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HomeMy WebLinkAbout11-7680 -7 AM Ii CUF18ERLAND U`UI' E P9EMHSYU. P-,"9I A ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHNIIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA 4 SHOEMAKER LANE MECHANICSBURG, PA 17050-1557 Defendants 272392 COURT OF COMMON PLEAS CIVIL DIVISION TERM ?f NO. -76,f C) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 272392 s ? 9.? oo pc? /? Cr# d/did q 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 #: 27239'. 1. Plaintiff is GMAC MORTGAGE, LLC 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: CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA 4 SHOEMAKER LANE MECHANICSBURG, PA 17050-1557 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/22/2009 CARL R. MALAVENDA and MELISSA M. MALAVENDA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200924651. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 272392 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2011 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. The following amounts are due on the mortgage as of 05/13/2011: Principal Balance $148,865.52 Interest $2,657.67 01/01/2011 to 05/13/2011 Late Charges $161.28 Property Inspections $22.50 Subtotal $151,706.97 Escrow Credit 419.42 TOTAL $151,287.55 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 272392 Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $151,287.55, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Attorney for Plaintiff File #: 272392 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the northern side of Shoemaker Lane (50 feet wide) at the dividing line between Lots Nos. 7 and 8 as shown on the Plan of Lots hereinafter mentioned; thence along said dividing line between Lots Nos. 7 and 8, due North, a distance of 133.83 feet to a point on the dividing line between Lots Nos. 7 and 6 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, South 87 degrees 27 minutes 19 seconds East, a distance of 200.20 feet to an iron pin marking a corner common to Lots Nos. 7,6,4 and 5 as shown on said Plan of Lots; thence along the dividing line between Lots Nos. 7 and 5 as shown on said Plan of Lots, due South, a distance of 125 feet to an iron pin on the northern side of Shoemaker Lane first mentioned above; thence along said northern side of Shoemaker Lane, due West, a distance of 200 feet to an iron pin on the same at the dividing line between Lots Nos. 7 and 8 as aforesaid, the place of BEGINNING. BEING Lot No. 7 as shown on the plan of lots entitled 'Final Subdivision Plan for John H. Walker' dated July 27, 1981, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 14. File #: 272392 BEING the same premises which L. Derick Hambright and Michelle L. Hambright, husband and wife, by their Deed dated November 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R, Volume 33, Page 499, granted and conveyed unto Carol R. Pace. The said Carol R. Pace died December 16, 2006 and Grant of Letters Testamentary were taken out to Estate Number 2006-01139 to Sandra E. Pace, Executrix of the estate and Grantor herein. PROPERTY ADDRESS: 4 SHOEMAKER LANE, MECHANICSBURG, PA 17050-1557 PARCEL # 38-14-0848-009H File #: 272392 VERIFICATION Lepketia R!Lcl%ereby states that he/she is-AjAh Q-ffi=of, GMAC MORTGAGE, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: GMAC MORTGAGE, LLC File #: 272392 Name: MALAVENDA File #: 272392 Title: A11?ofi=& Of?eer Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 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 Mario J. Hanyon, Esq., Id. No. 203993 Andrew Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff vs. C ? 2wm CD -C M b z.. Z -d O i = {tom ?, = -n (5-n Zp C5? `-4 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CARL R. MALAVENDA A/K/A CARL R. No. MALAVENDA, JR. 11-76 MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE T :j. 41 b Pd G?9 &k-4 I/z7 73 V P-if "6y5-? TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: PHELAN HALLINA EG, LLP 2 M a n, Esq., Id. No. 32227 Francis S. HaIli d. No. 62695 ? Daniel G. Schmieg, Esq., No. 62205 ? Michele M. Bradford, E q., 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 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 g9julenay 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 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 Attorneys for Plaintiff Date: November 4, 2011 /mig, Svc Dept. File# 272392 SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-C.'70- Ronny R Anderson _ ?'l Sheriff V?l1ttl?, st? _ r ? Jody S Smith of ir+nG rf Chief Deputy '1011 DEC 16 AM If': Ca a. Richard W Stewart n?ERLkid t;dT`t' Solicitor art _-?. t r PENNSYLVAMA GMAC Mortgage, LLC Case Number vs. 2011-7680 Melissa M Malavenda SHERIFF'S RETURN OF SERVICE 12/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Melissa M. Malavenda, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Melissa M. Malavenda. Request for service at 4 Shoemaker Lane, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Defendants Ex Husband advised Deputies she no longer resides at this address. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. SHERIFF COST: $43.00 December 14, 2011 SO ANSWERS, R-ONI'V R ANDERSON, SHERIFF [c? CeuntySuae SherYt. Teleosott_ lrrG Phelan Hallinan & Schmieg, LLP 'Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah--Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 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 Mario J. Hanyon, Esq., Id. No. 203993 Andrew Marley., Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesn ik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC MORTGAGE, LLC Plaintiff VS. CARL R. MALAVENDA A/K/A CARL, R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA Defendants ?R7tiflN0lfifk`r 20` 12 FEB - I AN 9: S 3 = LlIMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY No. 11-7680 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE CJ? tv? tl 7 S a '? ?6 Lt ..TO THE PROTHONOTARY: w Kindly reinstate the Civil Action in.-Mortgage Foreclosure with reference to the above captioned matter. PHELAN AN & SCHMIEG, LLP By: ? L ence 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 1. 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 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew Marley, Esq., Id. No. 312314 ? bert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: January 11, 2012 /tam, Svc Dept. File# 272392 SHERIFF'S OFFICE OF CUMB Ronny R Anderson Sheriff ?g0,tr n1 `rc6crf,??? Jody S Chief Deputy is Richard W Stewart Solicitor OFFICE OF SyERIFF ERLAND COUNTY w iL' U-0? t CL p?G?TNDN{lTA'rL 2012 FEB 14 AM t0? 01 CUMBERLAND COUNT PENNSYLVANt A GMAC Mortgage, LLC Case Number vs. 2011-7680 Melissa M Malavenda SHERIFF'S RETURN OF SERVICE 02/03/2012 05:15 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Melissa M. Malavenda, by making known unto herself personally, at 1136 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM B CK, DEPUTY SHERIFF COST: $48.00 February 08, 2012 SO ANSWERS, (5Z RON R ANDERSON, SHERIFF !oj CouhtySuite Sheriff. Teleosoft, lix FILED-OFFICE PHELAN HALLINAN & SCHMIEG, LLb-11 THE FROTH ONO TARXttorney for Plaintiff Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 2012 MAY 21 AM 9` 4? One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 GMAC Mortgage, LLC VS. Carl R. Malavenda A/K/A Carl R. Malavenda, Jr. Melissa M. Malavenda A/K/A Melissa Malavenda 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 MELISSA M. MALAY NDA A/K/A MELISSA MALAVENDA, Defendant 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 TOTAL $151,287.55 $151,287.55 I hereby certify that (1) the Defendant's last known address is 1136 MOUNTAIN RD, NEWBURG, PA 17240-9140, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. , A A Date S 11 t DAMAGES ARE HEREBY DATE: ;? I b.PL ASSESSED AS INDICA' PHS k 272392 . Cumberland County . Court Of Common Pleas . Civil Division . No. 11-7680 Civil Term ,balk, Esquire w.A sj?-SO for Plaintiff µ 114C461 r'Nek4 ARY 272392 (Rule of Civil Procedure No. 236) Revised GMAC Mortgage, LLC VS. Carl R. Malavenda A/K/A Carl R. Malavenda, Jr. Melissa M. Malavenda A/K/A Melissa Cumberland County . Court Of Common Pleas . Civil Division . No. 11-7680 Civil Term Malavenda Notice is given that a Judgment in the above captioned matter has been entered against you on '5?w By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Joseph Schalk, 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 ANYINFORMATIONOBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 272392 PHELAN HALLINAN & SCHMIEG, LLP Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC Mortgage, LLC VS. Attorney for Plaintiff Cumberland County Court Of Common Pleas Carl R. Malavenda A/K/A Carl R. Civil Division Malavenda, Jr. Melissa M. Malavenda A/K/A Melissa No. 11-7680 Civil Term Malavenda . AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that Plaintiff is without information sufficient to determine whether the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA is over 18 years of age and resides at 1136 MOUNTAIN RD, NEWBURG, PA 17240-9140. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 272392 GMAC MORTGAGE, LLC V. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISON CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA Defendant(s) NO. 11-7680 CIVIL TERM CUMBERLAND COUNTY TO: MELISSA M. MALAVENDA, A/K/A MELISSA MALAVENDA 1136 MOUNTAIN RD NEWBURG, PA 17240-9l An DATE OF NOTICE: 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 TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By-' Dana Os v Esquire Attome =limm laintiff Phelan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 272392 X-7 t 392?- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody 3 Smith F Chief deputy Richard W Stewart Soho for MCI 4F' Tkt; S??WF GMAC Mortgage, LLC Casa Nunn vs. 2011.7880 Melissa M Matevende SHERIFF'S RETURN OF SERVICE 02/03/2012 05:15 PM - Timothy Black, Deputy Sheriff, who being duly awwom according to law, states that on Feb an 3, 2012 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, loon t within nanwd defendant, to wit: Medissa M. Mialevends, by making known unto hsraekf personally, at 1136 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same tim handing to her personally the said true and correct copy of the same. TIM SHERIFF COST: $48.00 February 08, 2012 SO ANSWERS, oil RMONRY R ANDI ia; CwtySWte ShOff. Teleoso t. ft ILI12 JUN; fA PEN Y?L..DVAN A `, PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 GMAC Mortgage, LLC 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Carl R. Malavenda a/k/a Carl R. Malavenda, Jr. Melissa M. Malavenda a/k/a Melissa Malavenda 4 Shoemaker Lane Mechanicsburg, PA 17050-1557 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-7680 Civil Term MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Since Defendant admitted the default in paragraph five of his Answer to the Complaint, summary judgment for Plaintiff is appropriate, as is further addressed in Plaintiffs attached Brief. 4. Defendant, Melissa M. Malavenda a/k/a Melissa Malavenda has failed to file an Answer to the Complaint, and Plaintiff has entered a default judgment against her. A true and correct copy of Plaintiffs Praecipe for Judgment is attached hereto, incorporated herein by reference, and marked as Exhibit H. Defendant, Carl R. Malavenda a/k/a Carl R. Malavenda, Jr. has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 6. In his Answer, Defendant failed to deny the default, amounts due, and mortgage, therefore he is deemed to have admitted all allegations of Plaintiff's Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 7. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 200924651, is attached hereto, made part hereof, and marred Exhibit A. A copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. Both documents have been redacted to remove personal account identifying information. 8. The Mortgage was assigned to Plaintiff Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Instrument No. 201124395. A true and correct copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 9. The Mortgage is due for the February 1, 2011 payment, a period in excess of sixteen (16) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 10. Defendant's default is also evidenced by Plaintiff s loan history, a redacted copy of which is attached hereto, made part hereof, and marked Exhibit G. 11. The last payment applied to the Defendant's mortgage was on or around February 4, 2011. Plaintiff applied this payment to Defendant's account for the delinquent January 1, 2011 payment, as is evidenced by the attached loan history on Defendant's account (see Exhibit G). The account remains due and owing for the February 1, 2011 payment. Furthermore, Defendant has not provided proof of any payments he might has made. 12. Plaintiff has complied with Act 6 of 1974, 41 P.S. §403(a), and Act 91 of 1983, 35 P.S. § 1680.401 c, by sending Defendant the combined notice provided for under Act 91. A copy of the combined Act notice, redacted to remove personal account information, is attached hereto, made part hereof, and marked as Exhibit E. 13. Defendant's application for Homeowners' Emergency Mortgage Assistance under Act 91 of 1983 was rejected by the Pennsylvania Housing Finance Agency ("PHFA"). A' screen print from PHFA's website reflecting its rejection of Defendant's application is attached hereto, made part hereof, and marked as Exhibit F. 14. Defendant has failed to sustain his burden of presenting facts which contradict the averments of Plaintiffs Complaint. 15. Defendant has the right to reinstate or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHIAIEG, LLP DATE: _Ia 12-1 12-- BY: Jo eph . Schalk, Esquire A ornev for Plaintiff EXHIBIT A IINIIIII IN 001 H4K Prepared By: Melody Green 20555 Victor Parkway Livonia, MI 48152 (800)226-6308 ext. 57150 Recording Requested by & When Recorded Return To: US Racordirtgs, Inc. 2925 Country Drive St. Paul, MN 55117 15802g15 Parcel Number: 38-14- 0848- 009H Premises: 4 Shoemaker Ln Mechanicsburg, /PA 17050 A IA i f t"? l9. [space Above This 11ne For ]Itecordift Dahl-- MORTGAGE I DEFINITIONS Words used in multiple sections of this document are defined below a other wo Win Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated June 22, 2009 , together with all Riders to this document. (B) "Borrower" is Carl R. Malavenda, Jr. and Melissa M. Malavenda, husband and wi fe Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. PENNSY v 1A - Single Family - Fannie M"IFraddie Mac UNIFORM INSTRUMENT WITH MERS 49 Ma uwer Financial Services VMP®-6A(PAll070e1.01 Form 30381/01 I?ll?l?ll1 Pape 1 of 1e M,tw ????(n r- Ar, 40742 01336 0373 340 0116 (D) "Lender" isQuicken Loans Inc. lender is a Corporation the State of Michigan organized and existing under the laws of lrender'saddress is 20555 Victor Parkway, Livonia, MI 48152 (E) "Note" means the promissory note signed by Borrower and dated June 22, 2009 The Note states that Borrower owes Lender One Hundred Fifty Two Thousand Four Dollars Hundred and 00/100 this debt in regular' Periodic (U.S. $152, 400. 00 )plus interest. Borrower has promised to Pay Payments and to pay the debt in full not later than July 1. 2039 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." charges and late charges (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): ? Adjustable Rate Rider Condominium Rider 0 Second Home Rider Balloon Rider Planned Unit Development Rider W1-4 Family Rider VA Rider Biweekly Payment Rider Lega 1thAtteCh2if I (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all appli ble final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, nd or t Assessments" by nail dues, es', asse sments and other charges that are imposed on Borrower association or similar organization. (K) "Electronic Finds Transfer" means any transfer of furls, other than a transaction originated cheek, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, aut me?tteedd teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (No "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proeetcis paid by any third parry (other than insurance proceeds paid under the coverages described in Section) 5) for: (i) damage to, or destruction of, the Property: (?? condemnation or other taking of all or any part of the u) Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. and interest under the (O) "Periodic Payment means the regularly scheduled amount due for (i) PrinsePd Note, plus (ii) any amounts under Section 3 of this Security Insuument. III 1111111l,M03III11111 IiA paps z of to ,rmtkd.: to ACIL"_ Form 3038 7)07 03220041336 VMP ®-GA(PA) 4070801 C_Ak?? (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or riot that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] Of Cu [fie r 1 a nd [Name of Recording Jurisdiction]: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. which currently has the address of 4 Shoe [[B ke r L n Mechanicsburg ("Property Address"): [street] [city], Pemnsylvania17050 [zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS twlds onl legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the * t: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Pro ety; and to tare any action required of Lender including, but not limited to, releasing and canceling s Security Instrument. 1111011101111=111H111111 403320041334 0233 340 0316 Form $039 1/01 VMP ®-SAWA) f07oe) 01 Pop 3 of 10 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed land has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument coveting real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Iatavd, Escrow Item, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note I and any prepayment charges and late charges dun: under the Now. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made, in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following runs, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's (check Or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Tender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment Tor partial payments in the future, but Lender is not obligated to apply such payments at the time such Paym ne nts are accepted. If each periodic payment is applied as of its scheduled due date, then Lender nee( , not Pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes Payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such finds will be applied to the 00tstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making Payments (due ruder the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: Qa) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became dun:. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent periodic payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent pafyment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the periodic payments if, and to the extent that, each payment 111,11111111,0041 11111111111 1r1i-.MffiW 0 0233 ( ' VMP ®?A(PA) t070el.01 Pape 4 of 16 ?1 Form 3038 1101 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and to as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal dire under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments; are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Uwmance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage insurance premiums in accordance with the provisions of Section 10. These items that edCoR"Escrw Items." At origination or at any time during the term of the Loan, Lender may require Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rigs under Lender any Section and pay such amount and Borrower shall then be obligated under Section 9 to repay amount. Lender may revoke the waiver as to any or all Escrow Items at any time Funds, all given ? in accordance with Section 15 and, upon such revocation, Borrower shall pay such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution Ewhose deposits are so scrow Items no later than the) time any Federal Home Loan Bank. Lender shall apply the Funds to pay the specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 1132290413WN1 3 11„ IIIIIIIINI11 ? ?. q06 0233 Page 5 of 15 Form .3039 1101 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Fluids held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no mord than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dries, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided Section 3. Borrower shall promptly discharge any lieu which has priority over this Security Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security instrument, Leader may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Leader in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," W any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Leader requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. '1 1M MU 11 i*01' 1111 I IMOds: rapt Got 18 Form 3039 1101 qo3220041336 0233 VMP ®-6AlPAi ro7ael.ot If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed this cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall t become additional debt of Borrower secured by this Security Instrument. These amounts shall bat interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon Lender to Borrower requesting payment. All insurance policies required by bender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not them due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair Property or to Pa amounts unpaid under the Note or this Security Instrument, whether or not then due. a0313700 41133 1141 111110 1n„&t,: I rap 7 of 16 Cil Form 3039 1101 VMP ®-BALPA) tozosl.of as Borrower's principal 6. Occupancy. Borrower shall occupy, establish, and use the property residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. inspections. Borrower shall not 7. Preservation, ?ntenanee and pow h of the Property; or commit waste on the destroy, damage or impair the Property, allow the property Borrower shall maintain the Property in Property. Whether or not Borrower is residing in the property, order to prevent the property from deteriorating or decreasing in value due to its condition. Unless it is Borrower shall determined pursuant to section S that repair or restoration is not economically feasible, promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. If it has Lender or its agent may make reasonable entries upon and inspections of the Property reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. Instrument. If 9. Protection of Lender's Interest In the Property and Rights Under this Security menu, methere (a) Borrower fails to perform the covenants and agreements contained in this Security is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to prated Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable its interest in the Property and/or rights under this Security Instrument. including attorneys' fees to protect its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. O?1? 340 03119 Papaa of 1e Initlak• Fonln 3039 1101 VMP 0-6A(PA) (0708).01 1111V Any amounts disbursed by bender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated ;payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a ton-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again beoomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required',Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce lob i These ((agreements are on term and conditions that are satisfactory to the mortgage incur r and the other or parties) to these agreements. 't'hese agreements may require the mortgage to make layer using of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the EAmn. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 1111 ,4Ni11II13111 ?M,.r.. V M P®-eA1PA1(070e).oi Page 9 of Is Form 3039 1101 (b) Any such agreements will not affect the rights Borrower has - if any - with raped to the Mortgage Insurance under the Homeowners Protection Ad of 1998 or any other law. 71fte rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender sball not be required to pay Borrower arty interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums segued by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fait market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and. if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be WOMEN; III Qo3330041335 0133 340 6 "tiWa: MMA VMP8.6A(PA) 1070e1.01 P,o. to of to Form 3039 1101 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender' Not a Waiv rE rig of t by ??ei payment or modification of amortization of the sums secured by this Security to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be refired to comtncm;e proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Inrterest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. snd Aagns Bound. Borrower covenants 13. Joint and Several Liability; Co-signers; and agrees that Borrower's obligations a liability shall be joint and several. However, any Borrower who co-signs this Security instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the teens of this Security Instrument or the Note without the co-signer's consent. r in Interest of Borrower who assumes Subject to the provisions of Section 18, any Successo roved b shall obtain Borrower's obligations under this Security Instrument in writing, and is app Y all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrurent shall bind (except as provided in Section 20) and benefit the a ?gns of Lender. 14. Loan Charges. a Borrower fees for services perfonm?ed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' foes, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected inyconnection with the Loan reduce the permitted limits, that: (a) any such loan charge shall be reduced b the amount necessary charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitt d limits will be refunded to Borrower. Lender may choose to make this refunnd by reducing the P P owed under the Note or by making a direct payment tto Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment any prepayment charge (whew or not a Prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in wrist . Any notice to Borrower in connection with this Security Instrument shall be deemed to 11 I IINIIIIII?IB htw.: 107990011336 0977 3?0 11r.e P?9a tt or to Form 3039 1/01 VMP ®-WPA) 10708) of have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly acquires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to lager. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for repotting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Seve ndAty; Rules of Constmetion. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a BemflcW Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Leader may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiuther notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or NII 111101111MI1N Q03720041336 0233 340 1716 INtia4: VMP®-BA(PA) (0708).01 Page 12 of 18 Farm 3039 1101 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting bender's interest in the Property and rights antler this Security Instrument; and (d) takes such action as Lender may reasonably rogrrire to assure that Leader's interest in the Property and rights under this Security hsstrumem, and Borrower's obligation to pay the sums secured by this Security Instrument. shall continue rarchanged. Lender may r egaire that Borrower pay such reinstatement sums and expenses in oce ar more of the following forms, as selected by bender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and themfter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrumuent, until such Borrower or bender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which most elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 1I?1NIII?il?1?MN Q07790011776 0377 740 1716 1rO1LW VMP®-8AWAl 1070e).ot rope 13 or t6 (?' ' Form 3038 1107 Borrower shall not cause or permit the presence, use, disposal, stora e, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or m the • Borrower shall not do, nor allow anyone else to do, anything the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmentaaff l ition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property Thepreceding two sentences shall not apply to the ppresence, use, or storage on the of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or rivate party involving the and any Hazardous Substance or Envirormaental Law of whlch Borrower has actual knowl , (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, reiwe or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or a?+ private party, that any removal or other re:mediation of any Hazardous Substance affecting the Pr?erty is accessary. Borrower shall prorr?tiy take all necessary renvaial actions in axordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Linder shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the dehult; (e) when the default must be cured, and (d) that failure to care the default as specified may remit in acaelemdon of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure prooeeding the ?n?ddencx of a default " any other defense of Borrower to acxeleratlon and foreclosure. If the default is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial groceeding. Lender shag be entitled to collect all expenses incurred in pursuing the remedies provided In this Sic&n 22, including, but not limited to, attorneys' fees and costs o title evidence to the extent permitted by Appilq?le Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. II1110111111111111 !lima 3220041336 0233 340 1416 Mitkk: VMP 9-GAIPA3 (0708).01 Pop 14 of is Form 3039 1101 This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) "Venda. -Borrower I?f1tiP%22/2009 (Seal) -Borrower 14elissa M. Malavenda _(Seal) -Borrower _ (Sea)) -Borrower _ (Seal) (Seal) -Borrower -Borrower _ (Seal) (seal) -Borrower -Borrower 0 r 10711?Q1M,F1110111 VMP ®-BA(PA) 107081.01 Pape Is of is Form 3038 1101 COMMONWEALTH OF PENNSYLVANIA, Currberland Countyss: On this, the 22nd day of June, 2009 , before me, the undersigned officer, personally appeared Carl R. Ma 1 a venda, Jr. and Melissa M. Ma 1 a venda, husband and wife known to me (or satisfactorily rov to 1e?zso s whose na s is/ar?subscribed to the within instnmnent and acknowledged t he/she/ a the same for i purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Nola" Jean Sumn, Notmy ?t??cN Pennslxxo Twp„ Cwr, _W?_ .tar,. 16, 2011 ? Member, PennsyNaMG Title of OmBcer Asaocladon of Nudes Certificate of Residence ( tjA I t y !1l" , do hereby certify that the correct address of the tm-namd Moee 18 P.O. Box 6, Flint, M 01-2026. e? Z - Witness my hand this -Z-L4"/?y of ? 0 In 1% Agent of Mortgagee ITV NI 111101I11111111N 803220041336 0233 340 1616 I,MOyy VMP®-6AIPA) i070el.01 Fog* to of to Form 3039 1101 EXHIBIT A - LEGAL DESCRIPTION Tax ID Number(s): 38-14-0848-009H Land situated in the Township of Silver Spring in the County of Cumberland in the State of PA ALL THAT CERTAIN piece or parcel of land bounded and described as follows: BEGO INING at an Iron pin on the northern side of Shoemaker Lane (50 fist wide) at the dividing One between Lots Nos. 7 and 8 as shown on the Plan of Lots hereinafter mentioned; thence along said dividing line between Lots Nos. 7 and 8, due North, a distance of 133.83 feet to a point on the dividing One between Lots Nos. 7 and 6 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, South 87 degrees 27 minutes 19 seconds East, a distance of 20020 feet to an Iron pin marking a corner common to Lots Nos. 7,6,4 and 5 as shown on said Plan of Lots; thence along the dividing line between Lots Nos. 7 and 5 as shown on said Plan of Lots, due South, a distance of 125 feet to an Iron pin on the northern side of Shoemaker Lane first mentioned above; thence along said northern side of Shoemaker Lane, due West, a distance of 200 feet to an iron pin on the same at the dividing line between Lots Nos. 7 and 8 as aforesaid, the place of BEGINNING. BEING Lot No. 7 as shown on the plan of lots entitled "Final Subdivision Plan for John H. Walker" dated July 27, 1981, and recorded In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, In Plan Book 41, Page 14. Commonly known as: 4 Shoemaker Lane, Mechanicsburg, PA 17050 N 1 ¦IJ00761946M '532 7/2/2009 75802495/1 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200924651 Recorded On 7/15/2009 At 11:17:29 AM * Total Pages -18 * Instrument Type - MORTGAGE Invoice Number - 48338 User ID - RAK * Mortgagor - MALAVENDA, CARL R JR * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - US RECORDINGS INC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $37.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 VES FEE $2 00 Certification Page DO NOT DETACH This page is now part of this legal document. COUNTY ARCHI ROD ARCHIVES FEE $3.00 TOTAL PAID $74.50 I Certify this to be recorded in Cumberland County PA RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111111111 EXHIBIT Al MERS MI Va?avenda Jr, Carl NOTE June 22, 2009 IDael Mechanicsburg Icttyl PA Istatel 4 Shoemaker Ln Mechanicsburg, PA 17050 IPraperty Addreal 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 152. 400.00 plus interest, to the order of the Lender. The Lender is Quicken Loans Inc. (this amount is called "Principal"), 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 the "Note Holder." 2. INTEREST Interest will be char ed on unpaid principal until the full amount of Principal hall been paid. I will pay interest at a yearly 96. rate of 4.875 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1St day of each month beginning on August 1, 2009 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on July 1, 2039 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P. 0. Box 553154, Detroi t, MI 48255- 3154 or at a different place if required by the Note Holder. (B) Amount of Mouthly Payments My monthly payment will be in the amount of U.S. $ B06. 52 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment. I will tell the Note Holder in writing that II am doing so. I tiny not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I 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. to Mae/Freddle Mae UNIFORM INSTRUMENT Form 3200 1101 MULTISTATE FIXED RATE NO11Nfi4Iv:TAM Amended for Pennsylvania Wolters Kluwer Financial ServiVMPO-5NIPA) 107071 1-ago , of 3 qO3220041334 40 339 0103 S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of F1 fteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, l will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over there obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. VIII 11 11139 0303 IINIIINI? VMP ®-SN(PAI 40707) P,Vo2 ot3 Form 3200 1101 •Mri? 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows; If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further uutice or demand on Borrower. This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). W THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 05/22/2009 (seal) MAimuM_'T? 06122/2009 (?1) Car Ma 1 a vends, J r. -Bormwcr Melissa M. Ma 1 a Venda -Borrower (Seal) (Seal) -Borrower -Burrower Pay to the order of (Seal) WITHC>I.IT Mr. t1RSE (Seal) Without Recourse: '°°"°Wef Pay To the Order of -Borrower .p WAAJ•,UA? Fannb Mee Donna Harkness Qul K LOANS, INC. Assistant Secretary, agent for By__r_ Fannie Mae (Seal) jHAfij§A ROODSEEN (Seal) -Bormwer A Bnrmwcr rI (N?II?"'(N'? [Sign Original Only] a6373oo?173{ oi?o » oso3 VMP ®.6NIPA1 107071 P,p" 3 of 3 Form 3200 1101 EXHIBIT A2 ayes ASSIGNMENT OF MORTGAGE F KNOW ALL MEN BY THESE PRESENTS that Mortgage Eled"aic Registration Systems, Inc. hereinafter Assignor the holder of the Mortgage hereinafter mentioned for and in consideration of the sum ofONEDO DOLLAR whereof ($1,00) lawful money unto it in hand paid by GMAC MORTGAG14 LLC, Assignee, Pt acknowledged, has granted, bargained, sold, assigned, transferred and et over unto CARL a 1M its uc ess rs and assigns, ALL THAT CERTAIN Indenture of Mortgage given executed MELISSA M. MALAVENDA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORA'T'ED AS A NOMINEE FOR QUICKEN LOANS, INC., bearing the date 06122/2009, in the amount of $152,400.00, said Mortgrrga being recorded on 0711512009 4n the County of CUMBERLAND. Commonwealth of Pennsylvania, in Mortgage Instrument No. 200924651, MIN: I.0003f032200413363 MERS phone 0: 1.888.679.6377 Being Known as Premises.,: 4 SHOEMAKER LANE, MECHANICSBURG, PA 17050-1557 Parcel No: 38-14-0848-009H The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to the Assignor. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or mentioned And intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper et benefit and behoof forever, subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenturc ofliAmigage named, and his/hedthcir heirs and assigns therein. IN W WHE T, the gait! has ea is Corpora a Seal to be herdaffixed and these presents to . be. axe oificsy of 201 s Mo By am, Sea Oil DeEA L Y. Tilt l:C in p ence ol"(1 r State County o On this day of 20 lk before me, the subscriber, personally r` ap t ho acknowledged him/herself to be the o Mortgage Electronic Registration Systems, Inc,, and that he/she, as such being authorized to do so, executed the foregoing instrument for the purposes IN WITNESS WHEREOF, I hereunto set my hand and official Stamp/Seah The precise address of the within named Assignee is: 3451 HAMMOND AVENUE 50702 Sy, W111'Et l Mal Motary Pubilc , M"... C After recording return to: Phelan Haliinan & Schmdeg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Document Execution Philadelphia, PA 19103 ALL THAT CERTAIN piece or parcel of land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the northern side of Shoemaker Lane (50 feet wide) at the dividing line between Lots Nos. 7 and 8 as shown on the Plan of Lots hereinafter mentioned; thence along said dividing line between Lots Nos. 7 and 8, due North, a distance of 133.83 feet to a point on the dividing line between Lots Nos. 7 and 6 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, South 87 degrees 27 minutes 19 seconds East, a distance of 200.20 feet to an iron pin marking a corner common to Lots Nos. 7,6,4 and 5 as shown on said Plan of Lots; thence along the dividing line between Lots Nos. 7 and 5 as shown on said Plan of Lots, due South, a distance of 125 feet to an iron pin on the northern side of Shoemaker Lane first mentioned above; thence along said northern side of Shoemaker Lane, due West, a distance of 200 feet to an iron pin on the same at the dividing line between Lots Nos. 7 and 8 as aforesaid, the place of BEGINNING. BEING Lot No. 7 as shown on the plan of lots entitled 'Final Subdivision Plan for John H. Walker' dated July 27, 1981, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 14. BEING the same premises which L. Derick Hambright and Michelle L. Hambright, husband and wife, by their Deed dated November 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R, Volume 33, Page 499, granted conveyed unto Carol R. Pace. The said Carol R. Pace died December 16, 2006 and Grant of Letters Testamentary were taken out to Estate Number 2006-01139 to Sandra E. Pace, Executrix of the estate and Grantor herein. 14 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201124395 * Total Pages - 3 Recorded On 9/1/2011 At 11:39:56 AM MORTGAGE * Instrument Type - ASSIGNMENT OF ID Invoice Number - 92635 User * Mortgagor - MALAVENDA+ CARL R JR CTRONIC REGISTRATION SYSTEMS INC * Mortgagee - MORTGAGE ELE * Customer - JAM TRANSFERS * FEES Certification Page STATE BRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document. FEES COUNTY ARCHIVES FEE $2.00 00 ROD ARCHIVES FEE $$3 .50 TOTAL PAID I Certify this to be recorded in Cumberland County PA RECORDER O D DS + - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111111111111 EXHIBIT B GMAC Mortgage, LLC 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Carl R. Malavenda a/k/a Carl R. Malavenda, Jr. Melissa M. Malavenda a/k/a Melissa Malavenda 4 Shoemaker Lane Mechanicsburg, PA 17050-1557 Defendants Court of Common Pleas Civil Division Cumberland County No. 11-7680 Civil Term PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT 1. I am the 1x&o&Ad Officer of GMAC Mortgage, LLC ( GMACM ), the Plaintiff ( the Plaintiff ), and as such I am authorized to make this Affidavit. I am over the age of eighteen years, and I have personal knowledge of the facts and matters stated herein. The statements set forth in this Affidavit are true and correct to the best of my knowledge and belief. 2. In the regular performance of my job functions, I have access to and am familiar with business records maintained by GMACM for the purpose of servicing the mortgage loan at issue in this foreclosure action. I have personal knowledge of the manner in which these business records are created. These records (which include data compilations, electronically imaged documents and others) are: (a) made at or near the time of the occurrence of the matters set forth by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records; and (b) kept as a regular practice and in the ordinary course of business conducted by GMACM. It is the regular practice of GMACM to make such records. In connection with making this Affidavit, I reviewed and relied on those business records concerning the loan which is the subject of this proceeding ( Loan ). 3. The Defendants, Carl R. Malavenda a/k/a Carl R. Malavenda, Jr. and Melissa M. Malavenda a/k/a Melissa Malavenda, made, executed and delivered a mortgage upon the premises, 4 Shoemaker Lane, Mechanicsburg, PA 17050, on June 22, 2009 to Mortgage Electronic Registration Systems, Incorporated as a Nominee for Quicken Loans, Inc., which mortgage is duly recorded in the Office of the Recorder of Deeds of Cumberland County at Instrument No. 200924651. 4. The mortgage has been assigned to Plaintiff by Assignment of Mortgage dated August 9, 2011, which assignment is duly recorded in the Office of the Recorder of Deeds of Cumberland County at Instrument No. 201124395. 5. All proper payments made by Defendants have been credited to Defendants account. 6. Defendants mortgage payments due February 1, 2011 and each month thereafter are due and unpaid. 7. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $148,865.52 Interest $2,657.67 January 1, 2011 to May 13, 2011 Cumulative Late Charges $161.28 Property Inspections $22.50 Escrow Credit 419.42 TOTAL $151,287.55 8. Defendants have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 9. Plaintiff provided Defendants with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 10. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 11. Plaintiff properly accelerated its mortgage to protect its interests. I hereby verify that all Exhibits attached to the Motion for Summary Judgment are true and correct copies of Plaintiff s business records. Affiant Signature: rle? 3 16 Print Name: MMU R. Mrnrav Title: AUth0lized Offirez GMAC Mortgage, LLC SWORN TO AND SUBSCRIBED BEFORE THIS DA OF , 20Ly Notary Public COMMONWEALTH OF PEMMVA Iw NOTARIAL SEAL PATRICIA NOLAN HOFFMAN, Notary Public City of Phkdelphia, Phila. County My CoMMWiM.EzPftNqffiMbK1-9 US Malavenda, PHS# 272392 EXHIBIT C ATTORNEY FOR PLAINTM MU AN HALLWAN & SCHMMG, L LP 1617 WK Boulevard, Suite 1400 One Penn Cearter P9i PA, Philadelphia, 215-563-7000 GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. CARL % MALAVENDA AIYJA CARL, R. MALAVENDA, RL MELISSA M. MALAVENDA AIYJA MELISSA MALAVENDA 4 SHOEMAKER LANE MECHANICSBURG, PA 17050-1557 Defendants 272392 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO- 2 CA - (oSO CUMBERLAND COUNTY VII, A:c1CiiDN -L COMPLAINT RT ve Y . 8 it)g???e c.?....:? 0 *4 14460 FfieY: 272392 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 FORMATION 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 #: 272392 Plaintiff is GMAC MORTGAGE, LLC 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. CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA 4 SHOEMAKER LANE MECHANICSBURG, PA 17050-1557 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/22/2009 CARL R. MALAVENDA and MELISSA M. MALAVENDA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200924651. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. The premises subject to said mortgage is described as attached. File #: 272392 5. The mortgage is in default because monthly payments of principal and interest upon said aid, and by the terms mortgage due 02/01/2011 and each month thereafter are due and unp ants after a date specified of said mortgage, upon failure of mortgagor to make such paym b written notice sent to Mortgagor, the entire principal balance and all interest due by thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 05/13/2011: Principal Balance Interest 01/01/2011 to 05/1312011 Late Charges Property Inspections Subtotal $148,865.52 $2,657.67 $161.28 $22.50 $151,706.97 41 42 Escrow Credit $151,287.55 TOTAL 7. Plaintiff is Mt seeking a judgment of personal liability (or an in ne?rsonam judgment) t to bring a against the Defendant(s) in the Action; however, plaintiff reserves its nigh 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 blish such personal liability mortgage Foreclosure is in no way an attempt to reesta discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 272392 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $151,287.55, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN 14ALLINAN & 5CHMIEG, LLP By, Attorney for Plaintiff File #: 272392 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the northern side of Shoemaker Lane (50 feet wide) at the dividing line between Lots Nos. 7 and 8 as shown on the Plan of Lots hereinafter mentioned; thence along said dividing line between Lots Nos. 7 and 8, due North, a distance of 133.83 feet to a point on the dividing line between Lots Nos. 7 and 6 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, South 87 degrees 27 minutes 19 seconds East, a distance of 200.20 feet to an iron pin marking a corner common to Lots Nos. 7,6,4 and 5 as shown on said Plan of Lots; thence along the dividing line between Lots Nos. 7 and 5 as shown on said Plan of Lots, due South, a distance of 125 feet to an iron pin on the northern side of Shoemaker Lane first mentioned above; thence along said northern side of Shoemaker Lane, due West, a distance of 200 feet to an iron pin on the same at the dividing line between Lots Nos. 7 and 8 as aforesaid, the place of BEGINNING. BEING Lot No. 7 as shown on the plan of lots entitled 'Final Subdivision Plan for John H. Walker' dated July 27, 1981, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 14. File N: 272392 BEING the same premises which L. Derick Hambright and Michelle L. Hambright, husband and wife, by their Deed dated November 22, 1988 and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R, ted and conveyed unto Carol R. Pace. Volume 33, Page 499, The said Carol R. Pace died December 16, 2006 and Grant of Letters Testamentary were taken out to Estate Number 2006-01139 to Sandra E. Pace, Executrix of the estate and Grantor herein. PROPERTY ADDRESS: 4 SHOEMAKER LANE, MECHANNICSBURG, PA 17050-1557 PARCEL # 38-14-0848-009H File #: 272392 VERIFICATION of, GMAC AUdWd=dDffi= L.&." I3ukgk,,eby states that he/she is MORTGAGE, LLC, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: t 15 GMAC MORTGAGE, LLC File #: 272392 Name: MALAVENDA File M 272392 Title: _A-,Ah0f17A-A0fliQCr EXHIBIT D Phelan Hallinan & Schmieg, LLP 1617 Boulevard, Suite 1400 One Penn Center Plaza Philadelphia Pa. 19103 GMAC MORTGAGE, LLC 272392 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA. 19034 Plaintiff V. CARL MALAVENDA A/K/A/CARL MALAVENDA JR. 4 SHOEMAKER LN. MECHANICSBURG PA. 17050 MELISSA MALAVENDA (ADDRESS UNKNOWN) ^ )i 10^T 28 Rv, I. 4?? P41-:'NNSYI.It COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 11-7680 CUMBERLAND COUNTY Defendants ?) CRU ACTIONA AW COMPLAINT IN MORTGAGE FORECLOUSURE It 1! r I, Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 The name(s) and last known address(es) of the Defendant(s) are: CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA 4 SHOEMAKER LANE MECHANICSBURG, PA 17050-1557 is who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/22/2009 CARL R. MALAVENDA and MELISSA M. MALAVENDA made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR QUICKEN LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200924651. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.ILC.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. File 9: 272392 1. Plaintiff is GMAC MORTGAGE, LLC 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON PA. 19034 2. The names and last know address of the defendants are: CARL R. MALAVENDA A/K/A CARL MALAVENDA JR. 4 SHOEMAKER LN. MECHANICSBURG PA. 17050 MELISSA MALAVENDA A/K/A MELISSA MALAVENDA ADDRESS UNKNOWN Who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 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 a ' 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 your , 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 #: 272392 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2011 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. 6. The following amounts are due on the mortgage as of 05/13/2011: Principal Balance $148,865.52 Interest $2,657.67 01/01/2011 to 05/132011 Late Charges $161.28 Property Inspections $22.50 Subtotal $151,706.97 Escrow Credit (H19.42) TOTAL $151,287.55 7. Plaintiff is not seeking a judgment of personal liability (or an in gersonatn judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. file #: 272392 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $151,287.55, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLiNAN dt SCHMIEG, LLP By: _ Attorney for Plaintiff File S: 272392 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the northern side of Shoemaker Lane (50 feet wide) at the dividing line between Lots Nos. 7 and 8 as shown on the Plan of Lots hereinafter mentioned ` thence along said dividing line between Lots Nos. 7 and 8, due North, a distance of 133.83 feet to a point on the dividing line between Lots Nos. 7 and 6 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, South 87 degrees 27 minutes 19 seconds East, a distance of 200.20 feet to an iron pin marking a corner common to Lots Nos. 7,6,4 and 5 as shown on said Plan of Lots; thence along the dividing line between Lots Nos. 7 and 5 as shown on said Plan of Lots, due South, a distance of 125 feet to an iron pin on the northern side of Shoemaker Lane first mentioned above; thence along said northern side of Shoemaker Lane, due West, a distance of 200 feet to an iron pin on the same at the dividing line between Lots Nos. 7 and 8 as aforesaid, the place of BEGINNING. BEING Lot No. 7 as shown on the plan of lots entitled Tina] Subdivision Plan for John H. Walker' dated July 27, 1981, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 41, Page 14. File M 272392 BEING the same premi3es which L. Derick Hambright and Michelle L. Hambright, husband and wife, by their Deed dated November 22, 1988 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R, Volume 33, Page 499, granted and conveyed unto Carol R. Pace. The said Carol R. Pace died December 16, 2006 and Grant of Letters Testamentary were taken out to Estate Number 2006-01139 to Sandra E. Pace, Executrix of the estate and Grantor herein. PROPERTY ADDRESS: 4 SHOEMAKER LANE, MECHANICSBURG, PA 17050-1557 PARCEL # 38-14-0848-009H is File #: 272392 6. Wherefore the amount the Plaintiff demands to collect of the Defendant of this time has not yet been made current. 8. Notice of the Homeowners Emergency Assistance Program pursuant to act 91 of 1983, as amended in 1998, was applied for by Defendant in June 27 201 l,with the assistance from an authorized associate of the consumer credit counseling agency. Unfortunately due to lack of funds the Pennsylvania Housing Authorities had at that time the defendant was denied assistance. VERIFICATION I Carl Malavenda, Defendant in this matter, hereby states and verifies that the statements made in this answer to Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge, Information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Date: I n -- aA - 1 t Name: File #:272392 Name: Malavenda Cc: Melissa Malavenda c% Cunningham & Chernicoff, P.C. P.O.Box 60457 Harrisburg Pa. 17106-0457 GMAC Mortgage, LLC 1100 Virginia Dr. P.O. Box 8300 Fort Washington Pa. 19034 Pheasant Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia Pa. 19103 EXHIBIT E GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo , IA 50702 Date: 04/04/11 ACT 91 NOTICE TAIKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paces. The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proaram works. To see if HEMAP can help YOU MUST HAVE A FACE TO FACE MEETING WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseline Agency. The name address and phone number of Consumer Credit Counseling Agencies servine Your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (Persons with impaired hearine can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM, EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: CARL R MALAVENDA 4 SHOEMAKER LN MECHANICSBURG PA 17050-0000 GMAC Mortgage, LLC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. During that time you must arrange and attend a face- to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 33 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty-three (33) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT The MORTGAGE debt held by the above lender is on your property located at 4 SHOEMAKER LN MECHANICSBURG PA 17050-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 02/01/11 through 04/01/11. See attached Exhibit for payment breakdown. Monthly Payments $ 3520.44 Late Charges $ 120.96 NSF $ 0.00 Inspections $ 11.25 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 3652.65 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3652.65, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be made either by cash cashier s check or certified check made payable and sent to: GMAC Mortgage, LLC ATTN: Payment Processing 3451 Hammond Avenue Waterloo , IA 50702 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney s fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) DAYS Period, you will not be reauired to pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paving the total amount then vast due plus any late or other charges then due reasonable attorney s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and byperforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage, LLC ATTN: Loss Mitigation Address: 2711 North Haskell Ave. Suite 900 Dallas, TX 75204 Phone Number: 800-850-4622 Fax Number: 866-709-4744 Contact Person: Collection Department EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5041 EXHIBIT 02/01 /11 through 04/01 /11 Mo. Pmt. Amt. $ 1173.48 EXHIBIT F HEMAP Application Search ?PHFA HEMAP Application Search Samantha Rowe Law Firm - Phelan, Hallinan & Schmieg Last Log In: 6/5/2012 3:02:33 PM Applicant Information Carl R. Malavenda Borrowers Melissa Malavenda Address 4 Shoemaker Ln Mechanicsburg, PA 17050-1557 Current Status Act 91 Notice Date 4/4/2011 Counseling Agency Meeting Date 6/28/2011 Date Application Received by PHFA 7/5/2011 Application Status Denied Application Status Date 8/11/2011 Page 1 of 1 https:Hattorneys.phfa.org/HEMAPapp_print.aspx 6/6/2012 EXHIBIT G O H _N 2 g a N T m A a ti at 00 0 0 n as 0 O r L: S C a S C r O N r r O N a 0 ? 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O O O O O O O O O r r r O 0 0 10 ,0 10 EXHIBIT H PHELAN HALLINAN & SCHMIEG, LL`l' Attorney for Plaintiff Joseph Schalk, Esquire; i AN f' 1617 JFK Boulevard, Suite 14009'. 4 One Penn Center Plaza 3 3!!+°1BER[J", D COUNT`' o Philadelphia, PA 19103 i'E1' IASYLVANIA 215-563-7000 GMAC Mortgage, LLC Cumberland County VS. Court Of Common Pleas Carl R. Malavenda A/K/A Carl R. Civil Division Malavenda, Jr. . Melissa M. Malavenda A/K/A Melissa No. 11-7680 Civil Term Malavenda 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 MELISSA M. MALAVENDA A/K/A MELISSA MALAVE DA, Defendant 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 $151,287.55 $151,287.55 I hereby certify that (1) the Defendant's last known address is 1136 MOUNTAIN RD, NEWBURG, PA 17240-9140, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. S Date ._........._...... ? ? t ?...:?°..?.:..?.... ...?.. ca. A chalk, Esquire DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: S ?! Plaintiff PNS # 272392 PROTHONOTARY 1?T 272392 (Rule of Civil Procedure No. 236) - Revised GMAC Mortgage, LLC VS. Carl R. Malavenda A/K/A Carl R. Malavenda, Jr. Melissa M. Malavenda A/K/A Melissa Malavenda Cumberland County Court Of Common Pleas Civil Division No. 11-7680 Civil Term 4ATMEYME C()PY ?i Notice is given that a Judgment in the above captioned matter has been entered against you on w..... t 1 ??- t By: r If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Joseph Schalk, 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 BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" 272392 PHELAN HALLINAN & SCHMIEG, LLP Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GMAC Mortgage, LLC VS. Attorney for Plaintiff Cumberland County Court Of Common Pleas Carl R. Malavenda A/K/A Carl R. Civil Division Malavenda, Jr. Melissa M. Malavenda A/K/A Melissa No. 11-7680 Civil Term Malavenda AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that Plaintiff is without information sufficient to determine whether the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA is over 18 years of age and resides at 1136 MOUNTAIN RD, NEWBURG, PA 17240-9140. This statement is made subject to the penalties of 1.8 Pa. C.S. Section 4904 relatinp, to unsworn falsification to authorities. Date _ 5 ho/$ &-- 272392 GMAC MORTGAGE, LLC V. COURT OF COMMON PLEAS Plaintiff' CIVIL DIVISON CARL R. MALAVENDA. A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA Defendant(s) NO. 11-7680 CIVIL. TERM CUMBERLAND COUNTY TO: MELISSA M. MALAVENDA, A/K/A MELISSA MALAVENDA 1136 MOUNTAIN RD NEWBURG, PA 17240-914I DATE OF NOTICE: 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. R'C !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 ABOIJT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1. Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By.. _ ___ Dana Ost vs y, Esquire Auorne -fv '1#lAtlfT Phelan E- (foam & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # "272392 .1-1*392- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff pl4 ? ? Jody S Smith ' Chief Deputy Richard W Stewart Solicitor OFF= GM THE 6RGWF GMAC Mortgage, LLC Case Nun vs• 2011-7680 Melissa M Matavenda SHERIFF'S RETURN OF SERVICE 02/0312012 05:15 PM - Timothy Black, Deputy Sheriff, who being duty sworn according to law, states that on Feb ary 3, 2012 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon t`e within named defendant, to wit Melissa M, Malevenda, by making known unto herself personally, at 1136 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same tim handing to her personally the sold true and correct copy of the same. SHERIFF COST: $48.00 February 08, 2012 SO ANSWERS, Aj CclatySWte Shoff TManott, fir- PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 GMAC Mortgage, LLC 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Carl R. Malavenda a/k/a Carl R. Malavenda, Jr. Melissa M. Malavenda a/k/a Melissa Malavenda 4 Shoemaker Lane Mechanicsburg, PA 17050-1557 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-7680 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Praecipe to List for Argument, and attached exhibits were sent via first class mail to the persons on the date listed below: Carl R. Malavenda, Pro Se 4 Shoemaker Lane Mechanicsburg, PA 17050-1557 Melissa Malavenda 1136 Mountain Road Newburg, PA 17240 DATE: 2,1 1 Z-- BY: PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) GMAC Mortgage, LLC (Plaintiff) vs. ;1,?r%`JU`113 HEk43 :'U1,°I8ERLANGI COUNT' PENNSYLVANIA --------------------------- Carl R. Malavenda a/k/a Carl R. Malavenda, Jr. Melissa M. Malavenda a/k/a Melissa Malavenda (Defendants) No. 11-7680 Civil Term 2. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment Identify counsel who will argue case: (a) for plaintiff. Joseph P. Schalk, Esquire Address: 126 Locust Street, Harrisburg, PA 17101 (b) for defendant: Carl R. Malavenda, Pro Se Address: 4 Shoemaker Lane Mechanicsburg, PA 17050-1557 3 4. Date: I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: July 13, 2012 -4-? jos . Sc lk, Esquire ey for Plaintiff at NlS 1iQ(o 53 2 7Ukt-) 01 FILED-OFFICE OF THE PROTHIDNOTAKK 2012 JUL 17 Pty 34. 13 CUMiER.LSND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV GMAC Mortgage, LLC 1100 Virginia Drive P.O. Box 8300 Fort Washington, PA 19034 Plaintiff VS. Carl R. Malavenda a/k/a Carl R. Malavenda, Jr. Melissa M. Malavenda a/k/a Melissa Malavenda 4 Shoemaker Lane Mechanicsburg, PA 17050-1557 Defendants ORDER NOW, this /7 day of Yu ly Court of Common Pleas Civil Division Cumberland County No. 11-7680 Civil Term , 2012 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Carl R. Malavenda a/k/a Carl R. Malavenda, Jr., for $151,287.55 plus interest from May 13, 2011 and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY COU?RJT: J. v -&ePl? ?. SGaI(C? me k",q Ma e,,4q ? ear / A Mg14 v aac ?P es Xtat 1 ed -7??7/j k RtZL WRIT OF EXF,CUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COIl>`J7~Y OF CUMBERLAND) NO. 11-7680 Civil CIVIL ACTI01'~ -LAW 7~O ~~'}{L SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE, LLC Plaintiff (s) From CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR, MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA (1 i You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (:'} 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(sj 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; (?) [f 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: $IS1,287.55 L.L.: $.50 Interesr; FROM 5/22;/2012 TO DATE OF SALE ($24.87 PER DIEM) - $7,187.43 Atry's ~"omm: 'io Due Prothy: $2.25 Arty Paid: $310.00 Other Costs: Plaintiff Paid: Date: 11!1/20]2 ~,, ~ - ~1-c.f~[~~ - ~-^-_'--- David D. ~ ell, Prothonot~y (Seal) ~J Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY, ESQUIRE Address: PHELAN HALLINAN & SC'HMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTF,R PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephony: 215-563-7000 Supreme Court ID No~. 312314 PRAECIPE FOR WRI'C OF EXECUTION-(MORTGAGE FORE(:'LOSURE) P.R.C.P. 3180-3183 GMAC MORTGAGE, LLC Plaintiff v CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA. A/K/A MELISSA MALAVENDA Defendant(s) To the Prothonotar•/: Issue writ of execution in the above matter: Amount Due Interest from 05/22/2012 to Date of Sale ($24.87 per diem) TOTAL COURT' OF COMMON PLEAS CIVIL DIVISION NO.: 11-7680 CIVIL TERM CUMBERLAND COUNTY $ i 5 ~ ,287.ss $7 187,43 $158,474.98 ~,~. /~ ~ /' ___ elan Halli Schmi , LLP Andrew J. arley, Esq., . No.312314 Attorney for Plaintiff Note: Please attach description of property. PHS # 272392 Cs~/ 3 ~~„ ~~, ~v ~, a. Gn < < O U << c i fo. ~f ll ~i ~ ~a . -~ s ~ ~ ~, ,< <~- .~ . ~ u- ~~-~ ~ a 3~ ~ ~- ~ ~r~ ~~ R~ Tsso~l ~< - ... ~ n~. L~ YJ .. _. ... _. ;,j .G .L J'- n- .. _' . _. d. ~ t' .1 r ~ ~. -. ~ f ~ ~ a ~ Q W r Q W F~ Q ~ ~ VJ W ~~~~ O W Q ~ Q i w Q1 a ~ ~ Y W O ~ ~ ' ` ~ ~. ~ ~ O ~ '-~ A W ' F ~ ~ ~ ~ _ ~ wO , CW,7 w~ '~ - '~ ~ ~ "x` ~ O L N A ~ L~ ~ ~, d ~ ~ i ~ a ~ ~ ~; ,~, p Q O ~ ~ ~ ~ ~ ~O ~ ~" ~ ,. a `~ ~Q ~ la ' Ua w ~ ~ a ~ d , ~. ~; v ~ ~ ~ _ `~` ~U C~ .. v~ Iar~ LEGAL DESCRIPTION ALL "I~I ~A'C CERTAIN piece or parcel of land situated in the Township of Silver Spring, County of Cumbe--land and Commonwealth of }'ennsylvania, more particularly bounded and described as follows: BEGfNMNG at an iron pin on the northern side of Shoemaker Lane (50 feet wide) at the dividing line between Li,is Nos. 7 and 8 as shown on the Plan of Lots hereinafter mentioned; thence along •;aid dividing line between hots Nos. ?and 8, due North, a distance of 133.8 ~ feet to a point. on the dividinz line between Lots Nus. "r' and 6 as shown on said Plan of Lots, thence along said dividing line between L~~t~ Nc~s. ~ and 6, South 87 degrees 27 minutes 19 seconds East, a distance of 200.20 feet to an iron pin markin~~ a corner common to Lots Nos. 7,6,4 and 5 as shown on said Plan of Lots; thence along the dividing line between Lots Nos. i and 5 as shown em said Plan of Lots, due South, a distance of i 25 feet to an iron pin can the northern side of Shoemaker Lane first mentioned above; thence along said northern side of Shoemaker Lane, due West, a distance of 200 feet to an iron pin on the same at the dividing line between Lots Nos. 7 and 8 as aforesaid, the place of BEGINNING. BEING Lot No. 7 as shown on the plan of lots entitled 'Final Subdivision Plan for John H. Walker' dated July 27, 1981, and recorded ~in the Office of the Recorder of Deeds in and for Cumberland C'ounrv. Pennsylvania, in Plan Boot. 41, Page 14. 'I~I~TLL; ~TIJ SAID PREMISES VESTED IN Carl R. Malavenda, Jr. and Melissa M. Malavenda, h/w, by Deed from Sandra E. Pace, Executrix of the Estate of Carol R. Pace. dated 07!20%200"l, recorded 07 23:'2007 in Book 281. Page 312. PRt~9[SES BUNG: 4 SHOEMAKER LANE, MECHAIVICSBURG, PA 17050-1557 PA RC' E L N O. 38-14-0848-a09H PfII~LAN ffAl.LllyAN & SCI~MIEG, LLY Andrew J. Marley, Esq., Id. No.312314 161? Jf~K Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 191 U3 ~ 1 ~-~6 ~-700U GVIAC MORTGAGE, LLC Plaintiff ~. ;,;..:_ i ; ~~~, _ 1 ~ ; , ;.~ F r ~ ; ~~. , ,,e ~~ ~.~ i 1 ,~~,~,~ CARL R. MAI,AVF,NllA A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA Defendant(s) CERTIFICATION Attorneys to~i~ Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: l I-7680 CIVIL TERM CUMBF,RLAIVD 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 Act 91 is Not Applicable pursuant to Pa Bulletin. Doe No 1 l-l 197. =~1 Pa.B. 3943 This certification is made subject to the penahies of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. -j~' ~ ~'~ ,: By,. / :~~'°~ P an Hatlinan Schmieg, Lt,F~ /lndrew ,I. Marley, Esq., Id. No.31,2~°" 4 Attorney for Plaintiff ~~.'~`` • GMAC MORTGAGE, LLC Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7680 CIVIL TERM CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, J R. MELISSA M. MALAVENllA A/K/A MELISSA CUMBERLANll COUNTY MALAVENDA l~cfcndant(s) PHS # 272392 AFFIDAVIT PURSUANT TO RULE 3129.1 GMAC MORTGAGE, LLC, 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 4 SHOEMAKER LANE, MECHANICSBURG, PA 17050-1557. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonable ascertained, please so indicate) CARL R. MALAVENDA A/K/A CARL R. 4 SHOEMAKER LANE MALAVENDA, JR. MECHAMCSBURG, PA 17050-1557 MELISSA M. MALAVENDA A/K/A MELISSA 1136 MOUNTAIN RD - ;, MALAVENDA NEWBURG, PA 17240-9140 -- _.~. 4.. , ?. Name and address of Defendant(s) in the judgment: Namc Address (if address cannot be reasonably ; ~- ; - ascertained, please su indicate) ."' SAME AS ABOVE - 3- Name and 1a~t known address of every judgment creditor ~~~hosc judgment is a record lien on the rca.i properly to be sold: Name Address (if address cannot be reasonably ascertained, please indicates None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cam~ot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate 1 None. (i. Name and address of'every other person who has any record interest in the property and whose interest may be affected by the sale. Namc Address (ii~address cannot be reasonably ascertained, please indicatcl 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 b~~ the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 4 SHOEMAKER LANE MECHANICSBURG, PA 17050-1557 CARL, R & MF,LISSA M MALAVENDA, PRO 4 SHOEMAKER LANE SE MECHANICSBURG, PA 17050 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE, TAX DIVISION 6TH FLOOK, STRAWBERRY SQ. DEPT' 280601 HARRISBURG. PA 17128 DF;PAR7'MF;NT OF' PLBLIC WELFARE, TPL CASt:ALTY UNIT, ESTATE. RECOVERY PROGRAM ( ARL R >•1ALAVENDA C/O KARA W HAGGER'P1'', ESQUIRE CAR1. R MALAVENDA C/O SHERI DEE COOVER, E;SQUIRE MELISSA M MALAVENDA C/O JORDAN DANIEL CUNNINGHAM, ESQUIRE DOME ST1C RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE N.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 2 W H I G H S"1' CARLISLE. PA 17013 2000 LINGL,ESTOWN RD STE 106 HARRISBURG, PA 17110 2320 N 2ND STREET PO BOX 60457 HARRISBURG, PA 17106 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 L.S. DEPAR"LMENT OF JUSTICE L.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL, BUILll1NG 228 WALNUT STREET, SUITE, 220 PO BOX 11754 HARRISBURG. PA 17108-1754 I veriiw that the statements made in this affidavit are true and correct t.o the best of iY~}~ personal knowledge or information and belief. 1 understand that false statements herein are made suhject t~ the penalties of 18 Ya. C.S.A. ~ 4904 relating to unsworn falsification to authorities. _~ ,~ ~ ,. ". , p ~ ~~=- ~- Date: ~ d'-©/oL By. _ -~~-_ ~ ! an Hallinan & mieg, LLP ~ Andrew J. Marley, Esq., Id. No.312314=..~"'~~ Attorney for Plaintiff ,, GMAC MORTGAGE, LLC COURT OF C1:)MMON PLEAS Plaintiff CIVIL llIVISION vs. NO.: 11-7680 CIV[L TERM CARL R. MALAVENDA A/K/A CAKL K. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA CUMBEKLANU COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARL R. MALAVENDA A/K/A CARL R. MALAVENllA, JR. 4 SHOEMAKER LANE MF.CHANICSBURG, PA 17050-1557 MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA 1136 MOUNTAIN RD NEWBURG, PA 17240-9140 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DF;BT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVEI) A DISCHARGE [N BANKRUPTCY, THIS IS NO'T' AND SHOULD NOT BE CONSTRUED TO BF. AN AT'T'EMPT TO COLLECT A [-EBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 4 SHOEMAKER LANE, MECHANICSSURG, PA 17050-1557 is scheduled to be sold at the Sheriffs Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $151,287.55 obtained by GMAC MOR'T'GAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.RCP. 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: __ __ w :_' _ , -, - 1. The sale will be canceled if you pay to the mortgagee the back payments, late cha~~e~, cuts a~ reasonable attorney's fees due. To find out how much you must pay, you may call: 215-56~°"~00 x123~~` ~_ ~.. 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. 5"ou may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. '1 he 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 S1'1LL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE O'T'HER 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. ?. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. ~. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call ~ 15-563-7000. ~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. ~. Y"ou have the ri~~ht 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 ,hare of the money which was paid for your house. A proposed schedule of distribution ofthe 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 oi'lice. "Phis 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 tiling 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 TH[S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYEK OR ('ANNOY 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 AVENUF. CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL ~fIiAT CERTAIN piece or parcel of land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Bi:GlNNING at an iron pin on the northern side of Shoemaker Lane (50 feet wide) at the dividing line between Lots Nos. 7 and 8 as shown on the Plan of Lots hereinafter mentioned; thence along said dividing line between Lots Nos. 7 and 8, due North, a distance of 133.83 feet to a point on the dividing line between Lots Nos. ?and 6 as shown on said Plan of Lots: thence along said dividing line between Lots Nos. 7 and 6, South 87 degrees 27 minutes 19 seconds East, a distance of 200.20 feet to an iron pin marking, a comer common to Lots Nos. 7,6,4 and 5 as shown on said Plan of Lots; thence along the dividing line between Lots Nos. 7 and 5 as shown on said Plan of Lots, due South, a distance of 125 feet to an iron pin on the northern side of Shoemaker Lane first mentioned above; thence along said northern side of Shoemaker lane, due West.. a distance of 200 feet to an iron pin on the same at the dividing line between Lots Nos. '7 and 8 as aforesaid, the place of BEGINNING. BEING Lot No. 7 as shown on the plan of lots entitled'Final Subdivision Plan for John f I. Walker' dated July 27, 1 y81, and recorded in the Office of the Recorder of Deeds in and for Cumberland Count~~. Pennsylvania, in Plan Book 41. Page 14. "TI"ILL? "I'O SAID PREMISES VESTED IN Carl R. Malavenda, Jr. and Melissa M. Malavenda, h/w, by Deed from Sandra E. Pace, Executrix of the Estate of Carol R. Pace, dated 07/20/2007.. recorded 07!''3!2007 in Book 281, Page 312. PREM[SI~;S BEING: 4 SHOEMAKER LANE, MECHAl~ICSBURC:, PA 17050-1557 PARCEL NO. 38-14-0848-009H SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7680 CIVIL TERM GMAC MORTGAGE, LLC vs. CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberl.:~nd County. Pennsylvania, being (Municipality i 4 SHOEMAKER LANE, MECHANICSBURG, PA 17050-1557 Parcel No. 38-14-0848-009H (Acreage or street address) Improvements thereon: RESIDENTIAL llWELL1NG JUDGMENT AMOUNT: X151,287.55 Phelan Hallinan & Schmieg, LLP Attor~~ey for Plaintifi~ 1617 .IFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 AFFIDAVIT OF SERVICF. (FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC PHS # 272392 DEFENDANT SERVICE TEAM/ lxh !'~;, ""fi:; MALAVENDA A/K/A CARL R M.~LAVENDA, JR. CARL R COURT NO.: i1-7680 CIVIL T ERi1~ ~ rv _"» - . MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA r'' `'~ ~' 1 SERVE CARL R MALAVENDA A/K/A CARL R. MALAVENDA, TYPE OF ACTION ra'~ r" i , °i r ` JR. AT: XX Notice of Sheriff s Sale ~ W ty.: ;' ` 4 SHOEMAKER LANE SALE DATE: March 6, 2013 •~ '=' ~ `: MF.CHAMCSBURG, PA 17050-1557 ** ~ ~ ~= ~ ~ C:'~ -, " ~ ~ *DIVORCED- One cannot accept service for the other = ~+~ - ~ ; / - SERVED ~ ~~ ~w''~' Served and made known to CARL R. MALAVENDA A11UA CARL R. MALAVENDA, JR., Defendant cfi~ tha-'-; ~ day of ~`L~i^ ~ , 2D ~ , ~, J ~ ,o'clock . M., at S~O~m0.~.~ la~ , in the manner described below: Defendant p~sonally 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', office or usual place of business. an officer of said Defendant's company. _ Other: Desc iption: A e ~~ ~ Height ~ ~ Weight ~~~ Race ~ Sex ~ .Other (.t 'l', 1, ~~ t ~ ~ ~ ~~~n 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. 7 DATE: I ( G ~ ~ ~- " ~ _ - _ ~ ~ NAME: ~_ PRINTED NAME: C~~ ~ ~~`~~`'~~ ~"~~~~ 1 ~~ - TITLE: ~ gyp, l~' SS ~~~~=~~~~ r NOT SERVED On the day of 20 , at o'clock _. M., I, , a competent adult hereby state that D~endant 1 ND cause: _ 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. 131': PR[NTED NAME: ATTORPJEY FOR PLAINTIFF Lawrence T. Phelan, Esq., 1d. No. 32227 Francis S Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele P/I. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., ld. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esy., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisova ante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn. Esq.. Id. No. 206779 Allison F. Wells. Esq., ld. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq.. Id. No. 203993 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY GMAC MORTGAGE, LLC DEFENDANT CARL R. MALAVENDA A/K/A CARL R. MALAVENDA, JR. MF,LISSA M. MALAVENDA A/K/A MELISSA MALAVENDA SERVE MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA AT: 4 SHOEMAKER LANE MECHANICSBURG, PA 17050-1557 **DIVORCED- One cannot accept service for the other** SERVED I, ~ t 1 ~~~ t" (lu~'~ ~~ , 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 falsificapption to authorities. DATE: i~% L C ~` Z NAME: C' H y ~ - 'z . 57~., o'clock ~. M., at ~~ ~( ~ ~ I/I , in the manner described below: Defendant p rsonally served. )t Adult family membe .wi~ th whoa DefendF~side~~~ Relationship is VS Adult in charge of Defendant's residence who refused to give nan~e 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 S~ S Height S ~ ~ .Weight ~ ~d Race U~' Sex ~ Other ~{~ PHS # 272392 SERVICE TEAM/ lxh ,,-~ r,~ r->, COURT NO.: 11-7680 CIVIL TERM ~" ..,y,,, ~ ~~' -..~ TYPE OF ACTION .,.~ = ~ t"a • `,; t"" XX Notice of Sheriff's Sale ~'~ f,,.y ~ t SALE DATE: March 6, 2013 `~=..~ W ~~ ~ w ~~, ~ C? ~"' f -- ,.. Served and made known to MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA, Defendant orf'^~he da ~ of ~~~~ ~ 20 ~~- at ~ ~ ~`~ -• PRINTED NAME: ~ ~I ~~ ~~~~ ~t` ~~ ~ ~~ TITLE: r~t'CiSS ~~V'Qf NOT SERVED On the da of , 20 , at o'clock _. M., I, , a competent adult hereby state that De~`endyant N T~F~UN~ecause: __ Vacant _ Does Not Exist _ Moved ~ Does Not Reside (Not Vacantj No Answer on at at Service Retuned 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esy., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esy., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 y FILED-OFFICE THE ROTHONOTAR Phelan Hallinan,LLP 2013 APR 5 AM 9: Attorney For Plaintiff 1617 JFK Boulevard,Suite 140eUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 GMAC MORTGAGE,LLC Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County CARL R.MALAVENDA AIK/A CARL R.MALAVENDA,JR. No. 11-7680 CIVIL TERM MELISSA M.MALAVENDA A/K/A MELISSA MALAVENDA Defendant PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑Please mark the above referenced case Settled,Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ®Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑Please Vacate the Judgment entered. Date: A� PHEgAttomey AN,LLP By: Joh Kolesnik,Esq.,Id.No.308877 for Plaintiff PHS#272392 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 GMAC MORTGAGE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County CARL R. MALAVENDA No. 1.1-7680 CIVIL TERM A/K/A CARL R.MALAVENDA,JR. MELISSA M. MALAVENDA A/K/A MELISSA MALAVENDA Defendant PHS#272392 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: CARL R. MALAVENDA A/K/A CARL R. MALAVENDA,JR. MELISSA M.MALAVENDA A/K/A MELISSA MALAVENDA 4 SHOEMAKER LANE MECHANICSBURG,PA 17050-1557 Date: PHELA LL AN, LLP By: Jo ichael Kolesnik,Esq., Id. No.308877 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 4: Or THE SHERIFF F, r I 2I)111APR 16 AM CtIiMDERLA D -COLIN I Y PENNSYLVANIA GMAC Mortgage, LLC vs. Carl R Malavenda (et al.) Case Number 2011 -7680 SHERIFF'S RETURN OF SERVICE 12/28/2012 05:48 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 4 Shoemaker Lane, Mechanicsburg, PA 17050, Cumberland County. 12/28/2012 05:48 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Carl R Malavenda at 4 Shoemaker Lane, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 01/08/2013 06:57 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Melissa M Malavenda at 1136 Mountain Road, Upper Mifflin Township, Newburg, PA 17240, Cumberland County. 02/21/2013 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/06/2013 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 04/10/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed ", per letter of instruction from Attorney. SHERIFF COST: $2,749.24 SO ANSWERS, April 15, 2014 (c) CountvSuie Sheriff.'T'eleosoft, Inc. RONR ANDERSON, SHERIFF On November 5, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township , Cumberland County, PA, Known and numbered as, 4 Shoemaker Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 5, 2012 By: Real Estate Coordinator I i c Z- AON 110i Vd u J.41 3HS i 30 ?3I.d.dU CUMBERLAND LAW JOURNAL Writ No. 2011 -7680 Civil GMAC Mortgage, LLC vs. Carl R. Malavenda a /k /a Carl R. Malavenda, Jr., Melissa M. Malavenda a /k /a Melissa Malavenda Atty.: Francis S. Hallinan By virtue of a Writ of Execution NO. 11 -7680 CIVIL TERM, GMAC MORTGAGE, LLC vs. CARL R. MA- LAVENDA a /k /a CARL R. MALAV- ENDA, JR., MELISSA M. MALAV- ENDA a /k /a MELISSA MALAVENDA owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being 4 SHOEMAKER LANE, ME- CHANICSBURG, PA 17050 -1557. Parcel No. 38 -14- 0848 -009H. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $151,287- .55. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I)/ arie Coyi, Editor SWORN TO AND SUBSCRIBED before me this 8 da of Februa 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy `Suite 300 Mechanicsburg, PA 17050 Inquiries - 717 - 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND.COUNTY COURT HOUSE CARLISLE PA 17013 Mlle PatriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act-No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317. PUBLICATION OPY 2011.7680 c GMAC Mortgage, LC Vs Carl R Malavenda, a Malavenda, �a Carl R. Melissa M Malavenda, A/K/A Melissa Malavenda Any: Francis S. Hallinan virtue of a Writ of Execution NO. 11- GMAC MORTGAGE, LLC vs. CARL R. MAIAVENDA A/1C/A CARL R. MELISSA N M. MALAVENDA A/K/A MELISSA MALAVENDA owner(s) of property situate in the TOWNSHIP OF SILVER SPRING Cumberland County, Pennsylvania, being (Municipality) 4 SHOEMAKER MECHANICSBUIRG PA 17050 -15577 Parcel No. 3 814- 0848_009H (Acreage or street address) mprovements thereon: RESIDENTIAL NTIAL UDGMENTAiv MNl. 5151,287.55 This ad ran on the date(s) shown below: 01/22/13 01/29/13 02/05/13 Sworn to and subscribed before rr this 14 day of February, 2013 A.D. COMMONWEAL ublic OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES