 j 274-1421 Fax (717} ~'~74-1752 Email: schi;binaer ,buz~ondavis.com Richard M. Sc.luire & Associates, LLC Attorneys for Plaintiff Bti Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 1 15 West Avenue Jenkintown. PA 19046 Telephone: 21 ~-886-8790 Fax: 215-886-8791 _. CitiMortgage, inc. ~ IN THE COURT OF COMMON PL EAS PLAINTIFF, :CUMBERLAND COUNTY, PENNSYLVANI A 11-4295 Civil NO ~ ~' Ferny N. Garman . ~ ,.~, --~ ~ --; 1 118 Floribunda Lane ~ CIVIL ACTION ~~ -~ ~r,.~, Mechanicsburg, PA 1"1050 cnr" ~ z ~.,y a' 'z'~' ~ MORTGAGE FORECLOSURE r - ~~ Jamie D. Garman ~ S~ ~, ~ ~ ~' K 1 ~ ,. _„ 1 1 18 Floribunda Lane " ? ~ N +~ C'; 7050 Mechanicsburg, PA 1 DEFENDANTS. PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Kindly issue a Writ of Execution in the above matter. Amount Due $ 188,16'1..97 Interest From 3/2/2012 to 10/12/2012 @$27.9223 per diem [Praecipe to ~ 6,282.00 Enter Judgment] ~ 4,048.40 lnterest From 10/13/2012 to 3/6/2013 @ $27.9223 per diem Total: $ 198,493.37 * plus fees and costs Date: October 15, 2012 f~ s 'S0 ~a Ipq Iq r1'`/ 'f. ~ oo e g~ as , o0 0; ~q. ?5 " !(,.50 a ..~o _~-- - ;~13.~ - PD A-rr/ -~a-a=~ ~u~to' 'So ~1, CMI-601F S2/DM1 Richard M: Squire, Esq. (PA LD.~ 04267) M. Troy Freedman., Esq. (PA l.D.# 85165) ~' Craig Oppenheimer, Esq. (PA I.D.+# 313264) 1 I S West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax:) r~iire(t~squirelaw.com tfreedman cr,squirelaw.com coppenheimer~squirelaw.com Attorneys for Plaintiff C~a~8d9 ~-# ae~~9 RE ~.a~-~ U ~~ N ~' 0 U C 0 oQ ?. a zz aw H vz^ O ~/ ~Q ~z o Q, u ~I z ~- ~ ~~ 0 o ~ ~ r v ~~ ~ Q ~ ~ d ~; ~ "b ~ b p.., C.~ ~ bA + ~ ~ ~ os ^p ^~ ~ ~ o ~ ~ ~ ~ o .. O o ~ ~ ~'~~ ~ ~ .--i ~ ~ ~~ ~ ~ Z O ~ ~ W ~ u ~~~ ~~ °' ~ ; ~, - ,~ W ' ~ ~ ~ ,E j ' ~~w ~ p ` ~ w ~ •~ cn ~ w o n ~ O ~ ~~ L °~~ ~~~~~ y o ~ L a> ¢ > Q X Q. F--1 p , ~ a~ .~ ~ ¢ ~ a ~, o ~' ~ y ~ ~ 1;~ ~ w ~ ~ ~ 4-' 3 ~ ~ ~ ~.~ ~ ~ ~ ~ ~ ~ L ~/ bA ~~ P U ~ O ~ ~ .-- , ~ ~ y ~ '~ W O ~ 1 U ' „~~~ °r'~~~ p0 Y ~~Q o ' gib-, 0 W \ ~U ~ ~ 0 1 U O ~ ~ 'D ~ ~ ~~ w ~a a '~ III y~ I, Q N w 0 U Richard M. Squire &: Associates, LL.C I3y: Richard M. Squire, Esquire M. "Troy Freedman, Esquire, Craig Oppenheimer, Esquire LD. Nos. 04167 / 85165 / 313264 One Jenkintown Station, Suite 104 1 I S West: ,-venue .lenkintown, PA 19046 (2151 886-8790 F,ax (215) 886-8791 Attorneys Yor Plaintiff CitiMortgage, Inc. ~ IN THE COURT OF COMMON PLEAS PLAINTIFF, ~ CUMBERLAND, PENNSYLVAMA. ~~ NO. 11-4295 civil Ferna N. (carman 1118 Floribunda Lane Mechanicsburg, PA 17050 .Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17051) DEFENDANTS ' ~ ~ :~ CIVIL Acrrloly ~~ ~ ---~ rn ~ ;~ rr- ca n ~ -: r-~ -= MORTGAGE FORECLOSUKE ~~ '~' ~ ~~'rr, ~ ~ :' rn ; ~ ~ ~ --, ... ` • 1~ ~~ ~ ,rJ i. -, .~- c,.:: AFFIDAVIT PURSUANT TO RULE 3129_1 CitiMortgage, Inc., Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1118 Floribunda Lane, Mechanicsburg, PA 17050 Parcel No:.42--31-? 153-034. Name and last known address of Owners j or Reputed Owner(s): Ferna N. Garman 1 1 18 Floribunda Lane Mechanicsburg, PA 1 "7050 Jamie D. Garman 1 1 18 Floribunda Lane Mechanicsburg, PA 17050 2. Name and last known address of Defendan.t(s) in the judlgment: Ferna 1\I. Garman 1.118 Floribunda Lane Mechanicsburg, PA 17050 Jamie 1;~. Garman l 118 Floribunda Lane Mechanicsburg, PA 17050 P:AClieuts'~t'i(i Mongu~e~Garman - tiOtF\writ package t0-13-2012.wpd 3. Name and last known address of every judgment creditor whose •judgment is a record lien on the real property to be solcL• CitiMortgage, Inc. 1000 'Technology Drive O'Fallon, MO 63368-2240 4. Name and address of last recorded holder of every mortgage of record: CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368-2240 First Guaranty Mortgage Corporation 8180 Greensboro Drive, #500 Mclean, VA 22102 MER~~ P.U. Box 2026 Flint, Pv1I 48501-2026 MFRS 1818 Library Street, Suite 300 Reston. VA 20190-6280 ~. Name and address of every other person who has any record lien on the property: None other. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1.230 F~.AClientsk'iti M~~ne<~ge\Garman - 601 F\writ package 10-13-2012.wpd Department of Public Welfare Attn :Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Bldg., Room 432 larrisburg, PA 1710.5-2675 Commonwealth of PA Department of Revenue Bureau of Individual Taxes PO Box 280601 Harrisburg, PA 1.7128-0601 Comn-~onwealth of PA Department of Revenue Office of Chief Counsel Department 281061 Harrisburg, PA 17128-1601 I~:AClients\~ iti Murigage`d~annan - 601F\writ package 10-13-2012.Npd 7. Name and address of every other person of whom the plaintiff has kno«~ledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 11 18 ]Floribunda Lane Mechanicsburg, PA 17050 Ferna N. Garman c/o .Iason J. Schibinger, Esq Buzgon Davis Law Office 525 South Eighth Street PO Box 49 I:ebanon, PA 17042-0049 Jamie D. Garman c/o Jason J. Schibinger, Esq Buzgon Davis Law Office 525 South Eighth Street PO Box 49 Lebanon, PA 17042-0049 VERIFICATION i verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC ,.: ~ ~i=° Richard lvl. Sq •e, Esquire M. "Troy Freedman, Esquire • :r'"Craig Oppenheimer, Esquire :1 l5 West Avenue, Suite 104 Jenkintown, PA .19046 (21.>) 886-8790 Attorneys for Plaintiff Date: October 15, 2012 F^Clienis~Citi Mnrtgage\Garman - 601 F\writ package 10-13-2012.wpd LEGAL DESCRIPTION AIM. 'PRA'T CERTAIN tract or parcel of land and premises, situate, lying rind being in the Township of Upper Allen, County of Cumberland and Cc~mmc~nwealth of Pennsylvania, more particularly describ+~d as follows: f3E~1NNING at a paint in the northern line of Floribunda IJane {5t7 feet wide), which :said paint is in the division line between Lats Nos. 27 and 28 c~ri t:he hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 27 and 28 an said plan, North nine {0~} degrees four (OQ} minutes five {Q5} seconds West, 134 feet to a point at the corner of Lot No. 7 an the hereinafter mentioned Flan of Lots; thencE: extending slang the divi.sian line between Lets Nc>s, 27 and 7 cn sais~ Xa3an, North eighty (8Q) degrees fifty-five {5~) mn~~tes fifty-.five (~~~) ~>econds East, 75 feet to a point at the earner of I,cat Na. 26 on the herenafter mentioned plan of lots; thence extending a1+~ng the division dine between lots Nos. 27 and 26 on said plan, South nine (Q9) degrees four i;(}4) minutes five (05) seconds East, 134 feet to a paint i.n the nc.rther~n Line of Floribunda Lane, aforernentianed; therace~ extending alan~ the naz-them line of Floribunda bane, South eighty {8fl) d€~grees fifty- five (5`i) ma.nztes fifty-five {55) seconds West, 7~ feet tc a point at. the cc:yr_ner of Lot Na. 28 an the hereinafter mentioned plan of lots, af.crementi.onec9, at the point and place of BEGINNING. I3FING Lot NO. 27, Block Bon the Plan of S'eetion 1 of Rc.~sec~arden, which said p.tan is recorded in Plan Boole 27, Page 16, Gumberl,~:nd Cerunty rec:c~rds . 1IAVINGTHEREON ERECTEDadwelling known as 1118 Floribunda.Lane, Mecharricsburg,Pennsylvania PARCEL. NO. 42-31-2153-034 BEING the same premises which Scott J. Davis and Kathleen A. Davis granted and conveyed unto Jamie D. Garman and Ferns N. Gai~nan by Deed dated December 20, 2006 and recorded December 29, 2006 in the Oltice of the Recorder of Deeds of Cumberland County, Pennsylvania. in Deed Bool`. 278, Page 874. P:AClients\l'iti M~~rtgageAGarn~an - 601 Fbvrit package 10-13-2012wpd Richard M. Squire & Associates, LLC Ley: Ricl~iard M. Squire, Esquire M. ~froy Freedman, Esquire Craig Oppenheimer, Esquire LD. Nos. 04267 / 851.65 / 313264 One Jenkintown Station, Suite 104 1 I S West Avenue Jenkintown. PA 19046 Attorneys for Plaintiff Telephone: ? 1 ~-886-8790 Fax: 2I5-886-8791 CitiMortgage. [nc. PLAINTIFF, IN 'THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ferny N. Garman ] 1 18 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman (1 18 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANT'S NO. 11-4295 Civil ~ ° ;i -q 3 m~ r`.s ~ ~: -~, ,~ C1'VIL ACTION ~~ ~ --f ~_ r--~ ~ ~ ~~ r., ; cn tv c..., ,y MORTGAGE FC-RECLOSUR~..K~ ~' ~ ---rte ma _ ~ -~,. ~ c" r wr;,,C N f9= _~ ~- ~. c.~t ~' VERIFICATION OF NON-MILITARY SERVICE Craig Oppenheimer, Esquire, hereby verifies that he is one of the attorneys for the Plaintiff in the above-captioned matter. and that on information and belief, he has knowledge of the following facts, to wit: (a) that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 2003. as amended. (b) that Defendants are over 18 years of age and reside at l 1 18 Floribunda Lane. Mechanicsburg, PA 1700. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: October 15, 2012 _,.~' ,- - i~~:: -.- By: ~--~'~ ~~~-`. ~. ~- .R --- Richarcfi~l. Squire, Esq. (PA LD.# 04207) M. Troy Freedman, Esq. (PA LD.# 85165) _~ Craig Oppenheimer, Esq. (PA LD.# 313264) 1 15 'West Avenue, :Suite 104 Jenkintown, PA 19046 215-,686-8790 215-1686-8791 (fax) rs uire cr squirelaw.com tfreedman(n~~c uirelaw.com cOppenheimer cr sguirelaw.com P1Clients`~Ciii MortgageAGarman - 601E\writ package 10-13-2012svpd Richard M. Squire & Associates, LLC Attorneys for Plaintil-f By: Richard M. Squire, Esquire M. l coy Freedman, Esquire Craig Oppenheimer, Esquire LD. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 1 15 West Avenue Jenkintown. PA 19046 Telephone: ~? 15-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF. ;CUMBERLAND COUNTY, PENNSYLVANIA v. Ferna N. Garman 1 1 18 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1 1 18 FIo--ibunda Lane Mechanicsburg, PA 17050 DEFENDANTS. NO. 11-4295 Civil CIVIL ACTON ~3 MORTGAGE FORECLOSURE ~~~ ~~~ _xa ,~a .a~ AFFIDAVIT OF LAST KNOWN ADDRESSES n r7 --t rn ~" ,.~ ,._ --+ ~ rt, - ~ __. r ~ c.. ~~ ~'; r~ :; C' ~, I, Craig Oppenheimer, Esquire, being duly sworn according to law, hereby depose and say that I am one of the attorneys for Plaintiff in the above matter and that the last known address for the Defendants herein are as follows: Defendants: Ferna N. Garman I 1 18 Floribunda Lane Mechanicsburg, PA (7050 .lamie D. Garman l 1 18 Floribunda Lane Mechanicsburg, PA 17050 Date: October 1 ~, 2012 --~ r ,~ ~ _ ~, "_ Richard M. Squire, (Esq. (PA LD.# 114267) M. Troy Freedman, Esq. (PA LD.# 8i 165) -'`Craig Oppenheimer, Esq. (PA LD.# :~ 13264) 1 15 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire cr squirelaw.com tfree~dman(cr~ quirelaw.com copCtenheimer(cr~~sguirelaw.com F:'~Clienis.Citi Mortgage\Garrnan - 60-F\writ package 10-13-2012.wpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. "Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 1 15 West Avenue Jenkintown. PA 19046 Attorneys for Plaintiff Telephone: ? 15-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. PLAINTIFF, IN 'THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA l NO. 11-4295 Civil ~" rv ~' `o, ` _~ 3 ~ ,w CIVIL ACTION ~~ ~ x ~ --+ `t:-=~ ~, r-y ; o MORTGAGE FC-RECLOSURE~~ °' .c a ~ r-, ~ a --, c~ -~-, :~ cx ~-=;--; :ul ` ~ - ~. .. . r~ . 4, v. Ferny N. Garman 1 1 18 Floribunda Lane Mechanicshurg, PA 17050 Jamie D. Garman 1 118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANT'S CERTIFICATION Craig Oppenheimer, Esquire, hereby verifies that he is an attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) An FHA Mortgage ( ) Non-owner occupied ( ) Vacant (X) Act 91 Procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~-'~ Date: October 15, 2012 gy: _~ --~~ ~~ _ ~-`_.= ~- -~~- ~~ -= Rich~ard~I: Squire, Esq. (PA I.D.# 04267} M. Troy Freedman, Esq. (PA LD.## 85165] _~~~raig Oppenheimer, E?sq. (PA I.D.# 313264) 1 15 `West Avenue, ;Suite 104 Jenkiintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire cr sauirelaw.com tfreedman~squirelaw.com coppenheimer~sguirelaw.com Attorneys for Plaintiff __ Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 / 313264 One .lenkintown Statiion, Suite 104 1 15 West Avenue Jenkintown. PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, ~ CUMBERILAND, PENNSYLVANIA ~~„ NO. 11-4:295 Civil Ferny N. Garman ~ ': CIVIL ACTION ~~~~ ~ ~ ~, , 11 18 Floribunda Larne ~~ CS7 "' ~ - -`' "T'' Mechanicsburg, PA 17050 ~ MORTGAGE FORECLOSURE z~l ~ :~ ;;~~~ c/?~ ~ N ~ ~ c. ~ .lamie D. Garman ~ ~~ ~ ~~~ 1 l 18 Floribunda Lane z ra ~ ~ r , _- Mechanicsburg, PA 17050 ~~- N , , r'` ~' DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Ferny N. Garman 1118 Floribunda Lane, Mechanicsburg, PA 17050 Your house (real estate) at 111.8 Floribunda Lane, Mechanicsburg, PA 17050 is scheduled to be sold at the Cumberland County Sheriff Sale, on Wednesday, 3/6/2013 at 10:00 A.M., at the Cumberland County Courthouse. 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $188,162.97 plus interest to the sale da1:e obtained by CitiMortgage, Inc. against you. NOTICE OF OWNIE;R'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to CitiMortgage, Inc., the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find orat how much you must pay, you may call: Richard M. Squire, Esquire, M. Troy Freedman, Esquire or Craig Oppenheimer, Esquire at (?_15) 886-879V~r,. F:~.Cliei~is\Citi Mortgage\Garman - 601 F\writ package 10-13-2012.wpd ?, ~'ou may be able to stop the sale by filing a petition asking the CoiiE~-t t<~ strike or open the judgment, if the judgment ~~•as improperhr entered. You may also ask. thy: Court to postpone the sale for good cause. ~. You may be able to stop the sale through other legal proceedings. Yogi may need an attorney to assert your rights. The sooner you contact ones, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney. j YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE. OTHER RIGHTS EVEN IF' 'THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff s Sale is not stopped, your property will be~ sold to the highest bidder. You may find out the price bid by calling the Cumberland Sheriff's Office at 7l 7-?~0-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. ~. The sale will go through only if the buyer pays the Sheriff the full amol.mt due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-2~1~0-6100. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is l~~aid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may brin71ega1 proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sherifi~ no later than 30 days after the Sheriff s Sale. This schedule will state who will be recei~-~ing the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10} days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:AClicnu~Citi h1orr~agelGarman - 601\writ package 10-13-2012.wpd Richard M. Squire & Associates, LLC By; Richard M. Squire, Esquire M. ~1`roy Freedman, Esquire Craig Oppenheimer, Esquire LD. Nos. 04267 / 85165 / 313264 One .Jenkintown Station, Suite 104 1 15 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, :CUMBERLAND, PENNSYLVANIA. ~~„ NO. I1-4295 Civil Ferna N. Garman :CIVIL AC"TION 11.18 Floribunda Lane Mechanicsburg, PA 17050 MORTGAGE FORECLOSURE Jamie D. Garman 1 1 18 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jamie D. Garrnan 1118 Floribunda Lane, Mechanicsburg, PA 17050 r--~ c-~ ~~ -~ , c= ~"' ~ r...~ ~-4 ~ - _ ~ ; . I- ~?" "' _ ~~ rv ~;~i ~. .,__ ~~ :, Your house (real estate) at 111.8 Floribunda Lane, Mechanicsburg, PA 17050 i s scheduled to be sold at the Cumberland County Sheriff Sale, on Wednesday, 3/6/2013 at 10:00 A.M., at the Cumberland County Courthouse. 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $188,162.97 plus interest to the sale date obtained by CitiMortgage, Inc. against you. NOTICE OF OWNE;R'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE "To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay back 1:o CitiMortgage, Inc., the amount of the judgment plus cc-sts or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire, M. Troy Freedman, Esquire or Craig Oppenat (215) 886-8790. F:AClienis\Citi MortgageAGam~an - 601E\writ package 10-13-2012.wpd You may be able to stop the sale by fling a petition asking the Coi.n~t t~~ strike or open die judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one_ the more chance you will have <>f stopping the sale. (See notice below on how to obtain an~. attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find o~_rt the price bid by calling the Cumberland Sheril:fs Office at 7'f 7-?40-6100. ?. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. ~. The sale will go through only if the buyer pays the Sheriff the full a.rnount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-2~G0-6100. 4. If the amount due from the buyer is not paid to the Sheriiff, you will, remain the owner of the property as if the sale never happened. ~. You have a right to remain in the property until the full amount due is ;paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. ~. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the money. The money wil l be paid out in accordance with this schedule unless e:~cceptions (reason, why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your blouse back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:AClients ~ iti n^or~~age\Garman - 601 F\writ package 10-13-2012.k•pd WRIT OF EXECUTION and/or ATTACHMENT COMIvnONWEALT:H OF PENNSYLVANIA) COLIIv(']~Y OF CUMBERLAND) NO. 11-4295 Civil CIVIL ACTION - (,AW TO THI: SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTG.AGE, INC, Plaiintiff (s) Frorn FERNA N. GARMAN and JAMIE D. GARMAN (1) You are directed to levy upon the property of the de~Fendant (s)and to sell SEE LEGAL DF,SCRIF'TION . (:'_) Yo+.i are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying; any debt to or for the account of the defendant (s) and :From delivering any property of the defendant (~) or otherwise disposing thereof; (3) L'~ property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than. a named garnishee, you are directed to notify him/her that he/she has been added as a gan~ishee and is enjoined as above stated. Amount Due: $188.,162.97 L.L.: $.50 Interest from 3/2/12 TO 10/12/12 @ $27.9223 per diem (Praecipe to Enter Judgment) -- 56,282.00 from 10/13/12 to 3/6/13 @ $27.9223 per diem -- $4,048.40 Atty's Comm: °io Due Pro~thy: $2.25 Attv Paid: $213.25 Other Costs: Plaintiff Paid: [)ate: 10/26/12 _ ,1~~.Jf ~! ~~ ~~ Ito David D. Buell P othonot ry (Seal) By: ~~~ ~ ~~ ~ ~/~ Dep ty REQUESTING PARTY: Name: CRAIG OI'PENHEIMER, ESQUIRE address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STA"CEION, SUITE 104 115 WEST AVENUE, SUITE 104 JENKINT'OWN, PA 19046 Attorney for: PLAINTIFF ~ elephone: 215-886-8790 Supreme Court ID >`10. 313264 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ~ , . ~ ~ }~, M. Troy Freedman, Esquire ~ Craig Oppenheimer, Esquire ;° ~ i ~ ~ ti; '~ ' LD. Nos. 04267 / 85165 / 313264 ., ~ ~ One Jenkintown Station Suite 104 ' ^ ~,t ".., `~~ . ;; s , ~'' ~ i ~~~ , 115 West Avenue . Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc., ~ IN THE COURT OF COMMON PLEAS PLAINTIFF, ~ CUMBERLAND, PENNSYLVANIA v. ~ DOCKET NO. 11-4295 Civil Ferna N. Garman `: CIVIL ACTION 1118 Floribunda Lane Mechanicsburg, PA 17050 ;MORTGAGE FORECLOSURE Jamie D. Garman 11 l 8 Floribunda Lane Mechanicsburg, PA 17050, DEFENDANTS AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CitiMortgage, Inc., Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1118 Floribunda Lane, Mechanicsburg, PA 17050, Parcel No. 42-31-2153-034: Name and last known address of Owner(s) or Reputed Owner(s): Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 2. Name and last known address of Defendant(s) in the judgment: Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 F:AClients~C'iti MortgageAGarman - 601E\Writ Package Revised l 1-19-12.wpd Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368-2240 Arrow Financial Services, LLC c/o David J. Apothaker, Esquire 520 Fellowship Road, C-306 Mount Laurel, NJ 08054 Asset Acceptance, LLC c/o David R. Galloway, Esquire 54 E. Main Street Mechanicsburg, PA 17055 Asset Acceptance, LLC c/o Fulton, Friedman & Gullace, LLP Attn.: David R. Galloway, Esquire 130B Gettysburg Pike Mechanicsburg, PA 17055 4. Name and address of last recorded holder of every mortgage of record: CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368-2240 First Guaranty Mortgage Corporation 8180 Greensboro Drive, Suite 500 McLean, VA 22102 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501-2026 Mortgage Electronic Registration Systems, Inc. 1818 Library Street, Suite 300 Reston, VA 20190-6280 Name and address of every other person who has any record lien on the property: None other. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: F':\Clients\Citi Mortgage\Garman - 601E\Writ Package Revised I 1-19-12.wpd Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn :Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Bldg., Room 432 Harrisburg, PA 17105-2675 Commonwealth of PA Department of Revenue Bureau of Individual Taxes PO Box 280601 Harrisburg, PA 17128-0601 Commonwealth of PA Department of Revenue Office of Chief Counsel Department 281061 Harrisburg, PA 17128-1601 P:\Clients~C'iti Mortgage\Garman - 601F\Writ Package Revised ll-19-12.wpd 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 1118 Floribunda Lane Mechanicsburg, PA 17050 Ferna N. Garman c/o Jason J. Schibinger, Esquire Buzgon Davis Law Office 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 Jamie D. Garman c/o Jason J. Schibinger, Esquire Buzgon Davis Law Office 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 VERIFICATION I verify that the statements made in this affidavit are true and. correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC By. ,~, ~, ~ f.~~,,.. - Richar .Squire, Esquire /1C~I. oy Freedman, Esquire Craig Oppenheimer, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: November 20, 2012 F:\Clients'd'iti Mortgage\Garman -- 601 F\Writ Package Revised I 1-19-12.wpd SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson : Sheriff r� � ., Jody S Smith 0�'"h +t/ I Chief Deputy � .w t 13�IA Y 6 gn 0: 59 Richard W Stewart L. Solicitor ,,,MCF CUMBERLAND COUP jT y ..r � ��m�t�� PENNSYLVANIA Citimortgage, Inc Case Number vs. Ferna N. Garman {et aL} 2011-4295 SHERIFF'S RETURN OF SERVICE 01/02/2013 07:04 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1118 Floribunda Lane, Mechanicsburg, PA 17050, Cumberland County, 01/03/2013 05:08 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Ferna Garman, Wife, who accepted as"Adult Person in Charge"for Jamie D. Garman at 1118 Floribunda Lane, Upper Allen Township, Mechanicsburg, PA 17050, Cumberland County. 01/03/2013 05:08 PM-Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Ferna N. Garman at 1118 Floribunda Lane, Upper Allen Township, Mechanicsburg, PA 17050, Cumberland County. 02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/07/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6,2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Richard Squire, on behalf of CitiMortgage Inc., being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,199.33 SO ANSWERS, April 30, 2013 RbNW R ANDERSON, SHERIFF 00 p �.. PW 016k r Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. I IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND, PENNSYLVANIA V. NO. 11-4295 Civil Fema N. Garman CIVIL ACTION 1118 Floribunda Lane Mechanicsburg, PA 17050 MORTGAGE FORECLOSURE Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 CitiMortgage, Inc., Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1118 Floribunda Lane,Mechanicsburg, PA 17050 Parcel No:.42-31-2153-034. 1. Name and last known address of Owner(s) or Reputed Owner(s): Fema N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 2. Name and last known address of Defendant(s) in the judgment: Ferna N. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 FAChents\06 Mortgage\Garman-601F\writ package 10-13-2012.wpd lot 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 1118 Floribunda Lane Mechanicsburg, PA 17050 Ferna N. Garman c/o Jason J. Schibinger, Esq Buzgon Davis Law Office 525 South Eighth Street PO Box 49 Lebanon, PA 17042-0049 Jamie D. Garman c/o Jason J. Schibinger, Esq Buzgon Davis Law Office 525 South Eighth Street PO Box 49 Lebanon, PA 17042-0049 VERIFICATION I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC Richard M-. Squire, Esquire M. Troy Freedman, Esquire ;/Craig Oppenheimer, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: October 15, 2012 FAClients\Citi Mortgage\Garman-601 Rwrit package 10-13-2012.wpd Richard M. Squire&Associates, LLC ` By: Richard M. Squire,Esquire M.,Troy Freedman, Esquire Craig Oppenheimer,Esquire I.D.Nos. 04267 / 85165 /313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown,PA 19046 (215) 886-8790 Fax(215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. 1 IN THE COURT OF COMMON PLEAS PLAINTIFF, ': CUMBERLAND, PENNSYLVANIA V NO. 11-4295 Civil Ferna N. Garman 1 CIVIL ACTION 1118 Floribunda Lane Mechanicsburg, PA 17050 1 MORTGAGE FORECLOSURE Jamie D. Garman 1118 Floribunda Lane Mechanicsburg, PA 17050 DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Ferna N. Garman 1118 Floribunda Lane,Mechanicsburg,PA 17050 Your house(real estate)at 1118 Floribunda Lane,Mechanicsburg,PA 17050 is scheduled to be sold at the Cumberland County Sheriff Sale,on Wednesday,3/6/2013 at 10:00 A.M.,at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of$188,162.97 plus interest to the sale date obtained by CitiMortgage, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to CitiMortgage,Inc.,the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire, M. Troy Freedman, Esquire or Craig Oppenheimer, Esquire at(215) 886-8790. FAClients\Citi Mortgage\Garman-601F\writ package 10-13-2012.wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland Sheriff s Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6100. 4. If the amount due from the buyer is not paid to the Sheriff,you will,remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10) days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\Citi Mortgage\Garman-601F\writ package 10-13-2012.wpd Richard M. Squire&Associates, LLC By: Richard M. Squire,Esquire M.,Trby Freedman, tsquire Craig Oppenheimer, Esquire I.D.Nos. 04267/85165 /313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown,PA 19046 (215) 886-8790 Fax(215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND,PENNSYLVANIA V I NO. 11-4295 Civil Fema N. Garman ' CIVIL ACTION 1118 Floribunda Lane Mechanicsburg, PA 17050 € MORTGAGE FORECLOSURE Jamie D. Garman 1118 Floribunda Lane Mechanicsburg,PA 17050 DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jamie D. Garman 1118 Floribunda Lane, Mechanicsburg,PA 17050 Your house(real estate)at 1118 Floribunda Lane,Mechanicsburg,PA 17050 is scheduled to be sold at the Cumberland County Sheriff Sale,on Wednesday,3/6/2013 at 10:00 A.M.,at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of$188,162.97 plus interest to the sale date obtained by CitiMortgage, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to CitiMortgage, Inc.,the amount of the judgment plus costs or the back payments, late charges,costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire, M. Troy Freedman,Esquire or Craig Oppenat(215) 886-8790. FAClientsTiti MortgagelGarman-601F\writ package 10-13-2011wpd 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland Sheriff s Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6100. 4. If the amount due from the buyer is not paid to the Sheriff,you will,remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FAClients\Citi Mortgage\Garman-601 F\writ package 10-13-2012.wpd LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the northern line of Floribunda Lane (50 feet wide) , which said point is in the division line between Lots Nos. 27 and 28 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 27 and 28 on said plan, North nine (09) degrees four (04) minutes five (05) seconds West, 134 feet to a point at the corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 27 and 7 on said plan, North eighty (80) degrees fifty-five (55) minutes fifty-five (55) seconds East, 75 feet to a point at the corner of Lot No. 26 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 27 and 26 on said plan, South nine (09) degrees four (04 ) minutes five (05) seconds East, 134 feet to a point in the northern line of Floribunda Lane, aforementioned; thence extending along the northern line of Floribunda Lane, South eighty (80) degrees fifty- five (55) minutes fifty-five (55) seconds West, 75 feet to a point at the corner of Lot No. 28 on the hereinafter mentioned plan of lots, aforementioned, at the point and place of BEGINNING. BEING Lot NO. 27, Block B on the Plan of Section 1 of Rosegarden, which said plan is recorded in Plan Book 27, Page 16, Cumberland County records. HAVING THEREON ERECTED a dwelling known as 1118 Floribunda Lane,Mechanicsburg,Pennsylvania PARCEL NO. 42-31-2153-034 BEING the same premises which Scott J. Davis and Kathleen A. Davis granted and conveyed unto Jamie D. Garman and Ferna N. Garman by Deed dated December 20,2006 and recorded December 29,2006 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 278, Page 874. FAC1ients\Cifi Mortgage\Gamian-601F\writ package 10-13-2012.wpd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-4295 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC, Plaintiff(s) From FERNA N. GARMAN and JAMIE D. GARMAN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $188,162.97 L.L.: $.50 Interest from 3/2/12 TO 10/12/12 @$27.9223 per diem(Praecipe to Enter Judgment) -- $6,282.00 from 10/13/12 to 3/6/13 @$27.9223 per diem -- $4,048.40 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $213.25 Other Costs: Plaintiff Paid: Date: 10/26/12 David D.Buell,Prothonotary (Seal) By: C�Gluw- Depu REQUESTING PARTY: Name: CRAIG OPPENHEIMER,ESQUIRE Address: RICHARD M. SQUIRE &ASSOCIATES,LLC ONE JENKINTOWN STATEION,SUITE 104 TRUE COPY FROM RECORD In Testimony whereof.I here unto set my hand 115 WEST AVENUE,SUITE 104 and the&*of"M CoU0 at Carlisle,Pa. JENKINTOWN,PA 19046 This'��K a ,20 Al el. Prothonotary Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 313264 On October 31, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 1118 Floribunda Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2012 By: c'j" Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-4295 Civil HAVING THEREON ERECTED a dwelling known as 1118 Floribunda Citimortgage,Inc Lane,Mechanicsburg,Pennsylvania. PARCEL NO. 42.31.2153.034. VS. BEING the same premises which Fema N. Garman, Scott J.Davis and Kathleen A.Davis Jamie D. Garman granted and conveyed unto Jamie Atty.: Richard M. Squire D. Garman and Fema N. Garman ALL THAT CERTAIN tract or par- by Deed dated December 20, 2006 cel of land and premises, situate, and recorded December 29, 2006 in lying and being in the Township of the Office of the Recorder of Deeds of Upper Allen, County of Cumberland Cumberland County,Pennsylvania in and Commonwealth of Pennsylva- Deed Book 278, Page 874. nia, more particularly described as follows: BEGINNING at a point in the northern line of Floribunda Lane (50 feet wide),which said point is in the division line between Lots Nos. 27 and 28 on the hereinafter men- tioned Plan of Lots;thence extending along the division line between Lots Nos. 27 and 28 on said plan, North nine (09)degrees four (04) minutes five(05) seconds West, 134 feet to a point at the corner of Lot No.7 on the hereinafter mentioned Plan of Lots; thence extending along the division line between Lots Nos. 27 and 7 on said plan, North eighty(80) degrees fifty-five (55) minutes fifty-five (55) seconds East, 75 feet to a point at the corner of Lot No.26 on the here- inafter mentioned plan of lots;thence extending along the division line between Lots Nos.27 and 26 on said plan, South nine (09) degrees four (04) minutes five(05) seconds East, 134 feet to a point in the northern line of Floribunda Lane, aforemen- tioned; thence extending along the northern line of Floribunda Lane, South eighty(80)degrees fiftyfive(55) minutes fifty-five(55) seconds West, 75 feet to a point at the comer of Lot No.28 on the hereinafter mentioned plan of lots, aforementioned, at the point and place of BEGINNING. BEING Lot NO. 27, Block B on the Plan of Section 1 of Rosegarden, which said plan is recorded in Plan Book 27, Page 16, Cumberland County records. 52 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 8 day of FebnLaa, 2013 13 l�C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 i The Patriot-News Co. 2020 Technology Pkwy t4e atr1*ot*tXews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication i Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2011-CM CMI This ad ran on the date(s)shown below: ftmortgage,Inc 4 01/22113 fema N.Gam tan I" 01/29/13 Jam/®D.Garman AUK: Akhard M ire 02/05/13 ALL land and premises,� of�1 of in the Township it ate,tying and being �P b;;Allen,County of Cumberland and Commonwealth of Penusylva* more Particularly described is follows: Sworn to and subscribed before me this 14 day of February, 2013 A.D. BEGINNING at a point in the northern line Of Floribunda Lane(50 feet wide),which said point is in the division he between Lots Nos.21 and 28'up the hereinafter rk 1 0 mentioned Plan of Lots;thence extending ublic along the division line between Lots Nos. 27 and 28 on said Plan,North nine(09) degrees four.(04)minutes five(05)seconds West,134 feet to a point at the corner of COMM LTH OF PENNSYLVANIA Lot No ..7 on the hereinafter mentioned Notarial Seal Plan of Lots; thence extending along the Holly Lynn Warfel,Notary Public division line between Lots Nos.27 and 7 Washington Twp.,Dauphin County on said plan, North • , 22�'-degrees My Commission Expires Dec.12,2016 fifty-five(55)minutes fifty-flue($ seconds MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Fact,75 feet to a point at the comer of Lof No.26 on the--hereinafter mention of lots;thence eatendi line between is No i on said plan, South nine (0-f g our (04) minutes five(05)secc.as Ea-t,_4 feet to a point in the northern line of Fl6bunda Lane, aforementioned; thence extending along the northern line of Flonbunda Lane, South eighty (80) degrees fifty-five (55) minutes fifty-five (55) seconds west, 75 feet to a point At'the.comer of Lot No.28 on the hereinafter mentioned plan of lots, aforementioned,at the point and place of BEGINNING. BEING Lot NO.27,Block B on the Plan of Section 1 of Rosegarden, which said Plan is recorded in Plan Book 27,Page 16, Cumberland County girds. HAVING MEREON ERECTED a dwelling known as 1118 Floribunda Lane, Mechanicsburg,Pennsylvania PARCEL NO.42.31.2153.034 BEING the same premises which Scott J.:Davis and Kathleen A. Davis granted and conveyed unto Jamie D.,Cmrman and ' Fern N.Garman by Deed dated mber 20,2006 and recorded December 2006 in the Office of the Recorder pf of Cumberland County,Pennsyhania ed COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CitiMortga eg Inc. is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013,under and by virtue of a writ Execution issued on the 26th day of October, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 4295, at the suit of CitiMortgage Inc. against Ferna N. Garman&Jamie D. Garman is duly recorded as Instrument Number 201314716. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. a Q Lam_ Recorder of Deeds R der of Cumberland County Cari�ste,PA My Commi ' Expires the Fast Monday of Jan.2014