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HomeMy WebLinkAbout11-6344SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff I' THE PROTHONOTARY ?Q?ttr q! ? uintrrr?tr Jody S Smith` I AUG 23 PM 3: 3 7 Chief Deputy Richard W Stewart y Solicitor OFFICE OF M€ CUMBERLAND COUNT`( PENNSYLVANIA US Bank National Association Case Number vs. Christine M. Hertzler (et al.) 2011-6344 SHERIFF'S RETURN OF SERVICE 08/18/2011 06:35 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on August 18, 2011 at 1835 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christine M. Hertzler, by making known unto herself personally, at 2706 E. Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHAEL BARRIO , DEPUTY 08/1812011 06:35 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on August 18, 2011 at 1835 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Terry L. Hertzler, by making known unto himself personally, at 27-00-E. Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BARRICK, DE UTY SHERIFF COST: $54.00 August 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c? GouniySuite SnerM Teieosot't. Inc. PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Sheetal R. Shah-Jam, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION CUMBERLAND COUNTY AS A TRUSTEE FOR RFMSI 2007S9 . COURT OF COMMON PLEAS VS. CIVIL DIVISION CHRISTINE M. HERTZLER TERRY L. HERTZLER No. 11-6344 CIVIL TERM r' 0 N CZ) • A` D C'7 -A PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ; TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHRISTINE M. HERTZLER, and TERRY L. HERTZLER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $159,154.50 TOTAL $159,154.50 I hereby certify that (1) the Defendants' last known address is 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309, and (2) that notice has been given in accordance with Rule Pa.R.C.P 37.1. Date J _ Sheetal R Shah-J ni, Esquire Attorney for aintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PHS a 265286 PROTHONOTARY e-' 017a,g9 e#a4F&?o8 265286 PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia., PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 VS. CHRISTINE M. HERTZLER TERRY L. HERTZLER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 11-6344 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHRISTINE M. HERTZLER is over 18 years of age and resides at 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309. (c) that defendant TERRY L. HERTZLER is over 18 years of age and resides at 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date l R. ah-J ni, Esquire eeta Attorney for aintiff f 265286 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-6344 CIVIL TERM CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendant(s) TO: CHRISTINE M. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 DATE OF NOTICE: October 11, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY FORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 VA 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. - PHS # 265286 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-316 PHS # 265286 rllcOrMOH'agn & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-6344 CIVIL TERM CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendant(s) TO: TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 DATE OF NOTICE: October 11, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 I'O. ELIGIBLE-PERSONS AT A REDUCED FEE OR NO FEE. PHS # 265286 Office of the Prothonotary Cumberland County Courthouse CUMBERLAND COUNTY BAR 1 Courthouse Square ASSOCIATION Carlisle, PA 17013 CUMBERLAND COUNTY COURTHOUSE (717) 240-6195 2 LIBERTY AVENUE CARLISLE, PA 17013 .. ........ .......... . (717) 2,V...466 ---- Allison F. Wells Attorn for tiff Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza PhiladelPhia, PA 19103 (Rule of Civil Procedure No. 236) - Revised U.S. BANK NATIONAL ASSOCIATION CUMBERLAND COUNTY AS A TRUSTEE FOR RFMSI 2007S9 VS. CHRISTINE M. HERTZLER TERRY L. HERTZLER COURT OF COMMON PLEAS CIVIL DIVISION No. 11-6344 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. * * WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOI1-6344 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff (s) From CHRISTINE M. HERTZLER AND TERRY L. HERTZLER (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: $159,154.50 L.L.: $.50 Interest from 11/3/2011 TO DATE OF SALE ($26.16 PER DIEM) - $3,296.16 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $186.50 Other Costs: Plaintiff Paid: Date: 12/1/2011 David D. Buell, Prothonotary (Seal) By: REQUESTING PARTY: Name: WILLIAM E. MILLER, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 308951 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI COURT OF COMMON PLEAS 2007S9 Plaintiff CIVIL DIVISION v CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 11/03/2011 to Date of Sale ($26.16 per diem) TOTAL NO.: 11-6344 CIVIL TERM CUMBERLAND COUNTY $159,154.50 $3,296.16 162 450.66 h an Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff Note: Please attach description of property. PHS # 265286 G) o w? ex a4.? 66 u rr iy. po k .? a, sv ?,`18?.So td a ?'^t aP ??t?,?d C?? fta(oS?Q al-?`1 7,/ 0 N O W W 1-1 a H W 0 rj) oa U d d d Wqo W C, M ? c`?4 ,n ar, Wpd 9 W vz 0 Q, ? ? ? 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F w ?w Wow ?? 0 o ?! y ??Q LEGAL, DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the eastern line of Rosegarden Boulevard (East), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 3 and 4 on said plan, South 74 degrees 25 minutes 33 seconds East, 134.00 feet to a point in the western dedicated right of way line of a public township road (T-621); thence extending along the western dedicated right of way line of said public township road (T-621), South 15 degrees 34 minutes 27 seconds West, 78.0 feet to a point at corner of Lot No. 5 on the hereinafter mentioned Plan of lots; thence extending along the division line between Lots No. 4 and 5 on said plan, North 74 degrees 25 minutes 33 seconds West, 134.0 feet to a point in the eastern line of Rosegarden Boulevard (East), aforementioned; thence extending along the eastern line of Rosegarden Boulevard (East), North 15 degrees 34 minutes 27 seconds East, 78.0 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots, aforementioned, at the point and Place of BEGINNING. BEING LOT NO.4 BLOCK G on the Plan of Section 2 of Rosegarden, which said plan is recorded in Plan Book 28, page 141, Cumberland County records. FURTHER UNDER AND SUBJECT TO THE restrictions and conditions of prior record as shown in Deed Book M, Volume 27, page 497. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. TITLE TO SAID PREMISES IS VESTED IN Terry L. Hertzler and Christine M. Hertzler, h/w, by Deed from Yong Sun Hurley, single woman, dated 08/28/1998, recorded 09/01/1998 in Book 184, Page 575. PREMISES BEING: 2706 EAST ROSEGARDEN BOULEVARD, AWA 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 PARCEL NO. 42-31-2153-111 PHELAN HALLINAN & SCHMIEG, LLP William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ' !+ r T. U.S. BANK NATIONAL ASSOCIATION AS [,F RFMSI 2007S9 Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6344 CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: /&)/L) Aelan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6344 CIVIL TERM CUMBERLAND COUNTY PHS # 265286 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309. -ti?k Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 77) CHRISTINE M. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD, 2706 ROSEGARDEN BOULEVARD -? -- MECHANICSBURG, PA 17055-5309 - . C.., TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD, A/) 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 '" Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every Name HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC mortgage of record: Address (if address cannot be reasonably ascertained, please indicate) 9 SYLVAN WAY, SUITE 310 PARSIPPANY, NJ 07054 HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC. 9 SYLVAN WAY, SUITE 100 PARSIPPANY, NJ 07054 ONE MERIDIAN CROSSING, SUITE 100 MINNEAPOLIS, MN 55423 MFRS, AS NOMINEE FOR HOMECOMINGS P.O. BOX 2026 FINANCIAL, LLC F/K/A HOMECOMINGS FLINT, MI 48501-2026 FINANCIAL NETWORK, INC. MERS, INC. FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 MERS. INC. AS OF 12/6/10,1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT GMAC MORTGAGE, LLC MERS, AS NOMINEE FOR GMAC MORTGAGE, LLC DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 3451 HAMMOND AVE MAIL CODE 507-345-186 WATERLOO, IA 50702 P.O. BOX 2026 FLINT, MI 48501-2026 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: By: L40?j helan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR COURT OF COMMON PLEAS RFMSI 2007S9 CIVIL DIVISION Plaintiff NO.: 11-6344 CIVIL TERM VS. CHRISTINE M. HERTZLER CUMBERLAND COUNTY TERRY L. HERTZLER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHRISTINE M. HERTZLER = 4? TERRY L. HERTZLER _-+ 2706 EAST ROSEGARDEN BOULEVARD, .- A/K/A 2706 ROSEGARDEN BOULEVARD= ,- MECHANICSBURG, PA 17055-5309 r.. * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $159,154.50 obtained by U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the eastern line of Rosegarden Boulevard (East), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 3 and 4 on said plan, South 74 degrees 25 minutes 33 seconds East, 134.00 feet to a point in the western dedicated right of way line of a public township road (T-621); thence extending along the western dedicated right of way line of said public township road (T-621), South 15 degrees 34 minutes 27 seconds West, 78.0 feet to a point at corner of Lot No. 5 on the hereinafter mentioned Plan of lots; thence extending along the division line between Lots No. 4 and 5 on said plan, North 74 degrees 25 minutes 33 seconds West, 134.0 feet to a point in the eastern line of Rosegarden Boulevard (East), aforementioned; thence extending along the eastern line of Rosegarden Boulevard (East), North 15 degrees 34 minutes 27 seconds East, 78.0 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots, aforementioned, at the point and Place of BEGINNING. BEING LOT NO.4 BLOCK G on the Plan of Section 2 of Rosegarden, which said plan is recorded in Plan Book 28, page 141, Cumberland County records. FURTHER UNDER AND SUBJECT TO THE restrictions and conditions of prior record as shown in Deed Book M, Volume 27, page 497. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. TITLE TO SAID PREMISES IS VESTED IN Terry L. Hertzler and Christine M. Hertzler, h/w, by Deed from Yong Sun Hurley, single woman, dated 08/28/1998, recorded 09/01/1998 in Book 184, Page 575. PREMISES BEING: 2706 EAST ROSEGARDEN BOULEVARD, AXIA 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 PARCEL NO. 42-31-2153-111 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-6344 CIVIL TERM U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 vs. CHRISTINE M. HERTZLER TERRY L. HERTZLER owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 2706 EAST ROSE_GARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 Parcel No. 42-31-2153-111 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $159,154.50 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 PHS # 265286 DEFENDANT SERVICE TEAM/ lxh CHRISTINE M. HERTZLER COURT NO.: 11-6344 CIVIL TERM TERRY L.HERTZLER SERVE TERRY L. HERTZLER AT: TYPE OF ACTION 2706 EAST ROSEGARDEN BOULEVARD XX Notice of Sheriff's Sale A/K/A 2706 ROSEGARDEN BOULEVARD SALE DATE: March 7, 2012 MECHANICSBURG, PA 17055-5309 SERVED Served and made known to TERRY L. HERTZLER, Defendant on the 'S_ day of btL 20 l l , at TA, o'clock _?. M., at 0r- sE MAN& .- BWI , in the manner described below: Defendant personally served. Xdult family member with whom Defendant(s) reside(s). C-) 'a; Relationship is ' _ Adult in charge of Defendant s residence who refused to give name or relationship. rM - Manager/Clerk of place of lodging in which Defendant(s) reside(s). ' =-;o C '7 - Agent or person in charge of Defendant s office or usual place of business. N an officer of said Defendant's company. _ Other: Y ,/._ UJ Descri tion: A e H i ht,1 W i h 7 R `r p g e g e g t ace Sex Other C I, a competent adult, hereby verify that I personally handed a true and correct r4f Z Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the-address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE:- NAJ? PRINTED NAME: TITLE: Tloo6 5f_1z NOT SERVED On the day of , 20_, at ` o'clock _. M., Defendant NOT FOUND because: Vacant , Does Not Exist , Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAIN Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 ?J p Q "T"t -ice 7? AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 PHS # 265286 e+? DEFENDANT CHRISTINE M. HERTZLER SERVICE TEAM/ lxh COURT NO.: 11-6344 CIVIL TERIEW TERRY L. HERTZLER t? ti "rift t SERVE CHRISTINE M. HERTZLER AT: TYPE OF ACTION 2706 EAST ROSEGARDEN BOULEVARD XX Notice of Sherd'f's Sale ? A/K/A 2706 ROSEGARDEN BOULEVARD SALE DATE: March 7, 2012 MECHANICSBURG, PA 17055-5309 Z 0 = O SERVED ' Served and made known to CHRISTINE M. HERTZLER Defendant on the 11? day ofC - 20 {{ r , at o'clock,?. M., at 2-7oS. ?.• glcrA in the manner described below: L'Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age ?a Height -,! Weight ?a Race W Sex F Other I, l,- --> a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: - I? N PRINTED NAME: c?SS SgJtv4/t TITLE: NOT SERVED On the day of , 20-, at _ o'clock _ M., Defendant NOT FOUND because: _ Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza zx r ,A ca "0rr Philadelphia, PA 19103 , -<?S> © ' 215-563-7000 < ' >? IN THE COURT OF COMMON PLEAS _ OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS A CUMBERLAND COU NTY TRUSTEE FOR RFMSI 2007S9 Plaintiff, COURT OF COMMO N PLEAS v. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendant(s) CIVIL DIVISION No.: 11-6344 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto;Ex it "A". Date: Or-- hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 9 265286 e)(HlBloof «A„ 1 r d I 04 Fri O ?+ cn 'b ,? rn ai tS ? 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L Phelan Hallman & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff v. 7.912 H,AR -2 AM CUPS BERLAH,' ?J « Y PENNSYLVAINIA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County CHRISTINE M. HERTZLER No.: 11-6344 CIVIL TERM TERRY L. HERTZLER Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on August 10, 2011. 2. Judgment was entered on November 2, 2011 in the amount of $159.154.50. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 265286 Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2012. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $155,369.38 Interest Through March 7, 2012 $13,687.79 Per Diem $26.05 Late Charges $444.60 Legal fees $1,675.00 Cost of Suit and Title $435.00 Property Inspections $196.50 Appraisal/Brokers Price Opinion $166.00 Escrow Deficit $2,802.64 TOTAL $174,776.91 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on February 24, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 265286 A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Schmieg, LLP By. Melissa J. Can well, Esquire ATTORNEY FOR PLAINTIFF 265286 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County CHRISTINE M. HERTZLER No.: 11-6344 CIVIL TERM TERRY L. FERTZLER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE TERRY L. HERTZLER and CHRISTINE M. HERTZLER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary 265286 sums. including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). 265286 The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company V. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 3,90 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 265286 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v_?. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, 265286 Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Reams, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 265286 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The :Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 265286 VIII. PROPERTY INSPECTIONS AND PRESERVATION The germs of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral. including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 265286 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE By: Phelan I-la-liman & Sch?mieg, LLP Melissa J. Cantwell, Esquire Attorney for Plaintiff 265286 Exhibit "A" 265286 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION CUMBERLAND COUNTY AS A TRUSTEE FOR RFMSI 200759 COURT OF COMMON PLEAS VS. -n CIVIL DIVISION CHRISTINE M. HERTZLER ? i- TERRY L. HERTZLER No. 11-6344 CIVIL TERM te 1 o r - t? aa• PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHRISTINE M. HERTZLER, and TERRY L. HERTZLER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $159,154.50 $159,154.50 I hereby certify that (1) the Defendants' last known address is 2706 EAST ROSEGARDEN BOULEVARD, AIK/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309, and (2) that notice has been given in accordance with Rule Pa.R.C.P 37. L. Date 1 -- Sheetal R Shah-J ni, Esquire or f`or aintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: __1LAO.-._._. --11.00 PQ ttir( Pns ? 261286 PROTHONOTARY C, ' It 170,81 hlo4tu MaLW 205286 V,.y,Ulb!t 265296 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey February 24, 2012 CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 RE: U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 v. CHRISTINE M. HERTZLER and TERRY L. HERTZLER Premises Address: 2706 EAST ROSEGARDEN BOULEVARDA/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 11-6344 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by February 29, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided ace • u- Very trulk' ours, r .y f X11 iuty 1V1. Esquire Attorney for I'aii ff Enclosure 265286 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff V. CHRISTINE; M. HERTZLER TERRY L. HERTZLER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: I1-6344 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. CHRISTINE, M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 DATE: ?- Phelan Hallinan & Schmieg, LLP By: Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 265286 t, Try f , ,j? C?ZPR 16 CUMBERLANo ? PENNSYLVANJO"ri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS A Court of Common Pleas TRUSTEE FOR RFMSI 2007S9 Plaintiff Civil Division V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants RULE CUMBERLAND County No.: 11-6344 CIVIL TERM AND NOW, this /? day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 265286 ? Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 V CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 ?pi es evuc,1?06 3?/??/a 265286 265286 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS A: Court of Common Pleas TRUSTEE FOR RFMSI 2007S9 Plaintiffs vs. CHRISTINA M. HERTZLER, TERRY L. HERTZLER Defendants. : Civil Division : CUMBERLAND COUNT , • rnva No: 11-6344 CIVIL TERly m ?• r.,; _ o- o cn < I>C--? =r -.- - : a ?- _., co rQ DEFENDANT'S RESPONSE TO PLAINTIFFS MOTION TO REASSESS DAMAGES AND NOW, comes Defendants, TERRY HERTZLER and CHRISTINE HERTZLER (hereinafter referred to as "Defendants") by their attorney, Paul D. Elcock for Consumer Protection Assistance Coalition and hereby submits the following Response to Plaintiffs Motion to Reassess Damages. Defendants hereby object to Plaintiffs Motion to Reassess Damages on the basis that: 1. Defendants Terry L. Hertzler and Christine M. Hertzler contend that they are in an ongoing negotiation with Plaintiff's U. S. Bank National Association to obtain a reduced mortgage payment pursuant to HAW loan modifications. As such Defendants assert that as they are entitled to a tolling of all foreclosure actions during the negotiation, they similarly are entitled to a tolling of any additional sums and so related expenses on the property being incurred against them. 2. Contrary to point # 4 of Plaintiffs Motion to Reassess Damages, the Property is no longer listed for Sherrif sale on March 7m, 2012, but rather Plaintffs themselves have agreed to a new and later sale date of May 2" d, 2012 to facilitate the aforementioned renegotiation process. 3. Defendants contest the validity of Plaintiff's proffered reasons for thus far denying them reduced loan modification payments and have filed a Complaint against Plaintiffs in the Philadelphia county Court of Common Pleas. A correct copy of the Complaint is attached hereto as Exhibit "A". 4. Defendant acknowledges that additional sums and expenses/damages and mortgage fees have accrued on the property. However Defendants simply assert that these additional amounts should not be ascribed to them given the points of contention set forth in Defendant's attached Complaint. Defendants have made numerous documented attempts to obtain from Plaintiffs approval for reduced and affordable mortgage payments, all to no avail. 5. It is Defendant's position that Plaintiffs have deliberately delayed, prolonged and thwarted any progressive attempts toward obtaining a reduced mortgage payment in attempt to capitalize on the inevitable and lucrative penalty fees/late charges that result from non- payment. 6. Amidst the litigation, both Defendants and Plaintiffs continue to engage in an ongoing attempt at negotiating a reduced loan payment pursuant to HAW initiative. Defendants have continued to submit the relevant financial information as part of a workout package to determine their eligibility for a loan modification. 7. This Response to Plaintiffs Motion to Reassess Damages is being filed pursuant to a Ruling by this Honorable Court on March 16, 2012. WHEREFORE, in view of the strong merits of Defendant's arguments and the rescheduling of the Sheriff's sale on the property in question, Defendant respectfully requests that this Honorable Court Deny Plaintiff s Motion to Reassess Damages and vacate the Ruling to sustain such. DATE: 11,7- By??/ Paul D. Elcock, Esquire ATTORNEY FOR DEFENDANTS Consumer Protection Assistance Coalition Consumer Protection Assistance Coalition Paul D. Elcock, Esq id # 310403 121 Ardmore Avenue Ardmore, PA 19003 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR RFMSI 2007S9 Plaintiffs ATTORNEY FOR DEFENDANT AS A: Court of Common Pleas Civil Division CUMBERLAND COUNTY VS. No: 11-6344 CIVIL TERM CHRISTINA M. HERTZLER, TERRY L. HERTZLER Defendants. CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Defendant's Response to Plaintiffs Motion to Reassess Damages, were sent to the following individuals on the date indicated below Allison F. Wells, Esquire Phelan hallinan & Schmieg, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 DATE: / 2 By: cam'' Paul D. Elcock, Esquire ATTORNEY FOR DEFENDANTS Consumer Protection Assistance Coalition EXHIBIT "A" F? e? sp 4e44,by FIRST JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF PHILADELPHI1f' TERRY HERTZLER, an individual, CHRISTINE HERTZLER, an individual, Case No.: ?,; r 1t+ COMPLAINT FOR: Plaintiffs, VS. GMAC MORTGAGE, LLC; HOMECOMINGS FINANCIAL, LLC fAkla HOMECOMINGS FINANCIAL NETWORK INC,; U.S. BANK NATIONAL ASSOCIATION as indenture trustee for the registered holders of MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-S9 and DOES I through 50, inclusive, L VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 2. BREACH OF CONTRACT/BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING NOTICE TO DEFEND Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the Wowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appedrance personally or by attorney and filing In writing with the court your defuses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed In the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You shoaid Mke this paper to your lamer at once. If you do not have a lawyer or cannot afford one, go to or lelephwie the office set forth below ro Jind out where you can get legal held AYISO Le hen demandade a usted en Is carte. SI usted quiere defenderse de estas demandaa eapuestas en Ins paginas sigulentes, usted tiene velute (20) that de plazo al partir de In fecha de Is demands y In notifleaclon. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la torte an forma escrita sus defenses o sus objeciones a Ins demandas en contra de su persona. Sea avisado que si usltted no se deflende, in torte tomara medidas y puede continuar in demands an contra soya sin previo aviso o notifleaelon. Ademas, la carte puede decider a favor del demandente y requlere que usted cumpla con todas Ins provislones de esta demanda. Usted puede perder dinero o sus propledades u otres derechos importantes pars usted. Move esta demanda a an abogado immeWatamenle. Sl no dene abogado o sl no dene e1 ^era anfidente de pagar tat servido. Yaya en persatta o llaise por tdefono a la oJicina cN)w direction se encnentra eserka abajo para averiguar donde se puede couseguir asistencla legal. Philadelphia Bar Association Lawyer Referral and Information Service One Reading Center Philadelphia, Pennsylvania 19107 (215) 238-6333 TTY (215) 451-6197 Asoclaclon De Licenclados De Filadolfla Serviclo De Referencla E Information Legal One Reading Center Filadelfla, Pennsylvania 19107 (215) 238-16333 TTY (215) 451-6197 10-284 Case ID: 120204064 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY TRIAL DIVISION ase No.: ERRY HERTZLER, an individual, CHRISTINE HERTZLER, an individual, Plaintiff, VS. MAC MORTGAGE, LLC; OMECOMINGS FINANCIAL, LLC f/k/a HOMECOMINGS FINANCIAL NETWORK INC.; U.S. BANK NATIONAL SSOCIATION as indenture trustee for the registered holders of MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-59 and DOES I through 50, inclusive, Defendants.. CERTIFICATE OF SERVICE I, Paul Elcock, hereby certify that on March 1, 2012 I served copies of Complaint. on the following parties by way of Electronic Filing through the Philadelphia Court of Common Pleas: Michele M. Bradford Esquire, Attorneys of Record, Phelan Hallinan & Schmieg, LLP, I617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103. Date: 3/1/2012 Signature: ;_..... _...,_.. J .? Case ID: 120204064 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Paul Elcock, Esq. SBN 310403 CONSUMER PROTECTION ASSISTANCE COALITION, INC., (DE) A Not for Profit Legal Clinic 2911 South Bristol Street Santa Ana, CA 92704-6205 Telephone: (800) 991-7634 Facsimile: (714) 955-6655 Attorney for Plaintiffs, TERRY HERTZLER and CHRISTINE HERTZLER COURT OF COMMON PLEAS COUNTY OF PHILADELPHIA COUNTY TERRY HERTZLER, an individual, CHRISTINE HERTZLER, an individual, Case No. : COMPLAINT FOR: Plaintiffs, I VS. GMAC MORTGAGE, LLC; HOMECOMINGS FINANCIAL, LLC f/k/a HOMECOMINGS FINANCIAL NETWORK INC.; U.S. BANK NATIONAL ASSOCIATION as indenture trustee for the registered holders of MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-S9 and DOES 1 through 50, inclusive, 1. VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 2. BREACH OF CONTRACT/BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING Defendants. Comes, TERRY HERTZLER AND CHRISTINE HERTZLER, (hereinafter "Plaintiffs") who for cause of action against defendants, and each of them allege as follows: Plaintiffs Complaint alleges causes of action for Violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law and Breach of Contract/Breach of Duty of - 1 Case ID: 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Good Faith and Fair Dealing against GMAC MORTGAGE, LLC; HOMECOMINGS I I FINANCIAL, LLC f/k/a HOMECOMINGS FINANCIAL NETWORK INC.; BANK NATIONAL ASSOCIATION as indenture trustee for the registered holders MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-S9 and DOES 1 through 50, inclusive, against all Defendants for Damages only L PARTIES 1. Plaintiffs TERRY HERTZLER and CHRISTINE HERTZLER allege that at all relevant times herein, Plaintiffs were individuals residing at 2706 East Rosegarden Boulevard, Mechanicsburg, PA 17055 in the County of Cumberland, State of Pennsylvania. 2. Defendant GMAC MORTGAGE, LLC (hereinafter referred to as "GMAC") is a corporation principal place of business at 7 Carnegie Plaza, Cherry Hill, New Jersey 08008 and which, at all relevant times, was doing business in Cumberland County, Pennsylvania as a Mortgaging Servicing Company or loan servicer and served as successor in interest to Homecomings Financial, LLC. Defendant GMAC has offices in 3535 Market Street, Philadelphia PA 19104. 3. Defendant HOMECOMINGS FINANCIAL, LLC f/k/a HOMECOMINGS FINANCIAL NETWORK INC. (hereinafter "HOMECOMINGS") is a corporation which, at all relevant times, was doing business in Cumberland County, Pennsylvania as a real estate financial lender or loan servicer. GMAC engaged in the business of mortgage lending/servicing/transactions, nominee, and is beneficiary and/or assignor of Mortgage as it pertains to this complaint, is a successor in interest to HOMECOMINGS 4. Defendant U.S. BANK NATIONAL ASSOCIATION (hereinafter "U.S. Bank) as indenture trustee for the registered holders of MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-S9 is a Trustee which, at all relevant times, was doing business as a real estate financial lender or loan servicer. -2- Case ID: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The true names or capacities, whether individual, corporate, associate or otherwise l of Defendants named herein as DOES I through 50, inclusive, are unknown to Plaintiff who I therefore sue said Defendants by such fictitious names, and Plaintiffs will amend this complaint to show their true names and capacities when the same have been ascertained. 6. At all times relevant herein, each of the Doe Defendants was the agent, servant, I I representative and/or employee of each of the remaining Defendants and was at all times acting I within the course and scope of such agency and/or employment, or was in some way the cause of I Plaintiffs' damage. Plaintiff believes and thereon alleges, that at all times relevant during the liability period, that Defendants, and each of them, including without limitation those Defendants herein sued as DOES, were acting in concert or participating with each other, or were joint participants and collaborators in the acts complained of, and were the agents or employees of others in doing the acts complained of herein, each and all of them acting within the course and scope of said agency and/or employment by others, each and all of them acting in concert with the other and all together. The doctrines of respondeat superior and ratification apply 7. The complained of actions occurred throughout 2011, well within all applicable statutes of limitation. Thus any applicable statutes of limitations have been tolled by the Defendants' continuing, knowing, and active concealment of the facts alleged herein. VENUE AND JURISDICTION 8. Venue is proper in this Court, pursuant to Pennsylvania Rules of Civil Procedure, Rule 2179 (a)(2) as the defendant Corporation regularly conducts business in the county of Philadelphia. 9. The Court of Common Pleas has jurisdiction over this action pursuant to Pennsylvania Article V, Section 5 of the Pennsylvania Constitution, which grants the Common Pleas Court "original jurisdiction in all causes except those given by statute to other trial courts." No other basis of jurisdiction is implied in this case, which presents Pennsylvania state law claims regarding Pennsylvania real estate transactions conducted by Pennsylvania based entities. -3- Case ID: 1202 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Venue is proper in this Court because of defendants' liability to Plaintiffs arose within the jurisdictional region of this Court. 11. Defendants herein purposefully directed their activities to the Commonwealth of Pennsylvania and consummated a transaction with a resident of the Commonwealth of Pennsylvania, Plaintiffs herein. As a result, Defendants caused an event or events to occur in Pennsylvania, and more particularly in Philadelphia County, out of which this action arises and which forms the basis of this action. 12. Accordingly, this Court has subject matter jurisdiction over this matter and personal jurisdiction over each of the parties. 113. Additionally, Plaintiffs have, as detailed below, asserted causes of action that arise under Pennsylvania Law and depend entirely on state law. 14. This Court has personal jurisdiction over the parties named in this Complaint due to the fact that DEFENDANTS either are entities duly licensed to do business in Pennsylvania or are entities that regularly conduct business in this judicial district within Philadelphia FACTUAL ALLEGATIONS TO ALL CAUSES OF ACTION 12. Plaintiffs incorporate paragraphs 1 through 7 inclusive, as though fully set forth herein. 13. Plaintiffs, at all times relevant to this Complaint, were the owners of the real property commonly known as 2706 East Rosegarden Boulevard, Mechanicsburg, PA 17055. This property will hereinafter be referred to as "Subject Property." 14. Plaintiff purchased the Subject Property in about August, 1998. 15. On or about May 10, 2007 Plaintiff executed a Mortgage and Note for the sum of $160,000.00 through a 30 year loan with an interest rate of 6.125%. Plaintiff also took out a second mortgage in the sum of $20,000 with Citi Financial.. The lender on the 1 3t Mortgage was t -4- Case ID: 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant HOMECOMINGS. The Trustee was LSI TITLE COMPANY. A copy of the Mortgage and Note is attached as Exhibit "A". 16. As early as late 2009, Plaintiffs began suffering severe financial hardships as Plaintiff's retirement healthcare benefits were discontinued and due to physical health issues requiring surgery Plaintiff had to discontinue delivery business. Plaintiff Ms. Hertzier had her work hours reduced in mid 2009 in order to keep her job and healthcare coverage. Plaintiff's responsibly sought assistance with GMAC as they began to experience difficulties paying the mortgage, however while being assured that GMAC would be able to work with them they were met with solutions that were at best unreasonable or temporary. Plaintiffs overall monthly mortgage payments approximated to $1,200. After missing several mortgage payments Plaintiff's sought assistance from the National Mortgage Help Center and again contacted GMAC seeking help in modifying their loan. 17. On January 13, 2011 Defendant GMAC communicated to Plaintiffs via written letter enclosing a Non-HAMP Loan Modification Agreement. GMAC's Modification Agreement set out terms that included an interest rate of 5.0000% and pertained solely to Plaintiffs 2"d Mortgage. There was no mention of or accompanying paperwork to address Plaintiff's initial and financially burdensome Mortgage of $160,000. Thus Plaintiffs did not sign or agree to Defendant GMAC Loan Modification Agreement as said agreement did not present a financially feasible means for them to reduce their overall payments. 18. On or about March 25, 2011 subsequent to the signing of the Mortgage and Note, Mortgage Electronic Registration Systems, Inc, hereinafter "MERS" incorporated as nominee for HOMECOMINGS, in capacity of Assignor and holder of the Mortgage hereinafter mentioned executed and ratified an Assignment of Mortgage to U.S. Bank which was -5- Case ID: 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 designated the Trustee of RFMSI SERIES 2007-S9 TRUST. Consequently U.S. Bank became the Mortgagee of record and thus the creditor to Plaintiffs. Copy of the Assignment is attached hereto as Exhibit "B". 19. On or around the beginning of August, 2011 Plaintiffs through working with the U.S. Department of Housing and Urban Development (HUD) were able to come to a settlement on the 2"d Mortgage which involved them making a final payment of $3,000. While the settlement served to ultimately reduce their debt Plaintiff's were still in financial turmoil due to their inability to make their monthly payments on the I" mortgage. Defendant GMAC made no further communications or indications regarding modifications for Plaintiff expressed desire to modify and reduce payments on the remaining mortgage. As a result of their lack of advising or timely communication Plaintiffs were left in limbo and were in a state inaction. 20. On or around August 8, 2011 Plaintiffs received the first of what would be many notices from Defendants GMAC and U.S. Bank in what can be described as a tag team effort of harassment, unsettling threats of foreclosure, assurances that modifications were underway along with multiple requests for documents that were unnecessary and duplicitous and served as a delay tactic. 21. Defendants on August 8, 2011 sent to Plaintiffs a notice/attempt to collect the outstanding debt of the full amount due on the property. While the letter purported to allow Plaintiffs the courtesy to offer a written dispute to the validity of the debt, as this was not an express requirement Defendants just two days later on August 10, 2011 filed and served a Mortgage foreclosure Complaint against Plaintiffs. August 8, 2011 and attached hereto as Exhibit i0C". -6- Case ID: 1 22. Plaintiffs again promptly contacted GMAC in an attempt to negotiate a loan 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 modification pursuant to HAMP. Due to the recent financial hardships, loss in wages due to injury and inability to make the current mortgage payments Plaintiffs met all the requirements for the HAMP program and submitted a hardship letter attached hereto as Exhibit "D". 23. Defendants GMAC communicated with Plaintiffs via 3 separate letters in September making assurances that they would get back to plaintiffs within 20 days, assigning a Relationship Manager, assuring that the loan modification request was being processed and that upon qualifying Plaintiffs would be provided with "affordable" monthly payments on their mortgage loan for a trial period. However on October 5, 2011 GMAC denied Plaintiffs loan modification for the unfounded explanation that Plaintiffs "current monthly housing expense was less than or equal to 31 % of their gross monthly income," but assured that their account was in review for another workout. Then just two days later in a letter dated October 7, 2011 GMAC inexplicably and insensibly informed Plaintiffs that their recent loan modification request was being denied because their, "loan had been previously modified, unable to offer another modification,". The offered explanation was completely false as Plaintiffs had not at any time had their loan previously modified under HAMP, as such said letter amounted to yet another pretext and deceptive tactic by Defendant to delay the process and deny Plaintiffs request. Notably stated in almost all of the correspondence letters from GMAC was the statement that 'foreclosure would not be pursued and that Plaintiffs would not lose their homes' during the interim 30 day waiting periods. All aforementioned correspondence from GMAC dated September 21, 2011, September 22, 2011, October 5, 2011 and October 7, 2011 regarding extensions and denial of Plaintiffs loan modification, attached hereto as Exhibit "E". -7- Case ID: 12 24. As a result of GMAC's continued denial of loan modification program and failure 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to timely grant a HAMP modification, defendant U.S. Bank continued its foreclosure proceedings against Plaintiffs unabated, all in violations of the HAMP guidelines and protections against such. On September 21, 2011 and October 11, 2011 Plaintiffs were served with Notices of Default initiated by Defendant U.S. Bank for failure to assert defenses against the foreclosure complaint. On or around November 2, 2011 a,judgment was entered against Plaintiffs in the subject property. Plaintiffs have since received correspondence notices advising that Plaintiff's property has gone to Sheriffs sale scheduled for March 7, 2012. Correspondence letters and notices attached hereto as Exhibit "F". 25. While U.S. Bank was proceeding with their foreclosure action against Plaintiffs, Defendant GMAC maintained communications with Plaintiffs in the form of what turned out to be insincere representations that they continued to seek favorable HAMP modifications for Plaintiffs as their requests were being processed. GMAC continued to make repeated requests that Plaintiffs send the required documentation and assured that they were working diligently, only to once again wrongfully deny Plaintiffs a HAMP modification again citing the explanation that their current monthly housing expense was less than the 31% of their monthly income. Defendant GMAC's duplicitous and misleading conduct was perhaps most blatantly transparent when on December 7, 2011 they approved Plaintiffs for a TPP Agreement but stipulated that the amount of the 3 monthly payments would be $1,273.15. Despite the mandates of the HAMP program and the loan servicer's obligations to comply with said requirements in providing affordable and reduced loan payments, GMAC deliberately and routinely failed to adhere to these requirements. All aforementioned correspondence letters from GMAC dated -8- Case ID: 1202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 November 8, 2011, November 11, 2011, November 15, 2011 and December 7, 2011 hereto attached as Exhibit "G'. GENERAL ALLEGATIONS 26 Plaintiffs are informed and believe and herein allege that Defendants, and each of them engaged in Unfair Trade Practices and violated public policy protections for consumers through the purposeful ring the servicing, and during the foreclosure process, thus have caused detriment material misrepresentations and other wrongful conduct beginning with the initial attempts to thwart and hinder the loan modification approval process and resulting in continuing damage to plaintiffs financial and uneconomic wellbeing. 27. Plaintiffs are informed and believe and herein allege that Defendants, and/or their agents, employees, predecessors-in-interest, successors-in-interest, and/or co-conspirators engaged in unfair and deceptive dealings with regard to the withholding, inaccurate assessments and mishandling of documentation they requested and received from Plaintiffs in order to hinder and delay approvals for HAMP loan modifications, with the ultimate goal to circumvent the law and foreclose on Plaintiffs property. FIRST CAUSE OF ACTION Violation of the Pennsylvania Unfair Trade Practices and Consumer Protection, 73 P.S. § 201.2 (4)(11) and (W). (As against all Defendants) 28. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs 1 through 27. -9- Case ID: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. Plaintiff hereby asserts a claim against Defendants for violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (hereinafter referred to as "UTPCPL), 73 P.S. § 201-2 (4)(ii) and (xxi). 30. The UTPCPL 73 P.S. § 201-2 (4) defines "Unfair methods of competition" and "unfair or deceptive acts or practices" to mean pursuant to section (ii): "Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services"; Pursuant to section (xxi) the unfair or deceptive acts are defined as: "Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 31. Plaintiffs are "persons" as defined and construed under the UTPCPL. Defendants at all relevant times conducted "Trade" and "Commerce" within the meaning of the UTPCPL. 32. Plaintiffs herein allege that Defendants engaged in unscrupulous and unfair tactics that consisted of making deceptive misrepresentations to Plaintiffs that lead them to believe that they would be approved for HAMP modifications while simultaneously hindering and delaying the modification process and thereby facilitating a foreclosure against Plaintiffs property. 33. Representatives, agents and/or employees of Defendant GMAC repeatedly made ultimately false and duplicitous representations to Plaintiffs that they were working on their pending requests for assistance, that if Plaintiffs qualified they would be provided with "new, affordable monthly payments of their mortgage loan for a trial period", and that the timely payments during this trial period would result in a permanent modification. Defendant GMAC asserted that among the benefits of the promised permanent modification, Plaintiff would be able to 1) Bring their account current, and 2) Reduce the interest rate on their loan. 34. Defendant GMAC through its agents represented that Plaintiffs would be required -10- Case ID: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to submit all required financial information to facilitate the modification and repeatedly assured Plaintiffs that they "would not refer the account to foreclosure or conduct a foreclosure sale while it is being reviewed for HAMP". 35. Despite Plaintiffs compliance with Defendant GMAC's repeated requests for documentation and their proclamations that the foreclosure process would be stalled during the modification review, Defendant U.S. Bank continued to pursue foreclosure on Plaintiff's residence. Plaintiffs for a period of months simultaneously received deceptive notices from GMAC assuring that their HAMP modification requests were under reviewed and that no foreclosure action would be take place, followed by notices of default on the Mortgage instituted by U.S. Bank. 36. Plaintiffs allege that Defendants GMAC and U.S. Bank, and/or their agents, employees engaged in a calculated endeavor to make disingenuous attempts to assist Plaintiffs with manageable modifications to their mortgage payments. Defendan is as successors in interest to each other used mutually beneficial deceptive practices against Plaintiffs that violated the UTPCPL and were designed to avoid permanent loan modifications and thus increase likelihood that U.S. Bank would prevail in their foreclosure action. 37. Defendants' GMAC and U.S. Bank as Mortgage servicers who accepted millions in federal funds and loan guarantees as participants in HAMP, they are subject to mandatory directives to facilitate timely loan modifications which help at-risk homeowners avoid foreclosure. The HAMP guidelines create explicit rules and rigorous timelines for modification requests. Plaintiff alleges that Defendant GMAC purposely delayed Plaintiffs modification by stringing them along and issuing requests for more documents. 38. Plaintiffs argue that Defendant GMAC's October 5, 2011 and November 15, 2011 -11- Case ID: 12 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 denials of Plaintiffs loan modification requests was erroneous and due to a miscalculation by Defendant based on their required 31% majority vote required under the pooling and servicing agreement. 39. Advocates for Plaintiff at Consumer Protection Assistance Coalition ("CPAC") did in independent assessment and calculation using Plaintiff's financial documents and required information of the Net Present Value and determined that Plaintiff did in fact qualify for a housing payment adjustment/reduction to 31% of their monthly income. 40. Advocates CPAC also submitted their Net Present Value findings as well as a their own drafted and proposed modification agreement to Defendant GMAC in an attempt to I negotiate a cost effective modification that was both affordable for Plaintiffs and prudent for Defendants. Defendants however rejected the modification agreement proposal. 41. Defendant's actions set forth thus constitutes unconscionable commercial practices consisting of deceptive and ultimately confusing acts designed to mislead borrowers into believing they would be given permanent HAMP modifications upon successful submissions of required documents. 42. Plaintiffs were initially unaware of the transfer of Mortgage between Homecomings and U.S. Bank and have been subject to the very confusing and disconcerting position of on the one hand receiving assurance notices from GMAC that their HAMP loan modification requests were under review and that there would not be a foreclosure sale conducted during the interim, and on the other hand receiving phone calls and Notices of Default from trustee US Bank stating that they were at risk of losing their homes 43. Plaintiffs have suffered and been subject to losses of money, the threat of a sale of :heir property, increased interest and service fees, longer loan payoff times, damage to their -12- Case ID: 1 1 2 3 4 5 6 7 8 9 10 H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 credit, unaffordable payoff plans and expenses incurred to prevent foreclosure. 44. Defendant's actions and continued misrepresentations to Plaintiff were thus fraudulent, confusing and duplicitous and they ultimately misconstrued the legitimacy of their services to assist Plaintiffs in successfully achieving promised loan modifications. Plaintiffs are entitled to exemplary damages and a suspension of the pending foreclosure and sheriff *sale on I their property. SECOND CAUSE OF ACTION Breach of Contract! Duty of Good Faith and Fair Dealing (Against All Defendants) 45. Plaintiff repeats and re-alleges every allegation above as if set forth herein in full. 46. Defendants GMAC and U.S. Bank as recipients of millions of dollars in federal funds allocated to the Treasury for TARP were required by law to participate in HAMP and to assign said funds to thousands of at-risk homeowners to help them avoid foreclosure and "preserve homeownership." 12 U.S.C § 5201. 47. As recipients of said federal funds and participants in HAMP they are contractually bound to follow the requisite guidelines, procedures and directives when assessing and evaluating the loan modifications for any and all eligible at risk homeowners pursuant to the federally created Making Home Affordable ("MHA") initiative. 48. The mandates of the MHA and the guidelines for HAMP thus logically confer that any and all eligible homeowners and or borrowers who qualify are in fact the intended beneficiaries of the initiative and are entitled to the implicit fair and honest treatment from the Mortgage servicers. -13- Case ID: 1202 49. Plaintiff therefore assert that as intended beneficiaries based on their eligibility for 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAMP they were entitled to fair and just treatment in an agreement with Defendants who were bound by an implicit duty of good faith and fair dealing. Plaintiffs however allege that Defendants violated said duty through their as mentioned deceptive representations, delay tactics, and failure to comply with the specific mandates of the HAMP. 50. Plaintiffs allege that Defendant GMAC violated both the mandates of the HAMP program and their covenant of good faith and fair dealing by 1)repeatedly requesting that plaintiffs send the required documents over and over, 2)denying permanent HAMP modifications for reasons that that were entirely inaccurate and nothing more than a pretext to facilitate further delay, 3)after the aforementioned repeated delays, requests and denials, ultimately approving a Trial Period Plan ("TPP") for amounts that were wholly unreasonable and blatantly nonsensical in that they proposed that Plaintiffs make 3 payments that were in the exact amount of the monthly mortgage payments they were unable to make in the fast place. 51.On or around Dec 7, 2011 Defendant GMAC sent Plaintiffs said Agreement plan and proposed 3 payments in the amount of $1,273.15, promising that the "Lender" would agree to suspend foreclosure activity on the account provided Plaintiffs sign and return said agreement. See copy of Trial Period Plan contract attached as Exhibit "F". 52. Plaintiffs allege that said proposal was simply another tactic in Defendants duplicitous plan to fraudulently manipulate the HAMP process and pretend to present feasible solutions which were knowingly impractical. Under the HAMP guidelines once the "net present value" yields a positive outcome (i.e., the value of a performing modified loan exceeds the value of foreclosing on the property), the servicer is required to offer a TPP. 14 Case ID: 1202 53. The TPP consists of a three-month period in which the homeowner makes mortgage 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 payments based on adjusted loan terms derived from steps followed by the servicer under RAMP. 54. Defendants are well aware and logic dictates that the purpose of the TPP contract is to facilitate homeowner's ability to make reduced loan payments for the three month period, the success of which would allow for a seamless transition from the TPP to a permanent modification and thus a mutually beneficial solution for both parties. 55. Defendants by nature of their positions of the creditors on record and the mortgage servicers and the recipients of the very initial payments from Plaintiffs, were fully aware that the amounts of those payments were around $1,200. Thus Defendant's TPP proposal, which was granted after months of unnecessary repeated requests for documents from our clients, requests that were granted and followed unjust denials and further document requests by Defendants, amounted to a wholly unreasonable and impractical attempt that positioned Plaintiffs in the very same position they were in and which lead to the current litigation. Plaintiff as such did not sign the agreement, and submitted yet again their financial documents for yet another round of attempts at getting the deserved HAMP loan modification from Defendants 56. Defendants delay tactics and failure to negotiate fairly or comply with the mandates of RAMP was an unquestionable breach of their duty of good faith and fair dealing. Plaintiffs have suffered economically and been subject to increase fees, taxes due to Defendants unscrupulous delay tactics. Plaintiffs are entitled to exemplary damages and a suspension of the 'oreclosure and Sheriff sale on their property until further options for reasonable loan nodification are explored. -15- Case ID: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 57. Defendant's wrongful conduct, unless and until restrained by order of this court, will cause great irreparable injury to Plaintiff as the value of the residence has declined under the foreclosure and threat of Trustee sale. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants and each of them on all causes of actions as follows: AS TO THE FIRST CAUSE OF ACTION FOR VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW: 1. For an injunction enjoining any further foreclosure proceedings; 2. In the alternative, for a special damage award according to proof, for costs and expenses incurred as a result of Defendants' wrongful actions, amount to be proven at trial; 3. For such other and further relief as the court deems just and proper. I AS TO THE SECOND CAUSE OF ACTION FOR BREACH OF CONTRACT/ DUTY OF GOOD FAITH AND FAIR DEALING: 1. For granting of a feasible Temporary Payment Plan amount; 2. For reasonable attorneys' fees and costs of suit, additional amounts proven at trial; 3. For such other and further relief as the court deems just and proper. Dated: March 1, 2012 CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE) A Not For Profit Legal Clinic By: Paul Elcock, Esq. Attorneys for Plaintiff TERRY HERTZLER and CHRISTINE HERTZLER 16- Case ID: 1 COUNTY OF PHILADELPHIA COMMONWEALTH OF PENNSYLVANIA CATION 1, Terry Hertzler, being duly sworn to law, hereby state that I am the Plaintiff and I am authorized to make this Verification and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 1sl Terry Hertzler Plaintiffs Case ID: 120204064 COUNTY OF PHILADELPHIA COMMONWEALTH OF PENNSYLVANIA VE WICATION I, Christine Hertzler, being duty sworn to law, hereby state that I am the Plaintiff and I am authorized to make this Verification and that the facts set forth in the foregoing Complaint are true and correct to the best o: my knowledge, information and belief. 1s\ v , 4I- Christine Hertzler Plaintiffs Case ID: 120204064 EXHIBIT "A" Case ID: 120204064 zIM" i;F ,r,FEf ) IM MY 17 RIB 9 3 Pr rWW BY: Homecomings Financial 9 Sylvan Nay, Suite 310 Parsippany, NJ 07054 Return To: Homecomings Financial One Meridian Crossing, Ste. 100 Minneapolis MN 55423 Loan Uumbo: 047 4&Un4 Pmmd Number: APN #1: 42-31-2153-111 ARK #a : ' Premises: 2706 EAST RDSEGMEN BOULEVARD MECHANICSBURG, PA 17055 Ppm Abore W* 1.iw For Rwarft Hera] MORTGAGE DBFVATMNS MIN 100062604738437203 Words used in mWilple sections of this docWam are donned below and other words, an ddkw in Sectioss 3, 11, 13, 18, 20 and 21. CKWn rule: regarding the tine of words used in thls document are also provided in Section 16. (A) "8ecurhy bobu >ent" rneaas this docurnew. which l dated MAY 10TH, 2007 togedwr with all Riders to Ws document. (B) "Borrower" is TERRY L HERTZLRR AND CHRISTINE M KERTZLER Borrower is the mortgagor under this Security Instnaneot. (C) "ltiWW is Mortgage Bledmndc R;egWradon Systems, Inc. MFRS is a separate cocporatiaa that is wft molly me a nowbee for Iffier and Larder's sucessmors sod swops, IMg= is the nwrWg" rosier this Sessa* butruowod. MBR,S is orpabed and exle ft under the laws of Demme, amid hss an addan and tudepbone number of P.O. Box 2026,14W MI 4SSt11-2026. tel. (SW 679-MMS. POWYLVANA - atope Funny - ftnde eta NVa dAa Use tMerFO M NMUMDff W11M 1408 4ft4",A) wft a! Fenn 3029 1101 16WPA7M (09Ii00N / 0474344372-0 vMr Moit"p? 5*Af00b kW t'a+• ON I992PG2418 02/09/2012 11:14:00 AM CUMBERLAND COUNTY h46( 4)Wg2 , Q4064 M "Lander" is HOMMOMINt18 FIIwcrAL, LLC (F/K/A H0macomING8 FINANCIAL NS'MRK, INC. ) Lender is a LINIITSD LIABILITY COMPANY organized and existing tinder the laws of DM ANARB Lender's eddem Is 9 BXLVAN WAY, SUITS 100 PARSIPPANY, Nat 07054 09 "Nefa" means the promissory rate signed by Borrower and dated mAY 10TH, 2007 The NOW slated that Borrower owes Lender ONB HUMDRSD SIXTY THOUSAND AND NO/100 Dollars (U.S. $ 160, 000.00 ) plus intem. Borrower has promised to pay this debt in replar p+etiodic Paymems asd to pay tbedebt in 60 not titer titan JuNs 28T, 2037 (F) 'Ttvp"* mew fate property that is dmdbed below under the beading 'Transfer of Right in the Ampedy", (0) "Loan" means the debt evidenced by the Note. plus interest, say pneMment charge: and late charges due under tba Note, and all nuns due under this Security hwromeat, plus interest. (IQ "Iitdees" mans all Riders to this Security Iau mment that are executed by Borrower. 't'he following Riders are to be executed by Borrower [cheer box as applicable]: A*Wble Rate Rider P Condominium Rider Second Home Rider DO= Rider Pin=ed Unit Developtaem Rider 1.4 Family Rider HVA Rider Biaakiy Payment Rider other(t) [Specify) (1) "Appilable Law" means all controlling applicable federal, state and local statutes, vagnimions, ordLsaacea and adminhUMve rules and otdeas (MM have the effect of law) as well as all'appli le firms, judiclai opinions. (? A Doer, Pont and Amemsontr" means all duca, fns, assessments and other dt qp that are imposed on Borrower or the Property by a condominium association, homeowners assodmion or similar off. (10 Wit: Finds Tnadrr" means any transfter of Nods, other than a n originated by check, draft, or similar paper lmtrument, which is inidated through an decubal , leleplw>W lasaument. computer. or noagaetic tape to as to order, irtstntct, or authorize a linaacial l0 debit or credit an seoount. Such Cann includes. but IS not limited 1% point-oPWo hunf3rs. aautometed teller machlae traaN Wars, transfers Initiated by telephone, wine transfers. and automated clearinghouse Mahn. (W "baoow Most" means those IWO that era dgpibed in Section 3. AM "lffiWeei4aaetrr P oeseW means tn?y lion. SetdemM. award of damages, or prcOCads paid by any third pstgy (outer that Lnusaaoe patcae paid under the aovereges described In Sbcdoa S) for: {i) dams& to, or deatnnetion of, the Property: (10 eondeamdoa or other taking of all or any pant of the Property; a ca?vayanoe is lieu of ?; or (iv) m?kptrpresentad of, or omiWim as to, the value and/or eandhim of the Property. M -1910e IMMIZIMM" MM= im mom protecting Lender against the nonpayment of, or delituit on, the LAM. (0) "Pacf & PsgrM=V roeaa4 thece?ttlardy scdoduled smonnt due for (1) principal and interest under the Note, plus (ii) say amounts under Section 3 of this Sectrity Instrument. at-eAtPA1 Nwna, PON 2 N IO Fomt 3030 1101 ??'+?I?? WPA7770 (0911006) 1 047-384372-0 8KI992PG2419 02IM012 11:14:00 AM CUMBM AND COUNTY h Mi. @* ftiW--P&WWQ4064 10 9UOPA" me the R*d B*18 Sett WUmt Pmcedutaa Act (12 U.S.C. Section tlsne +dafloa X ¢4 C.F.R p 2691 a uq.) and its or Uwe"" hoin to in 06 3eptclq? Ittt unus k RUPAlr?tlan or as O" PvN the be dtae used ro a ' 'pert to all tetpibomm * and "ft In wed ken JUWA- a loan' mu it the Loss does uot.qua>l fedemilily', t+eaatd (Q) "8lsooatrotr In raterert of Botti+awer" tOEaiis not that patty has aatamed Borrower's sal' ! * taken dtte to ty uwm , ta'rhether or obligatotu ttoda the IQhtt a Nnd/or this Stxur; TRAMM OF RXIMS IN THE PROPERTY mTMIodi t "cum to L=br: (1) the reps a"m of *a Loan, and all nowsk, GOORkm of the &M* hNNUMM and do 0' rAd 01) the P toe of Borrower': caVEtMatt and ftm attainder and mm (NY u Qa noe Note. For this pu"w,BO""r does ?y tinder this for Leader and Leaders s9oo?;ttora and asstPu) wad ' to >l the ? atoand CONVOY to and Mig= Of bWS, the following datorlbed pmpe,ty Watod in the ne .Wk") of Cul+)BBRLWD COtA1TY Legal description attached hereto and made a part h*reo ? : which aattoatly bas the addtatt of 9706 BAST ROSBGUMM BOCILWjnM t?SCMUICSBUjta ("Property Address'): (Ct0')- Feansylwmia 17055 Ism"] tZtPCone? TOffBnm wrm an the i'W"MG tt sow or hD eaBer emoted on the Calsomm P addW. tettatloet, sod fixtunj new of haft a pn of the Iropmy. All iny, sad alt a12 a? be covffed by this 3emdy lothuateaa. All of tM md Is in to 0ttament m the 'Ptopetty.' Bonoww ? wd qopu thta to d this ?ed by Borrower In this S=d Iuuam? Q Cwtom ? (at nowhiw for bender and mW4"W to ?' aids law tle all of thoto h>le ta, ttteitsd but Lehr s suaowots std" aa{S?st)) rim to extxcge any rtot Hnditd to, the? to tbraebrs aed on t5e Ulm OW mdoft requirta Of Le er hniudit . but not iimlted to. Weal y: and to lubmid. ?S and caitoelnttg Ihfs Saceflty t f tsA(PA) mmoi P"634118 ?" . 1- 4 ? MBtA7770(n9V1pp6) J Oi7,"4372-0 drn,rll Form 9089 1101 1il992PG2420 v-vw2012 11:14.%AM ---` - CUMBERLAND COUNTY tit.#Qagw"-14JQ?04064 BORROWHR COVENANTS that Wrower is iawldily selsod of the estate htmby eatvayed sod has the right to te01tsep, gtani and convey die Propeaty and that the Property Is tinenctimbeved, amp for enciunbraum of record. Som.wer warannts and will d* W visually the title to die Pn"W agahtst an claims and demands, object to any ononmbances of record. TMS SBCURITY INSTRUMM cooabinee unftm covenants for nsaionsi use nod non-unitbcm covenants with limited variations by jurisdiction to constitute a nmiforin seeority t animdat covering real proP'erty. UNIPORM COVENANTS. 90nower and Vender covenant and iiam as follows: 1. P1q?Mmt of PxLncipot, b le", )farrow I"=, P mpaymaat Clio M and Lou Charles. Sorrowatr shell pay when due the p b*Jpd of. ad interest on, the debt evideaood by die Now and any pqwymaot eherpea and late Chu" due under the Note. BonYower sW Who pay flsift for Bscrow hem pura mgt to Section 3. Psysa tts due under do Nate end this Sea sty Instrument d a be mob in u.& a macy. However. If any dwk or other inatnunetit received by Leader as payment wader the Note or this Security Imtrumout is mussed to Lender unpaid, Lender may ragWra that any or all subsequent payments due under the Note and this Security Inshument be roads in one or more of the foltciwtgg foams, as salwW by Lealar: (a) cash-, (b) money oiler; (c) candid efteclc, book check, water's check or cashier's cheek, provided any suds check is dawn upon an institution whose deposits are Imaued by a hderai a itcy, isshuseapfity, or esitity; or (d) Hlectroisk Funds Transfer. Payment are deemed reoetYed by Leader when received at die location deftented in the Note or at etch other locidon as m W be dwipmed by launder In accordance with the thodeet provisions in Section 13. Lender may rokum any payment or pd W payment if the payment or partial p Wmenta are insefadot to bring die Loam ausent. Lander may saw achy payment or pudal payment imsdWout to, bring the Loan cauetm. wbbout waiver of any r4* herowder or paMloe to its dgit to refuse such payount or partial 10 mew In the fiftm but Leander Is mot obligated to apply such pg oonts at the time such payments are accepted. If eadn Periodic Payment Is applied as of its schocitrled due dale. then I.amdsk aced not pay intact on u aloled Awds. Lender may hold PA uaepplied bads mill Dom war mobs ply nW to bring the Loan curaw. N Borrower dam not do so within a reaomt ble puled of date. Leader shall eider apply such !leads or Mom them to Dwower. If not applied eadkr, weh }Bads will be applied to the outstanding pdoeipol balance under the Note immedhtely prior to bredosure. No othet or claim which Borrower might have now or in the fawn against Lander "I relieve Borrower from maid" payments dUe under the Note and this Security Inshumeat or performing the covenants and agreemeitct seatred by tide Secndty Itutnmaent. 2. AppUoallon of Psiym its or Proceeds. Hxoept as otherwise described in this Sectioa 2. all payments a c*M cad applied by Leader shalt be applied in the iblbwimg order of Priority: (it ahterest due under the Nob; (b) pflac#W due under tho Note (e) amounts cline under Section 3. Bach phipmaenta shalt be applied to each Periodic Payment In the order In which It became due. Any remalaft amounts doff be chipped first to late ch Sse, mood to any other amour a due wader this Seatrity #W ument, and then to reduce the p iz%W balance of the Note. If Leader aeoelves a• poymeat horn Doc wen, flw a ddbaquent Periodic plume which irnchhdea a suMoleat amount to pay any hie dwge duo, the p4ymant may be applied to the delingumt payment and the hie clsarga. If mom diets one Pedodie Payment Is WJ"Wdbg, Leader main apply my p4iftut received Reno Borrower to the repayotent of the Parfodie Payinaits If, and to the extent thst, each psynimt t%-aA(M?aea)oi " Pon. ? of to WPA77700/ 000 1 047,3x4372-0 font 3038 1101 RKI992PG2421 0270912012 11:14:00 AM CUMBERLAND COUNTY mg); V)i aJAV94064 can be paid in full. To the extent that any excess axial after the payment is applied to the full payment of one or mom Periodic Payments. such excess tray be applied to say lace charges due. Vohnta y prepayments: shell be applied tint to any repayment singes and than as described in the Moto. Any spp{le»don of payments, insurance proceeds. Of Miscellaneous proceeds to p**d due under the Nola dolt not extend or pollpone the due date, or charge die amount, of the Palo& t gaeata. 3. >9nads for Room Items. Borrower seen pay to Lander on the day Periodic Payments am due under the Now, small the Note L pfd In fall, a am {the 'Funds'} to provide for psym m of adanunra due ter: (a) taxes and assessments and other items which can attain prie ft over this Securty Instrument as a lion or encumb mce on the Property; (b) leasehold inymeuts or Sw nd rents on the ph>r ems for BAY ens all instmmoe required by I.endtr under section 3: and (d) Via' insurance Fnaulums, it any, or any am payable by Bornmer to Lender in tied of the payment of Mortgage hmurmos pwaahman In a cwdanee with the provisions of Seddon 10. These item are called wisserow Items.' At OdSluallon or at any time during the tarn of ire Loan, Lender may require that COmmuaity Anodom Duet, Fan, awl Amenments, it any, be eserawad by Borrower, and suchl dues, faea and ash :ball be an Esciuw Item. Borrower dudil Promptly f naM to Lander all =do" of amounts to paid under this Section. Borrower doff pay Leader the Fw& for Escrow items unit# header waives Borrower's obliption to pay the Plods Rw say or all Escrow Items. Inter may wawa Borrower's obligation to pay to Leader Rndd for any or all Escrow Tams at nay time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly. wheaand where payable, the amounts due for any Becrow stem for which payment of Punds has been waived by Lender and, if Lander requires, B all fiamish a oto Leader receipts evidencing such payment within such time period as Lander may require. soda m sumac sub paymem and to provide seceipp tall for all ptaposes be ,dewaod to be a covenant and agreement contained In this Security bwlrumead, as the phran Ooove not and agreement• Is used in Section 9. If Borrower is obligated to pay Barrow henna directly. Puy to a waiver, anal Borrower faits to pay the amount due for as Bsetow Item, Leander may exercise its rights under Section 9 and pay such nw mt and Bomwer shall then be OWIVed under Section 9 in repay to Leader any such amovat. Lender may revoloa toe waiver as to any or all Escrow hems at any time by a notice given in aecordem with 3ectian 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are don required under this Section 3. Leader nay. at any time, collect and hold Funds In an amount (a) sufficient to permit Leader to apply rho Funds at the time gwAfled under RWA, and (b) not to exceed the maximum amount a lender can require under RBSPA. Lender shelf estimate On amount of Funds due on tin bawls of cones data and reasonable "mates of expenditures of suture Escrow Items or otherwlse In accordance with Applicable Law. The Funds shall be held in an institution whole deposits are insured by a fadad agency. InstrdmedhRty. or entity (Including Leader, if Lender is as bodfu ion whose deposits are so insured) or In Say Federal Home Loan Bade. Leader shag apply the Rands to pay the Escrow seems no Iste r than the time specified under RWA. LaMar sill not charge Borer for bolding and app! yang the Fends, annually aualyzisg do escrow account, or verifying toe Barrow Items. "a Lander pays Borrower interest on the Ftmds and Applic" Law permits Leader to mate such a charge. Unless an ? is meds in w . . or Applicable Law requires interest to be paid on the Funds. Larder shalt not be agreement nquired to pay Donvw any Interest or oamings on the Rends. Borrower and Leader can agree in writing, however, that ;nterest Paw a et re Fwm 3030 1/01 MMA7770 MMM / 047.384372.0 D11I992PG2422 02009/201211:14:00AM CUMBERLAND COUNTY instalt7'o 97164agW 4064 siail be paid on do Hands. Lender shall give to Borrower, without thatgo, an at=oll &Wmntiag of the Funds a rooted by REVA. If there is a surplus of Punds held in aorow, as dawned under RWA, Lender ,shall a cmunt to Borrowers for the Mass !haft in aeeotdsnce with REVA. If there is a shone of Funds; held in aeeaw, AS dented under RBSPA. Leander Shalt nollfy Borrower sa ro oted by AMA. sad Boraaoiwa *dl psy to Lender the aatount necessary to wham up the shortage is aoootdaata with ROSPA, but in so more than 12 taotWtly P meats. If there is a de tlmcy of Funds held in eectow, as defined under REVA, [.,ender ahatl notify Burma as requited by RBSPA, and Borrower shall psy to Ltmder the amount socessery to make up die defide nq in wAftdanoe with RBSPA, but in no more than 12 nouthly payments. Upon pyr=es[ in full of all toms scatted by this Security Instrwunt, Lender shill promptly refold to Borrower sxW P lands held by Leader. 4. Cfsmargest Lilem Borrower shall pay all taxes, assessments. charges, lines, end impoeliions Wrlbutable to do Prop" Which an attain priority over this Seoority Instrument, lood d6d psya wo or grow d rents an the Property, if any, tad Coataaaoulty Association Dues, bees, and Assessn"ets, if any. To rho extant dot these harm are Beerow Rant=, Borrower malt pay theta in the roper provtdsd is 3" m 3. Borrower gall ptomptly dtaschaarape [lair lien which has pdorhlr ova this Security Isounr salt unless Borrower: (y a gins in writing to the payment of d a obligesion secured by the lien in a manner acceptable to Leader, but only so long n Borrower is performing such agpouneat; (b) s the lift in good faith by, or deknds ayainax mWorcement of die lien In, UeSd proooedhW which in Lender's opkalon openue to prevent the enfoSmmnat of dw lien while those proceedings are pa aft, but only until such proceeahags are concluded; or (e) secutva from the holder of the lien sa agseement aaddkemy to Leader wbordi ellrsg the 1102 to this 8txatrlty Iasttument. If Lender dotennines that any prat of the Pmpaty is m*jw to a ibs Which can 4WD priority over Us 3xw tg mama ent, Leader may Siva Borrower a notice ideaa"ft flea lien. Within 10 days of the date on which [bet notice is given, Borrower awl aedsfy the lien of Calm one or more of do attioass set forth above in this Section 4. Lend may reaporae ltomower to pay a one-time rdrsrp for a net astata tax veritlaWon "Nor reporting smviae used by Leader in connection wild this Loam. S. properly Im m mes. Borrower shall iamW the improvements now existing or hweeft argil on the Property hared age ost cos: by five, bunk inthtded Widda fire term 'extended covetalle,- and any other hoards Including. but not IWtod to, artiaqua = and floods, for which Lendacr m pira laser arm. This hrsurrmoe aha11 be maimdaiood In tbo anowts (including dodtttdtoe leveb) tad for then periods oast Lender mom. What Leader ngaota punusnt to the pasttedltlg andenors can claw during the terms of the Loan. The Insuttuace carrier providing the Imureaee shalt be chosen by Borrower surest to Lender's right to dbWmvo Borrower's choice, which right adult not be exercised unrsasoaa*. Leader nny require Borrower to pay, In connection wilt this Loan. eidter: (a) a onbdme ehatp for flood zone detarmimtlon, certification end tacking services; or (b) a omdme chap Oar flood wale detetminWW and callftation services and ssbseWa dWrgaea cull time M=W18p or simlar c m*w occur which reusorably might affect such dotetmination or cartiticetloa. Borman steall go be regrgmsibk for the payrneru of any fees Imposed by Ate Pelletal Bmeigeaoy Memspraeot Agency in connection with the review of any flood nano determintlima molting from an objection by Borrower. 4"PAt aosou.os pop s of to NWA7770 091M6 / 047-384372-0 8K 1992PG2423 Mtuta ?-y„??S d4ftk Far 3018 1101 02/OW012 11:14..00 AM CUMBERLAND COUNTY tnyt.?T1? Pa t?' 064 If Borrower fills to aaaintAin MW of tin: covactages described Above, Lsoder may obtain insurance coverage, At Leader's option and Borrower's expanse. Leader is nailer no oblipdon eo parebass airy pardeutu type or amonm of coverge. Theretrore. such eovemp "I cover Leader. but MWS or Rd& not protect Borramr, Borrower's equity in the property. Of tits ooatents of die Property. Maim any rlsk, haauurd or A* ft and might provide grader or laser wvmpe don wall peavlously in fix. Aaawa aelaaowhx>pss riot tie coat of die iasumumm eovmape so obtained migftt sligal&w ly exoad tie coat of insurance debt Bm war could have obtained. Any ammo ate Murmd by Deader under tits SGWM S Bhail become additional debt of Borrower sammul by dris SecudW Int. These wovnts shah bar iatsrest at tie Note taco ahem the due of dWkwsemg ad data be payAbte, with swA interact, .open notice from Deader to Borrower requoke pgya em. All insurance policies required by Lader sad ranewtls of such policies shall be sublet to Leader's A& 10 dis"Mm Pith policies, shall Include a standard mm"p clause. and :hail %a Leader as mortgagee and/or as an additional loss payee. Leader shall have the right to hold the policies and nmwal cartiQeita. 9 Lower requitr s. Borrower shell prompdy give to Lender aR mccipts of pass pneadu ms and renewal notices. If Borrower obtains soy form of iaauanoo cavearlge, not otherwise rapped by lender, for damage to, or destruction of, the PropiaAy, such policy shall include a standard mortgage clause and shall name leader as nwtpagee and/or as an additional foes payee. In ties event of loss, Borrower shill give prompt notice to die insurance curler and Lender. Leader my mate proof of loss If not made promptly by Borrower. uniew Leader and gorrower odhetvniso agree in wrWog, asy lwxum proceeds, whaler or not the rmdai$ring la mm nce was r+equirnd by leader, mall be Applied to restoration or repair of do Property, If the mKoradcn or repair is wonmk&* haft and Leader's mrmlty Is not keemred. Daft such np•Ic and reuaadon period. Leader shall bcve the Tlght to hold such ioomme proceeds until Leader has had an opportunity to Inapoet mreb property to easum de work bar base cosopleted to Leader's nM . provided tint nth mgmWiwh shall be uif?i Wm promptly. Lender may disbum proceeds for de repairs ad reatondort in A slsagle pgyme yt or in a series of pmgrsa pgmawa as the work 1s computed. Umbel an 060100 00t 18 made in writing or Applicable Law requires interest to be paid on such iraerrautoe proceed. Lender shall not be retphired to pay Bwmwer any interest or earnings on such proceeds. Pass for public mUmamai, or other third per, woad by Borrower edema not be paid out of the Wa win a proceeds ad :beta be the Bob oWipation of Borrower. If the Alskmadon or repair Is not a ommically feasible or Leader's security would be lessened, the lawrance proceeds dadl be applied to the sums smired by tau Security %wa mrt, whether or not than due. with the excess. if any, paid to Borrower. Such insurance proceeds dams be applied in the order provided Ibr in Section 3. if Borrower abaadoaa tha Pwpaty. Leader may jue, mwtim end settle any available lnauranoe claim and related mown. 9 Borrower does not respond wlddn 30 dgs to a notice from Landes that the '=Be nas cattier b" offued to Bettie A claim, then lAWw navy 8090110110 and settle do claim. The 30-ft period wM begirt when the notice is glvesr. In either event. or if Leader mom the property under Section 22 or ederwim, Darrow bumby rtsdgas to Leader (s) Borrower's d ns to any incatsnoe proceeds in an sum um not 10 exceed the amounts unpaid under to mew or alas 990wity lastrumm, sad (b) any odw of Aonowec'a dSM (odes tbw de right a nay rdlmd of unearned pmo*m paid by Bomwe) rmdw ail hmeaee policies eoverlng the Property, %wht as such rWft are to o t oavarage of tie Protect'. Lander matt' use the Insurance pmeeeda eigttr to repair or restore ft nr lay mounts unpaid under the Note or this Security Iasbuaaeitt, wheel r or not then due. 4ft4A(PA) w6m.01 701's km C-111- Fen 09 1101 MPPA7770 016) / 047$3724 i1 OK! 992PG2424 021OW2012 mmooAM CUMBERLAND COUNTY w1t 0 TiOW?p,;Q?r1'1064 6.000t POW. Boroewee dials occupy, estabiiah, and use the property as Borrower's principal residence within 60 days alltr the exaurion of this Security Instnmseut and sluts continuo to occupy aloe Properly as Borrower's principal resideaoc for at least one year after the ante of occupancy, unless mender oWe Wn agroes In writing, which consent shall not be unreasonably withboM. or unless extenuating citaunstanoee exist which an beyond Borrower's control. 7. Pkeso adon, Mabdom um mg Protection of the Property; Inspections. Botroww shall not destroy. dmage or impair the property, allow the Fropeny to detorbrate or conmot waste on the, Property. Whether or not Borrower Is m1dios in the property. Borrower ell nainwo die Property in odor to prey the Property from deteriorating or deesecslog in value due to its omWition. Unless it is defined pusamot to SwAom S that repdr or misontbtt is not economically feasible, Borrower dull promptly repair the Property if damned to avoid Affdwr deft ion ion or damage. If tasunco or couilornmation proceeds ate pdd In emsecdon with diump to. or the taking of, the Property. Borrower shall be responsible for tepskb g or rests tt= the Property only if Lnsder has released prroceeds for such ptuposes, Looder nW disburse proceeds for ore repairs and tosior;ation in a sftk paymeM or In a series of progress psymeats as the work is completed. N the Insuvance or condammadort proceeds on not m0ciom to repok or towns the Property. Borrower Is not relieved of Borrower's obligation for die completion of such repair or restoration. Lendw or its agent may make reasonable entries upon and Inspocdom of the Property. If it has reasonable cacao, Lender may inspect the Irmior of the hepnovamerts on the Property. I order shill give Borrower notice at the time of or prior to such an interior iaepecti0n egm*itg suet reasonable camas. S. Horrowe is Loan Appikation. Borrower shall be in debult If, doming the Doan application process, Borrower or any persons or entities acting at the direction of Borrower or psi Borrower's tdaowledge or Consent save materially false. enislerdhtg. or inaCenrate ins 0111 110n Of ataA001012 to Lender (or failed to provide Lender with material lnforam km) in connection' with the Lone. Me Wes represemisdom include, but woe not lhnited to, sopmealations concerning Sorrower's occupancy of the Property as Borro'wer's pdnokw msidence. 9.1h aft-dae of lender's Intariat in dra Prttpeq aW Aioo Under tlih Se redly Inet unmet, if (a) BOrr&m hlls to podban the 0oyeents and syroee nu conab ed In this Security kwi0amL (b) them is a lmd pmosedittg that nd* sisnificamdy Affbct Lender's bisasaea In the property anwor r tinder this Security left ment (such as a proca dins in bm*niptay, probate, for wrdamnsaion or tortliure. for eaknoem m of a lien which may attain priority over this SeWrky Inettnmet or to ddorce laws or regulations). or (e) Bormwor has abandoned the Property. then IrendCS may do and pay for whatever is reasonable or appropriate to protect bender's interert in the property and is under able Security Instruamois. leatudisg protecting and/or ass w tg the value of the Property and socuring and/or the Property. Larder's actions can hmdude, but ate not Hotrod to: (a) paying my sums speared byalien whldr has priority over this Security bA mment. (b) appearigg in court and (c) lee reasonable attorneys' than to protect Its Interest in the Property and/or rights under this Security Ina, inchtdimg its secured position In a bomlaupky promedimg. Securing the Property Inchtdes, but is' not timtimd to. eaterieg the Property to cabs sepals, change locb, ropaco or bond up door and windows, drain water from pipes. dbdom building or other code vle mkm or dmgK ms condkkm. and hays udihift turned on or off Alm Leader may take action under this Section 9, Lender does not have to do so and is mat ender any duty or obligation to do so. it is agreed shat Lender incurs no liability for not ticking may of all actions and iced under this Section 9. "two: f t1AtPA) rosvy o, rp oe ea , Form 9090 1101 MPPA7M (0912006) 1047 X14"2.0 OKI992PG2425 0210912012 11:14:00 AM CUMBERLAND COUNTY fns ?i ; p ,Q?Q?O64 Anp amounts disbursed by mender wider this Section 4 shat! bexwme atiditiolal debt of Borrower secured by? this Set AWty Instrument. Those amounts shall bear ingest at the Note rate tram the data of ci tburaenisttt and shall be payable, with such Interest, upon notice from Leader to Borrower requesting POYARM• If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lesse, Lendw If Borrower acquires fee dde to the Property, the leasehold and the fee tlUe "I not marga unless In writing. 14. V hisurance. If Lender required Mortgage Insutaaea as a eondidoo of malting the loan. Borrower dM ptgr the premiums required to malt ak go Iiatiranee In offset. If, for any reason, Use M I9aaranee covettip required by Ltadar ceases available barn The insister that provided such insurance and Borrower wu required to MOW separately toward the pmadums for Uartgage Imam, Borrower shall the payments coverage substantially ogaivale t to the INFAI a ?y In elfaxt, at a cost sto obtain ubstantially equivalent to the cost to l3orrownsr of rise h*UMn w previously In effect, Imn an alternate mor imam selected by Leader. If s bstantially egWWast Mor%W Insurance coverage is not avai , Borrower shalt continue to pay to Leader the asaomt of the separately designated that were due when the insurance Coverage ceased to be In effect. Lewder will accept, use OA town payments as a now elim"e loss mum in lien of Moapp Insurance. Such lop timm shell be ton•mAsadable, notwidwMing the fact Ilan the Lam Is ttldt Wyly paid in flrll, and Leader shelf not be required to pay Bow any Interest or earnings on adt toss reserve. Lewder can no "On Ion room payments if Morxgrgas houreace coverage (in the mom ad for rho period ihat?er regttim) provided b an kumw strfoeted by Lender again beau m avdlable. Is obtained. and Lender requires toward the premiums for Mortgage hourartte. If Leader Mortgage In?wurarice as a condition, of making the Loan and Borrower was required to matte spa payments toward the premiums for MOOSW hnum ace, Borrower shall pay the premiums ?to maintain Horqw Insurance in effect, or to provide a non-reflmdabie Ion re?va. U0011 a hnrgtrirdaseat faillm" Im moce ends in accordance with any written agreement between Borrower and Lamer providing for each termination or until termination Is requited by Applicable Law. Nothing in this Secdon 10 affects Borrower's obIhPA rt to pry, interest at the rate provie4d In the Note. MOM W a Leader (or any entity butt purchases the Note) for certain lopes it MAY M AY incu Borrower does not repay the Lam as agreed. Borrower is not a party to the Mortgage Inalm. Mortgage insurers evaluate dieir total risk on all such insaraw in tone from time to time, and may enter Into agmaments with other patties that show or modify their risk. or redace losses. Tbw agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or partiss) to these agreemem. 7kW eveemew may requite the mottBtge insurer to mate payments wig ashy source of funds that the mortgage insurer may have available (which aray Include flmds obtained ham Mortgage insurance premiums). As a result of these MIS, I.enoltx. any purchaser of the Note, another insurer, any winsurer, any other entity, or any of any of the fomgolttg, may receive (dImcft or indbudy) amounts that derive from (or naigltt be chaffed as) a portion of Borrower's payments for Ietartpges JAPAR ce. In exchange for Abu* or modifying the mortgage insurer's risk, or reducing lopes. If agrocmeat provides k n the 1Insurer. 010 Of thIJWft e haloes a sham of the framer's deft In exchup ? for a share of the (a) Asy mich agreassents w2l me Whet the awswft no sm.9war Fwamr. has qpved to pay for Mortgap z armak or any ether terms of f>ye Loan, ft & sareaments will net Increase flit amaount 1knower Will see for lldortame ba area, and OW will not snthia Iftwowear to my a nd. 44•AAIPAIeao mi wurc r.a s or 1s form 3089 1101 MFPA9770 (09/20ee) / 047.3"37Z* `''"/? O[I992PG2426 0210912012 11:14:00 AM cUMBERI atra ce)UMTY Case ID: 120204064 1141.9 200716716 - Page 9 of 17 (b) Aw Such agrsaouota will sot aftedt the ruts Borrroeac has - if any . x to the faaes<wACr wader the Honoeowaeers Ptoleetka Acct of 1991 or smyother hw. 7 MW hWb1ft the rift to Zemke Wkht 411061GO ve, to raequO sad obtain of the o of Iaaarfaaea, to bleve the Me"Im Lwa,eaoe lets ad awaENdles ,? to r+tolYn a say Mortgage hmmuce pmeahmag that mete em um d at the tires of cancelladoa or A=oaanl assigned it. to termilaim dun be paid Psoosedsi Yoddtare. All Miaoelluneous Proceeds are hereby K the is damaged, such Miscellaneous Proceeds SW be smelled to natorgatioa or repair of tree Property V. restoration orropa is ecommip?t fi &le and Lender's security is not inuenod. 17atia>s such reptdr and restoration period, header arhW have the right to hold such Misce neotu Proceeds until Leader has had sa aoppppoorr to impact sacb Pup" to ensure the work has boss completed to Lender's ss?hcdon. providedihu?such invecdon shall be underielm prontody. Lendotl easy Pay for the repairs and restoration In a sigak drab wato nt or in a series of pwgress paymentsi as the work is completed. Usk" an agteemeot IS made IA wrift or Applic" Law requites Interest to be pad an such Irliaoellaneoua Proceeds, Leander " not be ISTAnd to pay Borrower an Intemat or praidgs on such Mlscahl own Proceeds. If the restomloa or Is sot economically TdrdbDe or Lendsrls security would be lessened, the h indlnteous fteceds shall applW to the suers secured by ads SpaidtF bmirumm, whether or not then doe, with the exams, if any, paid to Borrower. Such Miscellaneous Otoraeds shall be applied In the odder provided for in Section 2. In the event of a total taking, destruction, or last in value of the Pr. the Mindienoous Pmcoeds bull be *Oied to the sums secured by ibis Security Inctrument. wbcffw -or nor then due. with the exams. If &W, paid to Borrower. In the even of a partial taking, destruction, or Ioss in value of the property in which the fair market value of the Property lammediatety bWhre the partial tdkhrg, destruction, or Iota in vahap is " to or guarder teen the aaemunt of the hums named by this Sbauity betnument immediately befe the partial taking, dastruedon. or loss in vales, anion Borrower sod I.endar otherwise ague in wtlti?, the sums named by 06 Seculty Itatrumeat doll be reduced by the amount of the Ihii? Proceeds mud WW by the falbwhrg frwion: (a) toe OW amount of die mm secured Immediately before foe PEW MUD& deecactioa, or roes in vslne divided by (b) the fair market value Of the Property immedldia o* 60 bdbo do partial UWW, deunwdon, or loss in value. Any balance doll be )a W to Borrower. value of tha Property ?i? destraction. or loss the In value of the , or OT 10g Aces r in watch the fair nmtet amount of ton suers secured immedisidy beibteWild a • mar' in value is has the Bottom and Leader otherwise ? MUM. des<rhutlass. or loss in veins, unless agree is writes, the Miseelianeines Proceeds shall be applied to the sauna sesasred by this Sbauity Imttument whedaar or not the sums an then due. If to Property is abmdoned by Borrow r, or if, after notice by Lender to Bolrnweer that the Oppotlag Party (as defined in the next selrtcace) offers to make an award to settle a i= Bor newer hila to respond to Lender within 30 days after On date the notice is given. ? Is i? to COIWA and apply the Misceilanaw Proceeds rifler to WOW= or repair of the of to the sums named by this SeadW houument, whether or not then due. "t3ppo? p". third party that owns Borrower Miscellaneous Proceeds or the party again whom Borrower has a d9m of action in retard to I?+ beeileamm Proceeds. Borrower soil be In dda t if any a* = or proceeding, Wtugher clvli or criminal. Is bWn Interest In judgment, wN result in fot*kmn of fee Property or other material lmpsi>'t a* La??r? Property wader this qty Isrmument. Borrower can cure such a defautt and, if acceleration has occurred, to as provided in Section 19. by cahuing the action or proceeding to be ft-"VAI 0e0e1.01 av, +" W.. 'qx? 100r,a Form 3039 1/01 KWA7770 (09rAW 1047 WS72.0 RK 1992PG2421 02MM012 11:14:00AM CUMBERLAND COUNN Wa,,s ID: 120204064 Instlr 2 7t8 15 - Page 1o of 17 dismissed with a ruling that. In bender's )tdSment, precludes Lorttiture of the Property or otter model Impairment of Lender's Interest in the Property or rights under We security hwau meat. The pmeseds of any award or china fbr damages that are attributable to the impairment of Lender's interest in Property are hereby assigned and shall be paM to Lender. All Miscellaneous proceeds tint am not applied to restoration or repair of the Property shall be applied in the order proyWed for in 3eotiott 2. M Donmrtr Not Messed; Forbearance By Larder Not a Wafsm. Extension of the time for paynsatt or mod doadon of amogimdon of the am scowed by We Security Inim menu avoed by I.soder to Boma m or Sty Succes or in hue" of Borrower shill not operate to redetae the i of Borrower or any Mcaaors in Laerest of Borrower. Leader shall not be re" to commence pxn? M. AedisP agaimt any Successor in Interest of Borrower or to reihse to eXlatd time for payment or otherwise modify amp of the sums segued by this SdtanW hmm meat by man of ail demand by dre Borrower at any Successors in hissrea of Borrower. AxW fbrbearnme by Lander in ex?g any or remedy indhtting, without Muldnton, Lsnder't of PMJMW from third PmMW snafu of Successors In bet erma of Borrower or in amounts t the amount then due, shalt not be a waiver of or preclude the eared" of arty tight or remedy. i3. Joho std Sword Lbm ty= Co? 1 Smo mtew and An*w Bound. Borrower covenants and agrees thatBorrowers obilptions slax be joi nt and n"ml. Nowever, aq Borrower who eo4lgn8 this Security Instrument but does not execute the Note (a *co-siper7: (a) is, oo-signiag 9" Security Instrument only to mo grant and convey the cosigner's interest in the P u Riody nder the ter ms of this Secadty Iastmmnent; ) Is not personally obl4psed to pp y to swot aeduredmy Is Sstsreity Lastrument; and (o) agrees thtt I?eocler aid any oiler Bonower can agree to extend, Modify, forbear or Judos any accommodations with regard to the terms of this security last uassm or the Note without the co-signer's consent. Subject to the provision: of Section 18, any Successor In hwxsL of Borrower who assumes Borrower's oft tiom under this Security In mment in wdtimg, and Is approved by Lender, than obtain all of Borrower's rWW ad bodes under this Secorky hat rameot. Borrower shall not be released from Borrower's obligations and liability under this Security Instromm unless Lender agrees to suds release in writing. The covenants ad sgremoots of this Sea* Instrument shall bind (except as provided in Section 2)A beraflt the successors and amps of Lander. 14. 4hmMes. Leader my charge Borrower Lena for services performed in connection with Bon+owees debark, for *a of undoes mitred In the Properly and rightt under this Socurlty Ire etas, i ndudl, absence rot al fob . OWN", iieet. enperty iraspecdon and vah " hes. In In nSasd any other f otter not be he o axprose vahodq in 9; Y imttrum to CbmW a specific ft so Borrower fees than = expresser red b this P ? on the cbarging of a" fee. Uniformly not ld no u the Lola e by Security Instn umm or by Applieable Law. subject to a law white, sets maximum loan cdhargee, and that law is finally interpreted so that the interest er other73 collected or to be collected in connection with tie Roan exceed the Permitted limits, than: ban charge dmdl be reduced by the amount necesmuy to reduce the Chef s 0 the x?isi dUW W any Wma already Collected frarn Borrower which exuded permitted owed under the Note or auald a direct pi treeve to to Bo rrrogo awer. this if a a refund by mdueisrg the by n8 resduoer principal, the reduction will be treated as a parted prepayment without shy ptepaymm cberp (wh or not a prepayment chimp is provided for under the Note). Borrower's of MW such rblimd nods by ding payment to Boanawer will conatitnte a waiver of any right of action might have arift out of such overabsillo. 16. Ne notices given by Borrower or Leader in connection with this Security kwnwwt must bo in writing. Any notice to Borrower in connection with this security Instrument shall be damned to waw:? Ift-eAtr'Ai105"01 vq. t a ?e fy_ , Roan 3029 4101 M"A7M (o9j20061 1 047-384972-0 841992PG2428 02MM012 11:14:00 AM CUMBERLAND COUNTY jrnt.;sG" - 9=194064 have been Siven to Borrower when nodded by first class aaall or who amorally dedivaW to Borrower's notice addtwa If sag by odor means. Notice to any one Borrower shill constitute notice qe alt Borrowers union Applicable Law expressly requires otherwise. The active address shall be the papacy Aderas unlsss Borrower has designated a substidne notice addrm by notice to Lender. Borroww dealt promptly noft leader of Borrower's clasp of addsess. If Lender gwffiu a pwce&m f r roportimS Borrower's boVM address, then Dormer shall only report a chap of address through fiat specified procedure. may be only one d esigoated notice address under this 9aceaity 1aeRrMOM at eery one time. Any notice to Lender aMit be given by doliveriap It or by mdliap it by first class mail to Loader's address stated heron union Lender has designated another addrests by notice to Borrower. Any notice in connection wiih this Socusky instrument sW net be deemed to have been given to Leader until actually received by L alder. If any notice requited by )his Soauity h m melt is also requited under Appplp?icable Law, tM AppMeablo Law regnlramu will satisfy the cortdeepoodlag trquirement under this Security 16. Govesadrgd Law; Soverabdft Rote of Construction. This Sammy lhmhtr somm abdl be governed by hdoad law and the law of the jurisdiction in which die Preprty is located. All rigbct and obli0ions contained In this Seined lastrunsent arc subject to any requirements anal' boas of Applicable Law. Applicable Yaw t y or implicitly ai m lbe patties to agree tri eonttaet of it m be AkM but such silance 1 nott emmsttued as a pmbbktm nth PWA agramn eat coeaaot. In the event that say provision or clause of obis Soc u w losawroat or the Note vonfilm with Applicable Law, such conflict aludl not *&a other provislons of this Security Irntnumat or the Nate which can be given affect without the codtHkting provisbo, As used in ells Stealthy I mmant: (a) wamd: of tM mssatiiae goader shall raw ad include rtoutex words or words of eM faminke Vader, (b) words In the singular OWI mean end thep natal and vice versa: and (c) the word .may. gives sole discretion without any obligolime to edoa aabn. Baser mWs copy. Harrower shall be Sian one oopy of Wee Note and of this Secuoty lnettummt. 18. 'IYamehr of the Pt qm y or a Bsaafiieil h*uvd Is Bostnaa w. As used in 06 9edion 1s, "Istarost In the Ptepony" mama any I*d or bettefieid intasast In tee Propesty, iacetdlag, but ant limited to, those beneficial interests traaelermd In a bond for dad, contract for dead, iwWlaaent s?iw contract or escrow op oom m. cite intent of wthM is the trades of tills by Borrower at a future dens to s< pu>7cbssor. 1f ail or any part of the or nay Imateat in the Pseupery IS Sold er UMdWed (Or if Borrowa Is not a natural person and a= latered In Borrower Is acid or treutafrrrod) without'Lasdee'a prior written consem, Lender may require immediate pnyaneas in fall of all mm sacaudhd by Ob Socarby Instruteent. HOwam, this option slhahI not be eXerE;taed by Leader if such exercise is prohibited by Appda6le Law. If Lender exercises this option, Lander dull give Borrower notice of aooekmkm. TMe notice shudl provide a of not toss than 30 dqs from do date the notice is given in avcordsom wtitb Section 15 within whBorrower mutt pay all aihm secured by thin Security Instrument. If Borg faun to pay these sum prior to the explMion of this period, Le aft mq InvaM any remedies p"mitted by this Sac Indent without farther a0m or demand on Sommer. 2Basa+awrr's Right to xdmddo Alec Acedwallm, If Borrower meats condo conditions, Borrower shad have the d2k to have eeatf netment of his Security Ynshuunrtat discontinued atas?y time prior to the earliest of: (a) Ave days be9ue sole of Nee Aopetty to any of sda oootabesd in this Security Tastrtutrent: (b) such other period as AppSatbie:tight 4VWXY the iiaraaiASdmh Of Bormwees right to miaadate; or (o) entry of a Judgment edlbrclag dds Security Wit. Those ootdbtieso me Nutt Borrower: (a) pays Lanier aH salts which term would be due twda ells security Instrument and the Note as if no acceleration had oceurmd: (b) cards my doWt of any other covaunts or kwd,: 4%~A) MIM0h Pao. 1291 If ? Fern, 8039 1101 MPPA?M (09)2006) / 047-384!73-0 OK 1992PG2429 02!09!2012 11:14A0 AM CMBERuwD courtrr inst. 4.) 43P;x}4064 speanents: (e) pays all expenses inewrod in atforoing this Security Interment, it clwding, but not limited to, reasoslble attorneys' fees, PWPgdy impecdon and vahadon floes. and other ran incurred for the purpose of prabNing Leader's hftrW In the and rights under this Security 1mrr;nment; and (d) trios sock acdoa as Raider may reasonably Zr assw+s dot Lm dWs IateW in do Property and rights under dents Security bukumtent. sad Borrower's obtlliadon to pay the suns secured by this Security Iramun tt. shall coal= urwhard. Deader may nodes that Borrower pay such toinstament sums and enpemes in one or more of die followim him. as selected by Lam: (a) cash; (b) moray order; (c) cadfled dwk, bank check, traauua is cdneek at eashkr's dm*, provided any such check Is chows vpon an imdbldoi when deposits are Insured by a fbderd agency. l dky or eudty; or (d) Blecoanic Poods Trm r. Upon rteioftemeat by Borrower. this Swwft housseat and oWlgartW* secured hereby shall remain A* etibcdve as If no acceleration had occurred. However, this right to mhoalft shad not apply in the case ofacceleration ruder Section 18. 24L Sob of Noel Chmep edLous Slarvicor, Notion of GrIewasm The Note or a psrlbtl interest In the Note (together with this Security histrOmeso tan be ON One or mote times w prior nolke to Borrower. A sale mhg)nt result in a chop in the aatity (known as due "Lain Servioet') that collects Pledodle Payments due under the Note and We Settril y Ira womeet and performs other mortgage loan servicing obilpdons under the Note, this Son* Inwuaooot, and Applhc aMe Law. There don might be one or more: ch&W of the Loan 3ervicer undated to a sate of die Note. If dote is a cht$p of due Loan Swim, Borrower will be given written notice of she chop which will state do rums mW addesss of the new Loan Servieer, the address to which pmymants mhodd be made and any other Information RBSPA rewires In cot metdioi with a aodca of ttmsitt of servicing. V the Note is sold and thare0ar the Loam Is sorviced by a Loan Servicer other then the purchaser of des Now, the mortW loan servibing obNptions to Bormwer will remain with the Loan Servloer or be tru sfeend to a successor Loan 3erMieer and an not amatned by the Notre p abaser unless olha wke provided by the !Ease pmt. Neither Borrow nor Lemur noy cumamenee, ,join, or be joined to atyr judicial action (a either an b dividoal IMipm or the member of a dm) that arises frera the ocher party's actiOm to this Saarity btsttvenert or drat allege dot the odw party has breached any provision of. or wW duty owed by malaWn of, We Security lnshmmat, midi such Donooweer or lender has nodded ft other ?srq? (wkb ascent nodes Sim is compliance with tbs regaisamaata Of Sserdat 13) of Well dyed brew e?rd afforded the officer pally bents a teasouble period aftr the giving of such notice to take corrective action. If Ada Law IpwAdes a dm period which must elapse befbre ea[lain action on be Wm. that time period will be deemed to be tawneble fbr purposes of We parsSugh. The nods of stederatloa and oppmb mfg to sue given to Borrower pumm to Section 22 and the notice of aceauradon given to Borrower pursuant to Section 19 shall be deemed to satisfy the notice and opportunity to tale corrective action provisions of this Section 20. 21. Basawdoua Substances. As used in this Section 21: (a) Maurdwas Strbam w' are those sabsunces defined as tome or has dour rAda ces, pollutants, or wastes by $nvlronm e0al Law and the following substances; gasoilm. brown. other flammable or toxic pahoh m prodaEs.toaic paslicdes and betbiddes, volatile solvents, materials conWelog asbestos at formatddmyde. and radioactive materials; (b) 'Boviroam stun Law" mesas hderd laws and laws of due jwbdlc m whose time Pwpartfy is loaned that rains to bealtb, aunty of mvimnmftW prncediew (c) '1360h umns td Cleanup` includes aW ngxa se action, reuedlal WdOn, or removd action, as defined in aWk*MSRW Law; and (d) an 'BavllO MMW Condition' macs a condition that can cause, contribute to, or otherwise trigger an Bw4fonmentsl Cleanup. Maki 4%4AtPAI IO W"i pop is at cs `-^ 4ftk MPPA7"0 0=0 1047 SU372-0 RK-1992PGZ430 Foam 9089 1101 02/09/2012 11:t4:o0AM CUMeERLANDCOUNTY InaUP' nun "43ir?i4064 tram: , 4ft-GA(PA) gsaos?.or Pa" 14 at 16 " Form 3028 1101 WIPA7770 MMOO / 047-M372-0 M-f 992PG243*1 0?/09/2a12 11:14:00 AM CUMBERLAND COUNTY inaG 3b?1167i - pag ??P.A r064 BY SIOMNG BROW. Bormwor accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower aid reomded with It. Witnesses: L (Cat) -Bot?Orvet _ (sue) -Bt,W"W - (SW) (Seat) -Sotm er -NMW~ (Seat) (&W) -Bmrowcr -Borrows ft-UM, an"s pot ISO t0 Fam 3039 1101 NWA7770 (09I]O @ 1 047-3845-MO RK-! 9.92PG2432 a. 02!0912017 11:14:00 AM CUMBEMAWO COUNTY IMLS na om - Pam 5 0117 `? ` (3eat> -Bormtr?r TERRY HRRTZLBR -Bctmwar CHRISTINE M HBRTZLRR . COMMONWEALTH OF PIi2lI OYLVAM A, ? ? e •'r? on this, the 1,0 VA day of W uadeuiped officer, Persona!?Y +?Ipmvd v TERRY L NBRTELER AND CHRIETIHE H jMRTeLER cminty m: 2007. before ate, the known to me (or sadefutoft Perm) to be the person(s) whose name(s) Islam tsebwdbW to the within instnuunt and acimowkdpd that he/sha/titey executed the same for the purposes herein conahw. RAF Wr MBW WHBWK I heteuato act my Maud and ofI•iciel scat. My Commission Expires: VANtA -OF kyCOweMsbtldflltts0us.?7,>aD10 +? ? Ata}ocWlon a Wanes IL 14 the coereo adetrssr- f'?f ?'t'Gt t nq To . do hereby certify that the within-armed MoIUMa Is II!!0. Box 2026, Flint, MI 48501-2026. Wituess my bead this /0 A day of ? A-tt- 2007. -"IPA)ptcifAl h" If of If /j?_ ? I?Ofm8089 1/01 MM7770 (OW2M 1 047 3MM-0 ditk IN 1992PG2433 02AM2012 1114:00AM CLOME I.AWCOUNTY ee?II?: 120204064 -• tier i 2 71 age 1e of 17 FIRST AMERICAN TITLE INSURANCE CO. Co- ni Number: HER12-07 SCHEDULE C PROPERTY DESCRIPTION Ttq: rferfe d to In this Commitment Is described as folows: ALL s CERTAIN house and tot of ground situate In Upper Allen Township, Cumberland County, Per tia, more particularly bounded and described as follows. to wit: BE( I.- G at a point In the eastern line of Rosegarden Boulevard (East). which sold point Is M the division line bets -!-f A Nos. 3 and 4 on the herekya% msntloned platy of tots; thence extending along the d[vislon tine bett• : = t As Nos. 3 and 4 on sold plan, South 74 degrees 26 mkwtes 33 seconds East ,1 4.00 feat 1o a point in the . >> •:1 dedicated rlOt of way line of a public township road (T-821); thence extending] Wong the western dedt 11h ofway line of sold public township road (T-621), Soucy 16 degrees 34 minutes 27 eeoonds West, 78.C."111 .) a point at comer of Lot No. Son the herehteilter ma nloned Plan of km: thence enrteraing Hong the divisa c ti I 3 between Lots No. 4 wrd 6 on sold play, North 74 degrees 26 minutes 33 seoar!jds West,134.0 feet to a pu nt ie eastern Wo of Rosegarden Boulevard (Fasts aforementioned; thence extending aorp in eastern line egarden Boulevard (East), North 15 degrees 34 minutes 27 seconds East, 78.0 last to a point In the divi-c on I : a between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots. aforenvuMoned, at the point and 'w: of BEGINNING. BEII iG L , No. 4, Block G on the Plan of Section 2 of Rosegarden, which said plan is recorded In Plan Book 28. peg( I4• Cumberland County Records. HAVING n•nereon erected a single family ranch type dwoling with two car garage known and numbered as 2706 rose3;yrc•::1 Boulevard. 1 Certify this to he recorded In Qmberlan(' "aunty PA Recorder of Deeds ALTA Char !•.Iff" sche:W 81•1 9-92PG2434 0iER12-07.PFW*R12.0T/3) - 02/MQt2 11:1440 AM CUMBERLAND COUNTY mete &WJ-9 seg9;04064 NOTE MAY 10TH, 2007 CAMP HILL PENNSYLVANIA (icityl I•Intel 2706 EAST ROSWARDEN BOULRVARD, MECHANICSBURG, PA 17055 Ips"Wny Address) t. BORROWER'S PROMISE TO PAY In retum for a two that I have received, I promise to pay U.S. $ 160, 000.00 (this amount is called 'Principal"), plus interest, to the order of the Lender. The Lender Is HOMECOMINGS FINANCIAL, LLC (F/K/A R014WOMINGS FINANCIAL NETWORK, INC.) I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called do 'Hole Holder." 2. INTEREST Interest will be charged on unpaid principal until the full arneum of Principal has been paid. I will pay interest at a yearly rate of 6.1250 %. The interest rate raluked by this Section 2 is the rate I will pay both before and after any default described in Section 6(9) of this We. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will ante my monthly payment on the FIRST day of each morals beg€nning on JULY 1ST, 2007 I will make time payments every month until I have paid all of die principal and interest and any other charges descrihed below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled dire date and wIN be applied to interest before Principal. If, on JUNE IST, 2037 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will nuke my monthly payments at 9 SYLVAN NAY, SUITE 100, PARSIPPANY, NJ 07059 at at a different place if required by the Note Holder. (B) Anmat of Monthly Payments My monthly payment will be in the amount of U.S. $ 972.18 4. BORROWER'S RIGIiT TO PREPAY I have the rg?tt 10 nww payments of Principal at arty time before they are due. A payment of Princi ai only is known as a "Prepaymat.' When I make a Prepayment. I will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment If I have not made all the monthly ps due under the Note. I may snake a ftdl Prepayment or partial Prepayments without paying a Prepay ncnt charge. The Note Holder will use my Prepayments to reduce the amount of Pducipal that 1 owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or In the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single FamilyFannle MaelFleddle Mae UNIFORM INSTRUMENT Form 3200 1101 Welters Kluwer Firanclal Servtca, ?Mz VMP®-liN 407o71.e1 Pay" tot 3 016is: N "090S4 mize0ah 1047 JM:172.0 Case ID: 120204064 S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan char So, is finally interpreted so that the interest or other van charges collected or to be collected in connection with this loan e:tceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) arty sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make chit refund by reducing the Principal 1 owe under this Nate or by malting a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of eery monlidy payment by the and of is calendar days after the date it is due. I will pay a tw charge to the Note Holder. The amount of the charge will be s . oa % my overdue payment of principal and interest. I will pay this late charge proinptly but only once on each late of payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am In default, the Note Holder may send the a written notice telling me that if 1 do not pay the overdue amount by a certain data, She Note Holder may require me to pay immediately site full amount of Principal which his not been paid and all the interest teat I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other meats. (D) No Waiver By Note Holder liven if, at a time when I ant in default. the Note Holder does not require me to pay immediately in full as described above, the Note Holder will stilt have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid bade by the for all of its ovals and expenses in enforcing this Note to the extent not prohibited by applicable law. Time expenses include, for example, reasonable atlohmys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class =0 to me at the Property Address above or at a different address if I give the Note Holder a notice of sty different address. Any notice that most be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBUGAT7t31MS OF P$RSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully awd personally obligated to keep all of the promises made in this Note, including the promise to pay the furl amount owed. Any person who is a guaramor, surety or endorser of this Note is also Obligated to do these things. Any person who tales over these obligations, including the obligations of a guarantor, surety or endorser of this Note, Is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of ms together. This meatus that any one of us may be required to pay all of the amounts owed under this Note. 9. tVAIVM I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 'Pretaatrnent' means the right to require the Note Holder to demand payment of amounts due. Wodlce of Dishonor' meats the right to require the Note Holder to give notice to other persons that amounts due have not been paid. VhV a-6M monad YrCOM" Ppe 2-13 Form 3200 1/01 NlI1w00pfOg4fg73-0 Case ID: 120204064 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Now, a Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. Thai Security Instrument describes how and under what conditions I my be required to make hmrnediate payment in full of all amounts I ogre under this Note. Sane of time conditions am described as follows: If all or any part of the Property or any Long her the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may sequin immedhte payment in tilt of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if a nh exercise is prohibited by Applicable Law. If !:ender exercises this option, Lender shall give Borrower notice of aecderation. Tire notice shall provide a period of not less than 30 days from the data the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fail; to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Scal) TERRY L HBRTZLER -801re1V er -(Seal) -Borrower (Seal) .Borrower _(seal) -Honower CHRISTINE M HERTZLER ._(Seal) -Borrower ,(Seal) -Borrower -Borrower -Bmmwrcr (sign Original Only) VMPa-bN Hornet uFftPoS< 1=x00 r err-384372-0 ray. s or 3 Form 3200 1101 Case ID: 120204064 EXHIBIT "B" Case ID: 120204064 A&4IQ MRlVT OF OR WAGE KNOW ALL MEN BY THBS$ PRESEMI'8 that MWrfPP 11setroye Rmisiraden Systems, for. hemise er Aaeiper the holder of the Mastlege berotmfW nteadotuA for and In consideration of Oo sum of ON6 DOLLAR (SIA% Iswfid roomy unto it in hand paid by U.S. BANK NATIONAL ASSOCIATION AS A TRt4T1 Z FOR RFMS1200759, " Assllese," the receipt whereof is siclow ledrd, has parsod, barpined, sold, atslgaed, tramknvd and set ova unto the said AssiSnee, its successors and wipe, ALL THAT ailiRIN Indenture of given and executed by CNN"= M. HERTZLER ad TERRY L. KKRTZM W MORTGAGE E?R(OC RBGI$IRATION SYMMS, INCORPORATED AS A Nouffeft FOR HOMECOltt1D1G$ nigAWAL, LLC OWA HOMECOMINGS FINANCIAL NVrWOAK, INCJj boathts the date 01/1af1007, in the amount of 3160,OORO . aid Moro W being recorded on 03H71MO7 In the County of CUMt3BRt.AND, Commonweahh of PatmytvWs, in Mortgsp Beek 1992 Pare 24116 MIN: 1000126.04731437202. Belal Known as Premises. 2706 EAST ROSBGARDYN BOULEVARD, MECHAN"BURGi PA 178 SM09 Paeel No: 42-31-2153-111 The bud" Of the morgalW and ao¢otnp lift dghts was elfbatire at the time the ban was sold and consideration Pumd b the A111181M. This aselgamettt ht solely intended to describe the instrument sold in a manner auPlloient to put thud parties on public notice of what has been sold. Together with all Rilbta. Remedies and Imidents thereunto belonging. And all Its Rot, Titles, Interest, Property, Claim and Demand, in and to the same. TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the bmWitantmts and unites granted and asdpM, or mentioned and intsedod so to be, with the appumtmucas unto Asslitme, its suc ossms sad esslSoe, to and for its only proper use, benefit and behoof Wtevsr; subject, aeverthelese, to the equity of robmptbn of said Mortgagor in the said Indenture of Mortgage named, and hWherhheir hairs srd assigns therein. IN WITi!IH$S WHBRBOF, the said fitly executed by its proper ,??eaigdand YWred Athc pr?sd of us; • y = , . ` state elf'. t Pt;><lnsy?lvania oil,- of M?IontgowpO Assipw has caused its *rahn Seal to be herein affixed and theta p,osetua to otRoas this ? day of iN?cif J 20, it . Mortgage Rgktmdm Systems, Iae. C, B. NOW TIMOM Title; VICE PfWd4mt this d of 1140.,rC Yl . 20 ii , before au, the subscriber. persoaaiiy wire aeknowlodged himlhWraeif to be the appearld •,3i„ems of Mortgage f3laaronio Rellpratlon Systems, Inc., and that h"WA as such being authorized to do a% executed the baring instrtmmmtamit for rho purposes a n ' IN WITNESS WHEREOF, I ha u do sot my hand and official teal. IWEARIALSILAL t * A. •eswast, A bhq PAk Stampr&d Up ff W&TWA vtatlgOOStlr ft* nsfy Public Odow 1 2013 The precise address of the within named ARsr recordial return to: Assign o ice; Phelan Halltaan & Scluntel, LLP 1100 VIRGINIA DRIVE, P.O. BOX $306 1617 dFK Boulevard, Suite 1400 FORT W IN N, PA 140344 One Penn Center Plana Document Execution By;. LJV% PkNadelphhy PA 14103 PITS 0 2652% 4$?Assfji% 02MWO12 12:28:25 PM CUMBERLAND COUNTY 1n i"-- QsrY-At 064 ALL THAT CERTAIN house and lot of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit:BEGINNING at a point in the eastern line of Rosegarden Boulevard (East), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lotst thence extending along the division line between Lots Nos. 3 and 4 on said plan, South 74 degrees 25 minutes 33 seconds East, 134.00 feet to a point in the western dedicated right of way :line of a public township road (T-621); thence extending along the western dedicated right of way line of said public township road (T-621), South 15 degrees 34 minutes 27 seconds hest, 78.0 feet to a point at corner of Lot No. 5 on the hereinafter mentioned Plan of lotsl thence extending along the division line between Lots No. 4 and 5 on said plan, North 74 degrees 25 minutes 33 seconds West, 134.0 feet to a point in the eastern line of Rosegarden Boulevard (East), aforementioned; thence extending along the eastern line of Rosegarden Boulevard (East), North 15 degrees 34 minutes 27 seconds East, 78.0 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots, aforementioned, at the point and Place of BEGINNING.BEING LOT N0. 4, BLOCK G on the Plan of Section 2 of Rosegarden, which said plan is recorded in Plan Book 28, page 141, Cumberland County records.HAVII+G THEREON BRBCTED A single family ranch type dwelling with two car garage known and numbered as 2706 Rosegarden Boulevard.BBING THE SANE PREMISES which Bobby E. Hurley, single man by Deed dated January 25, 1990 and recorded in Cumberland County Recorder of Deeds Office in Deed Book K, volume 34, page 674, granted and conveyed unto Yong Sun Hurley, single woman, the Grantor herain.FURTHER UNDER AND SUBJECT TO THE restrictions and conditions of prior record as shown in Deed Book M, Volume 27, page 497. 02IM2012 12:29:25 PM CUMBERLAND COUNTY "Q os14Q64 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Iwtrument Number - 201112906 Recorded On WMI I At W19:17 AM * InWament Type - ASSIGNMENT OF MORTGAGE Invoice Number - W99 User ID - KW * Mortgapr - RKRTZLEIt, TERRY L * Mor4ppe - RFMSI 200759 * Customer - PHELAN HALLINAN & SCHMIEG UP *MS STATE VRIT TAX $0.50 STATE JC8/ACCE88 TO $23.50 0MIC& RECORDING FXES - $11.50 R=CORDER OF DEEDS PAP42L CERTIFICATYON $10.00 I= COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FRE $3.00 TOTAL PAID $50.50 * Tow Page: - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RRC01WER Of DAMS ' - tntorinatios denoted by as asterisk may change during the verification proem and may not be reflected on this page. r C 0210 12012 12=15 PM Case ID: 120204064 CUMBERLAND COUNTY kWh 201112908 - Pape 3 of 3 EXHIBIT Case ID: 120204064 PHELAN HALLINAN & SCE WEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Fax: 215-568-7616 August 8, 2011 TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 RE: GMAC MORTGAGE, LLC, AS SUCCESSOR IN INTEREST TO HOMECOMINGS FINANCIAL, LLC, 2706 EAST ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 Dear Sir or Madam, Please be advised that this notice is being sent to you pursuant to the requirements of Federal law. Phelan Hallinan and Schmieg, LLP is a debt collector attempting to collect a debt. Any information we obtain may be used for that purpose. If you have previously received a discharge in bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. Under Pennsylvania law, a state court foreclosure action is in rem only, meaning against the property, rather than for a personal money judgment. The amount of the debt as of 02/11/2011 is as follows: Principal Balance $155,639.38 Interest $3,464.93 10/01/2010 throug}: 02/11/2011 Late Charges $148.20 Property Inspections/Property Preservation $67.50 Appraisal/Brokers Price Opinion $83.00 Subtotal $159,403.01 Escrow Credit ' ($24$•51) TOTAL $159,154.50 Interest and other items will continue to accrue. If you would like to pay the debt, please call our firm's Foreclosure Resolution Department at 215-320-0007, x1230 or by email to fcresolution@fedphe.com for an up to date quote. Your original creditor was MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC (I+/K/A HOMECOMINGS FINANCIAL NETWORK, INC.), 9 SYLVAN WAY, SUITE 100, PARSIPPANY, NJ 07054. The mortgagee of record is U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9. They are your creditor. Your Mortgage Servicing Company is GMAC MORTGAGE, LLC, AS SUCCESSOR IN INTEREST TO HOMECOMINGS FINANCIAL, LLC. 'Phelan Haff1w k Sd mleg is a PA LhOW 1.1"Ity Pam a Mp Phalan Hdrnan & Sdmkg PC Is a New hasy Professional CogwatW Case ID: 120204064 Unless you dispute the validity of the debt or any portion thereof within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our firm. If you notify our office in writing within thirty (30) days after receipt of this notice that the debt or any portion thereof is disputed, we will obtain and provide you with verification of the debt by mail. The law does not require us to wait until the end of the thirty (30) day period following first contact with you before commencing a foreclosure action. Accordingly, a separate complaint in foreclosure may be filed and served on you. Even though the law requires a response within twenty days of service of the complaint, a judgment will not be entered against you for a period of thirty days after service of the complaint to assure your opportunity to dispute the validity of the debt. 1 n, ui Francis S. Hallinan, B?uire Dggnniel G. Schmieg, Esquire Achele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R Dunn, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Case ID: 120204064 PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 Fax: 215-568-7616 August 8, 2011 CHRISTINE M. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 RE: GMAC MORTGAGE, LLC, AS SUCCESSOR IN INTEREST TO HOMECOMINGS FINANCIAL, LLC, 2706 EAST ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 Dear Sir or Madam, Please be advised that this notice is being sent to you pursuant to the requirements of Federal law. Phelan Hallinan and Schmieg, LLP is a debt collector attempting to collect a debt. Any information we obtain may be used for that purpose. If you have previously received a discharge in bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. Under Pennsylvania law, a state court foreclosure action is in rem only, meaning against the property, rather than for a personal money judgment. The amount of the debt as of 02/11/2011 is as follows: Principal Balance $155,639.38 Interest $3,464.93 10101/2010 through 02/11/2011 Late Charges $148.20 Property Inspections/Property Preservation $67.50 Appraisal/Brokers Price Opinion $83.00 Subtotal $159,403.01 Escrow Credit 48, 1 'T'OTAL $1599154,50 Interest and other items will continue to accrue. If you would like to pay the debt, please call our firm's Foreclosure Resolution Department at 215-320-0007, x 1230 or by email to fcresolutionefedphe.com for an up to date quote. Your original creditor was MORTGAGE ELECTRONIC REGISTRATION( SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC.), 9 SYLVAN WAY, SUITE 100, PARSIPPANY, NJ 07054. The mortgagee of record is U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9. They are your creditor. Your Mortgage Servicing Company is GMAC MORTGAGE, LLC, AS SUCCESSOR IN INTEREST TO HOMECOMINGS FINANCIAL, LLC. •Phcian Hwlimn & Schmieg Is a PA Limited Liability Pwuwn lp PWm HWlhm dt SChm og PC is a New kisey Professional Corporation Case ID: 120204064 Unless you dispute the validity of the debt or any portion thereof within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our firm. If you notify our office in writing within thirty (30) days after receipt of this notice that the debt or any portion thereof is disputed, we will obtain and provide you with verification of the debt by mail, The law does not require us to wait until the end of the thirty (30) day period following first contact with you before commencing a foreclosure action. Accordingly, a separate complaint in foreclosure may be filed and served on you. Even though the law requires a response within twenty days of service of the complaint, a judgment will not be entered against you for a period of thirty days after service of the complaint to assure your opportunity to dispute the validity of the debt. TrulLO, a Esquire Francis S. Hallinan, Esquire D el G. Schmieg, Esquire Achele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivaek, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Case ID: 120204064 Phelan Hallinan 8t Sehmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. ShalWani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courteney R. Dunn, Esq., Id. No. 206779 Andrew C. Brm*kn, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 265286 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 Defendants TRU6C?tw?? BMW ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. //, 63 `7 '7 ??Yl L rN'7 CUMBERLAND COUNTY CIVIL ACTION - SAW COMPLAINT IN MORTGAGE FORECLOSURE No hereby certity me Alithir t?-, 5? _-, 4-1-1je ant ;orre? -?t the t aucord No, it: 265286 Case ID: 120204064 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 265286 Case ID: 120204064 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 05/10/2007 CHRISTINE M. HERTZLER and TERRY L. HERTZLER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC.) which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1992, Page 2418. By Assignment of Mortgage Recorded 05/03/2011 the mortgage was Assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage in Instrument# 201112906. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage duo 11/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 2652E6 Case ID: 120204064 6. The following amounts are due on the mortgage as of 02111/2011: Principal Balance $155,639.38 Interest $3,464.93 10/01/2010 to 02/1112011 Late Charges $148.20 Property Inspections/Property Preservation $67.50 Appraisal/Broker Price Opinion $83.00 Subtotal $159,293.90 Escrow Credit 24.1) TOTAL $159,154.50 7. 8. Plaintiff is >Q seeking a judgment of personal liability (or an in erso judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have receiver( a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Me N. 265M Case ID: 120204064 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $159,154.50, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged Voperty. PHELAN HALLINAN & SCHMIEG, LLP By: D Uawrence T. Phelan, Esq., Id. No. 32227 D Francis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 4 Michele M. Bradford, Esq., Id. No. 69849 D Judith T. Romano, Esq., Id. No. 58745 D Sheetal R. Shah-Jani, Esq., Id. No. 81760 D Jenine R. Davey, Esq., Id. No. 87077 D Lauren R. Tabas, Esq., Id. No. 93337 D Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 D Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 D Joshua I. Goldman, Esq., Id. No. 205047 D Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 D William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 265286 Case ID: 120204064 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the eastern line of Rosegarden Boulevard (East), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 3 and 4 on said plan, South 74 degrees 25 f minutes 33 seconds East, 134.00 feet to a point in the western dedicated right of way line of a public township road (T-621); thence extending along the western dedicated right of way line of said public township road (T-621), South 15 degrees 34 minutes 27 seconds West, 78.0 feet to a point at corner of Lot No. 5 cri the hereinafter mentioned Plan of lots; thence extending along the division line between Lots No. 4 and 5 on said plan, North 74 degrees 25 minutes 33 seconds West, 134.0 feet to a point in the eastern line of Rosegarden Boulevard (East), aforementioned; thence extending along the eastern line of Rosegarden Boulevard (East), North 15 degrees 34 minutes 27 seconds East, 78.0 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots, aforementioned, at the point and Place of BEGINNING. BEING LOT NO. 4, BLOCK G on the Plan of Section 2 of Rosegarden, which said plan is recorded in Plan Book 28, page 141, Cumberland County records. HAVING THEREON ERECTED A single family ranch type dwelling with two car garage known and numbered as 2706 Rosegarden Boulevard. BEING THE SAME PREMISES which Bobby E. Hurley, single man by Deed dated January 25, 1990 and recorded in Cumberland County Recorder of Deeds Office in Deed Book K, Volume 34, page 674, granted and conveyed unto Yong Sun Hurley, single woman, the Grantor herein. FURTHER UNDER AND SUBJECT TO THE restrictions and conditions of prior record as shown in Deed Book M, Volume 27, page 497. PROPERTY ADDRESS: 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDENI BOULEVARD, MECHANICSBURG, PA 17055-5309 PARCEL # 42-31-2153-111 File: 265286 Case ID: 120204064 VERIFICATION CHI*m , hereby states that he/she is -?ut d` offloi of VERIFICATION `CwWww I owta , hereby states that he/she is Au**ftd OfflOet of "?Q that he/she is authorized to take this Verification, and the statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. The undersigned the penalties of 18 Pa. C.S. See, 4904 is made subject to to unswom falsification to f DATE: 0,tim File #: 265286 Name: HERTZLER Title: ;mrjmd 616t Case ID: 120204064 Phelan Hallinan 8t Sdonieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmleg, Esq., 1d. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetai R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mukahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtemy R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 265286 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 Defendants TRUSA RD tnd ?IsM ? tend ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. f /- d elul .t TL% CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE No hereby ?y certlty the rrfie 8nr r% File #: 265286 Case ID: 120204064 NOTICE You have been shed in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Me #: 265286 Case ID: 120204064 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 1100 VIRGINIA DRIVE P.Q. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTINE M. HERT7.LER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/10/2007 CHRISTINE M. HERTZLER and TERRY L. HERTZLER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC.) which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1992, Page 2418. By Assignment of Mortgage Recorded 05/03/2011 the mortgage was Assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage in Instrument# 201112906. The mortgage and assignment(s), if any, are matters of public record and are incorporated hercin by reference in accordance with Pa.R.C.P. 101 9(g), which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 265286 Case ID: 120204064 6. The following amounts are due on the mortgage as of 02/11/2011: Principal Balance $155,639.38 Interest $3,464.93 10/01/2010 to 02/11/2011 Late Charges $148.20 Property Inspections/Property Preservation $67.50 Appraisal/Broker Price Opinion $83.00 Subtotal $159,293.90 Escrow Credit (L248.1 1) TOTAL $159,154.50 7 Plaintiff is not seeking a judgment of personal liability (or an in e?rsonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose m set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File N. 265286 Case ID: 120204064 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $159,154.50, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LJ Lawrence T. Phelan, Esq., Id. No. 32227 [] Francis S. Hallinan, Esq., Id. No. 62695 F-Waniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 [] Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 617911 [] Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 2016779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #: 265?.86 Case ID: 120204064 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the eastern line of Rosegarden Boulevard (East), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots Nos. 3 and 4 on said plan, South 74 degrees 25 . s minutes 33 seconds East, 134.00 feet to a point in the western dedicated right of way line of a public township road (T-621); thence extending along the western dedicated right of way line of said public township road (T-621), South 15 degrees 34 minutes 27 seconds West, 78.0 feet to a point at corner of Lot No. 5 on the hereinafter mentioned Plan of lots; thence extending along the division line between Lots No. 4 and 5 on said plan, North 74 degrees 25 minutes 33 seconds West, 134.0 feet to a point in the eastern line of Rosegarden Boulevard (East), aforementioned; thence extending along the eastern line of Rosegarden Boulevard (East), North 15 degrees 34 minutes 27 seconds East, 78.0 feet to a point in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots, aforementioned, at the point and Place of BEGINNING. BEING LOT NO. 4, BLOCK G on the Plan of Section 2 of Rosegarden, which said plan is recorded in Plan Book 28, page 141, Cumberland County records. HAVING THEREON ERECTED A single family ranch type dwelling with two car garage known and numbered as 2706 Rosegarden Boulevard. BEING THE SAME PREMISES which Bobby E. Hurley, single man by Deed dated January 25, 1990 and recorded in Cumberland County Recorder of Deeds Office in Deed Book K, Volume 34, page 674, granted and conveyed unto Yong Sun Hurley, single woman, the Grantor herein. FURTHER UNDER AND SUBJECT TO THE restrictions and conditions ofprior record as shown in Deed Book M, Volume 27, page 497. PROPERTY ADDRESS: 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 PARCEL # 42-31-2153-111 Pile N: 265286 Case ID: 120204064 VERIFICATION mWWW m , hereby states that he/she is Ant ed offlo et of x- Mo4m c4i?6 that he/she is authorized to take this Verification, and the statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. The undersigned the penalties of 18 Pa. C.S. Sec. 4904 DATE: File #: 265286 Name: HERTZLER to unswom falsification to is made subject to Title: AU1h r 6*R,er Case ID: 120204064 EXHIBIT I'D" Case ID: 120204064 Hardship Letter I took early retirement in 2008 due to the work affecting my health. Since I was not 60 years old at the time of retirement my healthcare benefits from the Commonwealth of PA were discontinued and my medical coverage was then provided by the Veterans Administration (VA). i needed surgery that was originally to be in the fall of 2010, but due to some other physical developments that was postponed and I had my first surgery in March of 2011. Since recovering from that surgery the one that was postponed from 2010 is now scheduled for September 21, 2011. The health issues related to my surgeries have made it impossible to continue with my delivery business. I also have respiratory problems due to asbestos exposure. It is unlikely that I'll be able to continue with the delivery business once I have recovered. My wife, Chris in order to keep her job and healthcare coverage, had her hours cut to part time (20 hrs per week) in mid 2009. She turns 65 In November 2011 and will be retiring in December 2011. We are responsible people and want to make good on our financial obligations. We have sought assistance with GMAC and people that referred us to since 2008. Unfortunately their solutions were temporary and the payments were unreasonable. We have been frustrated and constantly harassed by phone calls (as many 8-12 times per day for the past year) because we could not agree to their demands. We are more than willing to work out a reasonable solution to our problem. Terry L. Hertzier Sr Christine M Hertzler Case ID: 120204064 EXHIBIT "E" Case ID: 120204064 GMAC Mortgage 3451 Hammond Ave P.O. Box 780 Waterloo, to 50704-0780 09;? i it l "PERRY L HERT7LFR CHRISTINE ji HERTZLER 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG RE: Account Number Property Address PA 17055 0473843720 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG PA 17055 Dear TERRY I. HER'IZLER CHRISTINE M HERTZL.ER Thank you for contacting us about your account. We are 'working on your request and will get back to you within 20 business days. We apologize for any inconvenience this may cause. If you have any other questions, we are here to help. Please call our office at 800-7664622 (weekdays, 6:00 a.m. - 10:00 p.m. C'r, Saturday. 9:00 a.m. - 1:00 p.m.). Customer Care Loan Servicing 2:21 Case ID: 120204064 GMAC Mortgage PO Box 780 Waterloo, IA 50704-0780 September 22, 2011 106 TERRY L HERTZLER CHRISTINE M HERTZLER 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055 Re: Account Number: 0473843720 Property Address: 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055 Dear TERRY L HERTZLER and CHRISTINE M HERTZLER: Hello, my name is Meochia Watkins, your Relationship Manager. I am a member of a small team dedicated to helping you find a solution to your financial hardship. I recently attempted to speak with you regarding your account. If we have not connected by the time you receive this letter, please call me at your earliest convenience as I want to help you understand all of your available options. My team is managed by Michael Chang and we are here for you every step of the %vay! To make it easy to reach us, our contact information is printed on the right side of this notice; keep this handy for future reference. Please know that you may continue to receive normal mailings and communications from our office; I am here to help you understand them and can go over your options with you. Please understand that in order to be reviewed for a modification, all required documentation must be received no later than 7 business days prior to any scheduled foreclosure sale date. Call me as soon as possible and we can get started. Sincerely, ',t?a?cir M.z?_ Relationship Manager * Call Today * Meochia Watkins Monday - Friday 8 am to 5 pm CT 877-928-4622 Extension 874-1 l 18 If I am not available, one of my team metnbers is ready to assist you! If you are dissatisfied with die level of service being provided, ask for Michael Chang. Note: Additional information is included on the reverie side of this letter. Note: This is an attempt to collect a debt and any information obtained will be used for that purpose. Notice Regarding Bankruptcy: If you have filed for bankruptcy and your case is still active or if you have received an order of discharge, please. be advised that this is not an attempt to collect a pre-petition or discharged debt. Any action taken by us is for the sole purpose of protecting our lien interest in your property and is not to recover any amounts from you personally. If you have surrendered your property during your bankruptcy case, please disregard this notice. Note: If you are currently in bankruptcy under Chapter 13, you should continue to snake payyments in accordance with your Chapter 13 plan and disregard this notice. ease ID: 120204064 F,} guen y Aakcd Questi0 Q: What is the best method to send financial analysis documents for review? A: JUMAC Mortgage offers several methods for you to send required documentation: fax, e-mail, internet upload and mail. It is your choice, however, internet upload through www.gmacmortgage.cor, e-mail or fax are the fastest methods. E-mail: FinanciaipackageOgmacm.coni Fax: 866-7094744 Q: How can I contact my Relationship Manager other than by phone? A: You can send an e-mail or letter and reference your Relationship Manager. GMAC Mortgage Attention: Correspondence 1 Meochia Watkins PO Box 780 Waterloo, IA 50702 E-mail : relationship.nmager@mortgagebanksite.com Include your Relationship Manager name in Subject line. Q: When I call, my Relationship Manager may not always be available. How can I ensure I talk directly to them? As. Your Relationship Manager is part of a team. AU of the team members have access to the same tools and information and will provide the same high level of service. However, if you would prefer to speak directly with your Relationship Manager and they are not available, simply ask to schedule an appointment at your convenience. Q: Who can I call if I am not satisfied with the service provided by my Relationship Manager or the outcome of the efforts to find a solution for my mortgage payment concerns? A: At any point you can ask to speak with your Relationship Manager's Team Lead who is named on the front of this letter. In addition, you may have your concerns reviewed by an independent advocate in our Executive Bscaladon Team. They may be leached at 866-924-8409 Monday through Friday from Sam to 5pm Cr or via email at homeowner.help@mortgagebanksite.com. Case ID: 120204064 Gm AC 11twtkuge 3451 Hanvinowl Ave PO Box 790 Waterim. IA 50704-0790 September 22. 2011 .+1?:.??C??<3 ,nY!.as;,IfhR/.??n1tR?t WHLCC??-0iTM'J•?fa4ef?UV t5h; t5W 1611111111114161111141111161121111 g1•r1111111111n1l1111fII1rh TERRY L HERTZLER CHRISTINE M HERTZLER 2706 EAST RDSECARDEN BOULEVARD MECHANICSSURG PA 17055-5309 Rk: Account Number` 0473843720 Property Address 2706 EAST ROSEGARDEN BOULEVARD IY ECHANICSBURG PA 17055 Dear TERRY L HERTZLER and CHRISTINE M HERTZLER: GMAC Mortgage Thank you for submining your request for assistance. We are currently processing your nuWitication request and will notify you within 30 days of the outcome of our review or if additional documentation is required. Ailer receipt of all requested documentation, we will determine if you arc eligible based on your situation. If you arc eligible, we will look at your monthly income and housing costs, including any past due payments, and determine an affordablc mortgage payment. It'you qualify, we will provide you with a new, affordable monthly payment on your rnotigage loan for a trial Period. if you timely make all of those trial payments. fulfill any other trial period conditions, and provided you meet all other eligibility requirements orthe program, we will permanently modil'v your motigagc loan. The modification may involve some or a] I of the following changes to your mortgage loan: 1) Bringing your account current; 2) Reducing the interest rate on your loan: 3) Extending the tenn of the loan, and/or delaying your repayment of a portion of the mortgage principal until the cnd of the loan temp. To be considered for the Horne Affordable Modification Program all required documentation must be received no later than 7 business days prior to uny scheduled foreclosure sale date. We will not refer the account to foreclosure or conduct a foreclosure sale if already referred while it is being reviewed for the Home (Continued on next page) N Case ID: 120204064 September 22, 201 1 Account Number 0473843720 Page Two Atl'ordabie Modification Program. If we notify you that additional documentation is required, the review will not begin until sill required documentation is received. At times like these, we feel it is important for you to seek financial advice from a !rusted source expcrienced with situations like yours. Therefore, we recomniend you call I.800.CALL.FHA to find a HUD-Ceti ied housing counseling agency to discuss your needs. You can also call the HOPI: hotline number 0.888.995.HOPE) G) seek assistance: at no charge from HUD-approved housing counselors and can request assistance in understanding this borrower notice letter by asking for MHA HELP. If you have any questions, please contact your Relationship Manager, Meochin Watkins at 877-9213-4622 extension 8741118 between the hours of 8:0() a.m, atxi 9:00 P.M. Monday through Friday contrnl standard tine. If your agent is not available one of their team members will assist you. Meochia Watkins !skin Servicing Notice: Federal law requires that we advise you that this notice is froin a debt collector attempling to collect a debt and any information obtained will be used for that purpose. Notice Regarding Bankruptcy: If' you are currently involved in an open banktptcy case or it' you have been discharged of your personal liability for repayment of this debt. this notice is being provided for informational purposes only and is not an attempt to collect a pre-petition or discharged debt. Furthermore, any action that we may take is for the soic putl,)ose of protecting our lien interest in your property and is not to recover any amounts from you personally. Note: lfyou are currently in bankruptcy tinder Chapter 13. you should continue to make payments in accordance with your Chapter 13 Plan and disregard this notice. 4:16 Case ID: 120204064 GMAC Mortgage 3451 Hammond Ave PO Box 780 Waterloo, IA 50704-0780 10/5/2011 omati?r?aes mowro?a?wxwc?,.e?w+oouvc?oroataew?aroauee,.or TERRY L HERTZLER CHRISTINE M HEMLER 2706 EAST ROSEGARM BOULEVAW MECHANICSBURG PA 17OSS-5309 RE: Account Number 0473843720 Property Address 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG PA 17055 Dear TERRY L HERTZLER and CHRISTINE M HERTZLER: GMIiIC Mortgage We recently received your request for a loan modification. We are not able to fulfill your request at this time for the following reason(s): We are unable to offer you a Home Affordable Modification because your current monthly housing expense is less than or equal to 31 % of your gross monthly income and you arc not eligible for a Home Affordable Modification. Your account is in review for another workout. At this time, you may want to seek advice regarding your next steps. We suggest you call I.8KCALL.FHA 0.800.225.5342) to locate a HUD-certified housing counseling agency. You may also want to call I.888.995.HOPE (1.888.995.4673) to request assistance from a HUD-approved housing counselor. You have until 11/04/2011 to contact GMAC Mortgage, LLC to discuss this denial of your request for a loan modification. Your loan may be referred to or remain in foreclosure during this time. However, a foreclosure sale will not be conducted and you will not lose your home due to foreclosure during this 30-day period. You can send any additional material to: GMAC Mortgage, LLC ATTN: Modification Non-Approvals PO Box 780 Waterloo, Iowa 50704 We will continue to work with you to explore options that may be available. If you have any questions, please contact your Relationship Manager, Meochia Watkins at 1-877-9284622 extension 8741118 between the hours of 8:00 a.m. and 9:00 p.m. Monday through Friday central standard time. If your agent is not available one of their team members will assist you. Meochia Watkins Loan Servicing 0 Case ID: 120204064 10/5/2011 Account Number 0473843720 Page Two Note: This is an attempt to collect on a debt and any information obtained will be used for that purpose. Notice Regarding Bankruptcy: If you are currently involved in an open bankruptcy case or if you have been discharged of your personal liability for repayment of this debt; this notice is being provided for informational purposes only and is not an attempt to collect a pre-petition or discharged debt. Furthermore, any action that we may take is for the sole purpose of protecting our lien interest in your property and is not to recover amounts from you personally, Note: If you are currently in bankruptcy under Chapter 13, you should continue to make payments in accordance to your Chapter 13 plan. Our credit decision was based in whole or in part on information obtained in a report from the consumer reporting agency listed below. You have a right under the Fair Credit Reporting Act to know the information contained in your credit file at the consumer reporting agency. The reporting agency played no part in our decision and is unable to supply specific reasons why we have denied credit to you. You also have a right to a free copy of your report from the reporting agency, if YOU request it no later than 60 days after you receive this notice. In addition, if you find that any information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the reporting agency. Name: Equifax Information Services LLC, Address: P.O. Box 740241, Atlanta, GA 30374-0241 [Toll-free) Telephone number. 800-685-1111 htt ,666 w.equifax comb If you have any questtam regarding this notice. You should contact: Creditor's name: GMAC Mortgage, LLC Creditor's address: PO Box 780, Waterloo L4,50704-0780 Creditor's telephone number: 1-877-928-4622 Notice: The federal Equal Credit opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any publie assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580, M020 Case ID: 120204064 GMAC Mortgage 3431 Hammond Ave PO Box 780 Waterloo, IA 50704-0780 10/7/2011 anan?uaoa aoaon,?w?wwonmo?akwut?acoorowwmorama? 1?rii1'g1nlr?ligl?rluhqlu?flllf?iflrfirdp??bfi?rr?f?d TERRY L HUTZLER CHRISTINE M HERMAR 2706 EAST ROSWAROEN BOULEVARD NECHAHICSBURG PA 17055-5309 RE- Account Number 0473843720 Property Address 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG PA 17055 Dear TERRY L HERTZLER and CHRISTINE M HERTZLER: G kW, A "- aa Ve We recently received your request for a loan modification. We are not able to fulfill your request at this time for the following reason(s): Your loan has been previously modified and we are unable to offer an additional modification. At this time, you may want to seek advice regarding your next steps. We suggest you call 1.800.CALL.FHA 0.800.225.5342) to locate a HUD-certified housing counseling agency. You may also want to call 1.888.995.HOPE (1.888.995.4673) to request assistance from a HUD-approved housing counselor. You have until 11/00011 to contact GMAC Mortgage, LLC to discuss this denial of your request for a loan modification. Your loan may be referred to or remain in foreclosure during this time. However, a foreclosure sale will not be conducted and you will not lose your home due to foreclosure during this 30-day period. You can send any additional material to: OMAC Mortgage, LLC ATTN: Modificadon Non-Approvals PO Box 780 Waterloo, Iowa 50704 We, will continue to work with you to explore options that may be available. Ifyou have any questions, please contact your Relationship Manager, Meochia Watkins at 1-877-928-4622 extension 8741118 between the hours of 8:00 a.m. and 9:00 p.m. Monday through Friday central standard time. If your agent is not available one of their team members will assist you. Meochia Watkins Loan Servicing Case ID: 120204064 lonn011 Account Number 0473843720 Page Two Note: This is an attempt to collect on a debt and any information obtained will be used for that purpose. Notice Regarding Bankruptcy: If you are currently involved in an open bankruptcy case or if you have been discharged of your personal liability for repayment of this debt; this notice is being provided for informational purposes only and is not an attempt to collect apre-petition or discharged debt Furthermore, any action that we may take is for the sole purpose of protecting our lien interest in your property and is not to recover amounts from you personally. Note: If you are currently in bankruptcy under Chapter 13, you should continue to make payments in accordance to your Chapter 13 plan. Our credit decision was based in whole or in part on information obtained in a report from the consumer reporting agency listed below. You have a right under the Fair Credit Reporting Act to know the information contained in your credit file at the consumer reporting agency. The reporting agency played no part in our decision and is unable to supply specific reasons why we have denied credit to you. You also have a right to a free copy of your report from the reporting agency, if you request it no later than 60 days after you receive this notice. In addition, if you find that any information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the reporting agency. Name: Equifax Information Services LLC, Address: P.O. Box 740241, Atlanta, GA 3074-0241 [Tall-free] Telephone number: 800-685-1111 htcn:i/www.equifax com/ If you have any question regarding this notice, you should contact: Creditor's name: GMAC Mortgage, LLC Creditor's address: PO Box 780, Waterloo IA 50704-0780 Creditor's telephone number. 1-877-928-4622 Notice: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public or because the applicant has in good faith exercised any right under the Consumer Credit Protection Ac Theefederraal m, agency that administers compliance with this law concerning this creditor is Federal Trade Commission, Equal Credit Opportunity, Washington, DC 20580. M020 Case ID: 120204064 EXHIBIT "F" Case ID: 120204064 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMi SI 2007S9 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-6344 CIVIL TERM CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendant(s) TO: CHRISTINE M. HERTZLER 2706 EAST ROSE-GARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 DA'T'E OF NOTICE: September 21. 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR A7`I'EMP'1'ING TO COLLECT A DEBT. THIS NOTICE: IS SE Mr TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED "I0 HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, Tins CORRESPONDENCE IS NOT AND SHOULD NOT BE CONS'T'RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT.ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NO'T'ICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPb\- RANC:E PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH ITIF COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 'UNLESS YOU AC"1' WITHIN TEN DAYS FROM THE DATE OF THIS NO'T'ICE, A JUDGMEN'I` MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE FOUR PROPERTY OR OTHER WIPORTANT RIGHTS. YOU SHOULD TAKE' THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU IX) NOT HAVE A LAWYER, GO -1'0 OR TFLEPHONE THE OFFICE: SIT FORTH BELOW. 'THIS OFFICI- CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRI A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WI'ITI INFORMATION ABOUT AGENCIES THAT NIAY 01-FEIZ LEGAL SIiRVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,. PI-IS # 20529t? Case ID: 120204064 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION € Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE. PA 17013 (717)249-3166 rra onl. Esquire Attorney for Plaintiff Phelan Hallinan & Schmicg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 By: Michel &I B rad ord. Esquire PHS # 265286 Case ID: 120204064 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-6344 CIVIL TERM CHRISTINE M.-HERTZLER TERRY L. HERTZLER Defendant(s) TO: CHRISTINE M. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 DATE OF NOTICE; October 11, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMP-IING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTI YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJEC730M TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE Or THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWyFR AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU W M INFORMATION ABOUT FMM A LAWYER. IF YOU CANNOT CORD 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. PHS # 265286 Case ID: 120204064 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240.6195 CARLISLE, PA 17013 (717) 24{5.._-.___ . rr ?f r. rr Allison F.Wells, ------- Attorney for P miff --Phdan-Helli inda & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 265286 Case ID: 120204064 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-6344 CIVIL TERM CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendant(s) TO: TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD AKA 2706 ROSEGARDEN BOULEVARD MECHANIICSBURG, PA 17055-5309 DATE OF NOTICE: October 11, 2021 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT N_„ O, FFCE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING wrm THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENI'NtED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 265286 Case ID: 120204064 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 2451>3166' _ : • .. -. ?_ ,' By: Allison F. Well Atto Phelan Hallinan & Schnaiat LLP 1617.1FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 265286 Case ID: 120204064 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Sheetal R. Shah-Jani, F,sq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION C.UNIBERLAND COUN'T'Y AS A TRUSTEE FOR RFjN•ISI 2007S9 . COURT OF CONIMON PLEAS VS. CHRISTINE M. HERTZLER CIVIL DIVISION TERRY L. HERTZLER No. II-6344 CIVIL'I'ERn'vl r' ?i i c; ?rµ'{ C:._ ' _rT PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ? ANSWER AND ASSESSMENT OF DAIYIACE5 ' .u TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against C'I-IRISTINE tNf- HF,RTZLER and TERRY L. HERTZLER, Defendant(s) for lhilure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and lur- foreclosure and stile of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $159,154.50 TOTAL S159,154-50 I hereby certify that (1) the .Defendants' last known address is 2700 EAST ROSEGARDEN BOULEVARD, AWA 2706 ROSEGARDEN BOULEVARD, MECHANIC'SBURG, PA 17055.5309, and (2) that notice has been given in accordance will, Rule Pa.R.C'.P 37.1. Date Shectal R huh-J ni, Esctttire Attorney or aintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. nA'1'E t!? ?/l all 111S a 265M, P I ON R 265286 Case ID: 120204064 PHELAN HALLINAN & SCHMIEG, LLP Sheets] R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 YS. CHRIS'T'INE M. HERTZLER TERRY L. ITERTZLER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-6344 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verilies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief; he/she 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 Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defcndant CHRISTINE IM. 1-IERTZLER is over 18 years of age and trsides at 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309. (c) that defendant TERRY L. HERTZLER is over 18 years ofage and resides at 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSE-GARDEN BOULEVARD. MECHANICSBURG, PA 17055-5309. This statement is made subject to the 1x:nalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /O/W - ------ Sheetal R., fah-J tai, Esquire Attorney for atntiff Case ID: 120204064 (Rule of Civil Procedure No. 236) - Revised U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RF?VISI 2007S9 VS. CHRISTINE M. HERTZLER TERRY L. HE, WrZLER : CUl1IBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL W VISION No. 11-6344 CIVIL. j'EItm Notice is given that a Judgment in the above caPlioned matter has bcen entered against you on _ If you have any questions concerning this matter please contact: Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suitc 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * k 7711S FIRM IS A DEB 7' COL LECTOR ATTr,, 41 'I'1'iVG TO COLLECT A DEBT fl ND MINI' INFORMATION OB7AINED WILL BE USED FOR THAT PURPOSL•. Iv 1'OU 11A VE PREVIOUSLY RECEIVED A DISCHARGE IN 13,41VKR[IPT CY, TI/ IS' 1.9 t1'OT AND SHOULD NOTBECONSTRU];D TO BE;INATTEMPT'I'O COLLECTA DEBT, BUT OAT Y EAWORCEMENT OF A L IEN AC;AINST PROPF.RTI. ** Case ID: 120204064 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR COURT OF COMMON PLEAS RFMSI 2007S9 Plaintiff vs. : CIVIL DIVISION NO.: 11-6344 CIVIL TERM CHRISTINE M. HERTZLER TERRY L. HERTZLER CUMBERLAND COUNTY Defendant(s) NICE OF SHERIFF'S S r F OF REAL PROPERTY TO: CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 * *Tm FIRiK Is A DEBT COLLECTOR ATTEMPTING TO COLLECr A DEBT AND ANY INFORMATION OBTA WED WILL BE USED FOR THAT PURPOSL IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARQg IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAWST PROPERTY.** Your house (real estate) at 2706 EAST ROSEGARDEN BOULEVARD, AWA 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 1705E-5309 is scheduled to be sold at the Sherilrs Sale on 03/07/2012 at 10:00 AM In the Cumberland County Courthouse, South Hanover Street, Cnrtsle, PA 17013 to enforce the court judgment of $159,154.50 obtained by U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 (the mortgagee) against you. In the event the announcement will be made at said sale in compliance with a.R C.P. Rule 3129.3e is continued, an N4- TICKOF OWNFZR'g RIGHTS ?T MAY BE Ri R TQ PRgy NT THIS SHERIFF'S SAr E To prevent this Sheriffs Sale, you must take immediate action: I . The sale will be canceled if you pay to the mortgagee the back reasonable attorney's fees due. To find out how much you must a penis' late charges, cos 2 and p Y, you may call: 215_5§2-7M$ x1230 2. You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Case ID: 120204064 I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215_563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty n(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for i office. This schedule will state who will be receiving that money. The money will be paid out tiint accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days aver the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE .A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Case ID: 120204064 LEGAL DE?nw ALL THAT CERTAIN house and lot of ground situate in Upper County, Pennsylvania, mareparticularly bounded amt described as ollowTOhi s?to wilt:Cumberland BEGINNING at a point in the eastern line of Rosegarden Boulevard (Bast), which said point is in the division line between Lots Nos. 3 and 4 on the hereinafter mentioned plan of lots; thence exuding along the division line between Lots Nos. 3 and 4 on said plan, South 74 degrees 25 minutes 33 seconds Bast, 134.00 feet to a point in the western dedicated right of way line of a public township road (T .62 1), thence extending along the western dedicated t of y li of said public township road (T-621), South 15 degrees 34 minutes 27 s righ wa ne econds West, 7$.0 feet a a. Point at corner of Lot No. 5 on the hereinafter mentioned plan of lots; thence extending along the division line between Lots No. 4 and 5 on said plan, North 74 de osegarden l 25 rein 33 seconds West, 134.0 feet to a point in the eastern line of R thence extending along the eastern line of Rose Boulevard {East), aomnentioned; Ew4 garden Boulevard (East), No 15 degrees 34 minutes 27 seconds 78.0 fed to a point in the division line between Lots Nos; 3 and 4 on the hereinafter mentioned plan of lots, aforementioned, at the point and Place of BEGINNING. BEING LOT NO.4 BLOCK G on the Plan of Section 2 of Rosegarden, which said plan is recorded in Plan Book 28, page 141, Cumberland County records. FURTHER UNDER AND SUBJECT TO THE restrictions and conditions ofprior record as shown in Deed Book M, Volume 27, page 497. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. ITLE TO SAID P RA?trSES IS VESTED 1N Terry L. Hertzler and Christine M. HerWer, h/w, by Deed from Yong Sun Hurley, single woman, dated 08128/1998, recorded 09/01/1 Book 184, Page 575. 998 in PREMISES BEING: 2706 EAST ROM MWEN ROUI.EVARl7 BOULEVARD, ?' , ?CSBURG, PA 17455-5309 ' A!K/A 2706 ROSEGARDEN PARCEL NO.42-31-2153-111 Case ID: 120204064 HO T DESCRIMTnN By virtue of a Writ of Execution NO. 11-6344 CIVIL TERM U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 VS. CHRISTINE M. HERTZLER TERRY L. RERTZLER owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 27 RGULEVARD, 06 EAST> OSBGARDEN BOULEVARn A&& 2706 ROSEGA??EN - Is U -5309 Komi No. 4W.1-21 53-111 {Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $1599154.50 Phelan Hallman $ 3ehmieg, LLP Attorney for Plaintiff' 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563.7040 Case ID: 120204064 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-6344 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff (s) From CHRISTINE M. HERTZLER AND TERRY L. HERTZLER (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: $159,154.50 L.L.: S.50 Interest from 11/3/2011 TO DATE OF SALE ($26,16 PER DIEM) - 53,296.16 Atty's Comm: % Atty Paid: $186.50 Plaintiff Paid: Date: 1211/2011 (Seat) Due Prothy: $2.00 Other Costs: I- I ?-? D. Buevonotary By: Deputy REQUESTING PARTY: Name: WILLIAM E. MILLER, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308951 TRUR COPY:FROM RECORD in Tsatimgpy whersof,-i we unto set my hand + id Carlisle, Pa. andthistho5.? e'tQt sofWd6L 20 ._... Prothonotary Case ID: 120204064 On December 15, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 2706 East Rosegarden Blvd, A/K/A 2706 Rosegarden Blvd, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 15, 2011 By: Real Estate Coordinator ZZ .z d Z- 330 liOl Case ID: 120204064 EXHIBIT "G" Case ID: 120204064 6XIAC \torti .3451 liffinintmid Ave Pt? BOX 780 %Vatertoo. 1A 50704-0790 November 8, 2011 t,,,, •:ro: a=c7K:o,.ettq aa,r,..e:,vw:a.4 ,p2pW ?„Rv.;ir,a,;,75+N I?Illl?li{II?111'II?IIIIiI?tth?iltitltll!lluf IIIII`'ltll'Ilitfl TERRY L HERTZLER CHRISTINE M HERTZLER 2706 EAST RosEGARM OWL£VARU x MECHANICSBURG PA 17055-5309 RE: Account Number 0473843720 Property Address 2706 EAST ROSEGARDEK BOULEVARD MECHANICSBURG PA 17053 Dear TERRY L HERTZLER and CHRISTINE M HERTZL•ER: MAC Mortgage Thank you for submitting your request for assistance. We are currently processing your modification request and will notify you within 30 days of the outcome of our review or if additional documentation is required. Alter rcceiptof all requested documentation, we will determine if you are eligible based on your situation, if you arc eligible, we will look at your monthly income and housing costs, including any past due payments, and determine an af#ordable mortgage payment. If you qualify, we will provide you with a new, affirdable monthly payment on your mortgage loan for a trial period. If you tinwly make all of those trial payments, .fulfill any other trial period conditions, and provided you meet all other eligibility requirements of the program, we %vill permanently modify your {mortgage loan. The modification may involve sonic or all of the following changes to your mortgage loan: 1) Bringing your account current; 2) Reducing the interest rate on your loan; 3) Extending the term of the loan, andlor delaying your repayment ofa portion ofthc mortgage principal until the end of the lean ten-a. To be considered for the Home Affordable k1odificati6a Program all requi2id documentation must be received no later than 7 business days prior to any scheduled foreclosure sale date. We will not refer die: account to foreclosure or conduct a foreclosure sale if already referred while it is being reviewed for the Home (Contitnled on nest page) M Case ID: 120204064 November 8, 2011 Account Number 0473843720 Page Two Aliordabk Modification Program. If we notify you that additional documentation is required, the u`:vicw will not begin until all required documentation is received. At times like these, we feel it is important for you to seek financial :advice from a trusted source experienced with situaticros like yours. T tterefore, we reconunend you calf I.800.C'ALL.FHA to ltnd a HUD-Cenif ied housing counseling agency to discuss your needs. You can also call the HOPE hotline number (1.888.995. HOPE) to seek assistance at no charge from HUD-approved housing counselors and can request assistance in understanding this borrower notice letter by asking for NUM HELP. f f you have any questions, please contact your Relationship Manager, Meochia Watkins at 577-928-4622 extension 8741115 between the hours of 8:00 a.m. and 9:00 p.m. Monday through Friday central standard time. Il'your agent is not available one of their team members will assist you. Meochia Walkins Loan Servicing Notice: Federal law requires that we advise you that this notice is from a debt collector attempting to collect a debt and any information obtained will be used for that purpose. Notice Regarding Bankruptcy: If you are currently involved in all open bankruptcy case or if you have been discharged of your personal liability for repayment of this debt; this notice is being provided for informational purposes only and is not an attempt to collect a pre-petition or discharged debt. Furthermore, any action that we may take is for the sole purpose of protecting our lien interest in your property and is not to recover any amounts from you personally. Note: If you are currently in bankruptcy under Chapter 13, you should continue to make payments in accordance with your Chapter 13 Plan and disregard this notice. 4:16 Case ID: 120204064 GMAC Mortgage 3451 Hammond Ave P.O. Box 780 Waterloo, IA 507040780 11/11/11 TERRY L HERTZLER CHRISTINE M IIERTZLER 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG pA 17055 RE: Account Number 0473843720 Property Address 2706 EAST ROSEGARDEN BOULEVARD MECHANICS13URG PA 17055 Dear TERRY L HERTZLER CHRISTINE M HERTZLER Thank you for contacting us about your account. We are working an your Mquest and will get back to you within 20 business days. We, apologize for any inconvenience this may cause. If you have any other questions, we are here to help. Please call our office at 800.766-4622 (weekdays, 6:00 a.m. -10.00 p.m. CT; Saturday, 9.00 a.m. -1:00 p.m.). Customer Care Loan Servicing 2:21 Case ID: 120204064 GMAC Mortgage 3451 Hammond Ave PO Box 780 Waterloo, IA 50704.0780 11/15/2011 TERRY L HERTZLtRt CHRISTI14 M HERTZLER 2706 EAST ROSEGARom BouLEVARD In MECHAMICSBURG PA 37055-5309 RE: Account Number 0473843720 Property Address 2706 EAST ROSEGARDEN BOULEVARD MECHANICSBURG PA 17055 Dear TERRY L HERTZLER and CHRISTINE M HERTZLER: We recently received your request for a loan modification. We are not able to fulfill your request at this time for the following reason(s): We are unable to offer you a Home Affordable Modification because your current monthly housing expense is less than or equal to 31 % of your gross monthly income. Your account is in review for another workout. At this time, you may want to seek advice regarding you next steps. We suggest you call 1.800.CALL.FHA (1.800.225.5342) to locate a HUD-certified housing counseling agency. You may also want to call 1.888.995.HOPE (1.888.995.4673) to request assistance from a HUD-approved housing counselor. You have until 12!15/2011 to contact GMAC Mortgage, LLC to discuss this denial of your request for a loan modification. Your loan may be referred to or remain in foreclosure during this time. However, a foreclosure sale will not be conducted and you will not lose your home due to foreclosure during this 30-day period. You can send any additional material to: GMAC Mortgage, LLC ATTN: Modification Non-Approvals PO Box 780 Waterloo, Iowa 50704 We will continue to work with you to explore options that may be available. If you have any questions, please contact your Relationship Manager, Meochia Watkins at 1-877-928-4622 extension 8741118 between the hours of 8:00 a.m. and 9:00 p.m. Monday through Friday central standard time. If your agent is not available one of their team members will assist you. Meochia Watkins Loan Servicing In addition, you may have your concerns reviewed by an independent advocate in our Executive Escalation Team. They may be reached at 866-924-8409 Monday through Friday from 8:00 a.m. to 5:00 p.m. CT or via email at homeowner hel xno gg nksilp com. Case 1D: 120204064 11/15/2011 Account Number 0473843720 Page Two Note: This is an attempt to collect on a debt and any information obtained will be used for that purpose. Notice Regrding Bankruptcy; discharged of your personal If liabilityyou for are repayment currently of this involved debt; in this an noti open bankruptcy ce ease or if you have been is being only and is not an attempt to collect a pre-petition or discharged debt. Furtherm, any vi d for action that we may take is for s the sole purpose of protecting our lien interest in your property and is not to recover amounts from you personally. Note: If you are currently in bankruptcy under Chapter 13, you should continue to make payments in accordance to your Chapter 13 plan. Our credit decision was based in whole Orin part on information obtained in a report from the consumer reporting agency listed below. You have a right under the Fair Credit Reporting Act to know the irrformatior contained in your credit file at the consumer reporting agency. The reporting agency played no part in our decision and is unable to supply specific reasons why we have denied credit to you. You also have a right to a free copy of your report from the reporting agency, if you request it no later than 60 days after you receive this notice. In addition, if you find that any information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the reporting agency. Name: Equifax Information Services LLC, Address: P.O. Box 740241, Atlanta, GA 30374-0241 Phone: 800-685-1111 Web: www.Equifax.com I fyoll have any gtaseativns regarding this notice, you should contact: Creditor's name: GMAC Mortgage, LLC Creditor's address: PO Box 780, Waterloo IA 50704-0780 Creditor's telephone number: 1-877-928-4622 Notice: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is Federal 'bade Commission, Equal Credit Opportunity, Washington, DC 20580. M020 Case ID: 120204064 GMACM&WV 3451 Haiou Ave PA Box 786 . tYMettbo, IA 50704-0780 +j,.. °N ?, . Decembei 7 ,2011 ?J TE1tRYLI•IgRTZL?R . , . CHIftRlt, MHMtTZLHR 2706'WT"ROMOARM BOUIZVARD 1SCHANIC$BORO, PA 17053 i moge RE: AcDOWK Number 0473843' 20 Pr6peatjr Add m 2706EASMMARDMBOWWARD 1&kHANIC8BURO,PA MS WME Dear TERRY L HBRTZLER and CMUSTIN-E M MRTZLER: This Re *qn 8* , (`ABraernMot'), Made D nber 7,2011, (the `Efttive Date', between TERRY L WR R'CHRISTINE M I3RRT"L -ER and GMAC M o'er; {`iandqr) and amet and suppkirie?tta' - (4tbdb'Mo tgiige,'Dved Of Trost to Serge gebt, (ft `Security Zn:irurgent'), da oil.RMa +.14, 2.007 and (2).tt?e 1ab6C (`Note) bearing the saute date as, and secured by; the Security istrement-which hovers *e real and p?.POPWV described in the Security h trument. Bot i•`a la rledgos fi}3aR `.`Ilewei'' is the - ok and tic owned, or: tlaervicex f?Jhq ICW holder mad' . - •- •owner; t?tilie3?i?ote•encl?Secnrity'?istru?nel?t'attd?FthEi• Div'16dgestt?ff?".f?taria?'ei`s`•ti?e`IJote; ametaded by.this.flgtrednent; .the t?ralisferoe sikall be.the "bender" as:defed in this :cement:.:.. . In oorisit a anon fadr the mutusl promises and agreements exchanged, the parties hereto. agtw as follows, (I?dtw,iitbStik&g a4m ing to the w wary in -the Note or Security Insbnim6 t): " I. ; Payments.lst be received on or before the due date provided for in this AgteeI nim or'ttie Agtingit will be' mill iiad void. 2. Ail payrii its must be mailed to: AbI?caY Precxssing Celrter 343 (Hamnood•Avasue ,. - - :Waterloo,:IAOT02 3... •?Itcitia:prttly.eeiuans all outstatldulg'iadebtednessto the "I.aider" ?t?rsuant• to a nota (the-`1Wote°) and . 4grt e' the `Mor<gagC') or equivsktlt Security`In truiiui r,?rocubod biill?ta +" IO; 20I1in•tfie ddglaai plitiap it arriount of $160,000.00. 1 - i - vl PRT200123 TA?RAp FCL Case 0204064 ----- ----------- 4. This Agreeamt, as welt as any subsequent modification of your original Note and Mortgages will require you to. escmw for the payment of your real estate taxes and/or the premiums for any required insurance coverage. Any prior waiver of escrows by the "Lender" is no longer in effect. "Lender" wilt draw on these escrowed funds to pay your real estate taxes and insurance premiums as they cam due. Please nobs that your escrow payment amount will adjust if your takes, insurance pra nhuns, mortgage insurance premiums and/or asses_smtat amounts change, so the amount of your moo ft payment will also adjust as pennitted by law. This means=that your morithty payment miss change. Your initial monthly escrow payment vvihl'ba $54:26: This timota is imcladed in the loan pay ent; yo" do not need to remit this amount separately. 5. "Lender" has instituted foreclosure proceedings against the prgvrty Seaming the indebtedness and the foreclosure will continue to be in full force and effect until the default described herein is cured except as otherwise provkled for in this agreenew. 6: "I:r? agrees to suspend f+orecloaura activity on deyou inquent account provided dW you execute and return this Agreement, along with the initial payment toward the delinquency in the amount of $1,273.15, by January 01, 2012. , 7. You will be required to make 3 payments according to the following schedule. Date Amount:. January 01, 2012. $1,273.15 h ` February 01, 2012 $1,273,15 ' March 01, 2012 •$1;273.15 _ If ydu vare)weviously required?to remit eats li certified fuudds; ireine?t y this requ . ,".. ;t:• 4 8. Once i l -S-cheduled payments have boeu received, your situation will be-re' iewed to determine the best o tRun for is Wving the remaining delinquency, 9. ' If yeti tiro for bankruptcy protection, at any time during the period covered by this Amt and- the: scli$t ili ofpaya ets, this Agreement will be•automatiraliy:voided. : 10. WH iivill .honor tip Agreeim m as tong as all of the desodbed conditions and requirements are Met. It at any. ttnki ,yo ' it to comply with any of the provisions of this Agroement, this Agmament will be considered null and void ai d are will resume famolosure. 11. If the A&iftnent is canoe IA. ftm inated, or rescarrdad for any reason, all funds received will':le applied to J ?%tit1i taritt atiil.;AD not be rtfinidbd. ;13. It is eitproiislyli i rstood and agreed "tliaftk default is no;-cared or viewed by acceptariCe gf anyrn Ties'' - a Mff" 04064 use if you have any questions. Pleam contact your Relations up Manager, Mw*a Watkins at 1-877-9284622' exbmWoti 8745586 betwoen the hours of 5:00 am and 9:00 pm cents! tune Monday through Friday. If your agent is not available one of their team-members will assist you. IAM Modification Department Noticei NW &M lave requires that we advise you &at this notice is from it debt collector atteotptibg to collect on -s debt and MW information obtained will be used for that purpose only, M005 i? Pax to. 1-866-7M4744 -3. ..__._.._,.............. ?.. •. - Case ID: 120204064 Paul Elcock, Esq. SBN 310403 CONSUMER PROTECTION ASSISTANCE COALITION, INC., (DE) A Not for Profit Legal Clinic 121 Ardmore Avenue, Ardmore PA 19003 Telephone: (646) 796-7797 Facsimile: (610) 649-1858 Attorney for Plaintiffs, TERRY HERTZLER and CHRISTINE HERTZLER C7 r-.,? `:7:ro rn ? a? z cis r w -ter _ . ?? _ ° CDP C c . + . -r, ?. C) Fri z COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA TERRY HERTZLER CHRISTINE HERTZLER Plaintiffs Court of Common Pleas Civil Division VS. GMAC MORTGAGE, LLC; HOMECOMINGS FINANCIAL, LLC f/k/a HOMECOMINGS FINANCIAL NETWORK INC.; U.S. BANK NATIONAL ASSOCIATION as indenture trustee for the registered holders of MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-S9 Defendants. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY No: 11-6344 EMERGENCY PETITION FOR PRELIMINARY INJUNCTION AND NOW, comes Plaintiffs, TERRY HERTZLER and CHRISTINE HERTZLER (hereinafter referred to as "Plaintiffs") by their attorney, Paul D. Elcock for Consumer Protection Assistance Coalition and hereby submits the following Petition for Preliminary Injunction and alleges as follows: 1 w A. PARTIES 1. Plaintiffs TERRY HERTZLER and CHRISTINE HERTZLER allege that at all relevant times herein, Plaintiffs were individuals residing at 2706 East Rosegarden Boulevard, Mechanicsburg, PA 17055 in the County of Cumberland, State of Pennsylvania. 2. Defendant GMAC MORTGAGE, LLC (hereinafter referred to as "GMAC") is a corporation principal place of business at 7 Carnegie Plaza, Cherry Hill, New Jersey 08008 and which, at all relevant times, was doing business in Cumberland County, Pennsylvania as a Mortgaging Servicing Company or loan servicer and served as successor in interest to Homecomings Financial, LLC. Defendant GMAC has offices in 353,5 Market Street, Philadelphia PA 19104. 3. Defendant HOMECOMINGS FINANCIAL, LLC f/k/a HOMECOMINGS FINANCIAL NETWORK INC. (hereinafter "HOMECOMINGS") is a corporation which, at all relevant times, was doing business in Cumberland County, Pennsylvania as a real estate financial lender or loan servicer. GMAC engaged in the business of mortgage lending real estate servicing/transactions, and is beneficiary and/or assignor of Mortgage as it pertains to this complaint, is a successor in interest to HOMECOMINGS. 4. Defendant U.S. BANK NATIONAL ASSOCIATION (hereinafter "U.S. Bank) as indenture trustee for the registered holders of MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-59 is a Trustee which, at all relevant times, was doing business as a real estate financial lender or loan servicer. B. FACTS 5. Plaintiffs, at all times relevant to this Complaint, were the owners of the real property commonly known as 2706 East Rosegarden Boulevard, Mechanicsburg, PA 17055. This property will hereinafter be referred to as "Subject Property." Plaintiff purchased the Subject Property in about August, 1998. 6. On or about May 10, 2007 Plaintiff executed a Mortgage and Note for the sum of $160,000.00 through a 30 year loan with an interest rate of 6.125%. Plaintiff also took out a second mortgage in the sum of $20,000 with Citi Financial.. The lender on the 0 Mortgage was 2 Z.2 Defendant HOMECOMINGS. The Trustee was LSI TITLE COMPANY. 7. As early as late 2009, Plaintiffs began suffering severe financial hardships as Plaintiff's retirement healthcare benefits were discontinued and due to physical health issues requiring surgery Plaintiff had to discontinue delivery business. Plaintiff Ms. Hertzler had her work hours reduced in mid 2009 in order to keep her job and healthcare coverage. Plaintiff's responsibly sought assistance with GMAC as they began to experience difficulties paying the mortgage, however while being assured that GMAC would be able to work with them they were met with solutions that were at best unreasonable or temporary. Plaintiffs overall monthly mortgage payments approximated to $1,200. After missing several mortgage payments Plaintiff's sought assistance from the National Mortgage Help Center and again contacted GMAC seeking help in modifying their loan. 8. On January 13, 2011 Defendant GMAC communicated to Plaintiffs via written letter enclosing a Non-HAMP Loan Modification Agreement. GMAC's Modification Agreement set out terms that included an interest rate of 5.0000% and pertained solely to Plaintiff s 2nd Mortgage. There was no mention of or accompanying paperwork to address Plaintiff s initial and financially burdensome Mortgage of $160,000. Thus Plaintiffs did not sign or agree to Defendant GMAC Loan Modification Agreement as said agreement did not present a financially feasible means for them to reduce their overall payments. 9. On or about March 25, 2011 subsequent to the signing of the Mortgage and Note, Mortgage Electronic Registration Systems, Inc, hereinafter "MERS" incorporated as nominee for HOMECOMINGS, in capacity of Assignor and holder of the Mortgage hereinafter mentioned executed and ratified an Assignment of Mortgage to U.S. Bank which was designated the Trustee of RFMSI SERIES 2007-S9 TRUST. Consequently U.S. Bank became the Mortgagee of record. 10. On or around the beginning of August, 2011 Plaintiffs through working with the U.S. Department of Housing and Urban Development (HUD) were able to come to a settlement on the 2nd Mortgage which involved them making a final payment of $3,000. While the settlement served to ultimately reduce their debt Plaintiffs were still in financial turmoil due to their inability to make their monthly payments on the 1St mortgage. Defendant GMAC made no further communications or indications regarding modifications for Plaintiff expressed desire to modify and reduce payments on the remaining mortgage. As a result of their lack of advising or timely communication Plaintiffs were left in limbo and were in a state inaction. 11. On or around August 8, 2011 Plaintiffs received the first of what would be many notices from Defendants GMAC and U.S. Bank in what can be described as a tag team effort of harassment, unsettling threats of foreclosure, assurances that modifications were underway along with multiple requests for documents that were unnecessary and duplicitous and served as a delay tactic. 12. Defendants on August 8, 2011 sent to Plaintiffs a notice/attempt to collect the outstanding debt of the full amount due on the property. While the letter purported to allow Plaintiffs the courtesy to offer a written dispute to the validity of the debt, as this was not an express requirement Defendants just two days later on August 10, 2011 filed and served a Mortgage foreclosure Complaint against Plaintiffs. 13. Plaintiffs again promptly contacted GMAC in an attempt to negotiate a loan modification pursuant to RAMP. Due to the recent financial hardships, loss in wages due to injury and inability to make the current mortgage payments Plaintiffs met all the requirements for the HAMP program and submitted a hardship letter. 14. Defendants GMAC communicated with Plaintiffs via 3 separate letters in September making assurances that they would get back to plaintiffs within 20 days, assigning a Relationship Manager, assuring that the loan modification request was being processed and that upon qualifying Plaintiffs would be provided with "affordable" monthly payments on their mortgage loan for a trial period. However on October 5, 2011 GMAC denied Plaintiffs loan modification for the unfounded explanation that Plaintiffs "current monthly housing expense was less than or equal to 31 % of their gross monthly income," but assured that their account was in review for another workout. Then just two days later in a letter dated October 7, 2011 GMAC inexplicably and insensibly informed Plaintiffs that their recent loan modification request was being denied because their, "loan had been previously modified, unable to offer another modification,". The offered explanation was completely false as Plaintiffs had not at any time had their loan 4 previously modified under HAMP, as such said letter amounted to yet another pretext and deceptive tactic by Defendant to delay the process and deny Plaintiffs request. Notably stated in almost all of the correspondence letters from GMAC was the statement that `foreclosure would not be pursued and that Plaintiffs would not lose their homes' during the interim 30 day waiting periods. All aforementioned correspondence from GMAC dated September 21, 2011, September 22, 2011, October 5, 2011 and October 7, 2011 regarding extensions and denial of Plaintiffs loan modification. 15. As a result of GMAC's continued denial of loan modification program and failure to timely grant a HAMP modification, defendant U.S. Bank continued its foreclosure proceedings against Plaintiffs unabated, all in violations of the HAMP guidelines and protections against such. On September 21, 2011 and October 11, 2011 Plaintiffs were served with Notices of Default initiated by Defendant U.S. Bank for failure to assert defenses against the foreclosure complaint. On or around November 2, 2011 a judgment was entered against Plaintiffs in the subject property. Plaintiffs received correspondence notices advising that Plaintiff s property was scheduled for a Sheriffs sale on March 7, 2012. 16. While U.S. Bank was proceeding with their foreclosure action against Plaintiffs, Defendant GMAC maintained communications with Plaintiffs in the form of what turned out to be insincere representations that they continued to seek favorable HAMP modifications for Plaintiffs as their requests were being processed. GMAC continued to make repeated requests that Plaintiffs send the required documentation and assured that they were working diligently, only to once again wrongfully deny Plaintiffs a HAMP modification again citing the explanation that their current monthly housing expense was less than the 31% of their monthly income. Defendant GMAC's duplicitous and misleading conduct was perhaps most blatantly transparent when on December 7, 2011 they approved Plaintiffs for a TPP Agreement but stipulated that the amount of the 3 monthly payments would be $1,273.15. 17. Defendants U.S. Bank and GMAC were fully aware that Plaintiffs monthly payment amounts, amounts that were too high and lead to their financial inability to meet the scheduled payments, were around $1,200. Thus Defendant's TPP proposal, which was granted 5 r after months of unnecessary repeated requests for documents, amounted to a wholly unreasonable and impractical attempt that positioned Plaintiffs in the very same position they were in and that lead to the current litigation. Plaintiff as such did not sign the agreement, and submitted yet again their financial documents for yet another round of attempts at getting the deserved HAMP loan modification from Defendants. 18. In a February 28, 2012 letter GMAC acknowledged the most recent application and assured that upon approval Plaintiff would given `affordable' mortgage payments. On March 5 2012, GMAC sent Plaintiffs a letter requesting additional financial information. The March 7tn Sheriff sale date was modified and is has now been scheduled for May 2, 2012. C. MATTERS IN DISPUTE 19. Plaintiffs contend that Defendant's delay tactics and failure to negotiate fairly or comply with the mandates of HAMP was an unquestionable breach of their duty of good faith and fair dealing. Plaintiffs have suffered economically and been subject to increase fees, taxes due to Defendants unscrupulous delay tactics. 20. Following Plaintiffs most recent rejection of the Defendant's unreasonable Trial Payment Plan, Consumer Protection Assistance Coalition (CPAC) on behalf of Plaintiffs resubmitted to GMAC an application along with a financial package and proposal containing updated tax information, expenses all for consideration for a more feasible HAMP loan modification. Defendant GMAC accepted the financial package and is currently in the process of reviewing it. 21. The HAMP directives mandate specific protections for borrowers applying for modifications, namely that they are protected against foreclosure both during the time when the borrower is being evaluated for a permanent modification and during the trial period. However Defendant U.S. Bank has continued its foreclosure proceedings against Plaintiffs unabated, such that there is a scheduled Sheriff sale on Plaintiffs property on May 2, 2012. 22. If U.S. Bank is permitted to proceed with the sheriff sale on the property, Plaintiffs Terry and Christine Hertzler will suffer immediate and irreparable harm, which harm cannot be compensated in money damages. A sheriff sale would result in irreparable harm and numerous 6 injustices including but not limited to: a. Preventing and thus interfering with the Federally mandated processes of the HAMP programs, procedures designed to service and assist the Hertzlers to renegotiate for reduced loan payments. b. Preventing both parties from a fair opportunity to maximize all options in terms of negotiating an affordable modification while Defendants review most recent financial package submitted by CPAC advocates for Plaintiffs. Defendants have already proposed an albeit unreasonable Trial Payment Plan that was unfeasible and thus rejected, but they can surely modify and put forth an affordable one. c. Preventing Defendants GMAC and U.S. Bank, both of whom accepted billions of dollars in TARP funds and bailout money, from not fulfilling their obligations under the HAMP directives to maximize assistance for homeowners and to exhaust all remedies to minimize foreclosures. d. Allowing Defendants to circumvent and thus violate the very explicit HAMP prohibitions against improperly instituted and/or continued foreclosure on Plaintiff s residence while borrower is being evaluated for a permanent modification and awaiting a decision. e. Allowing Defendants GMAC and U.S. Bank to profit unfairly through capitalizing on the controversial and unscrupulous financial incentives (collecting additional late fees, taxes, inspection fees, attorney's fees etc) that make it more profitable for mortgage servicers such as Defendant GMAC to both delay and deny loan modifications to applicants by keeping mortgages in a state of default or distress thereby pushing homes toward foreclosure. f. Subjecting potential future buyers of the home in question to be tied up in ongoing litigation given the fact that Plaintiffs Terry and Christine Hertzler filed a separate `Complaint' against named Defendants GMAC and U.S. Bank, Defendants responded filing `Preliminary Objections' and Plaintiffs have most recently filed a `Response' all over said property in the Philadelphia Court of 7 Common Pleas. g. Forcing Plaintiffs to suffer a gross injustice as they will be rendered homeless when they are perfectly willing and ready to renegotiate with Defendants for affordable mortgage payments and receive a fair and deserved assessment for such since they are the intended 3`d party beneficiaries to the contract between GMAC and U.S. Bank and the U.S Treasury that was entered into pursuant to and under the direction of TARP. 23. If the requested injunction is granted, the Plaintiffs Terry and Christine Hertzler will continue to reside in their home of over 14 years and will make genuine and concerted efforts to work with Defendants and will honor their commitment to pay their reasonable mortgage payments. If the injunction is not granted, the resulting injury to Plaintiffs will be irreparable and greater than any harm that would be suffered by the million dollar corporations known as GMAC and U.S. Bank. 24. The granting of this requested injunction will serve to preserve the status quo. Plaintiffs as eligible at-risk homeowners pursuant to the mandates of the HAMP program have a clear right to relief while negotiations are pending, and there is a substantial likelihood of success on the merits of its property dispute with GMAC and U.S. Bank, as is more fully set forth in Plaintiffs Complaint for contractual violations, filed in the Philadelphia Court of Common Pleas. WHEREFORE, Plaintiffs Terry and Christine Hertzler humbly requests that this Court issue forthwith against Defendant U.S. Bank a Temporary Restraining Order and/or Preliminary Injunction enjoining the Sheriff Sale on the Subject Property presently scheduled for Wednesday, May 2nd 2012. Respectfully Submitted Jq / 3012r a Date Paul D. Elcock, Esquire PA ID #310403 Consumer Protection Assistance Coalition Attorneys for Plaintiffs COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA VERIFICATION I, Christine Hertzler, being duly sworn to law, hereby state that I am the Plaintiff and I am authorized to make this Verification and that the averments of facts set forth in the foregoing Petition for Preliminary Injunctive Relief are true and correct to the best of my knowledge, information and belief. /'I Christine Hertzler Plaintiff Date: 4_.J0 -1.2- COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA VERIFICATION I, Terry Hertzler, being duly sworn to law, hereby state that I am the Plaintiff and I am authorized to make this Verification and that the averments of facts set forth in the foregoing Petition for Preliminary Injunctive Relief are true and correct to the best of my knowledge, information and belief. Terry Hertzler Plaintiff ,, Date: c/ r ? 0, 1 ?-- COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA l / _ G3p>?? VERIFICATION M CD a c? Fri ? w I, Christine Hertzler, being duly sworn to law, hereby state that I am the Defendant and I am authorized to make this Verification and that the averments of facts set forth in the foregoing Response & Memorandum Supporting Response to Plaintiff's Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. \S\ Christine Hertzler Defendant Date: Y--do-o- COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA VERIFICATION rr1 rn M" --V rnr= -? ,c C C-- -4 I, Terry Hertzler, being duly sworn to law, hereby state that I am the Defendant and I am authorized to make this Verification and that the averments of facts set forth in the foregoing Response & Memorandum Supporting Response to Plaintiff's Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. Date: q-30 I \s\ Terry Hertzler Defendant 0? Paul Elcock, Esq. SBN 310403 Consumer Protection Assistance Coalition, Inc. 121 Ardmore Avenue, Ardmore PA 19003 Telephone: (646) 796-7797 Facsimile: (610) 649-1858 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY HERTZLER CHRISTINE HERTZLER Plaintiffs vs. GMAC MORTGAGE, LLC; HOMECOMINGS FINANCIAL, LLC PWa HOMECOMINGS FINANCIAL NETWORK INC.; U.S. BANK NATIONAL ASSOCIATION as indenture trustee for the registered holders of MULTI-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-S9 Defendants. Civil Division Court of Common Pleas 3 rn? z? D C) ? _X D CUMBERLAND COUNTY Case No: 11-6344 N a -•c rv mc N r?vt? V 4 PRAECIPE TO WITHDRAW PLAINTIFF'S EMERGENCY PETITION FOR PRELIMINARY INJUNCTION And now Plaintiffs Terry Hertzler and Christine Hertzler by their Attorney, Paul D. Elcock for Consumer Protection Assistance Coalition respectfully request that this honorable rw C 71. ?y court hereby withdraw Plaintiff's Emergency Petition for Preliminary Injunction to enjoin Defendants from conducting a sheriff sale on the Subject Property located at 2706 East Rosegarden Boulevard, Mechanicsburg, PA 17055. The Emergency Petition was previously filed on May 1't, 2012. Plaintiffs have since learned and Attorneys for Defendants have concurred that the Sheriff sale has been postponed till July 11, 2012. WHEREFORE, Plaintiffs respectfully request that this Honorable Court withdraw the Emergency Petition as requested. DATE: / I 1 By: i _ Paul D. Elcock, Esquire ATTORNEY FOR PLAINTIFF t i ' U.S. BANK NATIONAL : IN THE COURT OF COMMON PLEAS OF ASSOCIATION AS A TRUSTEE: CUMBERLAND COUNTY, PENNSYLVANIA FOR RFMSI 200759 Plaintiff V. : CIVIL ACTION - LAW CHRISTINE M. HERTZLER TERRY L. HERTZLER, Defendants NO. 11-6344 CIVILTERM IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 15'h day of June, 2012, upon consideration of Plaintiff's Motion To Reassess Damages and Defendant's Response to Plaintiff's Motion To Reassess Damages, a hearing is scheduled for Thursday, August 2, 2012, at 2:00 p.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Melissa J. Cantwell, Esq. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 /Joseph P. Schalk, Esq. 126 Locust Street Harrisburg, PA 17101 Attorneys for Plaintiff r Christylee L`. Peck, J. _ V Paul D. Elcock, Esq. Consumer Protection Assistance Coalition 121 Ardmore Avenue Ardmore, PA 19003 Attorney for Defendants Terry L. Hertzler, Sr. Christina M. Hertzler 2706 E. Rosegarden Blvd. Mechanicsburg, PA 17055 C'V p e---, $ l eW /L/? L C ° -? M. Z G -- Tq r- = r ? f ca Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 ? G .? a -.? One Penn Center Plaza N ' Philadelphia, PA 19103 - 215-563-7000 U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS AS A TRUSTEE FOR RFMSI 2007S9 CIVIL DIVISION Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants : NO. 11-6344 CIVIL TERM CUMBERLAND COUNTY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hainan & Schmieg, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 involved herein has been scheduled for July 11, 2012. 2. Plaintiff has requested a postponement of sale to allow Defendants' counsel appropriate time to respond to the Plaintiff's recent loss mitigation decision. 3. A one month postponement of the Sheriffs sale will provide Defendants' counsel time to complete any response deemed appropriate. 4. Unless the Court grants this Motion to postpone the Sheriff Sale, the Plaintiff will have to re-advertise the property to comply with Pa.R.C.P. 3129.2 which will result in additional costs to the parties. PHS # 265286 5. A brief postponement of the Sheriffs Sale will not prejudice Defendants and in fact, inure to their benefit. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel attempted to reach Defendants' counsel, PAUL ELCOCK, ESQUIRE, via telephone on July 6, 2012 at (866) 773-7864 and left a voice message. Plaintiffs counsel attempted to reach Defendants' counsel, PAUL ELCOCK, ESQUIRE, via telephone on July 6, 2012 at (866) 773- 7864 and left a voice message. Defendants' counsel has not responded. 7. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Christylee L. Peck entered an order scheduling argument for Plaintiff s Motion to Reassess Damages dated 06/15/2012. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged be continued to August 8, 2012. Z P Ian Hallin & Schmieg, LLP Date: July 6, 2012 Me issa . Cantwell, Esq., Id. 0.308912 Attorney for Plaintiff PHS # 265286 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff : CIVIL DIVISION V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants : COURT OF COMMON PLEAS NO. 11-6344 CIVIL TERM CUMBERLAND COUNTY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sale of real property by special order of Court. In the case sub judice, a Sheriff s Sale of the mortgaged premises known as 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 has been scheduled for July 11, 2012. Inasmuch as the postponement will inure to the benefit of the Defendants, Defendants will not be injured by the granting of the relief requested. WHEREFORE, Plaintiff respectfully requests a one month continuance of the Sheriffs Sale of the mortgaged premises to the August 8, 2012 Sheriff's Sale. Phelan Hallinan Schmie P Date: July 6, 2012 By: Melissa J. Cantwell, Esq., I 08912 Attorney for Plaintiff Attorney for Plaintiff PHS # 265286 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Attorney for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants NO. 11-6344 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to individuals indicated below on July 6, 2012. CHRISTINE M. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 PAUL ELCOCK, ESQUIRE Consumer Protection Assistance Coalition, Inc. 121 Ardmore Avenue Ardmore, PA 19003 Phelan Ha n & Schmie , LLP Date: July 6, 2012 By e ' Cantwell, Esq., . 308912 Attorney for Plaintiff PHS # 265286 2012 JUL 1 0 PM 2: i " CUMERLAND COUNT",," PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants COURT OF COMMON PLEAS : CIVIL DIVISION NO. 11-6344 CIVIL TERM CUMBERLAND COUNTY ORDER AND NOW, this / C day of July 2012, after consideration of Plaintiff s Motion to Postpone Sheriff s Sale of the mortgaged property, it is hereby ORDERED that the sale of 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 is postponed one month/ to the Sheriff s Sale scheduled for August 8, 2012. No further advertising or additional notice to lienholders or Defendants is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: J. PHS # 265286 DISTRIBUTION LEGEND ? JOSEPH SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 Phelan Hallinan & Schmieg, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (215) 563-8656 Joseph. Schalk@fedphe.com CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 PAUL ELCOCK, ESQUIRE Consumer Protection Assistance Coalition, Inc. 121 Ardmore Avenue Ardmore, PA 19003 e9r; e-s mx,. lei -71 gfi?L PHS # 265286 COR 1 4'ROTHoNOTAkl' 2011 JU1^ 19 AM 9: 52 CUPfNSTY NYLVAN A Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County CHRISTINE M. HERTZLER No.: 11-6344 CIVIL TERM TERRY L. HERTZLER Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on March 2, 2012 in the above referenced action. P DATE: ? By: -2A* Melissa J. Cantwell, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff vs. ATTORNEY FOR PLAINTIFF Court. of Common Pleas Civil Division CUMBERLAND County CHRISTINE M. HERTZLER No.: 11-6344 CIVIL TERM TERRY L. HERTZLER Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Paul Elcock, Esquire 121 Ardmore Avenue Ardmore, PA 19003 CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 Phelan Halli an & Schmieg, LLP DATE: l By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 26528( U.S. BANK NATIONAL : IN THE COURT OF COMMON PLEAS OF ASSOCIATION AS A TRUSTEE: CUMBERLAND COUNTY, PENNSYLVANIA FOR RFMSI 200759 Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER, Defendants : CIVIL ACTION - LAW NO. 11-6344 CIVILTERM IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 19th day of July, 2012, upon consideration of the attached from Melissa J. Cantwell, Esq., attorney for Plaintiff, the hearing previously scheduled this matter for August 2, 2012, at 2:00 p.m., is cancelled. BY THE COURT, Melissa J. Cantwell, Esq. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 - T Christyl L. Peck, J. r n F', r ?- co ? Paul D. Elcock, Esq. Consumer Protection Assistance Coalition 121 Ardmore Avenue Ardmore, PA 19003 Attorney for Defendants ?Terry L. Hertzler, Sr. Christina M. Hertzler 2706 E. Rosegarden Blvd. Mechanicsburg, PA 17055 eap;e-5 iKa,'1d '(1q/rte 4z-c" Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New J July 18, 2012 The Honorable Christylee L. Peck Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 v. CHRISTINE M. HERTZLER and TERRY L. HERTZLER CUMBERLAND County CCP, No. 11-6344 CIVIL TERM Dear Judge Peck, Enclosed please find a copy of Plaintiff s Praecipe to Withdraw Motion to Reassess Damages which is being sent for filing with the Prothonotary. Accordingly, Plaintiff respectfully requests that Your Honor cancel the hearing scheduled on this matter for August 2, 2012 at 2:00 pm. Very truly yours, Melissa .I. Cantwell, squire Attorney for Plaintiff Enclosure cc: Paul Elcock, Esquire CHRISTINE M. HERTZLER TERRY L. HERTZLER I? 265286 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County CHRISTINE M. HERTZLER No.: 11-6344 CIVIL TERM TERRY L. HERTZLER Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on March 2, 2012 in the above referenced action. P elan Ha linan &?ieg LLP DATE: By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 265 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County CHRISTINE M. HERTZLER No.: 11-6344 CIVIL TERM TERRY L. HERTZLER Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Paul Elcock, Esquire 121 Ardmore Avenue Ardmore, PA 19003 CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 * DATE: U By. 1 PC7= Melissa J. Cantwell, Esquire Attorney for Plaintiff 2652186 Phelan Hallinan & Schmieg, LLP i `r L ROT oNaT ttrney for Plaintiff John Michael Kolesnik, Esq., Id. No.3088N12 JUL 30 AM 9' 23 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 P'ENNSYLVANiA 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 : COURT OF COMMON PLEAS Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants : CIVIL DIVISION : NO. 11-6344 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the July 10, 2012 Court Order in regards Plaintiff's Motion to Postpone was sent via first class mail to the following individuals on the date indicated below. CHRISTINE M. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 R. THOMAS KLINE, SHERIFF OFFICE OF THE SHERIFF 1 COURTHOUSE SQUARE CARLISLE PA 17013 TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 PAUL ELCOCK, ESQUIRE, ESQUIRE CONSUMER PROTECTION ASSISTA COALITION, INC. 121 ARDMORE AVENUE ARDMORE, PA 1.9003 Phelan Hallinan & Schmieg, LLP Date: July 27, 2012 By: John a olesnik, Esq., Id. No.308877 rney for Plaintiff Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff V. Attorney for Plaintiff rIF OT ONOTAR 2 12 AUG - 6 AM 9: 4 3 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-6344 CIVIL TERM CHRISTINE M. HERTZLER CUMBERLAND COUNTY TERRY L. HERTZLER Defendants MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 involved herein has been scheduled for August 8, 2012. 2. Plaintiff has agreed to enter into settlement negotiations with the Defendants to possibly resolve the mortgage default. 3. A two month postponement of the Sheriffs sale will enable Plaintiff and Defendants to complete negotiations. 4. Unless the Court grants this Motion to postpone the Sheriff Sale, the Plaintiff will have to re- advertise the property to comply with Pa.R.C.P. 3129.2 which will result in additional costs to the parties. 5. A brief postponement of the Sheriffs Sale will not prejudice Defendants and will, in fact, inure t their benefit. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel attempted to reach Defendants' counsel, PAUL ELCOCK, ESQUIRE, via telephone on August 3, 2012 at (866) 773-7864 and left a voice in Defendants' counsel has not responded. PHS # 265286 7. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Christylee L. Peck entered an order for a motion to postpone sheriff's sale dated July, 10" 2012. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to October 3, 2012. Phelan Hallinan c i , Date: August 3, 2012 iso . Wells, Esq., Id. No.309519 Attorney for Plaintiff PHS 9 265286 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A COURT OF COMMON PLEAS TRUSTEE FOR RFMSI 2007S9 CIVIL DIVISION Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice, a Sheriffs Sale of the mortgaged premises known as 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 has been scheduled for August 8, 2012. However, a two month postponement is requested in order to attempt a resolution the default. Inasmuch as the postponement will inure to the benefit of the Defendants, Defendants will not be inj by the granting of the relief requested. WHEREFORE, Plaintiff respectfully requests a two month continuance of the Sheriffs Sale of NO. 11-6344 CIVIL TERM CUMBERLAND COUNTY the mortgaged premises to the October 3, 2012 Sheriff s Sale. Date: August 3, 2012 Phelan Hallatf$r 86mieg, LLP Attorney Esq., Id. No.309519 PHS # 265286 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS A COURT OF COMMON PLEAS TRUSTEE FOR RFMSI 2007S9 CIVIL DIVISION Plaintiff NO. 11-6344 CIVIL TERM V. CUMBERLAND COUNTY CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individuals indicated below on August 3 2012. CHRISTINE M. HERTZLER PAUL ELCOCK, ESQUIRE 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 121 Ardmore Avenue ROSEGARDEN BOULEVARD Ardmore, PA 19003 MECHANICSBURG, PA 17055-5309 TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 _ LLP Date: August 3, 2012 y: Allison . Wells, Esq., Id. ornev for Plaintiff 09519 PHS # 265286 _ i- J } _ b? ?_• AL?.sJ tJt b EV4_ 21312 AUG -7 PM Z: 53 CUMBERLAND COUIN ",r; PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 200759 Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-6344 CIVIL TERM CUMBERLAND COUNTY O DER AND NOW, this day of August 2012, after consideration of Plaintiff s Motion to Postpone Sheriff s Sale of the mortgaged property, it is hereby ORDERED that the sale of 2706 EAST ROSEGARDEN BOULEVARD, AWA 2706 ROSEGARDEN BOULEVARD, MECHANICSBURG, PA 17055-5309 is postponed two months to the Sheriffs Sale scheduled for October 3, 2012. No further advertising or additional notice to lienholders or Defendants is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: r?tk z PHS # 265286 DISTRIBUTION LEGEND JOSEPH SCHALK, ESQUIRE ATTORNEY I.D. NO. 91656 Phelan Hallinan & Schmieg, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (215) 563-8656 Joseph.Schalk@fedphe.com ? CHRISTINE M. HERTZLER TERRY L. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 PAUL ELCOCK, ESQUIRE Consumer Protection Assistance Coalition, Inc. 121 Ardmore Avenue Ardmore, PA 1900033 lei 7 PHS # 265286 ii- i t. u r ? ;- Attorney for Plaintiff Phelan Hall'nan & Schmie , LLP c g PROTHONOTA John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 2012 AUG 22 AM 40: 27 One Penn Center Plaza Philadelphi , PA 19103 CUMBERLAND COUNTY 215-563-70?0o PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS A TRUSTEE FOR RFMSI 2007S9 Plaintiff V. CHRISTINE M. HERTZLER TERRY L. HERTZLER Defendants : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 11-6344 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION OF SERVICE thereby certify that a true and correct copy of the August 7, 2012 Court Order in regards to Plaintiff's Motion to Postpone was sent via first class mail to the following individuals on the date indicated below. CHRISTIN? M. HERTZLER 2706 EAST, ROSEGARDEN BOULEVARD, A/K/A 2700 ROSEGARDEN BOULEVARD MECHANIC SBURG, PA 17055-5309 TERRY L. "ERTZLER 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2700 ROSEGARDEN BOULEVARD MECHANIICSBURG, PA 17055-5309 TERRY L. ERTZLER 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 270ROSEGARDEN BOULEVARD MECHANIC SBURG, PA 17055-5309 R. THOMAS K:LINE, SHERIFF OFFICE OF THE SHERIFF 1 COURTHOUSE SQUARE CARLISLE PA 17013 Paul Elcock, Esquire, ESQUIRE 121 Ardmore Avenue Ardmore, PA 19003 CHRISTINE M. HERTZLER 2706 EAST ROSEGARDEN BOULEVARD, A/K/A 2706 ROSEGARDEN BOULEVARD MECHANICSBURG, PA 17055-5309 Phelan Hallinan & Schmieg, LLP Date: Mgust 21, 2012 By: L Jo is ael Kolesnik, Esq., Id. No.308877 ornev for Plaintiff