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13-6995
Supreme Cowt�offPennsylvania COUr W of�CornmonPleas For Prothonotary Use Only: Cyi><l Over Sheet ( .. 1b ,° Docket No: CUM6I =LAND County^ The information collected on this form is 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 law or rules of court. Commencement of Action: S X! Complaint [] Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: RBS CITIZENS, N.A THOMAS C. ABRAHAM T Are money damages requested? El Yes 0 No Dollar Amount Requested: Elwithin arbitration limits (check one) []x outside arbitration limits O N Is this a Class Action Suit? Yes 0 No Is this an MDJAppeal? Yes El No A Name of Plaintiff/Appellant's Attorney: Alicia M. Sandoval, 311874 0 Check here if you have no attorney (are a Self- Represented [Pro Se] 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 Tort) CONTRACT (do not include Judgments) CIVIL APPEALS -a Intentional © Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card Board of Assessment E] Motor Vehicle Q Debt Collection: Other E] Board of Elections Q Nuisance [] Dept. of Transportation S Q Premises Liability iIi Statutory Appeal: Other Q Product Liability (does not include E Dis ute: E mass tort) P Slander/Libel/ Defamation Discrimination C Q Other: Employment Dispute: Other Q Zoning Board T n Other: I [ Other: O MASS TORT i Asbestos N Q Tobacco 0 Toxic Tort -DES Toxic Tort - Implant REAL PROPERTY Fil Toxic Waste MISCELLANEOUS 0 Other: 0 Ejectment !_j Common Law /Statutory Arbitration Eminent Domain/Condemnation E] Declaratory Judgment El Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial ( Quo Warranto Dental El Partition Replevin El Legal I_ Quiet Title 0 Other: Q Medical C Other: E] Other Professional: Updated 111/2011 MATTLEMAN, WEINROTH & MILLER, P.C. By: Stephen H. Barrett, Esquire, PA# 313709 %rt f i ?0 , By: Alicia M. Sandoval, Esquire, PA# 311874 / ^, y , 401 Route 70 East, Suite 100 ' C PPI 1: 4 3 Cherry Hill, NJ 08034 (856) 429 -5507 Attorneys for Plaintiff Our File No.: 12- 00382 -0 RBS CITIZENS, N.A. COURT OF COMMON PLEAS 7360 S. Kyrene Road Mail Stop T -120 Cumberland County Tempe, AZ 85283 Plaintiff, ................................ ............................... .... ..................... .......... vs. No.: ( . ....................................................... ............................... ........;..-.........-...... 1..:/... ......�........................ THOMAS C ABRAHAM ` "ARBITRATION MATTER 2 Stone Spring Lane, 6 ' ASSESSMENT OF DAMAGES Camp Hill, Pennsylvania 17011 HEARING NOT REQUIRED" Defendant. CIVIL ACTION COMPLAINT CIVIL ACTION: (1. CONTRACT) 1060 - Contracts for Goods, Enforcement of Accounts 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 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. AVISO Le han demandado a usted en la corte. Si usted quiere defenders de estas demandas expuestas en las paginas siguientes, usted tiene veinte (2) dias de plazo al partlr de la fecha de la demanda y la notificacion. Hace falta ansentar una comparesencia escrita o en persona o con un abogado'y entragar a la corte wn forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la coret tomar' medidas u puede continuar is demanda en contra suya sim previo aviso o notificacion. Ademas, la corte puede decidir a favor del emandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importsntes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI LISTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. Cumberland CountyBAR ASSOCIATION /Lawyer Referral Service 213 N. Front Street Harrisburg, PA 17101 717- 232 -7536 OP � &3l/ MATTLEMAN, WEINROTH & MILLER, P.C. By: Stephen H. Barrett, Esquire, PA# 313709 By: Alicia M. Sandoval, Esquire, PA# 311874 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429 -5507 Attorneys for Plaintiff Our File No._ 12- 00382 -0 RBS CITIZENS, N.A. COURT OF COMMON PLEAS 7360 S. Kyrene Road Mail Stop T -120 Cumberland County Tempe, AZ 85283 Plaintiff, .......................................................... ............ ........... ..................... ;............................................. . ................. ................................ vs. No.: ............................ ........... ............ ..... .. ......................................................................... ...................... . . . . .. .......... ............... .......... THOMAS C. ABRAHAM 2 Stone Spring Lane, 6 Camp Hill, PA 17011 Defendant. CIVIL ACTION COMPLAINT 1. RBS CITIZENS, N.A. hereinafter referred to as "Plaintiff', has an address c/o Green Tree Servicing, LLC 7360 S. Kyrene Road, Mail Stop, T -120, Tempe, AZ 85283. 2. The Defendant, THOMAS C. ABRAHAM is an adult individual residing at 2 Stone Spring Lane, 6, Camp Hill, PA 17011. 3. On or about June 18, 2005, the Defendant executed and delivered to First Horizon Home Loan Corporation a HELOC (herein HELOC) under the account 3589. The sum of $ 89,350.00 was financed with an interest rate of 7.500 %. (See Exhibit "A ") 4. First Horizon Home Loan Corporation endorsed the HELOC over to RBS Citizens, N.A. plaintiff is currently the holder of the HELOC. (See Exhibit "A ") 5. RBS Citizens, N.A. appointed Green Tree Servicing, LLC as its attorney -in -fact for purposes of enforcement of the HELOC by granting a Limited Power of Attorney. (See Exhibit "B ") 6. Under the terms of the HELOC, the Defendant was required to make prompt and regular payments. 7. The Note is in default due to the failure of the Defendant to make monthly payments as they became due and owing. The Defendant's last payment was received on or about June 24, 2011. (See Exhibit "C ") The following amounts are due: Principal $ 79,947.56 Interest $ 1,415.34 TOTAL $ 81,362.90 WHEREFORE, Plaintiff demands Judgment against the Defendant in the amount of $81,362.90 together with costs of suit. MATTLEMAN, WEINROTH & MILLER, P.C. Dated: I �-�� i 3 By: 1 E V Stephen . B rett, Esquire, PA# 313709 Alicia M. doval, Esquire, PA# 311874 i V i V I A& states that he /she is a representative for RBS CITIZENS, .A. Plaintiff herein; that they are acquainted with the facts set forth in the foregoing Complaint; that the same are true and correct to the best of his /her knowledge, information and belief; and that this statement is made subject to the penalties of 98 Pa.C.A. section 4904 relating to unsworn falsification to authorities. Date: I !� Gabriela Vivian I Pile No.: 13 -382 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. 2. This is an attempt to collect a debt and any information obtained will be used for that purpose. 3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 4. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy such verification of the debt of copy of the Judgment against you and a copy of such verification or Judgment will be mailed to you by our offices. 5. Upon written request, within 30 days, this office will provide you with the name and address of your original creditor concerning this debt, if different from the current creditor. _.__...._�_ -- EXHIL "A" i i f 4: i. I i i.. f' t' i I I FHHLC MuliiState MULTISTATE HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURES UNDER THE FEDERAL TRUTH -IN- LENDING ACT THIS AGREEMENT, entered into on the 18thday of June, 2005 (the "Effective Date ") is a binding contract between the parties signing below. The Agreement contains your promissory note and also the disclosures required by the Federal Truth -In- Lending Act. Please read all of it and keep it with your permanent records. In this Agreement, the words we, us, our and lender mean FIRST HORIZON HOME LOAN CORPORATION I . a KANSAS corporation . The words you, your, and Borrower mean the Borrower or Borrowers who have signal this Agreement, jointly and severally. The words card or credit card mean VISA Card. Provisions relating to credit cards apply only if credit cards are issued on your Account. 1. Term. The "Term' of this Agreement commences on the Effective Date and consists of two consecutive periods, the "Draw Period" and the "Repayment Period." The length of each period shall be as designated in Paragraph IL The Draw Period begins on the Effective Date; the Repayment Period begins the day after the Draw Period ends. 2. Credit Line and Advances. Subject to the terms and conditions of this Agreement, which you promise to follow, we are committed during the Draw Period to make loans to you and allow you to write checks ( "Check Advances "), make credit card purchases ( "Credit Card Advances ") and obtain cash advances ( "Cash Advances "), (cumulatively referred to as "Advances "), and access the line of credit account (your "Credit Line" or "Account ") by credit (debit) card, check, wire transfer or telephone, subject to your credit limit stated in Paragraph 1 l (your "Credit Limit "). Advances are obtained by accessing your Credit Line through one of these methods. For Credit Card Advances, your merchant will prepare a sales draft or retail charge agreement. We may buy or accept assignments of these drafts and agreements, and we may make Cash Advances directly to you or permit you to obtain Cash Advances through FIRST TENNESSEE or other automated teller machines approved by us. You promise that the total balance of Advances will not exceed your Credit Limit. If we approve or permit any transaction(s) in excess of your Credit Limit, you agree to pay such excess on demand. 3. No Advances During Repayment Period. You will not obtain Advances during the Repayment Period. We may dishonor any credit card transaction, check or other request for Advances presented to us after the Draw Period; however, we may honor such transactions in our discretion if they appear to us to have been made during the Draw Period. 4. Promise to Pay. You promise (jointly and severally, if more than one Borrower has signed this Agreement) to pay to us the total amount of all Advances, all FINANCE CHARGES, fees and other charges you owe, whether such Advances are made to you or to anyone allowed to use your Account. Payment must he sent to us at the address included in your monthly billing statement. 5. Prepayment. You can prepay your Advances in whole or in part at any time without penalty, However, unless waived in writing we will impose a fee if you close your Account within 2 years of the Effective Date of this Agreement. Refer to Section 20 for additional information on Early Termination. 6. Bills. We will send you a billing statement ( "Bill') each month reflecting Advances posted to your Account. We will also do this if there is a balance due us or if there is a credit balance due you of more than $1.00. Sales slips and checks are retained by us. 7. Payments. You must make the minimum payment shown on your Bill ( "Minimum Payment Due ") within 30 days of the cycle closing date shown on your Bill. During the Draw Period, the Minimum Payment Due will be the sum of: (a) all FINANCE CHARGES that have accrued since your last Bill; (b) the Annual Fee, Late Fee, Returned Check Fee or Ovcrlimit Fee, if any, imposed during that month; and (c) all past due payments. Making only the Minimum Payment Due during the Draw Period will not'repay any of the principal. During the Repayment Period, the Minimum Payment Due will be the sum of (a) through (c) above, plus an amount to be computed by adding your "average daily balance subject to FINANCE CHARGE" on Credit Card Advances to that for Cash Advances and Check Advances and dividing the sum by the number of months remaining in the Repayment Period, unless the resulting amount is less than $50.00, in which case the Minimum Payment Due shall be full payment. Payments are applied in the order described in Paragraph 15. All of your indebtedness under this Agreement remaining at the end of the Term is immediately due and payable. .8. FINANCE CHARGE on Credit Card Advances. (a) If you pay your new balance in full within 30 days of the cycle closing date shown on your Bill, we will not impose any FINANCE CHARGE on the Credit Card Advances. (b) If you do not pay your new balance in full within 30 days of the cycle closing date, we will impose a FINANCE CHARGE on Credit Card Advances, determined by multiplying your "average daily balance subject to FINANCE CHARGE" on Credit Card Advances by the periodic rate that applies to Credit Card Advances. The result is your FINANCE CHARGE on Credit Card Advances for that period. (c) Your "average daily balance subject to FINANCE CHARGE will be computed as follows: (1) subtract any unpaid FINANCE CHARGE on Credit Card Advances from the balance on your Credit Card Advances at the beginning of each new billing . cycle; (2) subtract payments and credits on the day they are posted to your Account from the previous day's ending balance and add Credit Card Advances on the day they are posted to your Account to the previous day's ending balance. The result is your daily credit card balance subject to FINANCE CHARGE; and (3) add these daily balances and divide the total by the number of days in the billing cycle. The result is your "average daily balance subject to FINANCE CHARGE" for Credit Card Advances. 9, FINANCE CHARGES on Cash Advances and Check Advances. (a) You are obligated to pay a FINANCE CHARGE on all Cash and Check Advances from the day advanced to the day full payment is posted to your Account. (b) We will compute your FINANCE CHARGE on Cash and Check Advances in the following manner: (1) subtract any unpaid FINANCE CHARGE from the previous balance of your Cash and Check Advances at the beginning of each new billing cycle on these amounts; (2) subtract payments and credits from the previous day's ending balances and add new Cash and Check Advances to the previous day's ending balance to determine the balance of your Cash and Check Advances for each day of the monthly billing period. The result is your daily balance subject to FINANCE CHARGE; (3) at the end of the billing cycle, add these daily balances and divide the total by the number of days in the billing cycle. The result is your "average daily balance subject to FINANCE CHARGE for Cash and Check Advances "; and (4) finally we multiply this average daily balance by the periodic rate. The result is your FINANCE CHARGE on Cash and Check Advances for the billing period. 10. Rates. (a) Your ANNUAL PERCENTAGE RATE and monthly periodic rate will be variable interest rates which can change monthly and will increase if the Prime Rate (defined below) increases. If a FINANCE CHARGE is imposed on your Account, an increase in your monthly periodic rate and corresponding ANNUAL PERCENTAGE RATE will result in an increase in your FINANCE CHARGE and most likely an increase in your Minimum Payment Due. Your ANNUAL. PERCENTAGE KATE does not include costs other than interest; it will never exceed the lesser of 21 % per annum or the maximum we are permitted to charge by law. Initial Initials Initials Initials Multistate FHHLCIRETL (except CT, NY, TX, and WV) 7 of 5 FH61331 W Rev. 04 -15 -05 FHHLC MultiState %'(b) Your ANNUAL PERCENTAGE RATE for each monthly billing cycle will be a variable rate equal to the Prime Rate ( defimed below) on the Determination Date (defined below) plus the Rate Differential (Margin) specified below. Both Prime Rate and Rate Differential are expressed as annual rates of.interest. Your monthly periodic rate will be determined by dividing the ANNUAL PERCENTAGE RATE by twelve. "Prime Rate" means that rate published as the Prime Rate in the Money Rates Section of The Wall Street Journal, on the Determination Date. If more than one Prime Rate is published, the highest will apply- "Determination Date" means the dale on which your billing cycle closes (or the proceeding publication date if The Wall Street Journal is not published on the date which your billing cycle closes.) The Prime Rate in effect on the Delermination Date will be effective from the first day of that same billing cycle. Your current ANNUAL PERCENTAGE RATE is 7.500 %.* Your current monthly periodic rate is 0.625 5e.* Your Rate Differential (Margin above Prime) is 1.500 %. *These rates are estimates based on the Prime Rate of 6.000 % reported in The Wall Street Journal on 5/04/2005 which may not be the Prime Rate published on the first Determination Date for your Account. 11. Specific Information. Credit Limit $ 89, 350.00 ; Draw Period 5 Years; Repayment Period 15 Years. 12- Fees and Charges. In consideration of your ability to obtain Advances under the Credit Line established by this Agreement, your continued participation in the plan, and our commitment to allow Advances under said Agreement, you agree to pay an Annual Fee of waived for life of loan for each year during the Draw Period. The initial Ammal Fee will he added to your first Bill. Subsequent Annual Fees will be added to your Bill on each anniversary of the date of this Agreement. If your Minimum Payment Due is not received within 15 days after the payment date shown on your Bill, we will charge your Account a Late Fee of the greater of $5.00 or 5.00% of the Minimum Payment Due, not to exceed $50.00. However, you will not be required to pay a Late Fee more than once on the same late amount even if that amount remains past due for more than one billing period. You agree not to obtain Advances from the time a Late Fee is imposed until you bring your Account current by paying the delinquent Minimum Payment. An Overhmit Fee of $15.00 will be charged for each Purchase, Cash Advance or Loan on your Account if the resulting account balance is over your Credit Limit. A Returned Check Fee of $20.00 will be charged each time a check you give us as payment on your Account is returned unpaid or is not honored by the drawee bank. If you terminate this Account within 2 years of the Effective Date, you must pay an Early Termination Fee of waived for life of loan Refer to Paragraph 20 of this Agreement for additional information on termination by Borrower. On. signing this Agreement, you also owe the following one- time fees and charges which will be added to your Bill as Advances unless you pay those fees when you sign this Agreement. You acknowledge all fees and charges required by this Agreement, including all FINANCE CHARGES, as set forth below and in any Settlement Statement (form HUD -1 or HUD -1A) included in your closing documents, which provides the final and complete itemized list of settlement charges to be fair and reasonable. The Settlement Statement is incorporated by reference into the Agreement. FINANCE CHARGES Amount - CIbsing Costs Amount Commitment/ Discount 0.00 Notary 25.00 Origination Fee 0.00 Appraisal/Valuation 0.00 Flood Certification 0.00 Credit Report 0.00 Processing Fee 0.00 Pest Inspection 0.00 Administrative Fee 0.00 Title Examination 0.00 Underwriting Fee 0.00 Title Search /Abstract 0.00 Attorney Fee 150.00 Title Insurance 0.00 Settlement Fee or Closing Agent Fee 0.00 Lender's Coverage 0.00 Tax Service Fee 0.00 Owner's Coverage 0.00 Courier Fee 0.00 Recording Fee 95.00 Title Co. Courier Fee 0.00 City/ Count Tax/ Slams 0.00 Wire Fee 0.00 State Tax Stamps 0.00 E -Mail Loan Document Fee 0.00 Survey 0.00 Rush Service Fee 0.00 Title Insurance Binder 0.00 Fax Fee 0.00 Document Pre aration Fee 0.00' NOT APPLICABLE 0.00 NOT APPLICABLE 0.00 Your cost of credit may be reduced by Lender, broker or other credits. When available, credits are used to offset finance charges and, to the extent of any remaining credit, to offset closing costs. Fees that have been fully offset by credits are not itemized in your disclosures. 13. Security. All Advances made up to the Credit Limit, FINANCE CHARGES, fees and other charges, and all collection expenses, and expenses incurred to protect the value of the residential real property pledged as security for the debt ( "Collateral ") are secured by a deed of trust, deed to secure debt or mortgage, (hereinafter referred to as "Collateral Documents ") dated June 18th, 2005 , on real estate in the County/City of Worcester , State of Karylaad (the description of such real estate as contained in said Collateral Documents being incorporated herein by reference); other collateral or property securing other Advances with us may also secure the indebtedness under this Agreement. You could lose your home if you do not meet the obligations in your Agreement with us. 14. Receipt of Copy. You acknowledge that you have read, understood and received a copy of this Agreement. You understand that each Borrower who signs the Agreement will be fully responsible for payment of the total amount due. You also acknowledge receipt at the time of your application of a Home Equity Disclosure Statement for this Account and a separate Home Equity Brochure. 15. How We Apply Your Payments. We will apply your payments in this order: (a) FINANCE CHARGES, (b) Annual Fee or Late Fee, Returned Check Fee or Overlimit Fee, if any; (e) unpaid amounts from'prior Bills; (d) amounts due on current Bill; and (e) Advances posted, but not yet billed. 16. Insurance. You promise to maintain insurance on Collateral, as set forth in the Collateral Documents. You must purchase such insurance from a licensed insurer (if such a license is required by applicable law), and furnish proof satisfactory to us of such insurance. You may choose the insurance carrier providing the insurance, subject to Lender's right to disapprove your choice, which will not be exercised unreasonably. Initial Initials Initials Initials MultiState FHHLC/RFI'L (except CT, NY. TX, and WV) 2 of 5 FH6D31X Rev. 04 -15 -05 7 FHHLCMultiS[atc Acceleration by Lender, At our option, your entire indebtedness under this Agreement, together with FINANCE and any other fees and charges you owe, will become immediately due and payable, and our commiment to make further Advances will terminate, without notice or demand to you, if any of the following events occurs: (a) you fail to make any payment as required by this Agreement; (b) you commit or have committed fraud, or if you make or have made a material misrepresentation, in any. way connected with this Agreement; or (c) any action or inaction by you adversely affects the Collateral or any right or interest of ours in the Collateral, including but not limited to the sale, transfer, encumbrance or impairment of the Collateral - or any right or interest of ours in the Collateral, or the failure to maintain satisfactory insurance. 18. Other Limitations on Credit by Lender. We will mail or deliver to you written notice of any action authorized by this paragraph, as required by applicable law. The notice will contain the specific reason(s) for such action. At our option, we may (a) reduce your Credit Limit (including to the extent permitted by law a reduction of the Credit Limit below the then existing level of indebtedness), (b) suspend or reduce our commitment to make Advances, or (c) take any or all such actions, for any period in which any of the conditions stated below shall occur: (1) The value of the Collateral declines such that the initial difference between the Credit Limit and available equity (based on the Collateral's appraised value on application for the Credit Line) is reduced by 50% or more, or the value of the Collateral otherwise declines significantly (the value determined by an appraiser of our choice, if obtained, shall be conclusive); (2) We reasonably believe that you will be unable to fulfill any of your payment obligations under this Agreement because of a material change in your financial circumstances caused or evidenced by the following: death, physical or mental incapacity, loss of employment, significant reduction in income or net worth, insolvency, failure to pay other debts, the filing of a petition in bankruptcy by or against you, or your representation that you will be unable to fulfill any payment obligation; (3) You are in default of a material obligation under this Agreement or the Collateral Documents, including, but not limited to your obligation to make required payments, to provide true and complete financial information on request, to act so as not to adversely affect the Collateral or any right of ours in it, to occupy the Property as principal residence or to keep other material obligations and promises whether or not the breach of the same might not be a basis for acceleration; (4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for in this Agreement; (5) Our rights in the Collateral are adversely affected by government action; (6)We are notified by a regulatory agency that continued extension of credit constitutes an unsafe and unsound practice; (7)The maximum ANNUAL PERCENTAGE RATE is reached, but such event shall not in itself permit the reduction of the Credit Limit to a level below the outstanding balance of indebtedness; and (8) Any Borrower requests a reduction of the Credit Limit or any limitation upon the right to obtain Advances. 19. Reinstatement of Credit. Upon cessation of conditions giving rise to limitations on credit imposed under Paragraph 18, we will be obligated to reinstate your former Credit Limit or our commitment regarding Advances only if all the following conditions are met: (a) the priority of our security interest in the Collateral for further extensions of credit has not be lowered; (b) you initiate and submit an application in writing for reinstatement; (c) you furnish all relevant information we may request in connection with your application; and (d) you pay, to the extent permitted by applicable law, our reasonable costs of any appraisal or credit report obtained to determine that the condition causing our action no longer exists. Furthermore, we are obligated to reinstate your Credit Limit only if you will not acquire a right of rescission as a result. If limitations were imposed at your request, credit privileges need not be reinstated unless all Borrowers request reinstatement. 20. Termination by Borrower. Any provision in this Agreement to the contrary notwithstanding, any Borrower may terminate this Credit Line by (a) giving us written notice of termination, (b) destroying or returning to us all checks and other devices issued or used in connection with the Credit Line, and (c) paying the Account in full. On and after the date on which we receive (a), (b), and (c) above, we shall not be obligated to any Borrower to make further Advances. But if any Borrower obtains Advances after such date, that Borrower and all other Borrowers will remain jointly and severally liable for those transactions,. including any FINANCE CHARGES that may accrue on such Advances. Unless waived in writing, you must pay an Early Termination Fee of $200.00 if you close your account and terminate this Agreement within 2 years following the Effective Date. You acknowledge that we : (i) have entered into this Agreement with the expectation that it would not be terminated within the initial 2 years following the Effective Date, (ii) would not otherwise have been willing to enter into this Agreement on the terms herein for less than 2 years, and (iii) would not otherwise have incurred expenses and obligations had we known that you would terminate this Agreement within 2 years. You acknowledge that we could suffer loss and additional expenses which are difficult or impractical to ascertain as a result of termination within 2 years. The Early Termination Fee is a good faith resolution by you and us of the expense we may incur as a result of early termination. It is not intended as a penalty but as a good faith estimate of such expense. 21. Financial Statements and Appraisals. If during the Tenn of this Agreement we elect to request a current personal financial statement, you agree to provide the requested information in a form satisfactory to us within 10 days of such a request. You agree that we may have the Collateral appraised at any reasonable time we choose during the Term of this Agreement. 22. Collection Costs. If we employ an attorney to collect any amounts due under this Agreement or to protect the Collateral, you promise to pay all costs of litigation and collection, including all costs of repossessing and selling the Collateral and reasonable attorney's fees, as permitted by law. 23. Returns and Refunds. Cash refunds are not allowed for the returned Credit Card Advances made on your Account. Instead you will receive a credit to your Account for the amount of the return after we receive the credit from the seller. This credit will be filled out by the seller of the goods and services who will give you a copy. It is the seller's responsibility to mail or deliver the credit to us so we can credit your Account. We are not responsible for the seller's failure to mail or deliver the credit promptly. 24. Releases or Delays in Enforcement. if we choose, we may, without notice, (a) delay enforcing any of our rights under this Agreement or under the Collateral Documents, (b) extend the time allowed for making payments as many times as we choose, for any length of time, (c) waive or reduce any fees or charges and waive or reduce the interest rate or amount of the FINANCE CHARGE, (d) release all or any part of the Collateral, (e) accept instruments marked "paid in full" without discharging the maker or endorser beyond the amount of the instrument, (f) release any person who may be liable for the indebtedness under this Agreement, or (g) permit substitution of Collateral. Our action or inaction will not release or discharge you or our lien on the Collateral except to the extent that any such written release given by us expressly so states. 25. Lost or Stolen Cards, if your card is lost or stolen, you promise to notify VISA Traveler Service Center at once. In the Continental. U.S., call 800- VISA911. and outside the Continental U.S. call 1 -800- 847 -2911. 26. Assignment. We have the right to assign any amount you owe and also assign and transfer our rights under this Agreement. 27. Amendment. We reserve the right to change the terms of this Agreement, as permitted by law, including, but not limited to, changes in the index and Margin used to compute interest if the index described in Paragraph 10 of this Agreement is no longer avadablechanges to which you agree in writing, changes which will benefit you, and insignificant changes. 3ni Initials Initials ] nitials MuldState F14HLCIRETL (except CT, NY, TX, and WV) 3 of 5 FB6031Y Rev. 04 -15 -05 FHHLC MultiState ':.28. Notices. (a) Any notice or demand from us about your Account will be mailed to you at your address appearing in our records, and any such notice will be effective when mailed. Notice to one Borrower will be notice to all. Any notice to us, other than to make payment or correct a billing error, must be mailed to P.O. Box 132, Memphis, TN 38101, and will be effective upon the expiration of one business day following receipt by us at that address. Payment and billing error addresses will be included in your Bill. (b) We are entitled to act upon any notice from any Borrower which does not conform to all of the requirements set forth in this Agreement, but we are not obligated to act upon a notice which does not substantially conform to such requirements. If we act upon any non- conforming notice, we shall not therefore be liable to any Borrower. 29. Invalidity. If any portion of this Agreement is declared invalid or unenforceable, the remainder will not be affected and will remain in full force and effect. If a portion is unenforceable under a particular set of circumstances, it shall not be unenforceable under all circumstances, it being intended that the Agreement is given its broadest possible effect. 30. Applicable Law. This Agreement will be governed by applicable Federal law and the law of Tennessee. However, the Security Instrument will be governed by the law of state in which the real property is located, unless this law is preempted by Federal law. Federal law authorizes a national bank (such as Lender) to charge interest rates and fees permitted by the law of the state in which such a bank is located (in the Lender's case Tennessee), regardless of the location of the borrower or the property. Other. Federal law may preempt various aspects of the law of the state in which the Lender is located, as well as the law of the state in which the borrower or the property is located. 31. Tax Implications. We have no responsibility for the tax effect of this Agreement or the impact upon your taxes of any payments made. You should consult a tax advisor regarding the deductibility of interest, fees and charges under this Agreement. 32. Maryland Recordation Tax. If the real property securing this Agreement is located in Maryland, you may, at your option, pay the recordation tax on your entire Credit Limit at closing, or you may pay the required tax on the amount of each advance at the time you obtain each advance. If you pay the recordation taxes on your entire Credit Limit at closing, your tax liability will be satisfied, regardless of the amount of debt you may actually incur. If, instead, you elect to pay the required tax as you obtain Advances, you will have seven days after obtaining each Advance to file with the clerk of the court where our Deed of Trust is recorded a verified statement of the amount of additional debt incurred. You will be responsible for paying to the clerk the applicable recordation tax on that additional debt and any filing fee. If you fail to do so, you may be penalized as provided in Section 14 -1012 of the Tax - Property Article of the Maryland Code. That section provides for penalties of a fine up to $500 or up to six months imprisonment. 33. Entire Agreement. This Agreement and the Collateral Documents set forth the terms of the legal obligation between you and us, and represent the entire understanding between you and us concerning the subject matter of this Agreement. 34. Other Terms. If checked, the following addendum is attached to and made a part of this Agreement: ❑Conversion Option- FLEXLOAN YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. If you think your Bill is wrong, or if you need more information about a transaction on your Bill, write us on a separate sheet at the address shown on your Bill. Writs to us as soon as possible. We must hear from you no later than 60 days after we sent you the first Bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and Account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information describe the item you are not sure about. If you have authorized us to pay your Bill automatically from your savings or checking Account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us 3 business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days., we must either correct the error or explain why we believe the Bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply an unpaid amount against your Credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your Bill that are not in question. If we find that we made a mistake on your Bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your Bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50.00 of the questioned amount, even if your Bill is correct. Initials Initials Initials Initials MultiState FHHLC /RETL (except CT, NY, TX, and WV) 4 of 5 FH6D31Z Rev. 04 -15 -05 FHHLC MultiState SPECIAL RULE FOR CREDIT CARD PURCHASES If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are. two limitations on this right: (i), You must have made the purchase in your home state, or, if not within your home state, within 100 miles of your current mailing address; and (ii) The purchase price must have been more than $50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Executed the day first written above. Borrower's Signatur t Borrower's Signature THOMAS C ABRAHAM Borrower's Signature Borrower's Signature By signing above, each of the Borrower(s) acknowledge receipt of a complete copy of this Agreement on the Effective Date. Mul iState FHHLC/RETL (except CT. NY, TX. and WV) 5 of 5 FH6D32A Rev. 04 -15.05 Pa to the orcler of (iut reoeumv First Horizon koma loan CorPrafi®n by._... _ B. J. Cooley, Vice Presidertf ALLONGE TO PROMISSORY NOTE FOR PURPOSES OF FURTHER ENDORSEMENT OF THE FOLLOWING DESCRIBED NOTE, THIS ALLONGE IS AFFIXED AND BECOMES A PERMANENT PART OF SAID NOTE. Account Numberiwr� Note Date: 06(1812005 Amount: $ 89,350.00 Customer Name: Thomas C. Abraham Property Address: Ocean City, MD PAY TO THE ORDER OF: WITHOUT RECOURSE RBS Citizens, N.A., b ZAAU17orll ey-in-Fact Green Tree Servicing LLC BY: Name Teres G Harris Title: Assistant Vice President ... .......... EAmIBIT "Ba" i i i When Recorded Return'fo: .Green Tree Servicing LLC Attn: Document Custody, T326 O F F I C I A L RECORDS OF 7360 South Kyrene Rd MAR I COPA COUNTY RECORDER Tempe, A7 85283 HELEN PURCELL 2009- 0892088 09/25/0 02:31 PM 2OF4 HOYV LIMITED POWER OF ATTORNEY TO: GRE TREE SERVICING LLC FROM: BAC HOME LOANS SERVICING, LP E /K/A _C OUNTRYWIDE HOME LOANS SERVICING, LP DA TED: 8/27/09 FOR: CITIZENS / COUNTRYWIDE CONVERSION 7-7 ....... ... .. ........................ ............... .. .......... ......... ............. ........ .......... ................ .... .................... .. .. ..... .. ... ..... ... ..... .............. ........... ........................ ...... After Recording Return to: Green Tree Servicing LLC 300 Landmark Towers, 345 St Peter Street St Paul MN 55102 Attn: Wanda Lamb-Lindow LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the undersigned, BAC Home Loans Servicing, LP formerly known as Countrywide Home Loans Servicing, LP ("BAC Horne Loans"), a Texas limited partnership hereby constitutes and appoints each of Green Tree Servicing LLC, a Delaware limited liability company ("Green Tree Servicin Green Tree-AL LLC, a Delaware limited liability company ("Green Tree-AL"); Green Tree Credit LLC, a New York limited liability company ("Green Tree wp.i Credit"); Green Tree Loan Company, a Minnesota corporation ("Green Tree Loan"); and Green Tree Consumer Discount Company, a Pennsylvania corporation ("Green Tree Consurner" and together'With Green Tree Servicing, Green Tree-AL, Green Tree Credit, Green Tree Loan and Green Tree Consumer, "Green Tree"), through any officer or employee duly authorized by written resolution on its behalf, as BAC Home Loans' duly authorized agent and attorney-in-fact, with ffill power and authority in its name, place and stead, with respect to any real or personal property (the "Assets") owned by the RBS Citizens, N.A. or Citizens Bank of Pennsylvania, and serviced by Green Tree Servicing pursuant to that certain Flow Subservicing Agreement dated as of May 6, 2009 (as amended, supplemented or modified from time to tirnf,- in accordance with its terms, the "Servicing Agreement '' ), to take all of the following actions as though executed or taken by BAC Home Loans itself with respect to the Assets in the name of BAC Home Loans: (1) to sign such documents as are necessary to sell and convey any Asset, including, but not limited to, signing deeds conveying real property acquired through foreclosure; (2) to execute documents and instruments necessary to release any and all liens and instruments of record with respect to any Asset; (3) to execute assignments of notes, contracts, mortgages and security agreements and other documents creating any interests in the Assets; (4) to execute all other documents and instruments related in any way to the Assets; (5) to endorse checks and other payment instruments that are payable to the order of BAC Home Loans and that have been received by Green Tree from mortgagors or any insurer in respect of insurance proceeds related to any Asset and (6) generally, to do and perform any and all things necessary and incident in the Assets and related premises. IN WITNESS WHEREOF, the undersigned has executed this Limited Power of Attorney this day of August, 2009. BAC Ho Loans e /fv icing, LP S, it a ed rtnership ,s a Texas ATTEST: B 3 By : B LLC, its General Partner By Name: 90(A(tSCVIIDfKfvrnA-v)yI Title: sip - --- - - - - - - .......... . .............. . .. ... .. ... ......... .. ... ........ . - .... ... ......... .. ... .......... ...... ... ... ...... ... ..... .. .... ...................................... ..... . . ... ... . . .. ........... ............ . ..................... ......... - ...... .. ........... - ACIG'40WLEDGMIENT STATE OF CALIFORNIA ) ss. COUNTY OF Ao On thisZlfray of August 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Michael Schloessmann acknowledged to me to be an authorized signatory of BAC Home Loans Servicing, LP, a Texas limited partnership and known to be the person who executed the within instrument, on behalf of the said limited Partnership. WITNESS my hand and official seal. Notary Public GLENDA J. DAMEL My Commission Expires: j c a ,,i,sion # 16 N PuW - W 101 ni o LOS Angeles county - ----c)ctl5,2 cor"Ti. E)qXes EXHIBIT "C" j 06/0612012 U CSe Payment History Re ort ' ''; YONCHAK DARLENE for ABRAHAM THOMAS C, HED Acct�3589, for All Dates INFORMATION SECURITY CLASSIFICATION: INTERNAL USE ONLY, Customer requests must be sent through Code Request /Service Request. I Tran Date Tran Amt Code Due Date Total Prin Due Interest Insurance Escrow Late Chg Coll Back Qate 07/25/11 81,362.90 191 -COF Charge -Off 81,362.90 79,947,56 1,415.34 0100 0.00 0100 04/06/11 5,236.00 600 - Proceeds- Cash 5,236,00 5,236.00 0,00 0.00 0,00 0.00 07/2/11 is 06/24/11 520.95 100 -PMT Regular 12/06/10 520.95 208.48 312.47 0.00 0.00 0.00 06/16%11 05/16/11 775.70 100 -PMT Regular 12/06/10 2.25 0.00 2.25 0.00 0,00 0.00 05/14%11 100 -PMT Regular 11/06110 773.45 773.45 0,00 0100 0,00 0.00 05/14%11 04/07111 775.70 100 -PMT Regular 10/06/10 775.70 775.70 0.00 0100 0.00 0100 04/06%11 03/04/11 14,41 151 -INS Insurance 14.41 0.00 0.00 14.41 0.00 0.00 782.00 150 -INS Insurance 782,00 0.00 0,00 782.00 0.00 0.00 0.00 209 -CXL Insurance 0.00 0.00 0,00 0.00 0.00 0.00 03/0 /11 02/10/11 - 796.41 211 -INS Insurance - 796.41 0.00 0.00 - 796.41 0.00 0.00 I± 11/11/10 302,00 081 -Waive Interest 302.00 0.00 302.00 0.00 0100 0,00 i I€ I I f i is I I I - is i{ i Page 1 of 1 4' ___ ............. .. ... _ ... ............... - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson rri Sheriff �z��,�r,ut Cirtrat e�.ti� r^ Jody S Smith C ;; � Chief Deputy Richard W Stewart Solicitor RBS Citizens, NA vs. Case Number Thomas C Abraham 2013-6995 SHERIFF'S RETURN OF SERVICE 12/04/2013 05:27 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Thomas C Abraham, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 2 Stone Spring Lane#6, Hampden Township, Camp Hill, PA 17011. Deputies were advised that the current tenant has lived there for two months and has never heard of the defendant, per the Mechanicsburg Postmaster the defendant now resides at 832 Acri Road, Mechanicsburg, PA 17050. 12/23/2013 08:18 PM -Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Thomas C Abraham, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Served"at 832 Acri Road, East Pennsboro Township, Enola, PA 17025. The complaint expired before service was able to be made. SHERIFF COST: $56.71 SO ANSWERS, December 26, 2013 RONIWR ANDERSON, SHERIFF MATTLEMAN, WEINROTH & MILLER, P.C. By: Alicia M. Sandoval, Esquire, PA# 311874 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No.: 12-00382-0 Plaintiff(s) COURT OF COMMON PLEAS Cumberland County RBS CITIZENS, N.A. Case No.: 13-6995 vs. Defendant(s) THOMAS C. ABRAHAM PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the above captioned matter for service on the within Defendant, THOMAS C. ABRAHAM . MATTLEMAN, WEINROTH & MILLER, P.C. squire, PA# 311874 $11.'15 PP A 30864 (A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i xrci�t+ef Jody S Smith Chief Deputy Richard W Stewart Solicitor OFt. �. . �.. : FR PEW'S YL;,// ?: I, RBS Citizens, NA Case Number vs. 2013-6995 Thomas C Abraham SHERIFF'S RETURN OF SERVICE 07/10/2014 05:33 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Jannene Miller, Roommate, who accepted as"Adult Person in Charge"for Thomas C Abraham at 832 Acri Road, East Pennsboro, Mechanicsburg, PA 17050. WkL) ORea.0 J• E DIMARTLE, DEPUTY SHERIFF COST: $39.79 SO ANSWERS, July 14, 2014 RONNY ANDERSON, SHERIFF n^ t i..... MATTLEMAN, WEINROTH & MILLER, P.C. By: Alicia M. Sandoval, Esquire, PA# 311874 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No.: 12-00382-0 HE PROT 4rNl 2014 AUG 25 PM 2: 59 CUMBERLAND COUNTY PENNSYLVANIA RBS CITIZENS, N.A. 7360 S. Kyrene Road Mail Stop T-120 Tempe, AZ 85283 Plaintiff vs. THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg, Pennsylvania 17050 Defendant(s) COURT OF COMMON PLEAS Cumberland County TERM: NO: 13-6995 Civil PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Default Judgment in favor of Plaintiff, RBS CITIZENS, N.A., and against the Defendant(s), THOMAS C. ABRAHAM, for failure to Answer the Complaint in Civil Action. Service was made on the Defendant by the Sheriff of Cumberland County as follows: THOMAS C. ABRAHAM - July 10, 2014 Assess damages as follows: Complaint Demand Amount Court Costs $81,362.90 $ 248.92 TOTAL AMOUNT OF JUDGMENT $81,611.82 By: MATTLEMAN, WEINROTH & MILLER, P.C. G/i Alicia M. tndoy}aI, Esquire, PA# 311874 41(0. so Pb w7'N C 5(aBa3 Of 3 (0(23(0 No-hce Mailed MATTLEMAN, WEINROTH & MILLER, P.C. By: Alicia M. Sandoval, Esquire, PA# 311874 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No.: 12-00382-0 RBS CITIZENS, N.A. 7360 S. Kyrene Road Mail Stop T-120 Tempe, AZ 85283 Plaintiff vs. THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg, Pennsylvania 17050 Defendant(s) COURT OF COMMON PLEAS Cumberland County TERM: NO: 13-6995 Civil AFFIDAVIT OF ADDRESS STATE OF NEW JERSEY SS COUNTY OF CAMDEN I, Alicia M. Sandoval, Esquire, being duly sworn according to law, upon my oath, depose and say: 1. I certify that the Plaintiffs address is RBS Citizens, N.A. 7360 S. Kyrene Road, Mail Stop T-120, Tempe, AZ 85283. 2. I certify that the Defendant's address is: THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg, Pennsylvania 17050 3. I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn and Subscrip»d to MATTLEMAN, WEINROTH & MILLER, P.C. before me this Z0 6(% day of n krs " 2014. By: Notary Pudic MARGARET R. IP Notary Public State of New Jersey My Commission Expires January 24, 2016 Alicia M. ando)al, Esquire, PA# 311874 MATTLEMAN, WEINROTH & MILLER, P.C. By: Alicia M. Sandoval, Esquire, PA# 311874 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No.: 12-00382-0 RBS CITIZENS, N.A. 7360 S. Kyrene Road Mail Stop T-120 Tempe, AZ 85283 Plaintiff vs. THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg, Pennsylvania 17050 Defendant(s) COURT OF COMMON PLEAS Cumberland County TERM: NO: 13-6995 Civil AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS I, Alicia M. Sandoval, Esquire Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. That the Defendant(s) is/are not in the Military, Naval or Air Services of the United States or any other Country within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress, as amended; and 2. That the Defendant(s) is/are at least 21 years of age and reside at: THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg, Pennsylvania 17050 3. The affiant has ascertained the foregoing information by personal inquiry and knowledge and makes this Affidavit with due authority. Sworn and Subscri a to before me this day of •- G4/v 44-rff4 /4-7fr Notary P is MARGARET R. IP Notary.Public State of New Jersey My Commission Expires January 24, 2016 By MATTLEMAN, WEINROTH & MILLER, C. Alicia M. S Esquire, PA# 311874 SCRA 3.0 Status Report Pursuant to Servicernembers Civil Relief Act Last Name: ABRAHAM First Name: THOMAS Middle Name: C Active Duty Status As Of: Aug -20-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA . No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ,. No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Dob strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 2CB7P419E0724D0 MATTLEMAN, WEINROTH & MILLER, P.C. By: Alicia M. Sandoval, Esquire, PA# 311874 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No.: 12-00382-0 RBS CITIZENS, N.A. 7360 S. Kyrene Road Mail Stop T-120 Tempe, AZ 85283 Plaintiff vs. THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg Pennsylvania 17050 Defendant(s) COURT OF COMMON PLEAS Cumberland County TERM: NO: 13-6995 Civil CERTIFICATION OF MAILING I, Alicia M. Sandoval, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for Plaintiff in the above entitled cause of action. 2. Notice Pursuant to Rule 237.1 was forwarded to the Defendant(s)' place of residence by regular mail on August 8, 2014 and has not been returned to this office, so it can be assumed that same has been delivered to Defendant(s). 3. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. MATTLEMAN, WEINROTH & MILLER, P.C. By: a Alicia M. sandibval, Esquire, PA# 311874 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Thomas C. Abraham 832 Acri Road Mechanicsburg, Pennsylvania 17050 12-00382-0 Date of Notice: August 8, 2014 RBS CITIZENS, N.A. 7360 S. Kyrene Road Tempe, AZ 85283 Plaintiff vs. THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg, Pennsylvania 17050 Defendant(s) COURT OF COMMON PLEAS Cumberland County NO: 13-6995 Civil NOTICE PURSUANT TO RULE 237.1 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 (10) 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 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. Cumberland CountyBAR ASSOCIATION/ Lawyer Referral Service - 32 S. Bedford Street Carlisle, PA 17013 Telephone: 800-990-9108 AVISO IMPORTANTE USTED ESTA EB REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA DE SU PARTE EN ESTE CASE. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE REGISTRAR UNA SENTENCIA CONTRA USTED, SI EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD 0 DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO,DEBE COMMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: SERVICIO DE REFERENCIA LEGAL Cumberland CountyBAR ASSOCIATION/ Lawyer Referral Service - 32 S. Bedford Street Carlisle, PA 17013 Telephone: 800-990-9108 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: MATTLEMAN, WEINROTH & MILLER, P.C. Alicia M. Sandoval, Esquire, Attorney ID# 311874 401 Route 70East Suite 100 Cherry Hill, NJ 08034 856-429-5507 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY CSF"rIG;; Wrks$M'-rlFF RBS Citizens, NA vs. Thomas C Abraham Case Number 2013-6995 SHERIFF'S RETURN OF SERVICE 07/10/2014 05:33 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Jannene Miller, Roommate, who accepted as "Adult Person in Charge" for Thomas C Abraham at 832 Acri Road, East Pennsboro, Mechanicsburg, PA 17050. ,AataAkpj Jake AVIIE DIMARTLE, DEPUTY SHERIFF COST:. $39.79 SO ANSWERS, July 14, 2014 RONN R ANDERSON, SHERIFF Si (c) CountySuito Sheriff, Teleosoff, Inc. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF Cumberland County Prothonotary TO: THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg, Pennsylvania 17050 12-00382-0 RBS CITIZENS, N.A. 7360 S. Kyrene Road Mail Stop T-120 Tempe, AZ 85283 Plaintiff vs. THOMAS C. ABRAHAM 832 Acri Road Mechanicsburg, Pennsylvania 17050 Defendant(s) COURT OF COMMON PLEAS Cumberland County TERM: NO: 13-6995 Civil NOTICE PURSUANT TO RULE 236 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. Prothonotary JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Alicia M. Sandoval, Esquire Attorney Id #311874 MATTLEMAN, WEINROTH & MILLER, P. C. 856-429-5507 8/a5/IL/