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Home My WebLink About14-3458 Supreme Court of Pennsylvania Cour6f_Corny on Pleas (ivil,61 �r kfieet For Prothonotary Use Only: Ct�MBRLAMD�=` County Docket No: Tire 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 bJ,late or rules of court. Commencement of Action: S ® Complaint ElWrit of Summons ElPetition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiffs Name: First Guaranty Mortgage Corporation Lead Defendant's Name: Eugene Stanley Rychlak,Sr. C T Are money damages requested?: ❑Yes ® No Dollar Amount Requested: within arbitration limits I (Check one) X outside arbitration limits U N Is this a C1assAction Suit? ElYes ® No Is this an MDJAppeal? ❑Yes ® No Name of Plaintiff/Appellant-s Attorney: Scott A.Dietterick,Esq.c/o Zucker,Goldberg&Ackerman,LLC A ❑ 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 hatyou consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability(does not include mass tort) ❑ Employment Dispute: E ElSlander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board i T ElOther: I MASS TORT ❑ Other: O El Asbestos ❑ Tobacco N ❑ Toxic Tort-DES ❑ Toxic Tort-Implant F1 Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B F1 Ground Rent El Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: 1 - Updated 1/1//2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST GUARANTY MORTGAGE CORPORATION, CIVIL DIVISION < Plaintiff, NO.: I q' / (%g �V/ VS. TYPE OF PLEADING Eugene Stanley Rychlak,Sr.; Elsie Virginia Rychlak; Rodney E.Sites; CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: TO: DEFENDANTS First Guaranty Mortgage Corporation YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE COUNSEL OF RECORD FOR THIS PARTY: ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS ZUCKER,GOLDBERG&ACKERMAN, LLC OF THE PLAINTIFF IS: 5032 PARKWAY PLAZA BOULEVARD Scott A. Dietterick, Esquire-Pa. I.D.#55650 CHARLOTTE,NC 28217 Kimberly A. Bonner, Esquire-Pa. I.D.#89705 AND THE DEFENDANT: Joel A.Ackerman, Esquire-Pa I.D.#202729 61 Walnut Dale Road Ashleigh Levy Marin, Esquire-Pa I.D.#306799 Shippensburg,PA 17257 Ralph M.Salvia, Esquire-Pa I.D.#202946 Jaime R.Ackerman, Esquire-Pa I.D.#311032 Jana Fridfinnsdottir, Esquire-Pa I.D.#315944 CERTIFICATE OF LOCATION Brian Nicholas, Esquire-Pa I.D.#317240 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Denise Carlon, Esquire-Pa I.D.#317226 61 Walnut Dale Road,Shippensburg PA 17257 Municipality: SOUTHAMPTON 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 ATTORNEY F R LATIFF (908)233-8500 IN (908)233-1390 FAX ATTY FILE NO.:XFP 181304 office@zuckergoldberg.com File No.:XFP-181304/mme -^ •" _. n.�-� x/63 7s�a a C��7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Guaranty Mortgage Corporation CIVIL DIVISION Plaintiff, VS. NO.: Eugene Stanley Rychlak,Sr.; Elsie Virginia Rychlak; Rodney E.Sites; Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty(20)days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND&LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone(800) 990-9108 Phone(800) 990-9108 (717)249-3166 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Guaranty Mortgage Corporation CIVIL DIVISION Plaintiff, vs. NO.: Eugene Stanley Rychlak,Sr.; Elsie Virginia Rychlak; Rodney E.Sites; Defendants. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar accion como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la demanda 0 cua Iquier otra reclamaci6n o remedio solicitado por el demandante, puede ser dictado en contra suva por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR LINO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND&LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone(800)990-9108 Phone(800)990-9108 (717)249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Guaranty Mortgage Corporation CIVIL DIVISION Plaintiff, vs. NO.: Eugene Stanley Rychlak,Sr.; Elsie Virginia Rychlak; Rodney E.Sites; Defendants. CIVIL ACTION -COMPLAINT IN MORTGAGE FORECLOSURE And now comes First Guaranty Mortgage Corporation, by its attorneys,Zucker,Goldberg& Ackerman, LLC,and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is First Guaranty Mortgage Corporation, (hereinafter"plaintiff")through its servicing agent ROUNDPOINT MORTGAGE SERVICING CORPORATION located at 5032 PARKWAY PLAZA BOULEVARD, CHARLOTTE, NC 28217. 2. The Defendant, Eugene Stanley Rychlak, Sr., is an individual whose last known address is 61 Walnut Dale Road,Shippensburg, PA 17257. 3. The Defendant, Elsie Virginia Rychlak, is an individual whose last known address is 730 Bassett Drive,Apt 1C,Chambersburg, PA 17201-1764. 4. The Defendant, Rodney E. Sites, is an individual whose last known address is 61 Walnut Dale Road,Shippensburg, PA 17257. 5. First Guaranty Mortgage Corporation, directly or through an agent, has possession of the Promissory Note. First Guaranty Mortgage Corporation is either the original payee of the Promissory Note or the Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is marked Exhibit A,attached hereto and made a part hereof. 6. On or about July 23, 2008, Eugene Stanley Rychlak, Sr., Elsie Virginia Rychlak and Rodney E.Sites,all as joint tenants made,executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for First Guaranty Mortgage Corporation a Mortgage in the original principal amount of$207,324.00 on the premises described in the legal description marked Exhibit B, attached hereto and made a part hereof. Said mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 4, 2008, Instrument #200826376. The mortgage is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), Zucker,Goldberg&Ackerman, LLC which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record, 7. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded December 6, 2013, the mortgage was assigned to First Guaranty Mortgage Corporation which assignment is recorded in the Office of the Recorder of Deeds for Cumberland County, Instrument #201338778. The Assignment is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 8. The aforesaid Note and Mortgage was amended by a certain Loan Modification Agreement. Said Loan Modification Agreement was recorded in the Office of the Recorder of Deeds of Cumberland County on April 21, 2011 in Mortgage Book Instrument #201111860. Said Modification Agreementis marked Exhibit C, attached hereto and made a part hereof. The Loan Modification Agreement is a matter of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are of public record. 9. Eugene Stanley Rychlak, Sr. and Elsie Virginia Rychlak, husband and wife, an undivided one-half interest to be held as tenants by the entireties and Rodney E. Sites, a married person, an undivided one-half interest are record and real owners of the aforesaid mortgaged premises. 10. Defendants are in default under the terms of the aforesaid Mortgage for, inter alia, failure to pay the monthly installments of principal and interest due July 1, 2012. 11. As of 05/31/2014 the amount due and owing Plaintiff by Defendants) is as follows: Principal $234,045.70 Interest through 05/31/2014 $23,989.68 Pro Rata MIP/PMI $79.08 Escrow Advance $6,924.15 Total Fees $30.00 Late Charges $1,647.56 Recoverable Balance $455.00 Total $267,171.17 Zucker,Goldberg&Ackerman, LLC plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums authorized under the Mortgage and Pennsylvania Law to the above amount due and owing when incurred. 12. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 13. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. 14. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability in a bankruptcy proceeding,this action is in no way an attempt to re-establish such liability. Zucker,Goldberg&Ackerman, LLC WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of $267,171.17 with interest thereon plus additional costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ZUCKER,GOLDBERG&ACKERMAN, LLC t BY: 0 f) MCI Y? 10�, Dated: `Ql� i Scott A. ie terick, Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M.Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire;PA I.D.#311032 Jana Fridfinnsdottir, Esquire; PA I.D.#315944 Brian Nicholas, Esquire; PA I.D.#317240 Denise Carlon, Esquire; PA I.D.#317226 Attorneys for Plaintiff XFP-181304/mme 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908)233-8500; (908)233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT,AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker,Goldberg&Ackerman, LLC EXHIBIT A Zucker,Goldberg&Ackerman, LLC (00:h0-1W9) WHtt£:6 £60Z/Z6/60 sta>;e ofPCIMSyi NOTE " MIN:1 MFRS LOAN NO.; JULY 23.2008 [Date) , 81 WALNUT DALE ROAD,SHI93BJSt3 M PA 1725T- (Propoely Addrossi 1.PARTIES "Borrower"means each person signing at the end of this Note,and the person's successors and assigns. "Lender"means FIRST GUARANTY MORTGAGE CORPOMTICN and its successors and assigns. 2.BORROWER'S PROMISE TO PAY;INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of TWO HUNDRED SevEN THOUSAND THREE HUNDRED TWe4 Y FOUR AND NO/100 X X X X X X X X X X X Dollars(U,S.$ 207.324.00 ),plus interest,to the order of Lender.Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender,at the rate of SIX AND ONE HALF percent( 6.500 rya)per yew until the full amount of principal has been paid. 3.PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date as(tis Note and calf the"Security Instrument,"The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4.MANNER OF pAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on SSMNSK 2008 .Any principal and interest remaining on the first day of AUGUST,2038 ,will be due which Is called the"Maturity Date." (B) Plato Payment shall be made at FIRST GUARANTY MORrGAGECORPoRATioN 8180 GREENSBORD DRIVE,#500.MCLSkN,VA 22102 or at such place as Lender may designate In writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S.5 1,310.43 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other Items in the order described in the Security Instrument. (D) Allonge to this Noce for payment adjustmeats If an allonge providing for payment adjustments is executed by Borrower together with this Note,the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note,(Check applicable box] Graduated Payment Allonge []Growing Equity Allonge []Other(specify] S.BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge or penalty,on the first day of any month.Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of die month to the extent required by Lender and permitted by regulations of the Secretary,If Borrower makes a partial prepayment.there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA PettttnyWark Fisted Tete Note-10/95 p Inttmis •_�/ V-1 R(PA)(07071 Popo 1 of 3 UNDER SUPPORT SYSTEMS,INC.NOTEPA,NEW 410107) %/Z5 d 4sn.il e6eBlioW 199 2£:60 ZL-60-£LOZ (00:+tO-1W9) Wd+h£=6 £60Z/Zl,/60 6.BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument,as described in Paragraph 4(C)of this Note,by the end of 16 calendar days after the payment Is due,Lender may collect a late charge in the amount of (B) Default FOUR percent( 4,000 9b)of the overdue amount of each payment, If Borrower defaults by failing to pay in full any monthly payment,then Lender may,except as limited by regulations of the Secretary in the case of payment defaults,require Immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default.In many circumstances regulations Issued by(he Secretary will limit Lender's rights to require Immediate payment In full in the case of payment defaults.This Note does not authorize acceleration when not permitted by HUD regulations.As used In this Note."Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C) Paymcat of Costs and Expanses If Lender has required immediate payment in full,as described above,Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law.Such fees and costs shall bear Interest from the date of disbursement at the same rate as the principal of this Note. 7.WAIVERS Borrower and any otter person who has obligations under this Note waive die rights of presentment and notice of dishonor, "Presentment'means the right to require Lender to demand payment of amounts due."Notice of dishonor"means the right to require Lender to give notice to otter persons that amounts due have not been paid. S.GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at(he address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,Including The promise to pay the full amount owed.Any person who is a guarantor,surety or endorser or this Note is also obligated to do these things,Any person who lakes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.Lender may enforce Its rights under this Note against each person individually or against all signatories together,Any one person signing this Note may W required to pay all of the amounts owed under this Note. V•t R(PA)roho,h Par z ora W.M... IV N ,elf, h5/£5 d Isn.Il e6e!34IoW l98 W60 2L-60-£L02 (00:+10-1W9) WHtt£:6 £ UZI./60 This is a Contract under seat and may be enforced under 42 PA,C.S.Section 5529(b). BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Note. to bpi 4� E STAN RY / l (SCA) ,,-S±goS �'r S -Borrower ELSIE VI INw RYCHLAK �-(Seal) -Borrower �>RR5F 916 (Seal) (Seal) Borrower -Borrower (Seal) (Seal) -Borrower -eommur (Seal) (Seal) -Borrower -Borrower WITHOUT RECOURSE PAY TO THE ORDER OF: FIRST GUARANTY MORTGAGE C01'DA TION BY: DAF.AW PRESIDENT V•1 R(PA)toxon P61„3 of 3 Wtg d < 4sn.il a6e6j.ioW 199 W60 2L-60-£L02 EXHIBIT B 41 Zucker,Goldberg&Ackerman, LLC ALL the following described real estate lying and being situate in Southampton Township,Cumberland County,Pennsylvania,bounded and limited as follows: BEGINNING at a railroad spike set in lie centerline of public road(T-323),also known as Walnut Dale Road at common corner of Lot Nos. 7 and 6 on the above-referred to Subdivision Plan; thence along common boundary line of Lot Nos. 7 and 6, South 30 degrees 56 minutes 30 seconds East,642.44 feet to an iron pin in the line of Lot No. 10; thence along common boundary line of Lot Nos. 10 and 7, South 57 degrees 16 minutes 39 seconds West, 150.07 feet to an iron pin at common corner of Lot Nos. 7 and 8; thence along common boundary line of Lot Nos.7 and 8,North 30 degrees 56 minutes 30 seconds West, 647.10 feet to a railroad spike in the centerline of Walnut Date Road; thence along the centerline of Walnut Dale Road, North 59 degrees 03 minutes 30 seconds East, 150.00 feet to a railroad spike,the point and place of beginning. CONTAINING 2.137 total acres and being referred to as Got No. 7, more particularly bounded and described in accordance with Subdivision Plan entitled "Land Subdivision of Crestwood Acres West", prepared by Carl D. Bert,Professional Land Surveyor,which Subdivision Plan has been approved by the appropriate municipal authorities and is recorded in Cumberland County,Pa.,Plan Book 66,at Page 144. THE ABOVE DESCRIBED REAL ESTATE is the same which David Morones, Sr. and Lois A. Morones, husband and wife by their deed July 23,2008 and intended to be recorded immediately prior to the recording of this instrument in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania conveyed unto Eugene Stanley Rychlak, Sr.and Elsie Virginia Rychlak, husband and wife and Rodney E. Sites. 2 A1,L the following descritbcd real estater lying and being situate in Southampton Township,Cumberland County, Pennsylvania,bounded and limited as follows: REGMING at a railroad spike set in tho centorline of public road (T'-323),also known is Walnut Dale Road at common cortwr of Lot Nos, I and 6 oto `the abovo-referred to subdivision Plait; thence along common boundary line of Lot Nos, 7 and 6, South 30 ,degrees 56 minutes 30�5"onds East,642,44 feet to an iron pin in the line of Lot No. 10; thenee along common boundW- line of Cwt Nos10 and 7, South 57 degrees 16 ininutes 39 seconds West, 150-97 'het tO 411 iron Pin at COMMOn comer Of Lot NAS. 7 and 8; thence along common boundary fine of Lot Nos, 7 and 8.North 30 degrees 56 minutes 30 so 'ods WeA, 647,10 feet to arailroad spike in the, centerline of Walnut Dale Road; thence along the conterline of Walnut Dale Road, North 19 degrees 0.3 minutes. 30 Wonds Eut, 150.00feet to a railroad spike,the point and place of beginning. CONTAINING 2.137 total acres and being rof0red to as Lot No, 7, more particularly bounded and described in accordance with Subdivision Plan enthled "land'Subdivision of Crestwood Acres Wcs!V'"prepared by Carl D.Bert,Professional Land Surveyor, which Subdivision Plan has, been approved by the appropriate municipal authorities and is tocorded in Cumberland County,Pa.,Plan Book 66,at Page 144, VEINQ 1he,saine premises which James R. Birisman and Barbara S. Bingrman,husband and wife,by Deed dated 04ober 27,2006 and recorded in the Office of the Recorder of Deeds in and for CumberlanJ County,Zranted and conveyed uwo David Morones, Sr, and Lois A.Morones, husband anal wile,Grantors herein. UNOER AND SUBJECT TO building wthack lines and other notations and oondWons contained in tha above reforred to Subdivision Plan. EXHIBIT C w l i Zucker,Goldberg&Ackerman, LLC Recording Requested By&Return To: Chicago Title ServiceLink Division 4000 Industrial Blvd Aliquippa,PA 15001 Prepared By: Property Address: LoanCare Servicing Center,Inc. 161 Walnut Dale Road 3637 Sentara Way,Suite 303 Shippensburg,PA I7257 Virginia Beach,VA//2��3452 LOAN MODIFICATION AGREEMENT (Providing for Fixed Ibrterest Rate) Loan Numbef MERS Phone: 1-888-679-6377 MI This Loan Modification Agreement ("Agreement"), made this 7th day of February,2011 between Eugene Stanley Rychlak,Sr.,Elsie Virginia Rychlak and Rodney E,Sites, all as joint tenants ("Borrower")and First Guaranty Mortgage Corporation LOANCARE SERVICING CENTER,INC,MODIFIED LOAN MODIFICATION AGREEMENT WITH PIERS -Singte-Family -Fannie Mae Uniform Instrument Form 3179 1101(rev.01 09) PmAding For Fixed Interest Rate - Amended for Pennsyhmnia to include Notary Acknowledgments and other information VMP® D13563 (1011) Wolters 10mer Financial Services 402009,2008 Papa 1 of ("Lender"), and Mortgage Electronic Registration Systems, Inc., (Mortgagee), amends and supplements (1) the Mortgage, Deed of Trust or Security Deed (the"Security Instrument"), dated July 23,2008 * and granted or assigned to Mortgage Electronic Registration Systems, Inc, as mortgagee of record (solely as nominee for Lender and Lender's successors and assigns), P.O. Box 2026, Flint,Michigan 48501-2026; street address: 1901 E. Voorhees Street, Suite C,Danville,IL 61834 and recorded in the County Records of [Name of Records] Cumberland,Pennsylvania [County afid State, or other jurisdiction] and (2) the Note, bearing the same date as, and secured by, the Security Instrument which covers the real and personal property described in the Security Instrument and defined therein as the "Property," located at 61 Walnut Dale Road Shippensburg,PA 17257 [Property Address] the real property described being set forth as follows: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF,AS EXHIBIT'A' In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): I. As of February 7,2011 the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance") is U.S.$238,693.00 consisting of the unpaid amount(s) loaned to Borrower b Lender q plus any interest and other amounts capitalized. y 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance for the first year at the yearly rate of 5.125 %from February 1,2011 Borrower promises to make monthly payments of principal and interest in the amount of U.S. $ 1,299.65 beginning on the 1st day of March,2011 ,and continuing thereafter on the same day of each succeeding month until principal and interest are paid in ftill. The yearly rate of 5.125%will remain in effect until principal and interest is paid in full. If on February 1,2041 (the"Maturity Date"), Borrower still owes amounts under the Note and the Security Instrument, as amended by this Agreement. Borrower will pay these amounts in full on the Maturity Date. LOANCARE SERVICING CENTER,INC.MODIFIED LOAN MODIFICATION AGREEMENT WITH MERS -Single-Family -Fannie Mae Uniform Instrument- Form 3179 1101(rev.01109) Providing For Fixed interest Rate Amended for Pennsylvania to include Notary Acknowledgments and other information V)AP 0 D13563 (1011) Wofters louwerfilancial Services 02009,2009 Page 2 of 7 3. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all stuns secured by the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 4. Borrower also will comply with all other covenants, agreements, and requirements of the Security.Instrument including without limitation, Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the date specified in paragraph No. I above: (a) all terms and provisions of the Note and Security Instrument (if any)providing for,implementing, or relating to, any change or adjustment in the rate of interest payable under the Note,including, where applicable, the Timely Payment Rewards rate reduction., as described in paragraph I of the Tl'n:'aely Payment Rewards Addendum to Note and paragraph A.I of the Timely Payment Rewards Rider.By executing this Agreement' Borrower waives any Timely Payment Rewards rate reduction to which Borrower may have otherwise been entitled; and (b) all terms and provisions of any adjustable rate rider or Timely Payment Rewards Rider,where applicable, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of,the Note or Security Instrument and that contains any such terms and provisions as those referred to in(a)above. 5. Borrower understands and agrees that (a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder. (b) All covenants, agreements, stipulations, and Conditions in the Note and Security Instrument shall be and remain in full force and effect, except as herein modified,and none of the Borrower's obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof,nor shall .this Agreement in any way impair,diminish, or affect any of Lender's rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law.Also, all rights of recourse to which Lender is presently entitled against any property or any other persons in any way obligated for,or liable on, the Note and Security Instrument are expressly reserved by Lender. (c) Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. A All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney's fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender. LOANCARE SERVICING CENTER,INC.MODIFIED LOAN MODIFICATION AGREEMENT WITH MGRS -Single-Family -Fannie Mae Uniform Instrument- Form 3179 1101(rev.01109) Providing For Fixed Interest Rate Amended for Pennsy[vania to Include Notary Acknowle<lgmenls and other information vMP e DIM (1011) Walters 19wer Financial Services @2009.2000 Page 3 of? (e) Borrower agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the heirs, executors, administrators, and assigns of the Borrower. i r (Seal) Eugene S; chlalc Sr. -Borrower t (Seal) Elsie V.Rychlak -Borrower (Seal) Rodney Y, ites -Borrower (Seal) -Borrower BORROWER ACKNOWLEDGMENT State of Pennsylvania County of Cumberland f On this day of '— to o� I � before me ,�el�g 1 A- A �.Vi te,�S�J the undersigned officer,personally appeared Eugene S.Rychlak Sr.,Elsie V..Rychlak c Rodney E.Sites 4�- known to me(or satisfactorily proven) to be the person wh2nain (s) is/are subscri to the within instrument andzNacknowledged that he/she (they) executed the same forposes therein contained. In witness whereof I a z hereunto set my hand and official seal. a o My commission expires: `la-�/� �� Notary Public e ADDITIONAL BORROWER SIGNATURES ON NEXT PAGE. Z z LOANCARE SERVICING CENTER,INC.MODIFIED A0 LOAN MODIFICATION AGREEMENT WITH MERS -Single-Famil -Fannie Mae uniform Instrument- Form 3179 1101(rev.01109) Providing For Fixed Interest Rate 4. Amended for Pennsylvania to include Notary Acknowledgments and other information VMP 0 - Dt3553 (1011) j Wolters Kluwer Financial services 82009,2009 Page 4 of 7 i (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower BORRO6TR ACKN0111LEDGAENT State of Pennsylvania County of Cumberland On this day of before me the undersigned officer,personally appeared known to me(or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she (they) executed the same for the purposes therein contained. In witness whereof 1 hereunto set my hand and official seal. My commission expires: Notary Public LOANCARE SERVICING CENTER,INC.MODIFIED LOAN MODIFICATION AGREEMENT WITH MERS -Single-Family -Fannie Mae Uniform Instrument- Form 3179 1101(rev.01108) Providing For Fized Interest Rate Amended for Pennsylvania to Include Notary Acknowledgments and other information VMP 0 D13563 (1011) Wolters Kluwer Financial Services 02008.206 Page 5 of First Guaranty Mortgage Corporation (Seat) -Lendcm r� By: Aaron Shippee Vice President LENDER ACKNOWLEDGMENT Commonwealth/State of Virginia County of Virginia Beach G On this the F 6•�day of 1 before me, the undersigned officer,personally appeared Aaron Shippee Vice President known to me (or satisfactorily proven) to be the person duly authorized to execute instruments on behalf of the' corporation whose name is subscribed as attorney-in-fact for First Guaranty Mortgage Corporation a corporation, and acknowledged that he/she, as such Vice President being authorized to do so, executed the foregoing instrument as the act of the principal for the purposes therein contained, by signing the name of the corporation by himself/herself as Aaron Shippee In witness whereof I hereR�tol%HAA44nd and official seal. \h1A 8L;��iy��i �� N bNWi 0 ?V:•6 :REGIS' YtO1J NO, 1366823P1 S: .'•.MYCONI` AXP 031- •` of vneGr' xG LOANCARE SERVICING CENTER,INC.MODIFIED LOAN MODIFICATION AGREEMENT WITH MERS -Single-Family -Fannie Mae Uniform Instrument- Form 3179 1101(rev,01109) Providing For Fixed Inlerest Rate Amended for Pennsylvania to Include Notary Acknowledgments and other information VIP® D13563 (1011) Wolters Klvxer Financial Services ®2009,2009 Page 6 of 7 i I Mortgage Electronic ReRistration Systems, Inc. (Seal) -Mortgagee By: Aaron Shippee Vice President MORTGAGEE ACICNOWLEDGMENT Commonwealth/State of Virginia County of Virginia Beach On this the �day of t '+� `-' O before me, the undersigned officer,personally appeared Aaron Shippee who acknowledged himself/herself to be the Vice President of Mortgage Electronic Registration Systems, Inc., a corporation, and that he/she, as such Vice President ,being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as Aaron Shippee In witness whereof I hereunto set my hand and official seal. N,J 1 NA g, 9 `�GZ GO1(�OW tl fq`fyQ G� y.0 t REGISTRATION NO. 7366823 = MYCOMM,EXPIRES., _ 03/31/2014 OF VIRGIN�Q•' 01/1' i I i LOANCARE SERVICING CENTER,INC.MODIFIED LOAN MODIFICATION AGREEMENT WITH MERS -Single-Family -Fannie Mae Uniform Instrument Form 3179 1101(rev.01109) Providing For Foxed Interest Rale Amended for Pennsylvania to include Notary Acknowledgments and other information VMP® D13563 (1011) Wolters Khver Financial Servfces 02009,2008 Page 7 of Exhibit A Legal Description ALL THAT PARCEL or LAND IN TomrNsHIP of souTffAAeT0N,CUNMEM.AND COUNTS,COMMOT IMT-41-TH OF PENNSYLVANIA,AS IN DEED INST 9 200820375,TD#39,14-0167-064 .BEING IWOVN AND DESIGNATED AS: LOT 7,LAND SUBDIVISION OF CRESTWOOD ACRES ASST,FILED IN FIAT BOOK(6:PAGE'144,NX114S AND BOUNDS PROPERTY. DEED FROM DAVID MORONES,SR AND LOIS A.MORONES,HUSBAND AND AqFpASSET FORTH �DEE 0 D INST 9 200326375, DATED 072312008 AND RECORDED 08104/2008,CTTNIB M- LAND COIWTY RECORD,,,,COMMONWpALTfi OF PENNSYLVANIA- --------------- VERIFICATION I, Sally Taylor Foreclosure Supervisor (title), depose and say subject to the penalties of 18 Pa.C.S.A.,sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. First Guaranty Mortgage Corporation By: RoundPoint Mortgage Servicing Corporation,as attorney-in-fact, pursuant to a Limited Power of Attorney recorded 4/3/2013 Name: -�,Auw�� Sally Taylor Title: reclosur Supervi or File No: 181304 Borrower Name: Eugene Stanley Rychlak,Sr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Guaranty Mortgage Corporation CIVIL DIV1 N Plaintiff, NO. / VS. I Eugene Stanley Rychlak,Sr.; Elsie Virginia Rychlak; Rodney E.Sites; c-1 tT Defendants. `_, 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) 243-9400 extension 2510 or (800) 822-5288 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. Zucker,Goldberg&Ackerman, LLC XFP-181304 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 THE STEPS REQUIRED BY THIS NOTICE.TIDS PROGRAM IS FREE. ZUCKER, GOLDBERG &ACKERMAN, LLC By: Dated: '� Scott A. ie eric , squi A I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D.#202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M.Salvia, Esquire; PA I.D.#202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 Jana Fridfinnsdottir, Esquire; PA I.D.#315944 Brian Nicholas, Esquire; PA I.D.#317240 Denise Carlon, Esquire; PA I.D.#317226 Attorneys for Plaintiff XFP-181304/mti 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com Zucker,Goldberg&Ackerman, LLC XFP-181304 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/PRI 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: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #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: Zucker,Goldberg&Ackerman, LLC XFP-181304 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: 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 2"d 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/Alim. Spending Money Day/Child Care/Tuft. 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: Zucker,Goldberg&Ackerman, LLC XFP-181304 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 or lender's loan servicing company: Lender's 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 lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation(hardship letter) V Listing agreement(if property is currently on the market) Zucker,Goldberg&Ackerman, LLC XFP-181304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Guaranty Mortgage Corporation CIVIL DIVISION Plaintiff, NO.. VS. Eugene Stanley Rychlak,Sr.; Elsie Virginia Rychlak; Rodney E.Sites; Defendants. REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program"and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Zucker,Goldberg&Ackerman, LLC XFP-181304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Guaranty Mortgage Corporation CIVIL DIVISION Plaintiff, NO.. VS. Eugene Stanley Rychlak,Sr.; Elsie Virginia Rychlak; Rodney E.Sites; Defendants. CASE MANAGEMENT ORDER AND NOW, this day of ,20 ,the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse,Carlisle, Pennsylvania. 1. At least twenty-one(21) days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 2. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference.The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable Zucker,Goldberg&Ackerman, LLC XFP-181304 resolution,and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference,the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference,the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Zucker,Goldberg&Ackerman, LLC XFP-181304 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.C. §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 THIS 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,LtU-UFFir. Ver THE PRCTHCNO ;;,i=�; 1a171t: ZO1 AUG 14 PM 3:05 CUMBERLAND COUNTY PENNSYLVANIA OFFiCE OF THE $t ;RIFF First Guaranty Mortgage Corporation vs. Eugene Stanley Rychlak, Sr. (et al.) Case Number 2014-3458 SHERIFF'S RETURN OF SERVICE 06/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eugene Stanley Rychlak, Sr., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 06/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elsie Virgina Rychlak, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 06/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elsie Virgina Rychlak, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Montgomery, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 06/16/2014 02:24 PM - Deputy Christopher Sharpe, 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 Angel Sites, Wife, who accepted as "Adult Person in Charge" for Rodney E Sites at 61 Walnut Dale Road, South Hampden Township, Shippensburg, PA 17257. HER SHARPE, DEPUTY 06/23/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eugene Stanley Rychlak, Sr., 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 61 Walnut Dale Road, South Hampden Township, Shippensburg, PA 17257. Deputies were advised that the defendants now reside at 730 Bassett Road, Chambersburg, PA. 06/23/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elsie Virgina Rychlak, 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 61 Walnut Dale Road, South Hampden Township, Shippensburg, PA 17257. Deputies were advised that the defendants now reside at 730 Bassett Road, Chambersburg, PA. 07/14/2014 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Franklin County, the within named Defendant Elsie Virgina Rychlak, not found. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. 08/07/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elsie Virgina Rychlak, 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 143 2nd Ave, Royersford, PA 19468-2204. 08/07/2014 The requested Complaint in Mortgage Foreclosure returned by the Sheriff of Franklin County, the within named Defendant Eugene Stanley Rychlak, Sr., not found. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. cY CoountySuiie Sheriff, Tel=_osofi. Inc. SHERIFF COST: $153.20 SO ANSWERS, August 07, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teloosofi, Inc. SHERIFF'S RETURN - NOT FOUND CASE NO: 2014-00155 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN FIRST GUARANTY MORTGAGE CORP VS EUGENE STANLEY RYCHLAK SR ETAL RONALD L GEYER JR , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RYCHLAK ELSIE VIRGINIA but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE , NOT FOUND , as to the within named DEFENDANT , RYCHLAK ELSIE VIRGINIA 730 BASSETT DRIVE APT 1C CHAMBERSBURG, PA 17201 NEW TENANT (MOVED IN 6/12/14) DOES NOT KNOW TENANT. POSSIBLE ALT ADDRESS: 61 WALNUT DALE ROAD SHIPPENSBURG PA 17257 Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 So answers: R NALD L GEY� DANE M ANTHONY, Sheriff .00 ZUCKER GOLDBERG AND ACKERMAN 08/01/2014 Sworn and subscribed to before me f'f this I' day o &! - Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary, Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 SHERIFF'S RETURN - NOT FOUND CASE NO: 2014-00155 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN FIRST GUARANTY MORTGAGE CORP VS EUGENE STANLEY RYCHLAK SR ETAL RONALD L GEYER JR according to law, the within named , Deputy Sheriff, who being duly sworn says, that he made a diligent search and inquiry for DEFENDANT , to wit: RYCHLAK EUGENE STANLEY SR unable to locate Him COMP MORT FORE but was in his bailiwick. He therefore returns the the within named DEFENDANT 730 BASSETT DRIVE APT 1C , NOT FOUND , as to , RYCHLAK EUGENE STANLEY SR CHAMBERSBURG, PA 17201 NEW TENANT (MOVED IN 6/12/14) DOES NOT KNOW TENANT. POSSIBLE ALT ADDRESS: 61 WALNUT DALE ROAD SHIPPENSBURG PA 17257 Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and subscribed to this cS/ day of o2.C), .00 .00 .00 .00 .00 .00 So answers: DANE M ANTHONY, Sheriff ZUCKER GOLDBERG AND ACKERMAN 07/31/2014 before me COMMONWEALTH OF PENNSYLVANIA NOTARTAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Guaranty Mortgage Corporation CIVIL DIVISION Plaintiff, vs. Eugene Stanley Rychlak, Sr.; Elsie Virginia Rychlak; Rodney E. Sites; Defendants. NO.: 14 -3458 -CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above -captioned term and number reinstated. By: Dated: October 23, 2014 ZUCKvR, GOLDBERG N, LLC Dietterick, Esquire; 'A I.D. #55650 erly A. Bonner, Esquire; PA I.D. #89705 A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 Attorneys for Plaintiff XFP-181304/adf 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com 0,114 t ot-ht-mg p4?1Q-it's SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r. - , rt Sheriff - '_ i ')! O I i i B , Jody S Smith . Chief Deputy 2014 DEC 12 AI 10: 014 Richard W Stewart ""' - CUMBERLAND COUN I Solicitor e'FciC QFTE" " 'rr PENNSYLVANIA First Guaranty Mortgage Corporation vs. Eugene Stanley Rychlak, Sr. (et al.) Case Number 2014-3458 SHERIFF'S RETURN OF SERVICE 10/29/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Elsie Virgina Rychlak, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Fulton, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 12/09/2014 The requested Complaint in Mortgage Foreclosure served by the Sheriff of Fulton County upon April Bumbaugh, Daughter, who accepted for Elsie Virgina Rychlak, at 192 Cromwell Ridge Road, Hustontown, PA 17229. Keith Stains, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, December 09, 2014 (c) Cour'.tySuite Sheriff, Te;eoscff. Inc. ROOR ANDERSON, SHERIFF TEL (717) 485-4221 FULTON COUNTY SHERIFF'S OFFICE 207 NORTH SECOND STREET, McCONNELLSBURG, PA 17233 SHERIFF SERVICE PROCESS RECEIPT AND AFFIDAVIT OF RETURN FAX (717) 485-4519 1. PLAINTIFF/ S First Guaranty Mortgage Corportaion 2. COURT NUMBER CUMBERLAND COUNTY 2014-3458 3. DEFENDANT/ S 4. TYPE OF WRIT OR COMPLAINT: Eugene S. Rychlak, Sr. Et Al Complaint in Mortgage Foreclosure SERVE 1!5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD' AT AT V.y Elsie Rychlak 6. ADDRESS (Street, or RFD, Apartment No., Boro., Twp., State and Zip Code) L 192 Cromwell Ridge Road; Hustontown PA 17229 7. INDICATE UNUSUAL SERVICE: 0 COMMON. OF PA ❑ DEPUTIZE ❑ OTHER Now, I, SHERIFF OF FULTON COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF FULTON COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 9. SIGNATURE of ATTORNEY or other ORIGINATOR Cumberland County Sheriffs Office 10. TELEPHONE NUMBER 11. DATE 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must me completed if notice is to be mailed) One Couthouse Square, Carlisle PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the wriNAME of authorized FCSD Deputy of Clerk and Title or complaint as indicated above. Crystal D. Stepanik, Secretary October 31, 2014 November 28, 2014 14. Date Received 15. Expiration/Hearing Date 16. I hereby CERTIFY and RETURN that I ® have personally served, ❑ have legal evidence of service as shown in "Remarks", ❑ have executed as shown in "Remarks", the writ or complaint that described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) April Bumbaugh - daughter 19. A person of suitable age and discretion then residing in the defendant's usual place of abode. ■ 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., State and Zip Code) Same as above 21. Date or Service November 06, 2014 22. Time - AM K4 PM igi EST 4:20 mi EDST 23. ATTEMPTS 1 Date 11-6-14 Miles -40 Dep. Int. LEO Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Advance 25. Service Costs $ 18.00 26. Notary Cert. $ 5.00 27 Mileage $ 22.00 28. Pos age 29. Surcharge 30. Total Costs $ 45.00 31. COST DUE OR REFUND Refund - $55.00 $ 100.00 32. REMARKS- -Tin November 6, 2014, about 4:20 o'clock, pm, Fulton County Sheriff Deputy Larry Ott, having first been duly deputized by the Sheriff of Cumberland County, served the Cumberland County Court of Common Pleas Civil Action Complaint in Mortgage Foreclosure documents, #2014-3458, for ELSIE V. RYCHLAK, by personally handing the documents to her daughter, APRIL BUMBAUGH at the 192 Cromwell Ridge Road, Hustontown, Fulton County, Pennsylvania address. April Bumbaugh is her mother's (Elsie Rychlak) Power of Attorney. However, Elsie Rychlak does not reside at 192 Cromwell Ridge Road with ApriL Elsie Rychlak is, reportedly, living in Woodland Nursing Home, Orbisonia, Huntingdon County, Pennsylvania. April visits her mother twice a week, and will give the mortgage foreclosure documents to Elsie Rychlak. 33. AFFIRMED and subscribed to before me this 20TH. 34. 37. November, 2014 Prothonotary/Deputy. 35. signature of Deputy Sheriff Larry E. O. 38. Signature of Sheriff SWER. 6. Date 11 /20/2014 39. Date MY COMMISSION EXPIRES'' January 01, 201,8 SHERIFF OF FULTON COUNTY 40. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE } OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 41. Date Received TEL (717) 485-4221 FULL ON COUNTY SHERIFF'S OFFICE 207 NORTH SECOND STREET, McCONNELLSBURG, PA 17233 SHERIFF SERVICE PROCESS RECEIPT AND AFFIDAVIT OF RETURN FAX (717) 485-4519 1. PLAINTIFF/ S First Guaranty Mortgage Corportaion 2. COURT NUMBER CUMBERLAND COUNTY 2014-3458 3. DEFENDANT/ S Eugene S. Rychlak, Sr. Et Al 4. TYPE OF WRIT OR COMPLAINT: Complaint in Mortgage Foreclosure SERVE r 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD Elsie V. Rychlak 6. ADDRESS (Street, or RFD, Apartment No., Boro., Twp., State and Zip Code) AT 192 Cromwell Ridge Road, Hustontown PA 17229 7. INDICATE UNUSUAL SERVICE: 0 COMMON. OF PA ❑ DEPUTIZE ❑ OTHER Now, I, SHERIFF OF FULTON COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF FULTON COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 9. SIGNATURE of ATTORNEY or other ORIGINATOR Cumberland County Sheriffs Office 10. TELEPHONE NUMBER 11. DATE 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must me completed if notice is to be mailed) One Couthouse Square, Carlisle PA 17013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ NAME of authorized FCSD Deputy of Clerk and Title or complaint as indicated above. 14. Date Received 15. Expiration/Hearing Date Crystal D. Stepanik, Secretary October 31, 2014 November 28, 2014 16. I hereby CERTIFY and RETURN that I ® have personally served, ❑ have legal evidence of service as shown in "Remarks", ❑ have executed as shown in "Remarks", the writ or complaint that described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handling a TRUE and ATTESTED COPY thereof. 17. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) Bumbaugh - daughter 19. A person of suitable age and discretion then residing in the defendant's usual place of abode. IIIApril 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., State and Zip Code) Same as above 21. Date or Service November 06, 2014 22. Time - AM K 4 PM K4 EST 4:20 m EDST 23. ATTEMPTS 1 Date 11-6-14 Miles -40 Dep. Int. LEO Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Advance 25. Service Costs $ 18.00 26. Notary Cert. $ 5.00 27 Mileage $ 22.00 28. Pos age 29. Surcharge 30. Total Costs $ 45.00 31. COST DUE OR REFUND Refund - $55.00 $ 100.00 32. REMARKS,November 6, 2014, about 4:20 o'clock, pm, Fulton County Sheriff Deputy Larry Ott, having first been duly deputized by the Sheriff of Cumberland County, served the Cumberland County Court of Common Pleas Civil Action Complaint in Mortgage Foreclosure documents, #2014-3458, for ELSIE V. RYCHLAK, by -personally, handing the documents to her daughter, APRIL BUMBAUGH at the 192 Cromwell Ridge Road, Hustontown, Fulton County, Pennsylvania address. April Bumbaugh is her mother's (Elsie Rychlak) Power of Attorney. However, Elsie Rychlak does not reside at 192 Cromwell Ridge Road with April. Elsie Rychlak is, reportedly, living in Woodland Nursing Home, Orbisonia, Huntingdon County, Pennsylvania. April visits her mother twice a week, and will give the mortgage foreclosure documents to Elsie Rychlak. 33. AFFIRMED and subscribed to before me this 34. day of, 37. - \ , A. -V"\ November, 2014 20TH. •N Prothonotary/Deputy/Notary Public MY COMMISSION EXPIRES January 01,018 35. Signature of Deputy Sheriff Larry E. Ott 38. Signature of Sheriff 6. Date11/20/2014 39. Date SHERIFF OF FULTON COUNTY 40. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE } OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 41. Date Received IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA First Guaranty Mortgage Corporation CIVIL DIVISION Plaintiff, vs. Eugene Stanley Rychlak, Sr.; Elsie Virginia Rychlak; Rodney E. Sites; Defendants. NO.: 14 -3458 -CIVIL PRAECIPE TO REINSTATE COMPLAINT -0 Cr 1 Ti rri cn co r— < L:: Gp ...... `Y1 TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above -captioned term and number reinstated. Dated: Vuf By: ZUCKER, GOLDBERG & AC Lam' N, LLC Scott A. Dietterick`Esquire; A I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Jana Fridfinnsdottir, Esquire; PA I.D. #315944 Brian Nicholas, Esquire; PA I.D. #317240 Denise Carlon, Esquire; PA I.D. #317226 Roger Fay, Esquire; PA I.D. #315987 Attorneys for Plaintiff XFP-181304/adf 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com 411 I . 95 Po ATTY 6p,It.77:q 063 D -r