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HomeMy WebLinkAbout13-4811 Supreme Court o ;'Pennsylvania Cou dhimori .leas For Prothonotary Use Only: G 1 Co, er Sheet CUUIl Docket No: ^ ✓ CUM$ LAND � � t The information collected on this form i s used solely for court administration Purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lain or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons Q Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: JAMES B. NUTTER & COMPANY ANNA H. LUBIC T Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? El Yes [E No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? p Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff" /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC 0 Check here if you have no attorney (are a Self - Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass fort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle Debt Collection: Other Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) Employment Dispute: Slander/Libel/ Defamation Discrimination C Other: El Employment Dispute: Other Zoning Board I© Other: , I ll Other: O MASS TORT E] Asbestos N 0 Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment � Common Law /Statutory Arbitration B M Eminent Domain/Condemnation Q Declaratory Judgment D Ground Rent Mandamus Q Landlord/Tenant Dispute Non - Domestic Relations ®x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto ©i Dental Partition (] Replevin E] Legal Quiet Title Other: Medical Other: Other Professional: Updated 1/1/2011 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 U. Iffl � F1�1i� Meghan K. Boyle, Esquire Id. No. 201661 0 f;� Sean P. Mays, Esquire Id. No. 307518 (] AUG Richard J. Nalbandian, lI1, Esquire Id. No. 312653 A�f 113 02 1310 Industrial Boulevard, Suite 101 ffU1`1L9ERLAP40 COUNTY Southampton, PA 18966 PEE L pp,1�1� Telephone: 215- 942 -2090 ATTORNEYS FO�PL INTIFF JAMES B. NUTTER & COMPANY COURT OF COMMON PLEAS 4153 BROADWAY KANSAS CITY, MO 64111 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. No. ANNA H. LUBIC, 4 WOODMERE DRIVE COMPLAINT IN CAMP HILL, PA 17011 MORTGAGE FORECLOSURE DEFENDANT 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 defense 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 #C q 93S s IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO T141S COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRK & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215- 942 -2090 ATTORNEYS FOR PLAINTIFF JAMES B. NUTTER & COMPANY COURT OF COMMON PLEAS 4153 BROADWAY KANSAS CITY, MO 64111 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. No. ANNA H. LUBIC, 4 WOODMERE DRIVE COMPLAINT IN CAMP HILL, PA 17011 MORTGAGE FORECLOSURE DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. James B. Nutter & Company, (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Upon information and belief, Anna H. Lubic, (hereinafter referred to as Defendant) is an adult individual residing at 113 Arnold Road, Enola, PA 17025. 3. Plaintiff brings this action to foreclose on the mortgage between Anna H. Lubic and itself as Mortgagee. The Mortgage dated September 25, 2009, was recorded on October 14, 2009 in the Office of the Recorder of Deeds in Cumberland County Instrument Number: 200935099. A copy of the Mortgage is attached hereto as Exhibit'A'. 4. The Mortgage secures the indebtedness of a Note executed by Anna H. Lubic on September 25, 2009 in the original principal amount of $240,000.00 payable to Plaintiff with an initial interest rate of 3.496 %. A copy of the Note is attached and made a part hereof as Exhibit'B'. 5. Pursuant to the Note, immediate payment of the principle and interest is due if the property ceases to be the principle residence of the borrower for other reasons then death. 6. Upon information and belief, the Defendant no longer occupies the mortgaged premises as a principle residence. 7. The land subject to the mortgage is 4 Woodmere Drive, Camp Hill, PA 17011. A copy of the Legal Description is attached as part of the Mortgage as Exhibit'A' and incorporated herein. 8. Donald G. Lubic and Anna H. Lubic are the Record Owners of the mortgaged property located at 4 Woodmere Drive, Camp Hill, PA 17011. 9. The Mortgage is now in default due to the failure of Defendant to reside at the mortgaged premises as the principle place of residence. As a result of the default, the following amounts are due: Principal Balance $217,296.90 Interest to 8/30/13 $615.27 One Month MIP $89.30 Appraisal $465.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,650.00 TOTAL $220,666.47 plus interest 8/31/2013 at a variable rate per day, costs of suit and attorney's fees. 10. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 11. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with Notice of Intention to Foreclose ( "Act 6 Notice ") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ( "Act 91 Notice ") 35 P.S. Section 1680.403c. 12. The Act 6 Notice of Intention to Foreclose was required and was sent to the Defendant by regular and certified mail on June 10, 2013. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 13. The Mortgage is a Federal Housing Administration ( "FHA ") insured loan, and in accordance with 35 P.S. Section 1680.401c(a)(3) the notice provisions of 35 P.S. Section 1680.403c are not applicable and, therefore, Plaintiff was not required to send the Act 91 Notice of Homeowners' Emergency Mortgage Assistance. WHEREFORE, Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendant, in the sum of $220,666.47 together with the interest 8/31/2013 at an adjustable rate per day, costs of suit and attorney's fees. POWERS, KIRN & JAVARDIAN, LLC By ❑ Gregory Javardian, Esquire Id. No. 55669 ❑ Mary F. Kennedy, Esquire Id. No. 77149 V lan K. Boyle, Esquire Id. No. 201661 P. Mays, Esquire Id. No. 307518 ard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT °A° 399 9 L� 001 LEE Prepared by and Return to: JameNB._NutterA�Pornpany Core selawmem servC$8 By 4153s s 8 M mal*et ghd Ka n tty, Miss un 64l 1( Camp Hpl, PA !TOli FHA Case Number: 441 - 9399661 - 952 -255 Commonwealth of Pennsylvania OPEN -END MORTGAGE (HOME EQUITY CONVERSION) THIS MORTGAGE SECURES A REVERSE MORTGAGE LOAN THIS MORTGAGE ( "Security Instrument ") is given on September 25, 2009. The mortgagor is Anna H_ Lubie, whose address is 4 Woodmere Drive, Camp Hill, PA 17011 ( "Borrower "). This Security Instrument is given to James B. Nutter & Company, which is organized and existing under the laws of Missouri, and whose address is 4153 Broadway, Kansas City, MO 64111 ( "Lender "). Borrower has agreed to repay to Lender amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement "). The agreement to repay is evidenced by Borrower's Note dated the same date as this Security Instrument ('Note"). This Security instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, including all future advances, with interest at it rate subject to adjustment, and all renewals, extensions and modifications of the Note, up to a maximum principal amount of Two Hundred Forty Thousand and 001100 Dollars (U.S.3240,000.00); (b) the payment of all other sums, with interest, advanced under Paragraph 5 to protect the security of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. The full debt, including all amounts described in (a), (b), and (c) above, if not paid earlier, is due and payable on October 29, 2073. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CumberlandCounty, Pennsylvania, which has the address of: 4 Woodmere Drive, Camp Hilt, PA 17011, and is described more fully on Exhibit A attached to and hereby incorporated into this Mortgage ( "Property Address'). TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, 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 COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note. PA I Mmpga - , 2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement. 3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire. This insurance shall be maintained in the amounts, to the extent and for the periods required by Lender or the Secretary of Housing and Urban Development ( "Secretary"). Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender.. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss to Lender, instead of to Borrower and Lender jointly. Insurance prod shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security instrument held by the Secretary on the Property and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 4. Occupancy, Preservation, Maintenance and Protection of the Property, Borrower's Loan Applicationi Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence after the, execution of this Security Instrument and Borrower (or at least one Borrower, if initially more than one person are Borrowers) shall continue to occupy the Property as Borrower's principal residence for the term of the Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the tease. If Borrower acquires fee title to the property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. S. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument in the manner provided in Paragraph 12(c). If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property PA 1 Mortpge -2- and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the Secretary for the Mortgage Insurance Premium ( "MIP ") as defined in the Loan Agreement as well as all sums due to the loan serviccr for servicing activities ( "Servicing Fee ") as defined in the Loan Agreement. Any amounts t disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Sectuity Instrument. 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation, or other taking of any part of the Property, or for conveyance in place of condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under the Second Note and Second Security Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness under the Note and this Security Instrument Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security lnslrumem shall be paid to the entity legally entitled thereto. 1 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt (a) Due and Payable. Lender may require immediate payment in fall of all sums secured by this Security Instrument if: (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower retains (a) title to the Property in fee simple, (b) a leasebold under a lease for not less than 99 years which is renewable or a lease having a retraining period of not less than SO years beyond the date of the 100th birthday of the youngest Borrower, or (c) a life estate in the Property (or retains a beneficial interest in a trust with such an interest in the Property). (b) Due and Payable with Secretary Approval. Lender may require irrumediate payment in full orall stuns secured by this Security Instrument, upon approval by an authorized representative of the Secretary, if. (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; or (ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower under this Security Instrument is not performed. (c) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in Paragraph 9(a)(ii) and (b) occur. (d) Notice to Secretary and Borrower Lender shall notify the Secretary and Borrower whenever the loan I PA V Mortgage -3- becomes due and payable under Paragraph 9(a)(ii) and (b). Lender shall not have the right to commence foreclosure until Borrower has had thirty (30) days after notico to either: (i) Correct the matter which resulted in the Security Instrument coming due and payable; or (ii) Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or (iv) Provide the .Lender with a deed in lieu of foreclosure. (e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be. considered as having a principal residence for purposes of this Paragraph 9. [� Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be eligible for insurance under the National Housing Act within eight (8) months from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to eight (B) months from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. if this Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any ' difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. 11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower shall correct the condition which resulted in the requirement for immediate payment in full. Foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with a foreclosure proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if Lender has accepted reinstatement after the commencement of foreclosure proceedings within two (2) years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security Instrument. I2. First Lien Status. (a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a). if Lender determines that the original lien status of the Security Instrument is jeopardized under state law (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amount stated or the maximum period under which loan advances retain the some lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and recordation of one or more documents, then Lender shall obtain title evidence at Borrower's expense. If the title evidence indicates that the Property is not encumbered by any liens (except this Security Instrument, the Second Security Instrument described in Paragraph 13(a) and any subordinate liens that the Lender determines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessary to protect the priority of the lien status of future loan advances. Borrower agrees to execute such documents. If state law does not PA V Mongpp -4- i� F , permit the original lien status to be extended to future loan advances, Borrower will be deemed to have failed to have perforMed do obligation under this Security instrument. (b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any liens created by the tax deferral are not subordinate to this Security Instrument. (c) Prior Liens. Borrower shalt promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to all amounts secured by this Seonrity Instrument. If Lender determines that any part of the Properly is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ten (10) days of the giving of notice. 13. Relationship to Second Security Instrument. (a) Second Security Instrument. In order to secure payments which the Secretary may make to or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the Loan Agreement, unless otherwise provided by tho Secretary, the Secretary has required Borrower to execute a Second Note and a Second Security instrument on the Property. (b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not be included in the debt under the Note unless: (i) This Security Instrument is assigned to the Secretary, or i (ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary. If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on the ' payments but excluding late charges paid by the Secretary, shall be included in The debt under the Note. (c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not: (i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required payment in full f of all outstanding principal and accrued interest under the Second Nate; or (ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued interest has been included in the principal balance under the Note. (d) No Duty of the Secretary. The Secretary has no duty to Leader to enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though Lender may be unable !o collect amounts owed under the Note because of restrictions in this Paragraph 13. I 14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver at or preclude the exercise of, any right or remedy. 15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or obligations under this Security Instrument or under the Note, except to a trust that meets the requirements of the Secretary. Borrower's covenants and agreements shall be joint and several. 16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to PA I'Mongage -5- the Property Address or any other address all Borrowers jointly designate. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. 17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument. NON - UNIFORM COVENANTS. Borrower and Lender farther covenant and agree as follows: 19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 19. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. 1 This assignment of rents of the Property shall terminate when the debt secured by this Security Instrument is paid 1 in full. 20. Foreclosure Procedure. if Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph 20, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made, regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or taxes. 22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of Three and 496/1000 percent (3.496 %) which accrues on the unpaid principal balance {"initial Interest hate ") is subject to change, as described below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal balance. Each adjustment to the interest rate will be based upon the One-Month London Interbank PA V moripge -6- Offered Rate ( "LIBOR ") as made available in the "Money Rates" section of the Wall Street Journal ( "Index ") plus a margitt.. if the Index is no longer available, Lender wilt be required to use any index prescribedby the Department of Housing and Urban Development, The new index will have a historical movement substantially similar to the originAl index, and the new index and margin will result in an annual percentage rate that is substantially similar to the rate in effect at the time the original index becomes unavailable. Lender will perform the calculations described below to determine the new adjusted interest rate. The interest rate may change on the first day of November 1, 2009, and an_ that day of each succeeding year, X the first day of each succeeding month ("Change Dale's until the loan is repaid in full. The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the Change Date ( "Current Index "). Before each Change Date, the new interest rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the Current Index, subject to the rate limitations below, will be called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be compared to the interest rate in efr'ect immediately prior to the current Change Date (the "Existing Interest Rate'i. T „ Annually Adjusting Variable Rate Feature - The Calculated Interest Rate will never increase or decrease by more than two percentage points (2.0 0 /9) on any single Change Date. The interest rate will never be more than five percentage points (5.0 %) higher or lower than the Initial Interest hale stated in Paragraph 2 of the Mote. X Monthly Adjusting Variable Rate Feature - The Calculated Interest Rate will never increase above 13.496 %. The Calculated Interest Rate will be adjusted i f necessary to comply with the rate limitation(s) described above and will be in effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing Interest Rate, the interest rate will not change. 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 I is permitted by 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 lime, exemption from attachment, levy and sale, and homestead exemption, i 25. Reinstatement Period. Borrower's time to reinstate provided in Paragraph I 1 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money 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. 28. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan Agreement, including Loan Advances of principal to Borrower as well as Loan Advances for interest, MIP, Servicing Fees, and other charges shall be obligatory. PA I' Nfongoge -7- , 4 29. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check all riders that are applicable.] Condotninium Rider PUD Rider Shared Apereciation Rider Other This is a contract 'urider seal and may be enforced udder 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(s) executed by Borrower and recorded with it. Witnesses: Signature: �p ANNA H. LUBIC (Borrower) Notary Acknowledgement Commonwealth or Pennsylvania — _rr Countyof Cumbe r - 10 — nd On th' , the O4.f day of , 20� before me, the undersigned officer, personally appeared Anna H. Lubie, known to me (or satisfa rily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof I hereunto set my band and official seal. oral :c Commonwe of Pennsylva NOTARIAL SEAL [SEAL) LAUREN B IINGLES, NOTARY PUBLIC /�� SHP,EWSBURY TOWNSHIP, York County My commission expires: /CG/, '/� My Commission Expires December 5, 2009 PA I' Maitpp -g' CERTIFICATE OF RESIDENCE OF MORTGAGEE Lwe certify that the address of the within -named mortgagees) is: 4153 Broadway, Kansas City, A10 64111 Mortg ee or Authorize repr entative of mortgagees) Mortgagee Print Name: — ame: -4 � . � Print Name: Title (if not Mortgagee): _ I PA l' Mongage - 9 - 1 1 EXHIBIT A Exhibit A to the Mortgage given on September 25, 2009, by Anna H. Lubic ('Borrower ") to James B. Nutter & Company ( "Lender "). The Property is located in the county of Cumberland, state of PA, and is described as follows: Description of Property Legal Description attached hereto as'Exhibit Rand by this reference made a part hereof. C' Stewart Title Guaranty Company Commitment Number: 2009080040PK" SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tract or parcel of land with improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Easterly line of Woodmere Drive which point is 125.60 feet South of the Southeasterly corner of Nottingham Road and Woodmere Drive and at dividing line between Lots Nos. 13 and 14, Block "N" on the hereinafter mentioned Plan of Lots; Thence along said dividing line North 58 degrees 15 minutes East 99.88 feet to a point at dividing line between Lots Nos. 12 and 14, Bock "N" on said Plan; Thence along said dividing line South 47 degrees 49 minutes East 83.25 feet to a point at dividing line between Lots Nos. 14 and 15, Block "N" on said Plan; Thence along said dividing Ilne South 58 degrees 15 minutes West 122.92 feet to a point on the Easterly line of Woodmere Drive aforesaid; Thence along same North 31 degrees 45 minutes West 80 feet to a point the place of BEGINNING. BEING premises known as 4 Woodmere Drive Parcel #13 -25 -022 -279 i , ALTA Commitment Schedule C ( 2009080040PK ,PFD200908004OPKI31) ROBERT P. ZIE GLER RECORDER OF DEEDS CUMBERLAND COUNTY .I COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 -rte ,IK -. - Instrument Number - 200935099 Recorded On 10/1412009 At 12 :02 :03 PM * Total Pages - 12 * Instrument Type - MORTGAGE Invoice Number - 54127 User ID - RZ * Mortgagor - LUBIC, ANNA H * Mortgagee - NUTTER JAMES D & COMPANY * Customer - CORE SETTLEMENT SERVICES * FEES — STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES - $25.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $62.50 I Certify this to be recorded in Cumberland County PA 1 C ou RECORDER O D EDS t�so "- Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001LEEi f f } �)I I �II IIi IIIII I �Ij EXHIBIT'B' r ADJUSTABLE RATE NOTE (ROME EQUITY CONVERSION) STATE OF PA September 25, 2009 PROPERTY ADDRESS FHA Case Number: 441- 9399661-952.255 4 Woodmere Drive MIN Number: Camp Hill, PA 17011 Cumberland COUNTY 1. DEFINITIONS "Borrower" means each person signing at the end of this Notes "Lender" means James S. Nutter & Company and its successors and assigns. "Secretary" means the Scaotary of horsing and Urban Development or his or her authorized representatives. 2. BORROWER'S PROMISE 'TO PAY, INTEREST In tertian for amounts to be advanced by Latch up to a maximum principal amount of Two Hundred Forty Thousand and 00/100 Dollars ($240,000,00), to or for the benefit of Borrower under the terms of a Home Equity Conversion Loan Agreement dated September 25, 2009 ( °Loan Agreement'), Borrower premises to pay to the order of Lender a principal amount equal to the sum of all Usti Ad% mxs madewlder the Lola Agretrnalt with interest. All amounts advaosed by Lender, plus interest, if tux Paid earlicr, are due and payable on October 29, 2073. Interest will be charged on unpaid principal at the rate of Three and 49&1000 percent (3A96 per year until the full amount of principal has been paid The interest rate may change in accordant with Paragraph S of this Note. At the end of each month, accrued intereu shall be added to and tirade parr of the principal balance as a Loan Advance and shell likewise thereafter bear interest. The interest rate required by this Paragraph 2 and Paragraph S of ihis Note is the rate of interest Borrower will pay on the outstanding balance both before and after this Note becomes due and payable as described in Paragraph 7 of this Note, until repayment in full is made. 31 PROMISE TO PAY SECURED Barrowces promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called this "St vwity Instrument." The Security Instniment protects the Leader bran losses which might result if Borrower defaults under this Note. 4. MANNEROB PAYMENT , (A) Time Borrower shat pay all outstanding principal and accrued interest to Lender upon receipt of notice by Lender requiring immediate Payment in full, as provided in Paragraph 7 or" Note. (B) Place I Payment shell be made at 4153 Broadway, Kansas City, MO 64111 or any such Air ping as Lender may designate in writing by notice to Borrower. (C) Limltadon of Liability Borrower shall have no personal liability for payment of the debt. Lender shall =rm= the debt only through sale of the Property covered by the Security Instrument ("Property"), If this Note is assigned to the Secretary, the Borrower shall not be liable for any difference between the mortgage insurance benefits paid to [ender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment. S. INTEREST RATE CHANCES (A) Change Date The interest rate may change on November 1, 2009 and on _ that day of each succeeding year, or --X_ the flrst day of each succeeding month. " Change pate° means each date on which the interest rate could change (B) The index Beginning with the ft Change bate, the Interest rate will be based an an index, "index" means the One -Month London Interbank Offered Rate ("LIBOR ") as =do available in the "Money Rat& section of the Wall Street Journal- "Current Index" means the most recent fader figure available 30 days before the Change pale, If the Index (as defined above) is no longer available, lender will use as a new Index any index prescribed by the Stardary. Lender vnli give Borrower notice of the new Index. (L7 Calculation of interest Rote Changes Before each grange Date, Lender will calculate a new interest rate by adding a margin 01 3150 percentage points to the Current Index. Subject to the limits stated is Paragraph 5(D) of this Note, this amount will be the now interest rate until the neat Change Date Fast Note T I I r (D) Limits on interest Rate Changes Annual: The interest rate will never increase or decrease by more than two percentage points (2.(11/0) on any single Change Date. 'fire intorest rate will never be more than five percentage points (5.0 %) higher or lower than the initial Interest rata stated in Paragraph 2 of this Note X Monthly; The interest rate will never increase above 11496%. (E) Notice or changes Lender will give notice to Borrower of any change la the interest rate. The notice must be given at least 25 days before the new Interest rate takes effect, and must act forth (1) the data of tho notice, CH) this Mange Date, Geri) the old interest eerie, (iv) the new interest rate, (v) the Current Index and the date h was publisht:d. (A) the method of calculating the adjusted interest tale, and (vv) any otherinfbrmation which maybe required by law from time to time. (F) Elfeedve Date of Changes A now interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Data, unless the grange Date oeceus lees than 25 days after Lender has given the required erotica If the interest rate calculated In accordance with Paragraphs 5(C) and 5(D) of this Note decreased, but Lender failed to give timely notice of the decrease and applied a higher rate than the role which should bavc been stated in a timely nofisa, then Lender shall recalculate the principal balance owed under this Note so it does not refled any excessive interest 6. BORROWER'S RIGHT TO PREPAY A Borrower receiving monthly payments under the Loan Agreement has theright to pay the debt evidencod by this Note, in whole or in part, without charge or penalty. Any amount of debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph I I of this Nato and than to reduce the principal balanco of this Notes All prepayments of tho principal balance shall be applied by Leader as follows; gjoil, to that portion oftheprineipal balance representing aggregate payments for mortgage insurance premiums, Second to that portion of the principal balance tcpresenting aggregate payments for servicing fats, Third. to that portion of thaprincipal balance representing accrued interest due under the Note, and Egurib, to the remaining portion of the principal balance. A Borrower may specify whether a prepayment is to be credited to that portion of the principal balance repreaanting monthly payments or the line of credit. If Harrower does not designate which portion of tho principal balance is to bat prepaid, Leander shall apply any partial prepayments to an existing line of cradle or create a new line of credit. Any partial payments will be made available to Borrower by increasing the amount of Borrower's monthly Payments and/or Increasing the anioual available to Borrower fbr Loan Advances under a line of crodit. 7. IMMEDIATE PAYMENT IN FULL (A) Death or Suit Leader may require immediate payment in full of all outstanding principal and accrued interest if: (i) A Borrower dies and the Property is not the principal residence of at least oar. surviving Borrower; or (ii) All of a Borrower's title in the Property (or his or her beneficial Interest in a trust owning all or part of the Property) is sold or otherwise transferred and no other Borrower regains (a) title to the Property in fee simple, (b) a Imschold under a lease for not less than 99 yeam which is renewable or a lease having a remaining period of not less than 50 years beyond the date of the 100th birthday of the yuogelt Borrower, or (c) a life estate In the Property, (or retains a beneficial interest In a trust with such an interest in the Property). (B) Other Grounds Landes may require immediate payment in full of ell outstanding principal and accrued interest, upon approval by an authorized representative of the Secretary, if (i) The Property ceases to be the principal residence of a Borrower for reasons other then death and the property u not the principal residence of at least ease othm Borrower; Ci i) For a period of lengar than twelve (12) consecutive months, a Borrower rails, to physicayoccupy the Property . bemuse of physical at mental illness and the Property is not the principal residence of at least one other Borrower; or (iii) An obligation of the Borrower undo the Security Instrument is nor performed . (C) Payment crCosts and Expenses If Lender has required immediate payment in fWl, as described above, the debt enfa•ced through sale of the Property may Include costs and expenses, including reasonable and customary attorneys' fees, associated With enforcement of this Noteto the extent not prohibited by applicable low. Such fees and costs shall bear interest frcart the date ofdisbtusement at the same rate as the principal of this Note ` Plra NW= I 2 0 (D) Trusts. Conveyance of a Borrower's interest in the Property to a trust which mess the requirements of the Secretary, or conveyance of a trust's interests in (he Property to a Borrower, shall not be considered a rmveyanco for purposes of this Paragraph. A trust shall not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph. 1 & WAIVERS Borrower waives the rights of presentment and notice ofdishonor. 'Presentment' means the right to require Lender to demand payment of amounts due. "Notice of dishonoe' means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVING OFNOTICES Unless applicable law requires a different method, may notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or tit a different address if Borrower has given the Smetary a notice of Borrowds different address. Any notice that must be given to the Secretary under this Notc will be given by first class mail to the HUD Field Oflico with jurisdiction over the Property or any other address designated by the Secretary. 16. OBLIGATIONS OF PERSONS UNDER THIS NOTE If mom than one person signs this Note, each person is fully obilgated to keep all of the promiaos mada in this Note, Leadermay enforce Its rights under this Note only through sale of the Property. 11. RELATIONSHIP TO. FIRST NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower purausat to Section 255(i)(1)(A) of the National Housing Act and the Lean Agreement, the Secretary has required Borrower (o grant this Note to the Secretary. (B) Relationship of Secretary Payments to First Note PaytnenU made by the Secretary shall be Included in the debt due under this Note unless- (i) The First Note is assigned to the Secemy, err (10 The Secretary Accepts reimbursements by the Lender for all payments made by the Secretary. If the eirtarnslanees described in (r) or (i) occur, then a ll paymenu made by the Secretary, inchuding interest on the payments, shell be included in the debt underthc First Note, P Notice of Interest Rate Adjustments Borrower agrees that as long as the holder of the First Note continues to make Loan Advances, any notice of interest rate adjustment gives to Borrower under Paragraph 5(8) of the First Note shall also be considered to be notice to Harrower under Paragraph 5(E) ofthis Note, so that the same interest rate shall apply for the First Nate and this Note, BY SIGNING BELOW, Borrower accepts sad agrees to the tomes and covenants contained in this Note. Dsted: Sentgmher 2& 2009 e Antra H. Lubie (Borrower) &xmed Note 3 L f EXHIBIT ` C' JAMES B .NUTTER COMPANY umoxtgage Ba► bae [816] 531 -2345 WESTPORT/PLAZA OFFICE [800] 875 -7334 4153 BROADWAY P.O. BOX 10346 JUNE 10 , 2013 KANSAS CITY, MISSOURI 64171 -9936 ANNA H LUBIC 113 ARNOLD RD ENOLA PA 17025 RE: JBN Loan Number MOM Property at: 4 WOODM ERE DRIVE CAMP HILL PA 17011 -7941 NOTICE OF INTENT TO FORECLOSE Our records reflect that a default now exists on the above referenced loan. The default consists of the failure to payoff the loan balance after the borrower(s) vacated the property, as required by the Deed of Trust /Mortgage securing the Promissory Note underlying this home loan. Per the terms of the Deed of Trust /Mortgage, you have thirty (30) days from the date of this letter to either: 1) Correct the matter which resulted in the Security Instrument coming due and payable; or 2) Pay the balance in full; or 3) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or 4) Provide the Lender with a deed in lieu of foreclosure. In order to cure the default by paying the balance in full, payment must be made by Certified Funds Only to the offices of the undersigned on or before the expiration of thirty (30) days from the date of this letter. Attached is a Reverse Mortgage Payoff Statement with the amount due needed for payment by the end of this month. For an amount past that date you will need to contact our payoff department at 816 -531 -2345. This letter serves as further notice that James B. Nutter & Company intends to enforce the provisions of the Note and Deed of Trust (Mortgage). Unless you cure the default on or before 30 days from the date of this letter, this shall serve as further notice to you that immediately thereafter, and without further demand or notice to you, James B. Nutter & Company shall accelerate the entire amount due of both principal and interest, which shall become immediately due and payable, invoke any remedies provided for in the Note and Deed of Trust (Mortgage), including but not limited to the foreclosure sale of the property. If such action should occur, any additional attorney fees and costs necessary to protect our interest, as provided for in the Note and Deed of Trust (Mortgage), will be your responsibility should you choose to cure the default at a later date. Sincerely, J Foreclosure Department 800- 315 -7334 FCR125 — Revised 4 -24 -2012 C W WiL N00�6 NMLS I.D.# 2067 www.jamesbnutt LENDER 5 Ln Ln m Postage S Ir C3 Certified Fee C Postmark Rehun Receipt Fea Here C (Endorsemerd Requrced) Restrloted Demiv Fee G (Endoreement Requlmd) Ln RM Q lbtal Postage & Fees m nu L� , — S5 L3 T%- �....�_ I I i I II m:.r fM u1 JAMES B.NUTTER COMPANY Lmox"e [2 531 -2345 WESTPORT/PLAZA OFFICE [SU0] 875 -7334 4153 BROADWAY P.O. BOX 10346 JUNE 10, 2013 KANSAS CITY, MISSOURI 64171 -9936 ANNA H LUBIC 4 WOODMERE DRIVE CAMP HILL PA 17011 -7941 RE: JBN Loan Number i Property at: 4 WOODM ERE DRIVE CAMP HILL PA 17011 -7941 NOTICE OF INTENT TO FORECLOSE Our records reflect that a default now exists on the above referenced loan. The default consists of the failure to payoff the loan balance after the borrower(s) vacated the property, as required by the Deed of Trust /Mortgage securing the Promissory Note underlying this home loan. Per the terms of the Deed of Trust /Mortgage, you have thirty (30) days from the date of this letter to either: 1) Correct the matter which resulted in the Security Instrument coming due and payable; or 2) Pay the balance in full; or 3) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or 4) Provide the Lender with a deed in lieu of foreclosure. In order to cure the default by paying the balance in full, payment must be made by Certified Funds Only to the offices of the undersigned on or before the expiration of thirty (30) days from the date of this letter. Attached is a Reverse Mortgage Payoff Statement with the amount due needed for payment by the end of this month. For an amount past that date you will need to contact our payoff department at 816- 531 -2345. This letter serves as further notice that James B. Nutter & Company intends to enforce the provisions of the Note and Deed of Trust (Mortgage). Unless you cure the default on or before 30 days from the date of this letter, this shall serve as further notice to you that immediately thereafter, and without further demand or notice to you, James B. Nutter & Company shall accelerate the entire amount due of both principal and interest, which shall become immediately due and payable, invoke any remedies provided for in the Note and Deed of Trust (Mortgage), including but not limited to the foreclosure sale of the property. If such action should occur, any additional attorney fees and costs necessary to protect our interest, as provided for in the Note and Deed of Trust (Mortgage), will be your responsibility should you choose to cure the default at a later date. d Sincerely, Foreclosure Department 800- 315 -7334 FCR125 — Revised 4 -24 -2012 NMLS I.D.# 2067 www.jamesbnuttercom L �ENDER _911bVIRT m. JAMR5 B. NUTTER & COMPANY 4153 BROADWAY %k - s P.O. BOX 10346 s KANSAS CITY, MO. 64171 -0346 i 04!.'57 i 1':. JUN :G 2013 7022 3050 [311110 9530 6544 x.�All Hill! ntl, ;' 00GE 64111 w N + JUNE 10, 2013 S � Ks 17 ti ` t 'l &aZ,%, i 3. i ANNA H LUBIC RE T i_' R .i TO 4 WOODMERE DRIVE V. &ANT CAMP HILL PA 17011 -7941 '! 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PY!+•"&;1 "1"'�":.'A;li;'R YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME LOCATION FEATURES Delivered June 13, 2013,12:01 pm ENOLA, PA 17025 Certified Mail' Depart USPS Sort June 13, 2013 HARRISBURG, PA 17107 Facility Processed through June 13, 2013,12:25 am HARRISBURG, PA 17107 USPS Sort Facility Processed through June 12, 2013, 5:14 pm HARRISBURG, PA 17107 USPS Sort Facility Depart USPS Sort June 10, 2013 KANSAS Facility CITY, MO 64121 Processed through June 10, 2013, 7:10 pm KANSAS USPS Sort Facility CITY, MO 64121 Check on Another Item What's your label (or receipt) number? LE;3'AL ('ti Usp:S. `Gv, 0,N A 0UT.U' O , rw�k U;Spz SuEs f�sV c.., e - I'.�'_ <,a ,�.::(I .,,J.1 � *.- n-- >-;b"� , �.:aLE. {1 ��. •. ;a is I'i:�tzs,: I riL:,avi"_' -� ti� ±a•PEti ?A�.' :,�i'11�i�f'' I �: l�asy 14j,. F Fa7 A:;` j - t_ . a• ra t .!.1 - - i.':.r,•`..:'6"i'': i�E STS; {''.. C•. i:`. @..h'_t::. 'I,: 9 4f'' r ....a. e. '� P ;tsrar.'IMil•;I!! ; " ?;';�Y� I_�?�.(� q {I �i rx'S,e;l °:: Ei:, https: // tools. Usps. com /go/TrackConfirmAction.action 7/10/2013 r r VERIFICATION The undersigned hereby states that the statements made in the foregoing pleadings are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Name: Bruce Huey Title: Vice President JAMES B. NUTTER & COMPANY Lubic, Anna H. 13 -0876 * POWERS, KIRN & JAVARDIAN, LLC !.'� }i-,. "i Gregory Javardian, Esquire Id. No. 55669 R ' G Tj j�)r, Mary F. Kennedy, Esquire Id. No. 77149 I iifC Meghan K. Boyle, Esquire Id. No. 201661 A" 1 1 0 : ti Sean P. Mays, Esquire Id. No. 307518 C�I DER Richard J. Nalbandian, III, Esquire Id. No. 312653 t" �` COUNTY 1310 Industrial Boulevard, Suite 101 r L!�A�1jA Southampton, PA 18966 Telephone: 215- 942 -2090 ATTORNEYS FOR PLAINTIFF JAMES B. NUTTER & COMPANY COURT OF COMMON PLEAS 4153 BROADWAY KANSAS CITY, MO 64111 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. No. ANNA H. LUBIC, 4 WOODMERE DRIVE COMPLAINT IN CAMP HILL, PA 17011 MORTGAGE FORECLOSURE DEFENDANT NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. Date Respectfully submitted, ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 GMSghan K. Boyle, Esquire Id. No. 201661 ❑ can P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, 111, Esquire Id. No.312653 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: • Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile # 1: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): 1. monthly amount $ 2. monthly amount $ Borrower Pay Days: Co- Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel /repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day /Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ❑ No ❑ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No ❑ If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: Phone AUTHORIZATION I /We authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard 2 nd Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -9690 (fax) 215- 942 -9695 Attention: Jennifer McGarrity (tel) 215- 942 -2090 ext. 1326 j ennifer.mcgarritygpkjllc.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �-�rw Sheriff U;, # 4 C3L�fifl =� lr Jody S Smith 2013 AUG 28 AM 10' 31 Chief Deputy Richard W Stewart CU PENNSYL AH'A Solicitor OF 5 E��F THE<f�:Rfr= James B. Nutter&Company vs. Case Number Anna H Lubic 2013-4811 SHERIFF'S RETURN OF SERVICE 08/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Anna H Lubic, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 4 Woodmere Drive, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 08/22/2013 04:56 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be William Floyd, son-in-law,who accepted as"Adult Person in Charge"for Anna H Lubic at 113 Arnold Road, East Pennsboro, Enola, PA 17025. RYAN B RGETT, DEPU SHERIFF COST: $61.90 SO ANSWERS, August 23, 2013 RoN14Y_ R ANDERSON, SHERIFF (c)CountySuite Shariff,Teleosott,Inc. POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL - COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 215- 942 -2090 James B Nutter & Company COURT OF COMMON PLEAS 4153 Broadway Kansas City, MO 64111 CUMBERLAND COUNTY vs. No.: 2013 -4811 Civil Anna H. Lubic 113 Arnold Road Enola, PA 17025 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Anna H. Lubic , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint Interest 8/31/2013 to 5/21/2014 TOTAL $220,666.47 9575.28 $230,241.75 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in da Rule 237.1, copy attached. Damages are hereby assessed as indicated. DATE: 'IVw,` aq , 261 1 Jill M uel= Coughlin, Esqu e Id. No. 63252 ❑Junta Pekalska, Esquire, d. No. 307968 arry B. Reese, Esquire, Id. No. 310501 EDaniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. Mc l nell, Fsquire I No. 313549 Attorneys f Plainti PROTHONOTARY co, .kt 16.sopt aihd # / ?39 . S64° (*1 y Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 01 %or of 0:ll(1bef.fr�,A 0.A, : !CE ShEFJFF James B. Nutter & Company vs. Anna H Lubic Case Number 2013 -4811 SHERIFF'S RETURN OF SERVICE 08/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Anna H Lubic, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 4 Woodmere Drive, Lower Allen, Camp Hill, PA 17011. Residence is vacant. 08/22/2013 04:56 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be William Floyd, son -in -law, who accepted as "Adult Person in Charge" for Anna H Lubic at 113 Arnold Road, East Pennsboro, Enola, PA 17025. SHERIFF COST: $61.90 RYAN B RGETT, DEPU SO ANSWERS, lr • C. August 23, 2013 RONNY R ANDERSON, SHERIFF (c) CountySude Shalt, Teleosofl Inc. #13-0876 POWERS, KIRN & JAVARDIAN, LLC GREGORY l^YAXD/AN.ESQUIRE ID. NO. 55669 JILL MxNUCL-Cx}OG8i|N.6uU|REID. NO. 63252 MARY F. KENNEDY, ESQUIRE ID. NO. 77149 MEGHAN K.80YLC.ESQUIRE ID. NO. 201661 SEAN P. MAYS, ESQUIRE ID. NO. 307518 RICHARD J. NALI3ANI)IAN, III, ESQUIRE ID. NO. 312653 1310 INDUSTRIAL BOULEVARD 2»» FLOOR, SUITE 2OZ SOUTllAMyTON.PA 18966 (215) 942-2090 Attorneys for Plaintiff JAMES 13. NUTTER &COMPANY Plaintiff VS. ANNA H. LUBIC Defendant Anna H. Lubic, 4 Woodmere Drive Camp Hill, PA 17011 DATE OF NOTICE: 2013 �w,\� ' `7^~"w u In the Court of Common Pleas CUMBERLAND COUNTY No. 13-4811 Civil Anna H. Lubic, 113 Arnold Road Enola, PA 17025 NOTICE, RUL 237] IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten (10) days from the date of this notice, ajudgnient may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Mid Penn Legal Services 8 Irvine Row Carlisle, PA |7OD- Phone: 7|7-243-94OO Cumberland County Bar Association 32 S. Bedford Stree Carlisle, PA 1708- Phone: 717-249-3166 Powers &hn&Juvardian, LLC o Gregory ]nvardao,Esquire Id. No. 55669 o ]U|K4uuuo|-Cough|io, Esquire Id. No. 63252 o Mary F. Kennedy, Esquire Id. No. 77149 o Meghan K. Boyle, Esquire Id. No. 20l66| o Sean P. Mays, Esquire Id. No. 307518 ±itDxniu|C.Fanuod|n. Esquire |d No. 3|229Z o Richard J. Nalbandian, Ill, Esquire Id. No. 312653 Usted se encuentra en estado de rebeldia por no haber tornado hucdm/^moUdudcsupunccoomec,n. Al no tomar huccioo dcNdudvuondeoo termitic) dcdieo(lNdimdnom,nnhUoo ioo.dthhumUpodm.sionrcosidadd000npoorecorustedcn conovocvohmp,vcbual&u"a,dicmxucotenoiaonsumn,na,xstedyxx8opmdorNcoosyotro^dvochoshopvn:oxm. Dehe |\c,orouuooUUmoiunuuouhoguJoimmcdiotemcntexiomeduu/ioxoohvgxdn.o,iov/icnudioomn/Uc|onmpomm|xc,viciv' vxyvcupoovnuo\|mncp^,tdpk`oouk`uOcinu,cvTodireociooxomo/oxn`oscri/anhajvpar,uvo,i&uwrdvndcxxpuode conseguir assistencia legal. "NOTICE PURSUAN'1'TO FAIR DEBT CoLLECTION PRACTICES ACI' THIS IS AN AT-FEMpT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL - COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 215- 942 -2090 James B Nutter & Company COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Anna H. Lubic No.: 2013 -4811 C.4 t 1 VERIFICATION OF NON - MILITARY SERVICE Harry B. Reese , Esquire, hereby verifies that he /she is attorney for the Plaintiff in the above - captioned matter, and that on information and belief, he /she has knowledge of the following facts, to wit: (a) Defendant(s), Anna H. Lubic , is /are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, Anna H. Lubic, is over 18 years of age, and resides at 113 Arnold Road, Enola, PA 17025. (c) Plaintiff, James B Nutter & Company, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 4153 Broadway , Kansas City, MO 64111. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. tC- ❑Jill uel- Coughlin, Esq re Id. No. 63252 ❑Jglanta Pekalska, Esquire Id. No. 307968 any B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 `LiMatthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff TO: Anna H. Lubic 113 Arnold Road Enola, PA 17025 James B Nutter & Company vs. Anna H. Lubic OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY No.: 2013 -4811 Defendant(s) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default _ Money Judgment Judgment in Replevin Judgment for Possession by Default 2c3A-eP Judgment on Award of Arbitration 549q �y Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kirn & Associates, LLC at this telephone number: (215) 942 -2090. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND James B. Nutter & Company 4153 Broadway Kansas City, Mo 64111 vs. Anna H. Lubic 113 Arnold Rd. Enola, Pa 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2013-4811 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 5/22/2014 to Date of Sale @ $37.85 per diem Subtotal (Costs to be added) oat 4let qb e61:641 98 see/\ip " < Rio Cos TLI $230,241.75 $14,269.45 Powers, Kim & Associates, LLC ❑Ji11 Manuel -Coughlin, Esquire Id. No. 63252 ❑Jolanta Pekalska, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 Daniel C. Fanaselle, Esquire, Id. No. 312292 EMatthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 (215) 942-2090 �d v 3 Of POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 James B. Nutter & Company COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Anna H. Lubic No.: 2013-4811 CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: (' FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit ct 91 co plied with col/of Powers, Kim & Associates, LLC ❑Jill Manuel -Coughlin, Esquire Id. No. 63252 ❑Jolanta Pekalska, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 t aniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff James B. Nutter & Company COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Anna H. Lubic No.: 2013-4811 AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action 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 Woodmere Drive, Camp Hill, Pa 17011: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Anna H. Lubic 113 Arnold Rd. Enola, Pa 17025 2. Name and address of Defendant(s) in the judgment: Anna H. Lubic 113 Arnold Rd. Enola, Pa 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. Secretar of HUD 451 Seventh Street, SW Washington, DC 20410 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 4 Woodmere Drive Camp Hill, Pa 17011 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Powers, Kim & Associates, LLC Dill Manuel -Coughlin, Esquire Id. No. 63252 ❑Jolanta Pekalska, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 ,gDaniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff January 9, 2015 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 James B. Nutter & Company vs. Anna H. Lubic COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2013-4811 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Anna H. Lubic 113 Arnold Rd. Enola, Pa 17025 Your house (real estate) at 4 Woodmere Drive, Camp Hill, Pa 17011, is scheduled to be sold at Sheriffs Sale on June 3, 2015 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $230,242.75, obtained by James B. Nutter & Company, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kim & Associates, LLC at (215) 942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net JAMES P. NUTTER & COMPANY Vs. ANNA H. LUBIC WRIT OF EXECUTION NO 2013-04811 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $230,24.75 L.L.: $.50 Interest FROM 5/22/2014 TO DATE OF SALE AT $37.85 PER DIEM - $14,269.45 Atty's Comm: Atty Paid: $210.65 Plaintiff Paid: Date: 1/13/2015 (Seal) Due Prothy: $2.25 Other Costs: -D6.14eLl David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: DANIEL C. FANASELLE, ESQUIRE Address: POWERS, KIRN & ASSOCIATES, LLC EIGHT NESHAMINY INTERPLEX SUITE 215 TREVOSE, PA 19053 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 312292