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HomeMy WebLinkAbout15-0002 Supreme Cou of'Pennsylvania COUr.`t fCO Imo Pleas For Prothonotary Use Only: C#vii� o :er�S deet 71,t S' a Docket No: ST Curti e�rland' County .26ls% Dom?.. i The information collected on this fortn is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 1@ Complaint 13 Writ of Summons [3 Petition EJ Transfer from Another Jurisdiction 13 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Generation Mortgage Company Jack W. Critser, deceased/last record owner Dollar Amount Requested: ®within arbitration limits Y Are money damages requested? 0 Yes ® No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? ©Yes No Is this an MDJAppeal? 0 Yes O No A Name of Plaintiff/Appellant's Attorney: Michael F.J. Romano, Esquire © Check here if you have no attorney(are a Self-Represented 1Pro 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection:Credit Card ® Board of Assessment Q Motor Vehicle Debt Collection:Other ® Board of Elections ©Nuisance Dept.of Transportation 12 Premises Liability Statutory Appeal:Other S [3 Product Liability (does not include © Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination C ❑—1 Other: ® Employment Dispute:Other © Zoning Board T Other: I " ® Other: O MASS TORT 0 Asbestos N ®i Tobacco [:1 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste [3 Other: 13 Ejectment Q Common Law/Statutory Arbitration B ®Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent ® Mandamus ®Landlord/Tenant Dispute ©Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ©Quo Warranto ® Dental Partition ©Replevin ® Legal Quiet Title 0 Other: 0 Medical Other: ©i Other Professional: Updated 1/1/2011 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act,Rules 1901 et seq. (ii) actions for support,Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage,Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions,Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e)and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. 1 FORM 1 r Generation Mortgage Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r' Plaintiff(s) - rnL r VS. Jack W. Critser, decased/last record crr)f— owner; Johnathan W. Ward and Unknowrb Defendant(s) 843000n" Civil C� 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 the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUI D TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS EE. Respec ully submitted: Date Sign 0 unsel f aintiff FORM 2 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: APPLICATIONCUSTOMERIPRIMARY 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 and 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: v Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount owed: Value: Automobile#2:Model: Year: Amount owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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 Payine) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" 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 and Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, 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 Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed e FORM 3 Generation Mortgage Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. Jack W. Crister, deceased / last rPrnrrl nwnPr• .Inhnathan W Warn Defendants) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 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; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. 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 statements are made subject to the penalties of 18 .Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 Generation Mortgage Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. Jack W. Critser, deceased, last record owner; Johnathan W. Ward o Defendant(s) Civil 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. 2. 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 with 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. 3. 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 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 4. 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 ar a reverse mortgage; paying the mortgage default over sixty months;and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. S ROMANO,GARUBO &ARGENTIERI Counselors at Law LLC By: Michael F.J.Romano,Esquire Attorney ID# 52268 52 Newton Avenue,P.O. Box 456 Woodbury,NJ 08096 (856)384-151.5 Attorney for Plaintiff Generation Mortgage Company , 3565 Piedmont Road NE,Ste 300 : COURT OF COMMON PLEAS Atlanta, GA 30305 : CUMBERLAND COUNTY Plaintiff, . No.: ill 5 — DUOG Z Vs. , CIVIL ACTION Jack W. Critser,deceased/last record owner MORTGAGE FORECLOSURE 116 N. 25'"Street Camp Hill,PA 17011 , Johnathan Wayne Ward ,known heir of Jack , W. Critser , 16 Scarsdale Drive , Camp Hill,PA 17011 , Unknown heirs,devises and personal _C:: = _; representatives of Jack W. Critser,and his, M C— = _ her,their or any of their successors in right, fJ c title and interest r, tV C�'`. The United States of America Department of Justice _- 950 Pennsylvania Avenue NW Room 4400 ` " CD Washington,DC 20530 Property: 116 N.25th Street Camp Hill,PA 17011 Defendant(s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20)days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you.You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 0iis. 7s CK-11 a8`1 jZ- - 31 s/�3 r 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 ROMANO, GARUBO &ARGENTIERI Counselors at Law LLC By: Michael F.J.Romano,Esquire Attorney ID# 52268 52 Newton Avenue,P.O. Box 456 Woodbury,NJ 08096 (856)384-1515 Attorney for Plaintiff Generation Mortgage Company 3565 Piedmont Road NE,Ste 300 : COURT OF COMMON PLEAS Atlanta, GA 30305 : CUMBERLAND COUNTY Plaintiff, . No.. Vs. CIVIL ACTION Jack W. Critser,deceased/last record owner MORTGAGE FORECLOSURE 116 N.25th Street Camp Hill,PA 17011 Johnathan Wayne Ward ,known heir of Jack W. Critser 16 Scarsdale Drive Camp Hill,PA 17011 Unknown heirs,devises and personal representatives of Jack W. Critser,and his, her,their or any of their successors in right, title and interest The United States of America Department of Justice 950 Pennsylvania Avenue NW Room 4400 Washington,DC 20530 Property: 116 N.25th Street Camp Hill,PA 17011 . Defendant(s) . COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Generation Mortgage Company(the"Plaintiff'),whose address is 3565 Piedmont Road,NE, Suite 300,Atlanta, GA 30305. 2. Jack W. Critser(hereinafter referred to as"Mortgagor")died intestate on April 27,2014, and at the time of his death,he was the real owner of the premises commonly known as 116 N. 25"' Street, Camp Hill,PA 17011 (hereinafter referred to as the"Mortgaged Property"). 3. Defendant,Johnathan W. Ward,has been joined as a Defendant herein for any interest, right and/or claim she may have in the mortgaged premises and is an adult individual believed to be residing at 16 Scarsdale Drive, Camp Hill,PA 17011. 4. Defendants,Unknown heirs,devisees and personal representatives of Jack W. Critser and his, her,their or any of their successors in right,title and interest,have been joined as Defendants herein for any interest,right and/or claim he/she may have in the mortgaged premises. 5. On October 24,2012,Mortgagor executed and delivered to Generation Mortgage Company, a Home Equity Conversion Fixed Rate Note, (the"Note")to secure all sums advanced thereunder,payable when the borrower dies or no longer uses the mortgaged property as his principal residence, or if borrower fails to perform an obligation required by the mortgage.A true and correct copy of the Note and Allonge are attached hereto and made a part hereof as Exhibit"A". 6. To secure the obligations under the Note,Mortgagor executed and delivered to Mortgage Electronic Registration Systems,Inc. ("MERS")as nominee for Integrated Financial Group,Inc., a Fixed Rate Home Equity Conversion Mortgage(the"Reverse Mortgage")dated October 24, 2012 and recorded on November 6, 2012 with the Recorder of Deeds in and for the County of Cumberland,Pennsylvania as Instrument No.: 201234360. The Mortgage is a matter of public record and is incorporated herein by this reference in accordance with Pa.R.C.P. 1019(g). 7. The Reverse Mortgage secures the following real property(the"Mortgaged Premises"): 116 N. 25th Street, Camp Hill,PA 17011-3608. A legal description of the Mortgaged Premises is attached hereto and made a part hereof as Exhibit"B". 8. The Reverse Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Integrated Financial Group,Inc.to Generation Mortgage Company on September 25, 2014 and said Assignment of Mortgage was recorded with the Recorder of Deeds of Cumberland County on October 9,2014 as Instrument No.: 201423113. The Assignment of Mortgage is a matter of public record and is incorporated herein by this reference in accordance with Pa.R.C.P. 1019(g). 9. a) The United States of America is hereby named as a party defendant herein for any lien, claim or interest it may have in,to or on the mortgaged premises for any Federal Estate Tax which may be due by the Estate of Jack W. Critser Taxpayer's Name: Jack W. Critser Taxpayer's Social Security No. xxx-xx-1652 Date of Death: April 27, 2014 Place of Death: Cumberland County Hill,PA b) The United States of America is hereby further named a party defendant herein for any lien, claim or interest they may have in,to or on the mortgaged premises by virtue of the following Home Equity Conversion Second Mortgage. i. Jack W. Critser to the Secretary of Housing and Urban Development dated October 24,2012 and recorded November 6,2012 as Instrument No.: 201234359 to secure the sun of$337,500.00. The Second Mortgage is a matter of public record and is incorporated herein by this reference in accordance with Pa.R.C.P. 1019(g). 10. The mortgagor, or grantee or grantees, if any, of said mortgagor,have defaulted in that the Mortgagor,Jack W. Critser, is deceased. Plaintiff,herein,by reason of said default, elected that the whole unpaid principal sum due on the aforesaid obligation and Reverse Mortgage referred above,with all unpaid interest and advances made thereon, shall now be due. 11. Any interest or claim which the Estate of Jack W. Critser,herein has, or claims to have, in or upon the said mortgaged premises or some part thereof is subject to the lien of the plaintiffs mortgage. 12. Any interest or claim which Johnathan W. Ward,the Unknown heirs, devises and personal representatives of Jack W. Critser and/or the United States of America,Department of Justice herein have, or claim to have, in or upon the said mortgaged premises or some part thereof is subject to the lien of the plaintiffs mortgage. 13. The following amounts are due on the Reverse Mortgage and Note: Balance of Amount due on Note and $187,069.73 Reverse Mortgage Interest from 12/1/14 to 12/31/14 $804.02 MIP from 12/1/14 to 12/31/14 $194.88 Transactions from 12/1/14 to 12/31/14 $20.00 Unreimbursed Fee $158.00 Reasonable Attorney's Fees $1,650.00 TOTAL as of December 31, 2014 $189,896.63 Plus,any amounts accruing after December 31, 2014, including any amounts expended for corporate advances, future taxes and insurance along with additional costs incurred in this foreclosure action. 14. During the course of this action,the plaintiff may be obligated to make advances for the payment of taxes, assessments, insurance premiums and necessary expenses to preserve the security, and such sums advanced under the terms of the Note and Reverse Mortgage,together with interest,will be added to the amount due on the mortgage debt and secured by the plaintiff's Reverse Mortgage. 15. On May 16, 2014,a Delinquency letter and HECM Payoff Quote were sent to Defendant, Estate of Jack W. Critser c/o defendant,Johnathan W. Ward advising that a default under the Reverse Mortgage had occurred and the lender must be repaid. A true and correct copy of the Notice is attached hereto and made a,part hereof as Exhibit"C". 16. On August 12, 2014,the Notice of Default and Intent to Foreclose advising of default under the loan was sent to the Estate of Jack W. Critser c/o Johnathan Wayne Ward. A true and correct copy of the Notice is attached hereto and made a part hereof as Exhibit"D". 17. Act 91 is inapplicable to this matter because the property securing the mortgage is not the principal residence of the mortgagor, and/or because the mortgage is insured by the Federal Housing Administration. 18. The notice requirements of Act 6 are inapplicable here because the residential mortgage debtor is deceased. See 41 P.S. § 403(a). WHEREFORE,Plaintiff demands an in rem judgment against Defendants,Jack W. Critser, deceased/last record owner,Johnathan Wayne Ward,the Unknown heirs, devisees and personal representatives of Jack W. Critser, and the United States of America Department of Justice,for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 13,namely, $189,896.63,plus the following amounts accruing after December 31,2014,to the date of judgment: (a) plus interest at the legal rate allowed on judgments after the date of judgment, (b)additional attorney's fees(if any)hereafter incurred; (c)costs of suit; and(d)any amounts expended for future taxes and insurance. OGARUBO&ARGENTIERI : J. , squire ey for JBA Plaintiff Dated: VERIFICATION I` i1 CL rY1- 1 r(,��-�,hereby certify that I am a C "-a DQ6U Generation Mortgage Company and am authorized to make this verification on Generation M o r t g a g e C o m p a n y's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief, based on review of business records during the normal course of business. This verification is made subject to the penalties of 18 Pa. C.S.§ 4904, relating to unsworn falsification to authorities. Nam Stpt � tY1 -T3'(,ir�- Tit Docket No. ------------ RGA File Number: 310-200 Defendant Name: Jack W. Critser = �` Property 116 N. 25`"Street Camp Hill, PA 17011 EXHIBIT "A" w FNA Caw No.446.14e191bUi tan Ne.111110111ILM WN:100i$4.1041204014 FIXED RATE NOTE HOME EQUITY CONVERSION CLOSED ENO Dote:October 24,2012 PropertyAddroas:116 N 29th St,Camp HILI,PA 17011-3600 1. DEFINITIONS ' Oaower Meana each person afgnieg at the and or dot&Note."London'means tntogratod Financial Group,Inc—and its successors and astfgns. 'Soaelay means the Seeretwy of Housing and Urban Development at hie or har o0orlr;ed representatives. 2. BORROWER'S PRONSE TO PAY;INTEREST In return for amounts to be advanced by lander.up to a maximum principal amount of THREE HUNDRED THIRTY OVEN THOUSAND FIVE HUNDRED AND N01100 {;1,7,600.00), to at for the bonafit of Borrowor under the terms of a dome Evily Converalon Loan Agreament doted Odabor 24,2012(Loan Agreemerrr'y,9otrOwer promise6 to pay to the order of Lander a principal amount equal to the sum or all Loan Advances made under the Loan Agreement with Intorost.At amounts advanced by Lander.phra Interest.it not paid earlier,are due and payable on September 10,2090.Interest will be charged an unpeld principal at the rate of FIVE AND 061i)1ona WOW(5.060%)par yaw well ids full amount of pilnelpal has been paid.Accrued interest shag be added to the principal balance q4 a Loan Advanaa at the end of each month, 3. PROMISE TO PAY SECURED Bonowar'6 premiss to pay Is soared by 0 mortgage,dead of trust or stmgar security Instrument that is doted the game date as INS Nota and called the Soctagy ineWmont.`That Security Instrument protects the Leader from tosses which might result If Borrower defoulls under this Note. 4. MANNER OF PAYMENT (A) Time 19orrowor shaft pay all outstanding Principal and accrued Interest to Lender upon recelpt of a notice by Lender roqutring Immediate psymont-In.fufl,as provided to Paragraph a of this Note. (a) Placa Poymunt shelf be Made at Integrated Financial Group,trio„121 Friends Lane,Sulto 101.302, Newtown,PA 10940 or at such other place as Lender may designate in writing by notioo to Borrows►. (C) LimitationofUablpty Borrower shelf have no personal flabilfty for payment of this Nota.Lender shelf enforce the debt only through sato of the Property covered by the Socurity Instrument rPropotly"),If the Note Is oaafgnod to the Secretary,the borrower shalt not be liable for any difference between the mortgage Inourance benefits paid to Lander and the outstanding tndabladnoss. Including accrued interest. owed by Borrower at the time of the assigemani. S. 8ORROWER'S WGHTTO PRIWAY A borrower hes the right to pay the debt evidenced by(his Note.in whole or in part without charge or ponalty.Any amount of debt prepaid will float bo applied to reduce the pdndpct balance or the Second riots desUbod In Pomgraph 10 of this Note and then to roduce the pdncipal balance of this Note. Ate prepayments of the prlrertpal balance end be applad by Lander as follows: ffta to that portion of the principal balance roprosanfkrg atfW"ato payments far mortgage Insurance promiuma: Q,to that portion of the principal balance reptosert tg aggregate payments for sorvicing loom TMrd_tothat portion of the principal balance representing accrued Intetom due under rho Note:and EqU&to the remaining potion of the principal bal4noo. 0. IMMEDIATE PAYMENT-IN-FULL {A) Doathor8ale Larder may require Irnmediate paymeM4r,fuO of all outstanding principal and accrued interest It. (1) A Borrower Was and the Property is not the principal rostdenco of at toast one sur*ing Bom war,or (9) All of a Barrowefs title In the Proparly,(or his or her bonalfclal intereat in o trust owning all or part of the Property)Is cold or otherwise trensfotrod and no otter BDtrawaf retains Unto to the Property to lot"Plo or retain$a toasohaid under a tease for not loss Asn 00 Yom whish is ronowable of a lose having a tomaining period of net lass than 00 years boyond the data of fie 1001h birthday of the youngest Borrower or uotains a life estate,(or retaining a beneficial Interest In a treat with such an Interest In the Property), FNA Cc"No.410.1g yg¢961 bps No. 7 Mat 1Q09S91Jaetiergre (e) Otheramunds Lander may mqulro krarhedoto Payment-1n-full of aq outstanding principal and accrued Interest,upon approval by an authorized representative of the Secretary.fE (1) Tito Propery Wages to be gra principal mcidenco of a Borrower for reasons other than douth end fie Properly is not the principal residence of of(east ono other Borrower, 0) For a period of longer than 12 consecutive months,a Borrower ties to physically acaupy the Properly because of physical or mental 111noss and the Property is not tho prindpel residence of at toaat one a9wr Borrower,or (9) An obligation of the Borrower andor the Security instrument is not parfamred. (C) Payment of Costo and P.xpemos It Lander has required Immediate paymentdrMull,ell descftd about+.the debt untamed through sate of the Propamay Include assts and expenses indudtng reasorwble and customary attorneys teoa for onfordogrtfr ins Note.SuCh tees and costa shag boar Interest frob the data of disbursement at iho samo rate as the principal of this Note. (D) TrusW Conveyance of a Sormwafe interest In the Property to a trust which moots the roqutromenta of gra Secretary,or oowayances of a trusCo Interests In the Poporly to a Borrawor,shall not be tonsldared a curnoyanar for purposes of this Paragraph.A trust shag not be considered an occupant or be ,considered as having a pth*ol roridenoo for purposes of We Paragraph. 7. WAIVE" Borrower waives Iha dgiNs of presentment and notion of dishonor.'Ptasontmenf means the right to require Lander to demand payment of amounts duo.`Notice of dishonor'means the dam to inquire Lander to give noft to other persons(hat amounts duo have not been paid. S. GIVING OP NOTICES Unlossapplicablo law requires a different method,any police that must be givan to Borrower under fits Moto will be glvon by delivering it or by mailing it by nkat close man to Burrower at(he property address abave or at a dilferord address If Bormwor has given lander a notice of Rommer's different address. Any notice Ilial must be ghrea to Loader under ft Moto viii to gluon by fust duo mag to Lander at the addrass stated In Paragraph 4(8)of al an different address it Uormwar Is given a nufto of that ditmM address. 9. OBI.=IDN8 OP PONON$UNDER THIS NOTE It mora than one person signs this Note,oath person Is fully abilptad to keep all of the promises made In Oft Note,LoKdst may enforce its r(Shlo under thlo Moto only through Sala of the Property, 10. RELATIONSHIP TO SECOND NOTE (A) 8ocond Note Because Borrower will bo required to repay amounts which the Secretary may matte to or on behotl of Burrower pursuant to Suction 265(i)(A)of the National Housing Act and the Loan Agreamont.tho secretary has required Borrower to grant a Second Nota to ilio Secretary. (B) Relationship of Soorotery PayraoMa to this Note Payrnants made by the Snraotory shall not be Included In gut debt due under Ws*10 unless: U) This Note to assigned to the Socrotary;of (B) Tho aacrawy accepts reimbursement by the Lander for oil payments mode by the Secretory. it the cimumetoncos doacdbad in(1)or(a)occur,than all payments by the Sacmtory.Indudinb interest an the paymonts,shat)be Included in the debt. (0) ElfeatonBomowor Whore Thom Is no asolgnment or reimbursement as dasedbod in(B)(I)or(6)and the 8oeralm makes payments to Borrower,then Borrower shag not, ill Be required to pay amauata +wad under this Nota unit! Ilio t3auetsry has requkod payment[n>fhdl of ail ou191atding principal and stinted interest under the t3econd Note.hold by t3ecratory,notwtt►stendtnp anything to fie oonbary In Paragraph 8 at fits Nate;or (ti) as obilgttod to pay tntnrost a shared appractation under this Note at any true,whether accrued Mforo or attar tla payments hY Nre Soaetary,and whether or not aoauad bhtorasf has bean Inctudod frr the prtrhdpol balance of tM Mold, notwllhatandtng anythtrhg to the crorrtrary In Paragraph 2 of tho No[e or c y Asante to gUs Nom. I� f I� � �� (Tl� •Wl��� fl �1 ��II .hpr7 Nwrl req I VNA CB�e No.4iA.t<tle9SLLYlt tool No.ttitittitt�bgr NAaL 1a0818Fra8110MSr� BY SIGMNd BELOW,Borrower aeoepla and agrees to Ow tom»and covonante contained to this Note. so,� o •Jack 1.Cdtsor� i I r I l !. [���110�g11q I�gl�Il�lgl��l�ll���q�a�l gas uuCoht. .1 Alt Cx s DIRECT ENDORSEMENT ALLONGE For purposes of further endorsement of the following described Mote,this A longe is affixed and becomes a permanent part of said note this 24th day of October,2012. LOAN#:X1437 SERV#: 446.1458986-951 Borrower(s): Jack W.Critser Propeity Address: 116 N 25th 34 Camp Hill,ISA 17011.3608 Principal glance: $337,800.00 Loan Date: October 24,2012 PAY TO THE ORDER OF Generation Mortgage Company 3665 Piedmont Road NE,Suite 300 Atlanta,Georgia 30305.1538 WITHOUT RECOURSE Company'Nama: Integrated financial Group,Inc. (Name) (Sl tu William Goodwin-Funding Analyst (Title) f K A L Ilse s ALL THAT CERTAIN piece, parcel and tract of land situate in the Borough of Camp Hill, Cumberland County, Commonwealth of Pen11 nsylvania, bounded and described as follows: ON The North by Lot Nilo. 46, Section "B" on Plan of Lots hereinafter mentioned; on the East by Locust Avenue; on the South by Lot No. 5l,Section "B"on Plan of Lots hereinafter mentioned;and on the West by King Alley. CONTAINING eighty'(80) feet in front of Locust Avenue and extending back an even width one hundred forty (140) feet to King A11ey aforesaid; and being Lots Nos. forty-seven (47), forty-eight (48), forty-nine (49), and fifty(50), Section"B"'on Plan of Lots laid out and adopted by Arthur R. Rupley and Caleb S. Brinton and known as Plan No. 2 First AAtion Borough of Camp Hill, said Plan being recorded in the Recorder's Office in and for Cumberland County at!Carlisle,Pennsylvania,in Plan Book 1,Page 5. is i' i. i EXHIBIT " C" . Lr V Notice of Due&.Pt? >at31e, «,u Ln L'! �~ May 16;2014 Er Poslayo :s 't _ Cortitied>✓ee f-�` The Estate of Jack.W.Critser »eturn»ecofpr Pea t'Gst o . (Endd_rsd'rnont Required) �'} Hate c/o.:Jack W.Critser Restricted Del(Vrary Fne .116,N.25.th Street t ::lEndcrSem znt iieir,uired) rrt Carrip Hili, PA 97019- rdtai i?oru stagty& e s j '.t ' c '50111 To 37 t_oan# 437 The Estate of Jack W. Cris 0 srrczr,Apt Estate of Jack: hrs, W.,:Critser ---- 171- or,'P oX �, C/o.Johnathan Ward 116 N 25tFi:st cry Sr'aie zr a., 116 R 25th Street Camp Hill,PA 17011-3608 Camphill, PA 170,11 .r, Dear Jack W Critser: Please accept our sincerest condolences on-the recent passing of Jack W.Critser. Generation,Mortgage;Company('!GMC") realizes these are.very.diffcult.times for everyone involved and we will do our.best to help.you get through this process. GMC is the lender-and servicer of'a Home Equity Conversion Mortgage('HECM'"),commonly referred to as a reverse mortgage,secured.bythe Subject Property. As such,,we are bound by specifiic guidelines mandated by the U-S. Department of Housing and Urban Development.("HUD")who insures this property and we must inforni of the options available.tosatisfy the Borrower`'-s reversemortgage. i When'the death of`a Borro1.wer occurs,the reverse mortgage:accelerates, becoming due and payable and is.placed in.a I default status.The Borrower's Estate must provide GMC with a letter outlining its intentions for the Subject Property,within 30 days from the.date of this letter. Additionally,HUD regulations require that the outstanding.balanee of$181,4.12.03 be. pard in=full within 30 days from the date of this letter.If the outstanding balance'on`the mortgage.is not paid.'in-full or the Subject Property'is._not sold within 30 days,we.are required.to initiate foreclosure proceedings.`Please note that you need to contact us to,obtain an updated payoff figure prior to submitting payoff funds. In order to avoid initial foreclosure proceedings,the following options are available to the Estate and will help in determining its intentions for the,,Subject Property: if the property is conveyed by will or operation of law to the Borrower's estate or heirs(including a surviving spouse who; is notobligated on the HECM),the party or parties may satisfy the HELM debt by paying'the lesser of the;mbrtga9e balance or 9$%of the Curren:t:ap.praised value of the.Subject Property. Upon receipt of this payment,GMC's:and HUD's mortgage liens will be released and no deficiency:judgment will betaken: Payoff of the HELM may be accomplished by the heirs"or Estate's:own'financial'means or by.applying for.a.loan with a financial institution of their choice to obtain financing to either purchase the Sub1ect Property or pay off the Subject Property's HECM with Generation Mortgage. Please note A reverse mortgage is nota transferrable loan. • You may sell the Subject Property as long as you legally have the rights to sell it as the Executor of the Estate and Probate has been completed • The Subject Property may also be eligible for a Deed-in-Lieu of Foreclosure,as long as clear title can be conveyed. Essentially,selecting this option avoids foreclosure by allowing the executor of the estate to deed the property back over to the investor of the loan-at no cost to the estate. In order to allow adequate time for the Estate to pursue one of the above options,there may be time extensions past the initial 30 day deadline to pay the loan in full. To obtain the initial extension,GMC must receive your Letter of Intent within the 30 days from the date of this letter,detailing the intentions with the property.If we do not receive the Letter of Intent within the 30 days,the foreclosure process will be initiated. Please also provide proof of executorship of the estate and a copy of the death certificate once these items become available. If you recently provided this information to us,it is not necessary to re-send the documents. Please note:If notification of death is received 6 or more months after the borrower's death,the loan is ineligible for a time extension. Should an extension be granted,GMC must receive status updates every 30 days during the extension period.Please note that interest,service fees,and mortgage insurance premiums(if applicable)will continue to accrue during any extension periods. Please be aware that HUD guidelines require that we obtain a full appraisal on the property within 30 days of notification. You may receive a phone call from our appraisal vendor in the coming weeks to attempt to schedule an appointment to visit the Subject Property. Again,please accept our sincere condolences. GMC will work hard to help make this business matter as easy as possible during this difficult time.Please call us at your earliest convenience to discuss which option you would like to pursue on this reverse mortgage loan. Please contact us toll free number at 1-866-733-6092 and we are available to assist you from 8:30a.m.to 5:30p.m.ET,Monday through Friday. Sincerely, Default Manager INSTRUCTIONS FOR THE ESTATE ON SATISFING REVERSE MORTGAGES As the Borrowers Estate,you have options available to you upon the death of your loved one.A reverse mortgage balance becomes due and payable on the date of death of the Borrower.Please review your options below and provide Generation Mortgage with a copy of Death Certificate,Letter of Intent(signed and dated),a copy of the Will and Probate Documents and any other documentation that may be applicable. Option 1.If the property is conveyed by will or operation of law to the Borrower's estate or heirs(including a surviving spouse who is not obligated on the Home Equity Conversion Mortgage(HECM)loan),the party or parties may satisfy the HECM debt by paying the lesser of the mortgage balance or 95%of the current appraised value of the property. You may do so through your own financial means or by applying for a loan with a financial institution of your choice to obtain financing to purchase the home to pay off the reverse mortgage loan with Generation Mortgage.A reverse mortgage is not a transferrable loan. Option :You may sell the home as long as you legally have the rights to sell it as the Executor of the Estate and Probate has been completed.Please check with the probate office in the county the property is located for further requirements. Options 3:We may also be able to consider a Deed-in-Lieu of Foreclosure,as long as clear title can be conveyed.A Deed in Lieu of Foreclosure is a deed instrument in which a mortgagor(i.e.the Borrower)conveys all interest in a real property to the mortgagee(i.e.the lender)to satisfy a loan that Is in default and avoid foreclosure proceedings. Once you have decided on one of the above options,you need to contact Generation Mortgage Loan Servicing Default Department immediately to discuss in detail. Please do not delay selecting an option and sending all requested documents to Generation Mortgage within 30 days of receipt of this letter.This is a time sensitive matter and your response and all documents requested are necessary to assist you with your options and help you with the process on a resolution to the Borrowers reverse mortgage. If you are receiving this information in error and are not the Executor of the Estate please provide below the information of the correct person we should contact or the Executor's Attorney In order to resolve this matter and return to us via fax at 866-790-6156.Thank you for your immediate attention to this matter. Name: Address: Phone: GENERATION MORTGAGE COMPANY SSSS PiedmontRoad,NE 3 Piedmont Center,Suite 300 Atlanta,GA 30305 HECM PAYOFF QUOTE LETTER May 16,2014 THIS LETTER IS TO SERVE AS A PAYOFF QUOTE ONLY. IT IS NOT TO BE USED AS A FINAL PAYOFF OF YOUR ACCOUNT AS A FULL AUDIT OF THE ACCOUNT IS REQUIRED PRIOR TO Jack W.Critser PROVIDING THE FINAL PAYOFF FIGURE. 116 N.25th Street Camp Hill,PA 17011- Re: Loan Number: X437 Investor Name:GNMA 116 N 25th St Camp Hill,PA 17011-3608 Payoff Quote Date as of- 6/16/14 Outstanding Balance: $180,236.40 Transactions from: 5/1/14 - 6/16/14 $(360.00) Interest from: 5/1/14 - 6/16/14 $1,159.83 MIP from: 5/1/14 - 6/16/14 $375.80 Service Fee: $0.00 Miscellaneous Fees: $0.00 Unreimbursed Fee: $0.00 Total Payoff Quote as of: $181,412.03* *Includes Legal Expenses totaling: $0.00 If a final payoff/demand for payoff is needed,please fax a request with the estimated date of loan payoff to Loan servicing at 1-877-955-7778 and allow two business days for processing. Please feel free to contact us at our toll free number 1-866.733-6092 or toll free fax number 1-877-955-7778 if you should have any questions. Regards, Loan Servicing Department Generation Mortgage Company GENERATION MORTGAGE COMPANY 3565 Plodmont Road.NE 3 Plodmont Conto,Sulto 300 Atlanta,GA 30305 PAYOFF QUOTE Loan Number: 1437 Borrower Name: Jack W.Critser Property Address: 116 N 25th St Camp Hill,PA 17011-3608 Previous Rate Current Rate 5.060% 5.060% Loan Balance: $180,236.40 $180,822.59 Current Transactions: $(360.00) $0.00 Interest on Loan Balance, $758.75 $401.08 Including Transactions: MIP on Loan Balance, $187,44 $188.36 Including Transactions: Service Fee: $0.00 Inspection Fee: $0.00 Miscellaneous Fees: $0.00 Unreimbursed Fee: SO.00 Total Payoff Quote: 5181,412.03 Payoff Quote Good Through: 6/16114 a GENERATION MORTGAGE COMPANY 3565 Piedmont Road.NE 3 Piedmont Center,Suite 300 Atlanta,GA 30305 DEATH NOTICE TO HUD DATE OF NOTICE: May 16,2014 DATE OF DEATH: April 27,2014 CASE NUMBER: 4461458986951 BORROWER NAME: Jack W.Critser PROPERTY ADDRESS: 116 N 25th St Camp Hill,PA 17011-3608 This information is in reference to our borrower Jack W.Critser whose death occurred on April 27,2014. Please accept this as a written death notification. If you require additional information please contact Loan Servicing at 1-866-733-6092. Sincerely, Default Administrator Generation Mortgage Company EXHIBIT "D" 0 GENERATION MORTGAGE COMPANY 3$GS Pladmont Road;NE 3 Plodmont tontor.3Ultvloo Atlanta,GA 30305 C.VRTIFIDA 1.I.M.L RETIJRlN RECEIPT a* August 12,.2014 ru h J f v The Estate of;Jack Wd C.ritserLn n 11.61\7 250h St y Ce,i edlFLO C/o Jollnathan.Wa ne Ward u I { 1701 Gatri frilPA1. ca t= ~ p ,PC! fieiarr Receipt Y w Hedy (Er d rs2m�rP'fi Qurr J _� arsiricia!E3'"r✓cry S as `tcrxS�irsenr�nt ric�ulTcsl} rY1 I Pta m&Fttlr II Re: "otiee jjf—D fault intent ti?�..c�L=I-m: ru Porramver: Jack W.Critser,Deceased ° C � ._a_r . Property: 116N 25tli.St:'Camp I-lill,,.PA 17011-308 asa Pr Loan No: �4�i37 orF09axho J� „ .n ;i. Dear Johnathan Wayrie Ward: This.letter will.serve.as notice that certain events of default liave occurred pursuant to the Deed to Secure Debt;: Secured Promissory"Note,and.rclated loan,documents associated writii the above referenced`Loan Number and Property address(hereinafter collectively,referred to as the—"Loan—Documents"')executed by:Jack W Critser.on 10124!2012 in..favor of Generation Mortgage Company("Gerierlltion'),_ In.prior riot coinri unicatio.n,pursuant to I'aragrapb.9 of the Security lnsteument,Generation:Mortgage Company declared. the entire:outstanding principal balance of the Secured Promissory Note to be immediately due and payable and has received no.reponse. As such,:thls.J.etter will.servci as notice of Generation,Moi1gal e Company's-intent to fo.reolose on the Property pursuant to the temts of the Loan Documents. Very.trul rs, onya M.Tr it'. Servicing.Manager-Defaults '�. i . . ;, . � � . 1 (, • �' j. I. j i. 1: �. �. �. ' �� i. �. I: I: . . � !� li I� -� �. :li .. � .. ;. .. � � �� I� • �. �. i' I: 1 i ,ti SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson r.�'j � Sheriff ^~_' THE. ROTHONO'/. .' Jody S Smith Chie/��uty Richard W Stewart Solicitor 7015 °"U /5 PN. 3: | ° CUMpERiAND[DUN-`.' CIFFICE OF 11-4E V4ERIFF PENNSYLVANIA Generation Mortgage Company vs. Jack W Crister deceased/last record owner, do Johnathan Wayne Ward (et al.) Case Number 2015-2 SHERIFF'S RETURN OF SERVICE 0105/2015 07:05 PM - Deputy Jaie DiMartilebeing duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jonathan Wayne Ward at 16 Scarsdale Dr, Lower Allen, Camp Hill, PA 17011. �O ��x� DIMARTILE, DEPUTY � 0105/2015 07:05 PM - Deputy Jai DiMartile, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Johnathan Ward, who accepted as "Adult Person in Charge" for Jack W Crister deceased/last record owner, do Johnathan Wayne Ward at 16 Scarsdale Drive, Lower Allen, Camp Hill, PA 17011. IE DIMARTILE, DEPUTY 0105/2015 07:05 PM - Deputy Jaie DiMartilebeing duly according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Prograomplai in ng a true copy to a person representing themselves to be Jonathan Wayne Ward, who accepted as "Adult Person in Charge" for Unknown Heirs, devises and personal representatives of Jack W. Crister at 16 Scarsdale Drive, Lower Allen, Camp Hill, PA 17011. VdCh3 N IE DIMARTIL DEPUTY � SHERIFF COST: $77.25 SO ANSWERS, January 06, 2015 (c) CnlySuile Sherif', Teleosoft, Inc. RONNYRANDERSON, SHERIFF