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Home My WebLink About06-3604PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 136422 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER A/K/A PATRICIA L. KOHAN 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 Plaintiff Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oto - "/ L) C-Ra CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File# 136429 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. File #'. 136422 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER A/K/A PATRICIA L. KOHAN 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/12/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1857, Page: 3928. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 136,422 6. The following amounts are due on the mortgage: Principal Balance $128,818.93 Interest 3,060.00 12/01/2005 through 06/22/2006 (Per Diem $15.00) Attorney's Fees 850.00 Cumulative Late Charges 680.71 03/12/2004 to 06/22/2006 Cost of Suit and Title Search $ 750.00 Subtotal $ 134,159.64 Escrow Credit -609.20 Deficit 0.00 Subtotal $- 609.20 TOTAL $ 133,550.44 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 133,550.44, together with interest from 06/22/2006 at the rate of $15.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLBQAN & S/CHHQMIIEEG, LLLP r A..? ? By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File- 136422 LEGAL DESCRIPTION All gat mdpin PNMI of *W skmW In pa BMW41t of "A SPdoga. Count ofCwobadwW. and Slab a(Ponneyiank, bait bawn and d"lgaabd "baowa: Begiv" at an a 506ol VA" a G&Atwnm O dedit W fOd ofamy Me of L" Or". taWry a rafts af213AS faeL a do "maps 41 aaroWa Eaatbl an ax t dig aloa9lali57,1fou0116ta 490.91 feet b a abel PUK Waaoo ft dhbnq 9=2816at b a sbol Pip dolls" 48 minutia 39 won" vvm ScuOanun"t ded1coW %m ofway beg N. an pow of agaMarof tab a30 am 031 an w wrbodn0 in and along be A?yy B)ohn. by an are of curve in tho tan 1 Nat ea a bea ft Narlh 02 d"Mas 27 111.93 teal to ah Iron pit On laid deOMW m the L01wty Wire fthtof way and nilaba 23 aaoanfa Eaa for a datenoe of eea 1 Moab 50 saednds MftL for ¦ 9tllae eldsWing along Lot 40. Noah 29 sae of 432.21 bat 1o a alas pin W on the rty ad", tall paid MAN" tba View of C MW 06V 1.4190 4=, and beieg daalyabd as Lot 9a1 m a filet plan of Wbdmai n t L buyW006 PWW" fW UbWW Aeaotbl" by Wallet N. NeaM Aeaoelaua, IM dared 0e0201br 0.1999 aW 00ar40d fn the Oft b at the Floww of0eWs in aW Wr Cumberland CO". Pon wAmW, in Pfau Boob 04, W Page 90A Ta'nk' 29-352919-074 File N: 136422 FRANCIS S. HALLMAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: r? ) ?? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff W ?r c f4) G? CI1 w} _a n5 ?. C. ii IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff Case No.: 06-3604 Civil Term VS. MARK W. McALISTER a/k/a MARK KOHAN and PATRICIA L. McALISTER a/k/a/ PATRICIA L. KOHAN, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff s claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $5,850.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff s complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourilq ,j Jr., Esquir6 P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief rank E. Youric , J . squire Attorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 13th day of July, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Yourick, " Attorney for Defendanl P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 1? ?? {? _ `?:? ___ _ . _? . - _ ?._ i ?r 71 '?' C_9 ti PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation 500 Enterprise Road Suite 150 Horsham, PA 190440969 Plaintiff VS. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patircia L. Kohan 34 LIberty Drive Mount Holly Springs, PA 17065 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3604 Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants have admitted that the mortgage is in arrears in paragraph two (2) of their Answer. Therefore, summary judgment is appropriate as is further addressed in Plaintiffs attached Brief. 4. Defendants, Mark W. McAlister A/K/A Mark Kohan and Patricia L. McAlister A/K/A Patircia L. Kohan, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. Pennsylvania Rule of Civil Procedure 1029 provides that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. 6. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint. In their Answer, Defendants failed to deny the default, amounts due, mortgage and Plaintiffs compliance with Act 6 of 1974 and Act 91 of 1983, therefore they are deemed to have admitted all allegations of Plaintiff s Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 8. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1857, Page 3928, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. 9. The Mortgage has been assigned to Plaintiff and has been sent for recording. A true and correct copy of the Assignment to Plaintiff is attached hereto, made part hereof, and marked as Exhibit A2. 10. The Mortgage is due for the January 1, 2006 payment, a period in excess of seven months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 11. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the letters are attached hereto, made part hereof, and marked Exhibit E. 12. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit- counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof, and marked Exhibit E. 13. In their Answer, Defendants have alleged that the amount necessary to cure the arrears is $5,850.00, which should be paid within ninety (90) days. Defendants are incorrect and have produced no proof in support of their allegations. 14. Plaintiff provided Defendants with a reinstatement quote on August 14, 2006, but Defendant has failed to cure their arrears. The amount necessary to bring the Mortgage current through August 31, 2006 is $9,764.26. A true and correct copy of Plaintiffs reinstatement quote is attached hereto, made part hereof, and marked as Exhibit F. 15. Defendant's allegations are not a defense to the foreclosure action. Defendant has the right to reinstate and / or payoff the loan up until one hour before a scheduled Sheriffs Sale. 16. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Date: ?J LA 1.1Z Respectfully submitted, PHEL HALLINAN & SCHMIEG, LLP Jenine R. avey, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCH VUEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 am efi'-2nnn GMAC Mortgage Corporation 500 Enterprise Road Suite 150 Horsham, PA 19044-0969 Plaintiff vs. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan 34 LIberty Drive Mount Holly Springs, PA 17065 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3604 PLAINTIFF'S RRYEF IN SUPPORT OF ffS MOTION FOR SUMMARY MIDGMFNT L DEFFNnANTS' n .FAITIN UNDER THE MORTGAGE. On March 12, 2004 Defendants, Mark W. McAlister A/K/A Mark Kohan and Patricia L. McAlister A/K/A Paticia L. Kohan, executed a Promissory Note in favor of Plaintiffs predecessor in interest, Mortgage Electronic Registration Systems, Inc., As Nominee for Mortgage Investors Corporation, in the principal sum of $132,600.00, this sum being payable in equal, consecutive, monthly installments of principal and interest of approximately $652.32. On the same date, Defendants made, executed and delivered a Mortgage on the property at 34 Liberty Drive, Mount Holly Springs, PA 17065 (hereinafter the "Property"), as collateral for the Promissory Note. The Mortgage has been assigned to Plaintiff, as is addressed in Plaintiffs attached Motion. Defendants defaulted under the Mortgage and Note by failing to make payments due January 1, 2006 and each month thereafter. By the express terms of the Mortgage, upon default in such payments for a period of one month, the entire debt is immediately collectible. On March 6, 2006, due to Defendants' default, Plaintiff mailed Defendants notice of its intention to foreclose on the Mortgage by mail to Defendants at their last known address. Defendants, however, failed to cure the default. Taste and correct copies of the notices are attached hereto, incorporated herein by reference, and marked as Exhibit E. Because Defendants failed to take the necessary affirmative steps to cure the delinquency, Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses. Accordingly, the present action was filed on June 26, 2006. To date, Defendants have not brought the account current. H. Pi,AiNTiFF IS ENTITLED TO SUMMARY -HID M`FNT AS A MATTER OF LAW Summary judgment is a means to "eliminate the waste of time and resources of both litigants and the courts in cases where a trial would be a useless formality." Liles Y. Balmer, 389 Pa.Super. 451, 567 A.2d 691 (1989); First v 7em 7em Temn*le, 454 Pa.Super. 548, 551, 686 A.2d 18, 20 (1996). A Motion for Summary Judgment shall be granted if the documents of record show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Pa.R.C.P. 1035.2(1); Allen v Merriweather, 413 Pa.Super. 410, 411, 605 A.2d 424 (1992); Reasel v_ New Rlvd Raking Co inn, 410 Pa.Super. 591, 593, 600 A.2d 610 (1991). The moving party bears the burden of demonstrating clearly that there is no genuine issue of triable fact. Driscoll v Cari=terc District Counsel of W stem Pennsylvania, 370 Pa.Super. 295, 536 A.2d 412 (1988); affirmed, 525 Pa. 205, 579 A.2d 863 (1990); Allen, 413 Pa.Super. at 411; Bessel, 410 Pa.Super. at 594; Hower v Whitmark Assoc , 371 Pa.Super. 443, 381 A.2d 524 (1988); Romah v_ Hygienic Sanitation Cm, 705 A.2d 841, 848 (Pa.Super. 1997). In response, the nonmoving party may not rest upon the pleadings, but must set forth specific facts demonstrating a genuine issue for trial. Phaff v_ Gerner, 451 Pa. 146, 303 A.2d 826 (1973); DAjni v Dennis, 431 Pa.Super. 366, 370, 636 A.2d 1130, 1132. Rule 1029(b) of the Pennsylvania Rules of Civil Procedure specifically provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivision (c) and (e) of this rule, shall have the effect of an admission. Plaintiff submits that, in the Answer, Defendants have effectively admitted every allegation of the Complaint. Since Defendants have failed to deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage, respectively, Defendants' are deemed to have admitted the default and amounts due. The Pennsylvania Superior Court has held that, in order to raise a genuine issue of fact, defendants may not rest on the pleadings, but must sustain the burden of presenting facts to counter Plaintiffs averments. New York Guardian Mortgage v. Dietzel, 524 A.2d 951 (Pa. Super. 1987). Washington Federal Savings and Loan Association v Stein 515 A.2d 980 (Pa. Super. 1986). A party will not be able to rely on 1029(c) and be excused from answering averments based on a lack of information where that party has sufficient information at its disposal to answer such allegations. Cotnmw. by Preate v Rainhow Ass fates, 138 Pa. Commw. 56, 587 A.2d 357, 358 (1991). Therefore, if defendant mortgagors do not plead specific facts in response to the allegations in the Complaint regarding the default and the amount due, the defendants are deemed to have admitted the allegations, and summaryjudgment for the mortgage company is proper. First Wisconsin Trust Co v Strauss r, Supra. Defendants have alleged that the amount necessary to cure the arrears is $5,850.00. Defendants are incorrect and have produced no proof in support of the allegations. Plaintiff provided Defendants with a reinstatement quote and a payoff figure on August 14, 2006, but Defendants have failed to cure her arrears and / or payoff her loan. The amount necessary to bring the Mortgage current through August 31, 2006 was $9,764.26. A true and correct copy of Plaintiffs reinstatement quote is attached hereto, made part hereof, and marked as Exhibit F. Defendants have the right to reinstate or payoff the mortgage loan up until one hour before Sheriffs Sale therefore these allegations are not a defense to the foreclosure. A review of the pleadings as a whole in the instant case reveals that Defendants have failed to sustain her burden of presenting facts, which contradict the elements of Plaintiffs claim. Defendants' have admitted allegations of Plaintiffs Complaint therefore summary judgment in favor of Plaintiff is warranted. EEL SI11V MARY DIDGMFNT IS APPROPRiATF STNCE DEFENDANTS ADMiTTF,D THE. DEFAULT In paragraph two of their Answer to the Complaint, Defendants specifically admitted that the mortgage is in arrears. The Pennsylvania Superior Court has held that summary judgment is appropriate in a mortgage foreclosure action when the mortgagor admits he is delinquent in mortgage payments. Cunningham Y. McWilliams, 714 A.2d 1054 (1998). New York Guardian Mortgage Corp v Dietzel, 362 Pa. Super. 426, 524 A.2d 951, 952 (1987). 22 Standard Pennsylvania Practice 2d § 121:69 (1995). In addition, the Superior Court has held that the fact that the mortgagor never admitted the amount of the indebtedness does not prevent the entry of summary judgment in mortgage foreclosure. Landau v Western Pennsylvania National Rank, 445 Pa. 217,282 A.2d 335 (1971); Citicup_Mortgage, Inc v Morrisville Hampton Village Redly Ltd Partnership, 443 Pa.Super. 595, 601, 662 A.2d 1120, 1123 (1995). Pennsylvania law requires that a foreclosure judgment be entered for a sum certain Landau y Western Pennsylvania National Rank_ 445 Pa. 217,282 A.2d 335,340 (1971). Chase Home. Mortgage v Coed, 370 Pa.Super. 570, 537 A.2d 22 (1988). Nevertheless, an action in mortgage foreclosure is strictly an in rem proceeding. Dietzel, 524 A.2d 951, 953. The purpose of a judgment in mortgage foreclosure is solely to effect a judicial sale of the mortgaged property. Dietzel, 524 A.2d 951, 953. Mero Really Co Y. Bums, 414 Pa. 495, 200 A.2d 869 (1964). Accordingly, the amount of the foreclosure judgment is irrelevant to Defendants. If Defendants reinstate or pay off the loan, they will pay the actual amount due on the loan as of the date of the reinstatement or payoff, not the judgment amount. The dollar amount in the judgment is only used in the rare circumstance of a third party bidder purchasing the property at sheriff sale. A third party bidder is usually a real estate investor. In this situation, the Sheriff pays the mortgagee the amount of the in rem judgment instead of deeding the property to the mortgagee. Mortgagors do not bid on the property at Sheriffs Sale. Rather, if a mortgagor wants to save his property, he will reinstate or pay off his loan. Therefore, since the dollar amount of the in rem judgment has no effect on mortgagors, the Pennsylvania Supreme Court has decided that summary judgment is appropriate when a mortgagor admits his default, even if he does not admit the amount due on the loan. 1 andan v Western Pennsylvania Nations Bank, 445 Pa. 217,282 A.2d 335, 340 (1971). Since Defendants admitted her default in the within case, summary judgment for Plaintiff is appropriate. A denial of summary judgment would mean listing this case for trial, in a court system, which is already overburdened with an excess of trials. Furthermore, a trial would be a useless formality since Defendants admitted her default and she does not know how much money she owes on the loan. IV, AMOJ)NTOF'J'HN: IN HN:M .11 JIJt.MFJNJ The within case is a mortgage foreclosure action, the sole purpose of which is to take the Defendants' mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v_ Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v Bahuscin, 257 Pa. Super 101, 109,390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is only for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff, while the third party purchaser would obtain a deed to the property. Accordingly, the amount of the in rem judgment has no bearing or impact on the Defendants. V. ATTORNFY FFFS AND COSTS ARF. REASONABLE As to the attorney fees recited in paragraph six of the Complaint, it should be noted that paragraph twenty-two of the Mortgage clearly indicates that Defendants are liable for an attorney fee, costs of suit, and costs of title evidence if Defendants default on the loan. The attorney fee claimed in Plaintiffs complaint is less than five percent of the principal balance due on the loan. When Plaintiff was preparing its foreclosure Complaint, it could not know how much the attorney fees and costs would be upon completion of the foreclosure action. Plaintiff could not know whether the Defendants would contest the case and, if so, how extensively. Accordingly, Plaintiff used Pennsylvania case law as a guide. Attorney fees are enforced in order to compensate the Plaintiff for the reasonable and necessary expenses of collection. The Superior Court has held that it is inequitable for a mortgagee to expend sums of money for attorney fees in order to collect sums owed to him. Fmtgate Enterprises, Inc v Bank and Trust Company of Old York Road, 236 Pa.Super. 503, 345 A.2d 279 (1975). As a general rule, attorney fees, which are reasonable, will be permitted by the Court. A requested fee of five percent of the outstanding principal balance has been granted by the Court. Pennsylvania Courts have long and repeatedly concluded that such a 5% provision is reasonable and enforceable. Rahinsnn v Loomis, 51 Pa. 78 (1865); First Federal Caving and 1 nan Association v Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). It is important to note that the attorney fees called for in the Mortgage are owned by the mortgagee, not the attorney. They are not limited to the actual attorney fees but cover also the extra charges made necessary because the mortgagor failed to meet his obligation. Inc., 196 Pa.Super. 155, 173 A.2d 703 (1961); Harper v Consolidated Ruhher Co-, 284 Pa. 444, 131 A. 356 (1925). In Federal Land Rank of Baltimore v_ Feiner, the Superior Court held that an attorney fee of 10% of the original loan amount was not unconscionable. 410 A.2d 344 (Pa.Super. 1979). Recently, the Superior Court cited Feiner in confirming that an attorney fee of ten percent included in the judgment in a mortgage foreclosure action was reasonable. Citicorp v Morrisville Hampton Realfv, 662 A.2d 1120 (Pa.Super. 1995). Importantly, Plaintiff clearly outlined how Defendants could avoid paying Plaintiffs attorney fees in the Notice of Intention to Foreclose Mortgage, which was mailed to Defendants. Defendants, however, failed to take the necessary affirmative steps to cure the delinquency, but rather have opted to litigate, which has resulted in more attorney fees. Additionally, Plaintiff submits that the amount demanded for costs of suit and title search in Plaintiffs Complaint is neither excessive nor unreasonable. Moreover, the reasonableness of attorney fees does not create a genuine issue of material fact, which precludes the entry of summary judgment. First National Rank and Trust Co of Newton v Enrico 40 D&C 3d 228 (1985). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney fees and costs as it deems reasonable. Therefore, there is no issue of material fact regarding attorney fees. VI, PLAINTIFF'S MORTGAGE FORECLOSURE ACTION DOES NOT COME UNDER ACT 6 OF 1974 As averred in paragraph nine of the Complaint, the notice provisions of Act 6 of 1974 do not apply to this case. Section 403(a) states: Before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, commence any legal action including mortgage foreclosure to recover under such obligation ... such person shall give the residential mortgage debtor notice of such intention at least thirty days in advance as provided in this section. (emphasis added.) 41 P.S. §403(a). Section 403(a) applies only to residential mortgages. Section 101 defines a residential mortgage as, "an obligation to pay a sum of money in an original bona fide principal amount of fifty thousand dollars ($50,000) or less ...". The Act 6 notice provision (§403) does not apply to the within case because the original loan amount exceeded $50,000.00. See Anderson Contracting Company v Daugherty, 417 A.2d 1227 (Pa.Super. 1979). Nevertheless, it should be noted that Plaintiff sent Defendants notice of its intention to foreclose on the Mortgage, which outlined the necessary steps Defendants should take to avoid foreclosure. True and correct copies of the Notice of Intention to Foreclose Mortgage letters are attached hereto, incorporated herein by reference, and marked as Exhibit E. Because Defendants failed to take the necessary affirmative steps to bring the loan current, Plaintiff had no alternative but to commence foreclosure proceedings. VII, THE TFMPORARY STAY AS PR(IVIDFD RV THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ACT 91 OF 19R3. HAS TERMINATED The Temporary Stay pursuant to Act 91 of 1983 has terminated due to Defendants' failure to meet with Plaintiff or an authorized credit counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 are attached hereto, incorporated herein by reference and marked as Exhibit E. Act 91 of 1983 requires that notice be sent by the mortgagee to the delinquent mortgagor by first class mail addressed to his last known address. 35 P.S. § 1680.403c(a). The statute specifically provides that notice pursuant to the statute shall be deemed received on the third business day following the date of the mailing of the same. 35 P.S. § 1680.403c(e). The letter contained the name, address and telephone number of Plaintiffs representative, whom Defendants could have contacted to discuss the delinquency and the possibility of qualifying for emergency mortgage assistance. Notwithstanding the receipt of this information, Defendants failed to take action that would have resulted in a temporary stay of the proceedings. Because the homeowners failed to meet with an approved consumer credit counseling agency and file an application within the period specified, and failed to meet other time limitations under Act 91, the temporary stay under Act 91 of 1983 has expired. Plaintiff, therefore, has properly complied with Act 91 and is permitted to proceed with its foreclosure action. Additionally, Plaintiff submits that the Pennsylvania Housing Finance Agency would now consider the homeowners ineligible for assistance due to Defendants' failure to satisfy the procedural time requirements of Act 91 of 1983. VIII, CONCLUSION The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. In making its determination, the Court must accept as true all properly pleaded facts, as well as all reasonable inferences, which might be drawn from them. Thompson v Nason, 379 Pa.Super, 115, 535 A.2d 1177 (1988), affirmed, 527 Pa.330, 591 A.2d 703 (1991). The Court must restrict its review to material filed in support of and in opposition to the Motion for Summary Judgment, and to uncontroverted allegations in the pleadings. Pa.R.C.P.1035. Over v Kass, 382 Pa.Super. 108, 545 A.2d 970 (1989). Plaintiff submits that it has demonstrated sufficient facts to warrant summary judgment in its favor. Defendants executed the Mortgage knowing that they would be responsible for the payments. Plaintiff has provided an affidavit that Defendant is in default and set forth the amount owed by Defendant. Defendant has been deemed to admit that the mortgage is in arrears. Therefore, Plaintiff maintains that it has produced sufficient evidence to establish a prima facie case for mortgage foreclosure. Phaf1 j supra. Defendants have failed to sustain their burden of presenting facts, which would contradict the elements of Plaintiffs claim. Plaintiff respectfully submits that the allegations of the Complaint are, in fact, uncontroverted. Defendants have had use of the Property rent-free at Plaintiffs expense long enough. Defendants' Answer has been interposed for the purpose of delay only. Plaintiff requests that its Motion be granted so that it can recover the unjust financial losses it has incurred to date. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due with interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, AN H ALLN N & SCHMIEG, LLP R. Davey, Esquire Attomey for Plaintiff l EXHIBIT A 1 0'il? 1" .I ? 17 Prepared By: Kyle Hartman 6090 Central Avenue, St. Petersburg, TL 33707 Return To: 036) '? 5x19=e5`?- 3 Service Link L.P. 4400 Industrial Boulevard Aliquippa, PA 15001 800a439e5451 41106-a 8 Parcel Number. 23-35-23-2316-076 Above TAB Lim For Reeorftll MORTGAGE MIN 100073345001701738 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) 'Security Instrumest" means this document, which is datedMareh le 2004 - together with all Riders to this document. d (B) "Borrower" is Mark W, McAlister , Patricia L. Mehlister;"husband and wife Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is aping solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint M148501-2026, tel. (888) 679-MERS. 450017 PENNSYLVANIA - Single Family - Fannie MaelFroddle Mae UNIFORM INSTRUMENT WITH MERS Form 3639 1141 -611(PA)(0209) /J/J Pre 1 M 16 MOM IWAW VMP MORTGAGE F0RM3 - (900)521.72t1 8K { 857PG3928 (D) "Lender" is WRTt3AGE INVESTORS CORPORATION Lender is a corporation organized and existing under the laws of Ohio Lender's address is 6090 CENTRAL AVENUE, ST. PETERSSM, M 33701 (E) "Note" means the promissory note signed by Borrower and datedttarch 12, 2004 The Note states that Borrower owes Lender one hundred thirty-two thousand six hUndrsd and 00/100 Dollars (U.S. $132,600 . do ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2034` (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loss" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): Adjustable Rate Rider Condominium Rider 0 Second Home Rider Balloon Rider Planned Unit Development Rider 0 1.4 Family Rider ® VA Rider El Biweekly Payment Rider other(s) (specify) (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (1Q "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an alectronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale tnualars, automatad taller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means arose items that are described in Section 3. (M) 'Miscellaseous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any punt of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) 'Ttortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodle Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 450017 wig.: ®-6 B(PA) rarest r s. x 016 Form Ml 1101 • QV I RS7prggg4 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any Party that has taken title to the Property, whether or not that parry has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements vender this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the county [Type of ltsomi ng Ifaisdictiml of Cuatberland [Nfwe of Rftordint Jfxisdictionl: SEE EXHIBIT A ATTACHED AND td11DE PART HEREOF. which currently has the address of 34 Liberty Drive Mount Holly Springs ("Property Address"): / [Str6etl Icpyl, Pennsylvania 17065 [zip cock( TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 450017 BIPA I (0206) thro a of +6 x6wn: ? ®e< Form rst 7079 1101 au i ASM,3930 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay Raids for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any chock or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lader may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fonts, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check treasure's check or cashier's check, provided any such chock is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Furls Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower don not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due wider the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it becane due. Any remaining amounns shall be applied first to late charges, second to any other amounts dux under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 650017 MiubIC V/W 4k.68tPAI roroe? hr.4 04 Is Form 7099 1101 tun 1 ar7Pr 'tg41 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess nay be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Nate. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shell not extend or postpone the due date, or flange the amount, of the Periodic Payments. 3. Faads for Escrow items. Borrower shall pay to Lander on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which an attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if arty; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items we called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dims, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lads all notices of amounts to be paid under this Section. Borrower shall pay Larder the Furls for Escrow Item unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Item at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item Leader may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow [tares at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lads to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader an require under RESPA. Lender shall estimate the amout of Funds due on the basis of current flan and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender an agree in writing, however, that interest 450017 w0 CL48^) (0204) res. s a se m Form 3030 1101 rnr 1 0 S7PrIgI? shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall socount to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amourit necessary to make up the deficiency in accordance with RESPA, but in no more then 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender stall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions attributable to the Property which can attain priority over this Security Instrument, hmsehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow items, Borrower shall pay them in the manmer provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender nay require Borrower to pay a one-time large for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lander requires insurance. This insurance shalt be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall no be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood none determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in eomection with the review of any flood zone determination resulting from an objection by Borrower. 450017 /,pJ&/µ 40.09(PAI m2mi r.s.c e? re Form 3039 1101 rut t or,'lorigll If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall became additional debt of Borrower secured by this Security Instrument. These amounts shall bar intrust at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting paymeaL All insurance policies required by Lefler and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and stall name Lender as mortgagee and/or as an additional leas payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid Premium and renewal notices. If Borrower obtains any form of insurance coverage, not odrawise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage doers and shall name Lender as mortgagee and/or its an additional loss pays. In the event of less, Borrower shall give prompt notice to the insurance carrier and Iowa. Lefler may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection dull be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shell be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available inwratce claim and related matters. If Borrower does not respond within 30 days to a notice from Lander that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid wrier the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premium paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 650017 mnwr. mwM ®48(PA) (22061 Pap? of ro form 3039 Wet e nit n oc:,7or000Im 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lander (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest In the Property and Rights Under this Security lnatrumeaL If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) time is a legal proceeding that might significantly affect Lender's interest in the property ardor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or tights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 450017 I;fl?"„/* ®d8(PAI tetesr rsa .+ ra Form 3039 1101 • nu 1 AC-7nr,7o,)c Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage insurance coverage required by Lender ceases to be available from the mortgage insures that previously provided such insurance and Borrower was required to crake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be ran-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in efl'at, or to provide a tan-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in fora from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fads that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 450017 /,,/M ®40(PA) nomq Pg. 9.1 16 Pomn 1010 1101 0 .,.. • ^ C- -1 rtr 1) n ') a (b) Any such agreements will not affect the rights Borrower has if say - with raped to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, sod/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of loch cancellation or termination. IL Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress psyments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower my interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums scoured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscel armous Prooe ds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the suns secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in vane divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value' is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Irstrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Leader within 30 days after the date the notice is given, Lander is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sears secured by this Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Landers judgment, could result in forfeiture of the Property or other material impairment of L.edees interest in the Property or rights under this Security Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 450017 MMiM? CL3e(i'A) rennet rpo,o of a Foist 3039 1101 .,,, r r%C7 nr,) D'!7 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lendee s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the suns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint sad Several Liability; Co-signers; Successors and Assigns Bound Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums seamed by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shaft be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising our of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 450017 / Mawr. ®4e(rAt N=oat Prpr er r a 14 Form 3019 1101 0 no s nr -i nr•t n")o have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's charge of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated heroin unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sevembility; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a fin re date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lenndees prior written consent, Lender may require immediate payment in full of all sure secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Relastote After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 450017 IaitlMt (M4B(PA) pros) Pp. lr el is Form 3039 1101 «... nr-?nnnnnfl agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Serviter") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loon Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Eniironmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 650017 ft'M /WAW ® 4a(PA) to2o6l P.o. u 014 Form 3079 1101 0 _,..,. "nr,nnt.n Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affaxing the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally, recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or tower party involving the Pr and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediatlon of any hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lowder shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement to this Security Instrument (bat not prior to acceleration under Section 18 union Applicable Law provides otherwise} Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to are the defaak as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Leader shall further inform Borrower of the right to reinstate after acceleration and the right to assert to the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Leader shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of Chit evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums seemed by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay xry recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only, if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waiven. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period Borrower's time to reinstate provided in Section 19 shell extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage If any of the debt secured by this Security Instrument is tent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an anion of mortgage foreclosure shall be the rate payable from time to time under the Note. 450027 P y?kvoi MpiW: ,I( ®-66(PA) axocu v.r. f. a rs Form 3039 1101 0 . # r AC'I OC4 QIt I BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: D >per (Seal) .Borrower e - (Seal) Mark K. Mo111iater Borrows I SOW) Patricia L. HeLliatar -Borrower (seal) -Bortowu _ (Seel) -Borrower - (Seel) -BCnpwer _ (sew) (sew) .Borrower -Barowa 450017 -6B(PA) woc Ppe is 0l is Form 7039 1101 • _..- nr--7 rlron1.1) EXHIBIT Al VA Case No. 10-10-6-0560115 ADJUSTABLE RATE NOTE (1 Year Traauhry Irdea - Rau Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CRAMGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. T1418 NOTE LIMRD THE AMOUNT MY INTEREST RATE CAN CHANCE AT ANY ONE TIME ANO THE MAXIMUM RATE 1 MUST PAY. March 12, 2004 Mount holly springs PA IDerl Kiwi Isuml 34 Liberty Oriel, Nenet Rally Wings, PA 17065 Marro Addreal 1. iWRNOWER'S PROMISE 7O rAY In mom fa a loan thu 1 have received, I promise to pay U.S. $ 132, 600.00 (Gus amount is called "Principal"), plus interest, to the order of the Lender. The Larder is NORS06Oi 1MV66'1066 CORPORAXION I will make all payments order this Now in the form of ash, clndc or money order. 1 understand that the Lander may transfer this Now, The Lander or anyone who talon this Note by trsmfer and who is entitled to receive payrinaw miler this Nose is called the "Note Holder." 2. INTEREST interest will be dwged on rmpsid principal until 1M fail amount of principal has bun paid. 1 will pry how" at a yearly rue of 4.250 %. The interest roe 1 will psy w1U change, In awards= whh Section 4 of this Note. TM interest raw required by this Section 2 and Swaim 4 of this Non Is the rte 1 will pay bath before and after any default described in Section 7(9) of this Nora. 3. PAYMENTS (A) Time and Pli of Payments 1 will pay ptind* ad Imam by making a primer; way month. I will make a0• mom6h IW mw an the first dq of each mash beginning on May 1, 2004 . 1 will units thine payments every month udtl I have paid all of the prbndpal ad imam and any other ahagm described below that t may cart: under this Nora Each monthly payment will be applied as of its scheduled due due and will be applied to imeres before principal. If, on April 1, 2034 , 1 still owe stttowtu under this Non, I will pay these amounts in full on then due, which is caliad the "Mamrhty Date." 1 will make my moaddly payments at Sato c=TAAL AVAAVA, 62. psrvauxa C, n 33707 or at a different place if required by the Now Holder. (S) Amoom of My tdtal MsRWy Payme¦a Each of my initial mo ddy payments will be in the amount of U.S. S 652.32 . This amount may dwhgc. (C) Monthly Payment Cl aagn Cltages in my motdAly payment will reflect changes in the unpaid principal of my last and in the interest rue that I must pay. The Note Holder will determine my new interest rate and the da mild mom of my monthly payer in aaerdwave with Section 4 of this Notes 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dale The inwrat rue 1 will pay ray change on the first day of 07/01/2001 , and on that day every 12th month theraher. Each date on which my interest raw crould change is ailed a "Change Date." 450017 MULTRTATE AONOTAKE MT6 NOTg • Wipe Famey - VaNrwn ASalre ®.444 nrrsh 10101 ?e wrumrrrrawo.". Haan:r.r? i4A M/,,/M vw"..,. .,re -Tyl/I (B) The Index • • Begin ring with the first Change Date, my interest rue will be Intendant on Isdex The 'IWW is the weekly average yield on United Saes Treasury securities adjusted to a commute maturity of one year. a made available by the Federal Reserve Board. The most recast Index figure available as of the date 30 days before each Charge Due is called the "Current Index." If the Index is no longer available, the Note Holder will use as a new index any Molex prescribed by the Department of Veserms Affairs. -rho Note Holder will give me notice of the new Index. (C) Calculation of Cesare; Before each Change Doe, the Note Holder will calculate my trove interest rate by adding tea Percentage, points ( 2.000 %) to the Current Index. The Note Holder will than round the result of this addition to the Leven om-eighils of cue pareadep part (0.125%). Subject to the limits stand in Section 4(D) below. this rounded amount will be my ne'at' interest rue gang the error Change Data, The Not Hokler-will then determine the anamt of the monody pgmmd this would be al6olem to repay the unpaid principal the 1 son expected to owe at de Change Due in full on to Maturity Due a my new interest raw in substantially equal payments. The result of this aladet;cn trill be the raw anaunt of my mouldy pmpmnent. (D) wain on Internet Rate Classifies The interest into I me required to pay at the first Change Date will ant be graft data 5.250 % a less than 9.250 %. Thereafter, my Internet ran will new be ircrened0 decreased on my single Change Dow by more that one percentage point (1.0%) from to race of interest 1 have base paying for the promding 12 mumtha My lowest rue will ,ever be mac than five pens,+aege pelves (5%) higher or lower than the Initial rue. (E) Effective Datk 4, Classifies My new interest rat will become effective on each Change Date. I will pay the amoue of my new monthly payment beginning on the first monthly Payment doe after tha CLmgt Date until the amount of my monthly psymmt dmamges again. (F) Notice of Changes The Note Holder will althea or moil to arc a nmia of ay chmgn in sty lnaat rue and de amwnlt of my monthly psymem before the effaodve data of my clangs. The notice will include inform lion requaad by law to be given to me and alm the title and telephone number of a person who will answer my question I may have regarding the notion. S. BORROWER'S RIGHT TO PREPAY 1 have the right m prepay a my tine, without premium or fee. the entire indebtedness a any pert thereof not Ina than the amount of one installment, or $100,00, whichever is teas. Any prepayment if full of the Indebtedness shall be credited on the date rewired, and no interest may be charged thereafter. Any pedal prepayment made on atmer then on installment der due need not be credited until the next following installment due date or 30 days after such pepsymmt, whichever is earlier. 6 LOAN CHARGES if* law, which applies to this loan and which sets maximum loan charge, is nm0y Interpreted m tat the itnaest or otla lam charges collected or to be collected in connection with this lain excead der permitted Emits, dm- (a) ay such loan darge shell be reduced by the amount necessary to reduce the charge to the permitted limit; red (b) any sums aka* cdkcal from me whi& exceeded persim ed hems will be refunded to me. The Note Holder may chose to make this reNnd by reducing de: Principal i owe under this Note or by melting a direct pgmamt to me. If a refund reduces Principal, the reduction will be traced a a partial Prepayments. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Cksrges he Overdue Payments If the Note Holder has not received the full aneud of my monthly payment ley the a0d of filter calendar days after the due it is doe, 1 will pay a late large to the Note Holder. The mental of the cage will be 4.000 % of my overdue Payment. 1 will pay this Ina doge promptly but only once on each late payment. 450037 10/0d ®•644 peen air m a peyy (B) Defauh • • - If I do not pay the full amount of each monthly paynknt on the date it is due. 1 will be in defend[. (C) Natia of Dahult If I an in default, the Note Holder may said me a written notice telling an cut if 1 do not pay the iwesdue rittum 6y a certain date, the Note Holder rosy require me to pay immediately the full rnoum of Principal which has rte been pond and all his; interest that I owe on that amount. That time mug be at Ian 30 days after the data on which the notice is trailed to an or delivered by other meats. (D) No Walver By Note Holder Even if, at a time when I an in default, tits Note Holder doe net require an to pay IrmnediaMy, in hall as described above, the Note Hold" will gill have the right o do to if I sm In defeah at a later time. (E) Payment of Note Holder's Coe and Expresses If the Nee Holder has required me to pay imonedistely in full as described above, the None Holder will have the right to be paid back by me for all of its costs and erpaua In enforcing this Note to the careen not prohibited by applicable law. Those expense include, for asanpla, renmomMa enarneys' lees. 3. CIVING OF NOTICES Unless applicable taw requires a different method, sty notice dot must be Siam to an under this Note will be given by delivering it or by nailing it by first clap mail to an at the Property Address above in at a diNmad address if I give the Now Holder a notice of my difTermt Wren. Any notice thin must be Sim to the Nee Holder under this Now will be giant by delivering it or by mailing it by first class mail to the Note Holder at the address attend in SWIM 3(A) above or so a diffeern address if 1 on given a notice of the different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more rhw one peace sig:o this NOW, och Prison Is fully and Personally obligated to keep all of the promises trade in this Now, includiryy the premise to pen the full eoount owed Any person who is a gmramor, surety or endorse of this Nola is also obligated to do these things. Any pawn who take over these obligadens, including the obligations of a gtararmr, smeary or eodmse of this Note, is also obligated o leap all of the ptomisa trade in Ups Note. Do Nam Holder any mforoe III rights under this Now against each perm IndividuWy or against all of an together. This maw the raw arc of in any be required to pay all of the amounts owed under this Note. 10. WAIVERS t and any other person who has obligations under this Note waive the rights of Preacu mmt and Notice or Dishonor. "Presaitntent" mew the right to require the Nate Holder to drrmost payment of animas due. 'Notice of Dishonor' mom the right to require the Note Holder to give notice to other persons that amounts d atisive not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in somejurisdic ions. In addition to the protections given to die Note Holder under this Note, a Mortgage. Dad of Trust, or Security Deed (the "Security Instrument"), dated the arm dace as this Notes protects the Neu Holder from polaible toga which might result if I do not keep the promise which 1 main In this Note. That Socurity Imirumait describes bow and under what conditions 1 may be required to nuke immediate payment in full of all amounts I owv under this Note. Some of those conditions are described in follows: Regulations (30 C.F.R. Pan 36) issued under the Department of Veterans Affairs ("VA") Oarraesd (inn Auth ority (30 U.S.C. Chapter 37) and in effect on the dam of loin dosing shall govern the rights, duties real liabilities of the parties to this loan and any provisions of this Note which we irnmmisteal with such regulatitoa are hereby anamdt',vd supplemented to conform drnelo. 450017 44444 n301, f.r,-Jrl . M3a4 war. !'NW WITNESS THE HAND(S) AND SEAL(S) OFF THE UNDERWO"NED .? t?J 4a ' (sd) 11?^ 7? • '"?XAA A[ . (sew) Mark W. McAlister •Barowa Patricia L. McAlister .Baro n •Baeowa 49ar , •Bero'a<e .Borrewa vftout Reomw Pay To The Older Of (SIS" odemd OWY/ mwVW wNed m Cwpwatlon 450017 tt-e44 Perm "404 10(07 EXHIBIT A2 KNOW ALL MEN BY THESE PRESENTS that consideration of the sum of ONE DOLLAR ($1.00) Corporation, "Assignee" at the time of execution here receipt whereof is hereby acknowledged, does hereby gl Indenture ofMortgage given and executed by Mark W. Registration Systems, Inc., as nominee for Mortgal amount of $132,600.00, together with the Note and ind 03/22/04 in the County of Cumberland, Commonweal Being Known as Premises: 34 Liberty Drive, Mount Parcel No: 23-35.2316-074 Also the Bond or Obligation in the said Indenture of Mo grow due thereon, with the Warrant of Attorney to the si .incidents thereunto belonging. And all its Right, Title, TO HAVE, HOLD, RECEIVE AND TAKE, all and assigned, or mentioned and intended so to be, with the a its only proper use, benefit and behoof forever; subject, said Indenture of Mortgage named, and his/her/their ht IN WITNESS WHEREOF, the said "Assignermisas cr be duly executed by its proper officers this day Mortgage Mortgage Sealed and Delivered in the presence of us; State of Pennsylvania ss. County of Montgomery On this day of August, 20( Kwaitanowski, who acknowledg d him/herself to be the Inc., as nominee for Mortgage Investors Corporation, so, executed the foregoing instrument for the purposes tl IN WITNESS WHEREOF, I hereunto set my Stamp/Sea]: The precise address of the After recording re within named Assignee is: PHELAN HALLE 500 Enterprise Road Suite 150 One Penn Horys 4 PA4"" 1617 J.F.K. Blvd., By: (-C--%+L t?. Philadelphia, PA I (For Assignee) age Electronic Registration Systems, Inc., as nominee for r- the holder of the Mortgagehereinafiermentioned, forand in rwfal money unto it in hand paid by GMAC Mortgage sell, assign, transfer and set over unto the said Assignee, the t, bargain, its successors and assigns, ALL THAT CERTAIN cAlister and Patricia L. McAlister to Mortgage Electronic Investors Corporation, bearing the date 03/12/04, in the tedness therein mentioned, said Mortgage being recorded on of Pennsylvania, in Mortgage Book 1857 Page 3928. Springs, PA 17065 sited, and all Moneys, Principal and Interest, due and to ttionannexed. Together with all Rights, Remedies and Property, Claim and Demand, in and to the same: igular the hereditaments and premises hereby granted and atenances unto Assignee, its successors and assigns, to and for erdreless, to the equity ofredemption of said Mortgagor in the and assigns therein. 2006. Seal to be herein affixed and these presents to Systems, Inc., as nominee for Vice before me, the subscriber, personally appeared Margie President ofMortgage Electronic Registration Systems, I that he/she, as such Vice President, being authorizedto do in contained. seal. of i blto Cp E LM of P NNSYLVAN{A P &atde gtasNe,NdrY_ to; 8z SCHMIEG, L.L. t? EVM? 11 20t0 ter Memaer, Pa "&yNanla A$4e6atbn of Noted" 400 8/7/06 -1814 Document Execution 0307596853 EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF Pennsylvania COUNTY OF Montgomery ss. Mary Taylor, being duly sworn according to law, deposes and says: I am employed in the capacity of Limited Signing Officer at GMAC Mortgage Corporation, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendants' mortgage payments due January 1, 2006 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest December 1, 2005 through June 22, 2006 (Per Diem $15.00) Attorney's Fees Cumulative Late Charges March 12, 2004 to June 22, 2006 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $128,818.93 $3,060.00 $850.00 $680.71 750.00 $134,159.64 $-609.20 0.00 $133,550.44 Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its ICA Title: T, GMAC SWORN TO ANDS CRIBED BEFORE ME THIS DAY OF Au st 12006. NOTARY P I TM OF PENNSYLV Nall seal NW4a sleeli%NWOP?Itb PWEVwWMV""Wt0 10 - Pnww #nsa Assada*w Of %OW" File Name and Number: Mark W. McAlister and Patricia L. McAlister Account No. 0307596853 VMABjT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 136422 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER A/K/A PATRICIA L. KOHAN 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 136422 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. File 4- 136422 Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER A/K/A PATRICIA L. KOHAN 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/12/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1857, Page: 3928. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 136422 6. The following amounts are due on the mortgage: Principal Balance $128,818.93 Interest 3,060.00 12/01/2005 through 06/22/2006 (Per Diem $15.00) Attorney's Fees 850.00 Cumulative Late Charges 680.71 03/12/2004 to 06/22/2006 Cost of Suit and Title Search $ 750.00 Subtotal $ 134,159.64 Escrow Credit -609.20 Deficit 0.00 Subtotal $- 609.20 TOTAL $ 133,550.44 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 133,550.44, together with interest from 06/22/2006 at the rate of $15.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: s Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 136422 LEGAL DESCIUMON AI"w Wm Paledafbnd awls I R" Baell?h OF"* SON& Car" o1dMnWRwM. wld $M4 0f P4+m9YNaNa. wti9laioem Md deagnatod aaf A*&' i0 ItswWl nownGlM ommwpuwcfs sq&wd ldfirw s 030 m w#31 a fa ft ion oWWbs 41 eemeds Ead tar as aedWWM Of 111.x3 k@ b 1N WO Pb n aeid aeftatal iVitafwayartoittdP rthiermdoper"&MkmLbmtyUrNeg0hlolweyead 0;w ndolNeA form *Amft abaalwlVk monm Bou0162 1 dageee l wimb 5 of dielena 9120028 bat b a Ned *d LAW,, trwwe eldand'ap efv% LOAM. NWN 20 defines 40 nrnds 38 asoalde Wad for a disiance ONX21 OW to a Neel * $904 0w SouborNnod tieQlaQed npd ofwey IMS of LbaM1y WNe, atdpoMt nlarldr911a place N ibg>mig. Celaahdng tAte0 aC7ee, nd haing dMlgnebd ss I.ot x31 on a fns pin of aNWNhfon of Melly Ode(fdPredtarulaNAmacrluyWaec N. tteiaeAseeeMYe, Mc. dared OWWAar 0. Mend rxardadbow ow" efthe ReoaderafOeode in and for Ceabedead CO". P4AMg*ank N Mon Bosh 04. N Pegs 900. Tsar W. 29-.73-231"74 ca. M- i 74AYf FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. rx 96 DATE: r? lle,- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff EXHIBIT D IN641ol^ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA GMAC MORTGAGE CORPORATION, Plaintiff CIVIL DIVISION Case No.: 06-3604 Civil Term VS. MARK W. McALISTER a/k/a MARK KOHAN and PATRICIA L. McALISTER a/k/a/ PATRICIA L. KOHAN, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $5,850.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiff s complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourid c, r., Esq e P.O. Box 644, Murrysville, A 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. YAttorney for Defendant(s) CERTIFICATE OF SERVICE I certify that on the 13th day of July, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Yotrick?J?I Attorney for Defen l P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 EXHIBIT E GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo AA 50702 Date: 03/06/06 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseline Aeencv. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: MARK W MCALISTER 34 LIBERTY DR MOUNT HOLLY SPRINGS PA 17065-0000 0307596853 GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the nronerty is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 34 LIBERTY DR MOUNT HOLLY SPRINGS PA 17065-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 01/01/06 through 03/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 2521.14 Late Charges $ 104.36 NSF $ 0.00 Inspections $ 15.00 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 2640.50 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2640.50, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check or certified check made payable and sent to: GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leader intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and p costs connected with the Sheriffs Sale as specified in writing by the lender and by_perfonnine any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo IA 50702 Phone Number: 800-850-4622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 01/01/06 through 03/01/06 Mo. Pmt. Amt. $ 840.38 GMAC Mortgage Corporation 3451 Hammond Avenue Waterloo IA 50702 Date: 03/06/06 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the Proeram works. Counseline Aeencv. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: PATRICIA L MCALISTER 34 LIBERTY DR MOUNT HOLLY SPRINGS PA 17065-0000 0307596853 GMAC Mortgage Corporation This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to datel NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 34 LIBERTY DR MOUNT HOLLY SPRINGS PA 17065-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 01/01/06 through 03/01/06. See attached Exhibit for payment breakdown. Monthly Payments $ 2521.14 Late Charges $ 104.36 NSF $ 0,00 Inspections $ 15.00 Other (Default Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 2640.50 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not apphcablel: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2640.50, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check or certified check made payable and sent to, GMAC Mortgage Corporation ATTN: Payment Processing 3451 Hammond Avenue Waterloo IA 50702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Not Applicable IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Waterloo I IA 50702 Phone Number: 800-8504622 Fax Number: 319-236-7437 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTAGE - You MAY or MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ENCLOSED Applicable law requires us to inform you we are attempting to collect a debt and any information you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-8504622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 01/01/06 through 03/01/06 Mo. Pmt. Amt. $ 840.38 EXHIBIT F V PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolutionna,fednhe.com FACSIMILE TRANSMITTAL SHEET TO: FROM: Frank E. Yourick, Jr., Esquire Ray Begley COMPANY: DATE: 8/14/2006 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: (724) 325-3124 4 PHONE NUMBER: RE; ACCOUNT NUMBER McAlister, Mark W. & Patricia L. 0307596853 ? URGENT 0 FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLEASE RECYCLE NOTES/COMMENTS: Attached is the reinstatement figure for the above-captioned loan. Please be advised that this firm Is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of Interest, late charges, and other charges that may vary from day today, the amount due on the day you pay maybe greater. Hence, If you pay the amount shown above, an adjustment maybe necessary after we receive your check in which event we will Inform you before depmiting the check for collection. For further Information, write the undersigned or all (215) 563.7000 and ask for the Foreclosure Resolution Department. CONFIDENTIAL Ll PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax(215)568-0719 E-mail fcresolution(a0edphe.com Raymond J. Begley Supervisor - Foreclosure Resolution Dept. August 14, 2006 VIA FACSIMILE Frank E. Yourick, Jr., Esquire Fax(724)325-3124 Representing Lenders in Pennsylvania & New Jersey Re: GMAC Mortgage Corporation vs. Mark W. & Patricia L. McAlister 34 Liberty Drive, Mount Holly Springs, PA 17065 Acctp: 0307596853 To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the amount of $9,764.26, which is the amount needed to bring the above account current with GMAC Mortgage Corporation. Funds must be received in our office ON OR BEFORE August 31, 2006 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan & Schmieg, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may Incur additional expenditures in the Interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Raymond J. Begley Foreclosure Resolution Department Phelan Hallinan & Schmieg, LLP Please be advised that this firm Is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt wvs not reaffirmed, this correspondence Is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien agvinst property. As of the date of this communication, you owe the amount specified. Because of Interne, late charges, and other charges that may vary from day to day, the amount due on the day you pay maybe greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after we receive your check In which event we will inform you before depositing the check for collection. For further Information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. Ll PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax(215)568-0719 E-mail fcresolution(@,fedphe.com Raymond J. Begley Representing Lenders in Supervisor - Foreclosure Resolution Dept. Pennsylvania & New Jersey Reinstatement Figure NAME: MC ALISTER, MARK W. & ACCT #: 0307596853 PATRICIA L. DATE: 8/14/06 Good Through 8/31/06 Total Payment Amount (8 Payments) Late Charges Property Inspections Unapplied Funds BPOs/Appraisals Attorney Costs Attorney Fees TOTAL $6,723.04 $260.90 $105.00 -$52.18 $400.00 $777.50 $1,550.00 $9,764.26 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING PAYMENTI please be advised that this firm to a debt collector attempting to collect a debt. Any Information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence Is not and should not be construed to be an attempt to mile" a debt, but only enforcement of a Ben against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, In which event we will inform you before depositing the check for collection. For forther information, write the undersigned or call (215) 5634000 and ask for the Foreclosure Resolution Department. LN PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(Wedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ""THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailing/ New Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this firm Is a debt collector attempting to collect a debt. Any Information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was no reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a gee against property. As of the date of this communication, you owe the amount specified. Became of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Henceq If you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will Inform you before depositing the check for collection. For further Information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ay a4 Date J Joe R. Davey, Esquire A mey for Plaintiff cn w A TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. GMAC Mortgage Corporation vs. Plaintiff Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patrrcia L. Kohan Defendants Court of Common Pleas Civil Division Cumberland County No. 06-3604 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Robert Leiberman, Esquire Address: 500 North 3rd Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 (b) for defendant: Frank E. Yourick, Jr., Esquire Address: P.O. Box 644 Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: ??ayl°? A orneyforPlaintiff w P - p y1 yYl£" ?'1 -d ?y Y C p ' ? PHELAN HALLINAN & SCHMIEG, LLP By: JENINE R. DAVEY, ESQUIRE Identification No. 87077 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) -3-7000 GMAC Mortgage Corporation 500 Enterprise Road Suite 150 Horsham, PA 19044-0969 Plaintiff VS. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patircia L. Kohan 34 LIberty Drive Mount Holly Springs, PA 17065 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County : No. 06-3604 I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support thereof, Order, Praecipe for Argument, Certification of Service, and Attached Exhibits were sent via first class mail to the persons on the date listed below: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Date: '14 Jen4eiz. Davey, Esquire Atto y for Plaintiff . tz? =- -o L; t G c f5 ?, SHERIFF'S RETURN - REGULAR Ir CASE NO: 2006-03604 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MCALISTER MARK W ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCALISTER MARK the DEFENDANT , at 1037:00 HOURS, on the 7th day of July , 2006 at 34 LIBERTY AVENUE MT HOLLY SPRINGS, PA 17065 by handing to MARK MCALISTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 6.16 ?::y? a"``R ?i ?? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.16 ? 07/10/2006 71d, j01 PHELAN HA T INAN SCHMIT.G Sworn and Subscibed to By: k? before me this day of A.F SHERIFF'S RETURN - REGULAR 4 • CASE NO: 2006-03604 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS MCALISTER MARK W ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCALISTER PATRICIA the DEFENDANT , at 1037:00 HOURS, on the 7th day of July 2006 at 34 LIBERTY AVENUE MT HOLLY SPRINGS. PA 17065 by handing to MARK MCALISTER, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 f` "v Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00v` 07/10/2006 .7/14/5? PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By before me this day of A.D. GMAC MORTGAGE CORP., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 06-3604 CIVIL MARK W. MCALISTER a/k/a MARK KOHAN, and PATRICIA L.: MCALISTER a/k/a PATRICIA L. KORAN, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND EBERT, J.J. ORDER AND NOW, this Z !o ' day of October, 2006, the motion of the plaintiff for summary judgment is GRANTED and an in rem judgment is entered in the favor of plaintiff and against the defendants, Mark W. McAlister a/k/a Mark Kohan, and Patricia L. McAlister a/k/a Patricia L. Kohan, in the amount of $133,550.44 together with interest from June 22, 2006, at the rate of $15.00 per diem and other costs and charges collectible under the mortgage and for foreclosure and sale of the mortgaged property. nine R. Davey, Esquire For the Plaintiff rank E. Yourick, Jr., Esquire J For the Defendants rlm BY THE COURT, 0 ? •01 1r41V 9z f oo 90oz ':'Hi Jo PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3604 MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Defendant(s). PRAECIPE FOR ENTRY OF JUDGEMENT PURSUANT TO COURT ORDER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against MARK W. MCALISTER A/K/A MARK KOHAN and PATRICIA L. MCALISTER Defendant(s) in accordance with the Court's Order dated 10/26/06. Assess Plaintiffs damages against MARK W. MCALISTER A/K/A and PATRICIA L. MCALISTER as follows: As set forth in the Order Interest - 6/22/06 -10/26/06 TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: 136422 $133,550.44 51.890.00 r ? ?a1 z1a' "V GMAC MORTGAGE CORP., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-3604 CIVIL MARK W. MCALISTER a/k/a MARK KOHAN, and PATRICIA L.: MCALISTER a/k/a PATRICIA L. KOHAN, Defendants IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND EBERT, J.J. AND NOW, this Z !o ' day of October, 2006, the motion of the plaintiff for summary judgment is GRANTED and an in rem judgment is entered in the favor of plaintiff and against the defendants, Mark W. McAlister a/k/a Mark Kohan, and Patricia L. McAlister a/k/a Patricia L. Kohan, in the amount of $133,550.44 together with interest from June 22, 2006, at the rate of $15.00 per diem and other costs and charges collectible under the mortgage and for foreclosure and sale of the mortgaged property. Jenne R. Davey, Esquire For the Plaintiff Frank E. Yourick,'Jr., Esquire For the Defendants :rlm BY THE COURT, 1 ? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3604 Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on I VC)U 117 200„ By: If you have any questions concerning this matter, please contact: STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 Plaintiff, V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3604 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARK W. MCALISTER A/K/A MARK KOHAN is over 18 years of age and resides at, 34 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. (c) that defendant PATRICIA L. MCALISTER is over 18 years of age, and resides at, 34 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. v l -c? O d ?t> ?i cn GMAC MORTGAGE CORPORATION Plaintiff, V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Defendant(s). No. 06-3604 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/26/06 to 3/7/07 (per diem -$22.26) TOTAL Add'1 fees $135,440.44 $2,938.32 and Costs $138,378.76 x-$,3002.00 DANIEL G. SZFWG, ES IRE One Pe CeIn a Suburb tation 1617 Jo F. y Bo 4vard, Suite 1400 Philadel a A 19 -1814 b5l Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 136422 d O? O d ? H O ow ? o? 00 ? HU 4 ? d U a I W d? n wa ?v U? ?a O E^' U _ a. W ? W a-So O aQ a o? ,eC d as a` a ? r w r tit d IA O" of .9 s . AA NH ? s.+ W ?"? cQd as ? M M d N M V L! Q" V J ?r ALL THAT CERTAIN tract of land situate in the Borough of Mt. Holly Springs, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin set on the southernmost dedicated right-of-way line of Liberty Drive, a fifty (50) foot wide street, said pin marking the common point of adjoiner of Lots #30 and #31 on the hereinafter mentioned plan of subdivision; thence extending in and, along the southernmost dedicated right-of- way line of Liberty Drive, by an arc or curve to the left having a radius of two hundred thirteen and eighty-nine hundredths (213.89) feet, a chord of one hundred ten and sixty-six hundredths (110.66) feet on a bearing North sixty-two (62), degrees twenty-seven (27) minutes forty-one (41) seconds East, for an arc distance of one hundred eleven and ninety-three hundredths (111.93) feet to an iron pin on said dedicated right-of-way line at Lot #57; thence departing from the Liberty Drive right-of-way, and extending along Lot #57, South forty-six (46) degrees eleven (11) minutes twenty-three (23) seconds East, for a distance of four hundred sixty-eight and fifty-one hundredths (468.51) feet to a steel pin; thence South sixty-two (62) degrees one (1) minute fifty (50) seconds West, for a distance of two hundred six and twenty-eight hundredths (206.28) feet to a steel pin at Lot #30; thence extending along Lot #30, North twenty-nine (29) degrees forty-eight (48) minutes thirty-nine (39) seconds West, for a distance of four hundred thirty-two and twenty-one hundredths (432.21) feet to a steel pin set on the southernmost dedicated right-of-way line of Liberty Drive, said point marking the place of BEGINNING. CONTAINING 1.4180 acres, and being designated as Lot #31 on a final plan of subdivision of Liberty Woods prepared for Liberty Associates by Walter N. Heine Associates, Inc. dated December 8, 1989, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 64, at page 90A. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the plan of subdivision hereinbefore mentioned, all easements, reservations, and restrictions of prior record, as well as to the following conditions and restrictions to which the hereby granted parcel of land shall be, and will remain, subject: 1. All residential structures shall have a minimum of 1100 square feet of finished living floor area. 2. No mobile homes shall be placed on any lot in this subdivision. 3. No dumping or stockpiling of materials or other items shall be permitted nor the accumulation of any junk or unlicensed vehicles on any lot within said subdivision. 4. Tree removal shall be kept to a minimum to permit the construction of a primary residence and garage. 5. Lot owners shall be responsible for the installation and maintenance of a sidewalk along the street frontage of their lot. Sidewalk construction must be completed within one year of lot purchase. The sidewalk must be constructed as per the specifications of the approved plan of subdivision. 6. The driveway to the house must be paved with the bituminous or concrete-(???) within one year of the completion of any residential structure. 7. A residential structure must be completed and habitable within two years of the purchase price of the lot. Failure to accomplished this shall give the developer as exclusive option to repurchase the lot for the same price as the original purchase. An owner of two or more contiguous lots need not construct more than one residence on those lots. The Grantee, for itself, its successors and assigns, by acceptance of this indentures, agrees with the Grantor, its successors and assigns, that the said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND, and that in any deed of conveyance to any person said restrictions and conditions shall be incorporated by reference to this indenture and to the record thereof as fully as though they were contained therein. BEING A SMALL PORTION OF THAT SAME PREMISES which William H. Nordstrom, Executor of the Last Will and Testament of Ruth Newburg Moore, a/k/a Ruth E. Moore, by deed dated October 13, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35- Y, at page 238, granted and conveyed unto Liberty Associates, a partnership, the Grantor herein. PARCEL IDENTIFICATION NO: 23-35-2316-074 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark W. McAlister and Patricia L. McAlister, husband and wife, by Deed from Liberty Associates, dated 08/22/1998, recorded 09/02/1998, in Deed Book 184, page 901. Premises: 34 Liberty Drive, Mount Holly Springs, PA 17065-1022 Borough of Mt. Holly Springs WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3064 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From MARK W. MCALISTER A/K/A MARK KOHAN AND PATRICIA L. MCALISTER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $135,440.44 L.L. $.50 Interest FROM 10/26/06 TO 3/7/07 (PER DIEM - $22.26) -- $2,938.32 AND COSTS Atty's Comm % Atty Paid $132.16 Plaintiff Paid Due Prothy $1.00 Other Costs $3,002.00 Date: NOVEMBER 17, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Cur?K R. Long,, notaryBy: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION Plaintiff, V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3604 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?' R ` .. . ?,., ,? __.. , w ?. _ ._.:t -G- _... --n s ?" ` ?, r -; ?' .? _, ?; .?.. sWa ..? •_t w CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3604 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,34 LIBERTY DRIVE , MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): GMAC MORTGAGE CORPORATION Plaintiff, V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER . Defendant(s). Name MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Last Known Address (if address cannot be reasonably ascertained, please indicate) 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: % low Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE PA 15668 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false $etNnents herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unp?qrn falsi ation to authori November 15, 2006 DATE DANIEL G. Attorney for c,. 77, Yl r? i r1J GMAC MORTGAGE CORPORATION Plaintiff, V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Defendant(s). CUMBERLAND COUNTY No. 06-3604 November 15, 2006 TO: MARK W. MCALISTER A/K/A MARK KOHAN 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 PATRICIA L. MCALISTER 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 34 LIBERTY DRIVE , MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriff's Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $135,440.44 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 s DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mt. Holly Springs, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin set on the southernmost dedicated right-of-way line of Liberty Drive, a fifty (50) foot wide street, said pin marking the common point of adjoiner of Lots #30 and 931 on the hereinafter mentioned plan of subdivision; thence extending in and, along the southernmost dedicated right-of- way line of Liberty Drive, by an arc or curve to the left having a radius of two hundred thirteen and eighty-nine hundredths (213.89) feet, a chord of one hundred ten and sixty-six hundredths (110.66) feet on a bearing North sixty-two (62), degrees twenty-seven (27) minutes forty-one (41) seconds East, for an arc distance of one hundred eleven and ninety-three hundredths (111.93) feet to an iron pin on said dedicated right-of-way line at Lot #57; thence departing from the Liberty Drive right-of-way, and extending along Lot #57, South forty-six (46) degrees eleven (11) minutes twenty-three (23) seconds East, for a distance of four hundred sixty-eight and fifty-one hundredths (468.51) feet to a steel pin; thence South sixty-two (62) degrees one (1) minute fifty (50) seconds West, for a distance of two hundred six and twenty-eight hundredths (206.28) feet to a steel pin at Lot #30; thence extending along Lot #30, North twenty-nine (29) degrees forty-eight (48) minutes thirty-nine (39) seconds West, for a distance of four hundred thirty-two and twenty-one hundredths (432.21) feet to a steel pin set on the southernmost dedicated right-of-way line of Liberty Drive, said point marking the place of BEGINNING. CONTAINING 1.4180 acres, and being designated as Lot #31 on a final plan of subdivision of Liberty Woods prepared for Liberty Associates by Walter N. Heine Associates, Inc. dated December 8, 1989, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 64, at page 90A. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the plan of subdivision hereinbefore mentioned, all easements, reservations, and restrictions of prior record, as well as to the following conditions and restrictions to which the hereby granted parcel of land shall be, and will remain, subject: 1. All residential structures shall have a minimum of 1100 square feet of finished living floor area. 2. No mobile homes shall be placed on any lot in this subdivision. 3. No dumping or stockpiling of materials or other items shall be permitted nor the accumulation of any junk or unlicensed vehicles on any lot within said subdivision. 4. Tree removal shall be kept to a minimum to permit the construction of a primary residence and garage. 5. Lot owners shall be responsible for the installation and maintenance of a sidewalk along the street frontage of their lot. Sidewalk construction must be completed within one year of lot purchase. The sidewalk must be constructed as per the specifications of the approved plan of subdivision. 6. The driveway to the house must be paved with the bituminous or concrete-(???) within one year of the completion of any residential structure. 7. A residential structure must be completed and habitable within two years of the purchase price of the lot. Failure to accomplished this shall give the developer as exclusive option to repurchase the lot for the same price as the original purchase. An owner of two or more contiguous lots need not construct more than one residence on those lots. The Grantee, for itself, its successors and assigns, by acceptance of this indentures, agrees with the Grantor, its successors and assigns, that the said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND, and that in any deed of conveyance to any person said restrictions and conditions shall be incorporated by reference to this indenture and to the record thereof as fully as though they were contained therein. BEING A SMALL PORTION OF THAT SAME PREMISES which William H. Nordstrom, Executor of the Last Will and Testament of Ruth Newburg Moore, a/k/a Ruth E. Moore, by deed dated October 13, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35- Y, at page 238, granted and conveyed unto Liberty Associates, a partnership, the Grantor herein. PARCEL IDENTIFICATION NO: 23-35-2316-074 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark W. McAlister and Patricia L. McAlister, husband and wife, by Deed from Liberty Associates, dated 08/22/1998, recorded 09/02/1998, in Deed Book 184, page 901. Premises: 34 Liberty Drive, Mount Holly Springs, PA 17065-1022 Borough of Mt. Holly Springs F"J P\) D Y? C ?T " 1"! ' f r Phelan Hallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION V. Plaintiff, Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3604 MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Defendant(s). SALE DATE: MARCH 7, 2007 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR., ESQ., Attorney of Record for Defendant(s), MARK W. MCALISTER A/K/A MARK KOHAN & PATRICIA L. MCALISTER at P.O. BOX 644, MURRYSVILLE, PA 15668 on NOVEMBER 16, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. PHEL H LINAN & SCHMIEG 01.n1l Juvoi By: DANIEL G. SCHM G, ESQUIRE game aoa YHLL" HAL L1NAN dt SC:HMWU, L.L.P. Address One Pam Center at Suburban Station Of Seeder 1617 John F. Kenrody Boulevard, Suia 1400 Phiifrlwlnhio PA 101A7_1111d v. v..e.v. Line AMde Number 1w.n.r?++?ts3e,.t wntodaenAddt.t r.. 1 noluUTlcltF ATMOlzcuNBl2ttAMCOUN Y 0 „ g o 13 NORTH HANOM S7REE1 ° N A CARLISLF„ PA 17013 0? 2 COh4NONWEALM OF PENMYLVANIA "2 DEPAR7NMWrOF WEUARE . ? POBOX2615 1 . o n HARRI513 M. PA 17105 ` 3 b TErrAxVocclmANr nPA 34 LJUN Y DRIVE y MM M' HOLLY SPRMA PA 17065 4 FRANK E YOURICK, JR. +a % zoigi Ya P.O. BOX 644 MURRYSVILLE PA 15668 5 6 7 8 9 10 11 12 13 14 15 MARK W. MCALISTER AWA MARK KORAN KAM TEAM 4 TOWNmierof liwali9edHy3cWa Told Ku"Waftet Rsd"dtftdoznn Pawtuelr,PerpiotOfRowMA6 EMPLY-) no FAdodusttaoGNAW If IiiaAondldootwkadYawwd/aji d.7lcuccimn• bslnotrtrmkd'uf tl rthi dooonott NOW 8t ttq UM d eu t a 0§pWp gp mte o oofrtaow it S50JWSOAOa.OO ptrpmW noauboo inbjtt b sltaoldis0? e00yaomttwoalletttttibamidemlyMr?too at M+9bteobodittioo.tni SlOO.ILelnaiotn iiiS73pOS[orersidandsrl.ttolrih?tionli..S.D..&MtnWnal 8900,9913td992 f4tlimamm otoo err LLJ t C? -?-" LL Lt .3 t'?J PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff vs. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-3604 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 26, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on November 17, 2006 in the amount of $135,440.44. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $128,818.93 Interest Through 3/07/07 6,948.45 Per Diem $15.00 Late Charges 417.44 Legal fees 2,150.00 Cost of Suit and Title 1,157.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 AppraisalBPO 250.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,284.96 TOTAL $141,026.78 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. el li,an & Schmg, LLP r r , Date: 01 ' By: i Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215)563-7000 GMAC Mortgage Corporation Plaintiff vs. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 06-3604 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 34 Liberty Drive, Mount Holly Springs, PA 17065. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mow], 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Sho in Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fewer, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P lan Hallinan & Schniieg, LLP DATE: B y: ,a chele M. rad o , Esquire Attorney for Plaintiff Exhibit "A" PHELAN RALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id_ No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 136422 GMAC MOR'T'GAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 V. MARK W. MCALISTER A/K/A MARK KORAN PATRICIA L. MCALISTER AJKIA PATRICIA L. KORAN Plaintiff' r-:-..•:: ? is -:? -Ta ? FF ATTORNEY FOR PLA ) cr: COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6L -- 3?d CUMBERLAND COUNTY 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 4V Y NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR.. LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE_ Lawycr Referral Service Cumberland County Bar Association ?py,_ 32 South Bedford Street I®??? Carlisle, PA 17413 -4 (800)990-9108 M' File #: 136422 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S_ HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 136422 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff v MARK W. MCALISTER A/K/A MARK KORAN PATRICIA L. MCALISTER A/K/A PATRICIA L. KORAN 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLI::AS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE. PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 136422 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. File #: 136422 I . Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L_ MCALISTER A/K/A PATRICIA L_ KOHAN 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/12/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1857, Page: 3928. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 136422 6. The following amounts are due on the mortgage: Principal Balance $128,818.93 Interest 3,060.00 12/01/2005 through 06/22/2006 (Per Diem $15.00) Attorney's Fees 850.00 Cumulative Late Charges 680.71 03/12/2004 to 06/22/2006 Cost of Suit and Title Search $ 750.00 Subtotal $ 134,159.64 Escrow Credit -609.20 Deficit 0.00 Subtotal $- 609.20 TOTAL $ 133,550.44 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 133,550.44, together with interest from 06/22/2006 at the rate of $15.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG. LLP By: /s/Francs S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S_ HALLINAN, ESQUIRE Attorneys for Plaintiff He #: 136422 LEGAL DESCRIPTION All that occWn Parcel of and sihrabe In 8* tlo"It of Hatay 30098. Coin rxCwnbedwW. and Stars of PannsytvaNa, betrtg biown and designated as follows: i Begi WrQ at an iron pin set on the soudmin?mod dedicated tight of way fine of 1.9" Orive. a. 50 hat wde to eet. eeid ph nrertdng the ownrm r pohd of odioiner of Lots $30 and 491 on ! the hereinafter ntentlorted plan of subdivlalon; thelwe eomw4ng in end along me SaMefnnr?t defcated right of way am of LbwV Drive, by an me of curve a fie left having a rad s of 213.69 foal, a dwrd of 110A6 het on a bewing North 82 degrees 27 n*YAQs 41 seconds Goo for an w c distance of 111.83 feet to an lion pin on said dedk=ted fight of way Ilne at lot 057. thence departing ffuat the Lbbotty Drive tight of weir and sxeentdMtg atlong tact #57, South 46 daUts" 11 a4mulas 23 scoonde 15" for 4 distance of 468.81 Bret to a steal pin; thence South 62 dagmen 1 rttkatte 50 somula Wrist, for a dismnw of 20828 feet to a sleet pin at Lot M. t#te m e3dwAing thong Lot 430. North 28 d"cam 48 ninutes 39 8tarnntaet dedlcated dMght of way ftg itn? for of Lbeliy OrNe. l uW poh t PWAing ft plsce of begiming Containing 1.4180 arses, and being dedignated as Lot $31 oa a fast plan of oubdwwon of tWergr Woods pfepared for LRWW Nsactslee by Walter N_ Hem /associates, im dated Dooernber 8.1989 end recorded In the Ollico of the Reoordw of Dopes In and far Curntwiand County. Pettrteylvenm, to Plan Book 84. at Page %A. Tax ID: 23-35-2318.074 File #: 136422 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: r ) A 0 -',, , FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD, SUITE 150 HORSHAM, PA 19044 V, Plaintiff, MARK W. MCALISTER A/K/A MARK KORAN PATRICIA L. MCALISTER Defendant(s), TO THE PROTHONOTARY: CUMBERLAND COW-4-Y. COURT OF COMM Ugg -n CIVIL DIVISIQ', NO. 06-3601' x°dk; o? ?i : :NT PURSUANT TO COURT ORDER AND ENT OF Kindly enter Swnmary Judgment in favor of the Plaintiff and against MARK W. MCALISTER AJK/A MARK AN and PATRICIA L. M ISTER Defendant(s) in accordance with the Court's Order dated 10/26./06, Assess Plaintiff's damages against MARK W. CALISTER A/K/A and PATRIC CALISTER as follows: As set forth in the Order PLC-' Interest - 6/22/06 -10126/06' fem. " TOTAL DANK G. Attorney for DAMAGES ARE /HEREBY ASSESSED AS INDICATED. DATE: 17AIP ROI $133,550.44 $1,890.00 $135,440.44 r ?,.... err 136422 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. h an al ' an & Schmi?g, LLP 'I / /" DATE: By Michele M. Bradfo d, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Court of Common Pleas Plaintiff VS. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants : Civil Division : Cumberland County : No. 06-3604 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individuals on the date indicated below. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan 34 Liberty Drive Mount Holly Springs, PA 17065 Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Schmieg, LLP DATE: li By: ichele M. Bradford, Esquire Attorney for Plaintiff JAN 1$ 2007 01' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage Corporation Plaintiff VS. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants : Court of Common Pleas : Civil Division : Cumberland County No. 06-3604 RULE AND NOW, this day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable- a ° 2006, at at the BY THE COURT, t? d ? "`"' ? y ?^ ?.... 4;? ? ? ? ?3? ? r,3 f? --- ?;s c.? ?-? r- ,_._. u.. ? t?-- ?? ? ..r! < ?«.-.f I °;' i1 y? ^?' `_;?? ??.?. ?E ?? ?? ,?.. `? .. d J \ SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 06-3604 VS. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 34 LIBERTY DRIVE , MOUNT HOLLY SPRINGS, PA 17065. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQL4RE Attorney for Plaintiff January 31, 2007 Dame Sao YH A-AN HALLINAN & SCHMIEU, L.L.P. Address One Penn Center at Suburban Station Of Sender 1617 John F. Kemedy Boulevard, Suite 1400 Philadelphia. PA 19103-1114 [CAM TF AM A Line Article Number ry.?.rAaa.a.R sn.?..a nRO? ur,s. y« 1 DOMMRFUTIOMOFCUWERLVJDODUMY t 00 W)a 13 NORTH HANOVER STREET I g NN O CARLISLE, PA 17013 OQ p ? 2 CAM04ONWFAI.THOFPEPII4SYLVANIA M U O DFPARTMEMOF-WELFARE o ? PO BOX 2675 t? m q{ HARRISBURQ PA 17105 T? O ? 3 TENANT/OCCUPANT - ?? P?Mfl oo 34 LMERTY DRIVE yD eZ -1 ? MOUNT HOLLY SPRIMM, PA 17065 4 FRANK E, YOURICK, AL l B1 Yb P.O. BOX 644 MURRYSVUIE PA 15668 5 6 7 8 9 10 ll 12 13 14 ?3b 15 MARK W. MCALMMR A/K/A MARK KORAN KAM TEAM 4 TOWMaad.ar Ta41 N?m?. otPlooea fe.uom.,P.(Naoe O(Remiyi.a ZYe 6a dacla.do?afwLed mgauedao as dooantio anal iatt.atiamlai?al.Odtaaa. llc aaaa9.au ida®itr para6fa tar Pimslitlad Byamdx Raod%vd at lba Qt6ae ?Pbrm) Maaoaearmuaa'atemowapb" dxmmft aadw Rwgm Mat dmamm mcomkwAm iaa.ama w SS MOO P. P. taminshmtcf35wA00y.aooma.m,7wmaw= iadmoi pop* mEftMaaaaadmfaaim omi M.Titamcbo=odmuirj i - 6S25AM3.riapidad and, not wah Wdoad emame. SmDo..dc Mm114Qaa1 R90q,5913 aad 3921 torraetaeom de rvemaa. r."? rv eJ rr 3 G.? ?...C! j Li11 "C PHELAN HALLINAN & SCHMIEG, LLP b • Michele M Bradford Esquire ATTORNEY FOR PLAINTIFF .7 Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 GMAC Mortgage Corporation Plaintiff vs. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants Court of Common Pleas : Civil Division : Cumberland County : No. 06-3604 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 16, 2007 Rule directing the defendants to show by February 16, 2007 was sent to the following individuals on the date indicated below. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan 34 Liberty Drive Mount Holly Springs, PA 17065 DATE: Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Schmieg;'CLy 11 By is le . Bradf rd, Attorney for Plaintiff .. 'i t -? wi ...? _._; C::: . .. ?-? ?.: , ' ` ,- ?`r ..-- j t t.; f : i o PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 GMAC Mortgage Corporation : Court of Common Pleas Plaintiff vs. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants : Civil Division : Cumberland County : No. 06-3604 GMAC Mortgage Corporation by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above- captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 8, 2007. 3. A Rule was entered by the Court on or about January 16, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A" 4. The Rule to Show Cause was timely served upon all parties on January 31, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 16, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date ichele radfo d, squire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 GMAC Mortgage Corporation Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Mark W. McAlister No. 06-3604 A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants RRIFF IN SUPPORT OF PI AINTIFES MOTION TO MAKF. RITI,F ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 8, 2007. A Rule was entered by the Court on or about January 16, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 31, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 16, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Date PHELAN HALLINAN & SCHMIEG, LLP I ichele ra for , Esquire Attorney for the Plaintiff Exhibit "A" JAN 1 2 200 YC"" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GMAC Mortgage Corporation Plaintiff VS. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 06-3604 RULE AND NOW, this Ito day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable-y-- a ° 2006, at rh ra,n y co"Ouse.ia. BY THE COURT, Exhibit "B" - ;' TI c-n -< PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 GMAC Mortgage Corporation Plaint R? vs.?. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division : Cumberland County : No. 06-3604 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 16, 2007 Rule directing the defendants to show by February 16, 2007 was e following individuals on the date vl t indicated below. Mark W. McAlister Frank E Yourick Jr Esquire A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan 34 Liberty Drive Mount Holly Springs, PA 17065 DATE: P.O. Box 644 Murrysville, PA 15668 Phelan Hallinan & Schmie L By: is le . B f rd, Attorney for Plaintiff Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 Date relating to the unsworn falsificat' 9nof authorities. ?ii-c ele M. r dford, s e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 GMAC Mortgage Corporation : Court of Common Pleas Plaintiff vs. Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants : Civil Division : Cumberland County : No. 06-3604 I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Mark W. McAlister A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan 34 Liberty Drive Mount Holly Springs, PA 17065 Date: Frank E. Yourick, Jr. Esquire P.O. Box 644 Murrysville, PA 15668 Wiche M. ra , Esquire Attorney for Plaintiff -?J a T. '': 1 i-TI FEB 86 200] 4*? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GMAC Mortgage Corporation : Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Mark W. McAlister No. 06-3604 A/K/A Mark Kohan Patricia L. McAlister A/K/A Patricia L. Kohan Defendants AND NOW, this Z-a" day of Ackry!* -, 2007 the Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: ?- D -n Principal Balance $128,818 9 r Interest Through 3/07/07 6,948.45t, co Per Diem $15.00 ' - Late Charges 417.44 - ` , :5z f} Legal fees 2,150.00' Cost of Suit and Title 1,157.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 AppraisalBPO 250.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,284-96 TOTAL $141,026.78 Plus interest from 3/07/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 138606 BY THE COURT GMAC Mortgage Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Mark W. McAlister a/k/a Mark Kohan and Writ No. 2006-3604 Civil Term Patricia L. McAlister Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2006 at 1933 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Mark W. McAlister a/k/a Mark Kohan and Patricia L. McAlister, by making known unto Patricia McAlister, personally and wife of Mark W. McAlister, at 34 Liberty Drive, Mt. Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 16, 2007 at 2057 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark W. McAlister a/k/a Mark Kohan and Patricia L. McAlister located at 34 Liberty Drive, Mt. Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Mark W. McAlister a/k/a Mark Kohan and Patricia L. McAlister, by regular mail to their last known address of 34 Liberty Drive, Mt. Holly Springs, PA 17065. These letters were mailed under the date of January 16, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 37.83 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 12.32 Certified Mail 4.64 Levy 15.00 Surcharge 30.00 Law Journal 965.00 Patriot News 746.36 Postpone Sale 40.00 Share of Bills 16.83 / 48 ? 7l ???a7 $1 929 , . ?` x9333 So Answers: N R. Thomas Kline, Sheriff Real Estate rgeant GMAC MORTGAGE CORPORATION Plaintiff, V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3604 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) GMAC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,34 LIBERTY DRIVE , MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE PA 15668 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false ents herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unp.*Zrn falsi ation to authoriNovember 15, 2006 DATE DAT41EL G. 9fCHM G, E Attorney for lainti GMAC MORTGAGE CORPORATION Plaintiff, V. MARK W. MCALISTER A/K/A MARK KOHAN PATRICIA L. MCALISTER Defendant(s). TO: MARK W. MCALISTER A/K/A MARK KORAN 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 November 15, 2006 CUMBERLAND COUNTY No. 06-3604 PATRICIA L. MCALISTER 34 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 34 LIBERTY DRIVE , MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $135,440.44 obtained by GMAC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 V ALL THAT CERTAIN tract of land situate in the Borough of Mt. Holly Springs, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin set on the southernmost dedicated right-of-way line of Liberty Drive, a fifty (50) foot wide street, said pin marking the common point of adjoiner of Lots #30 and #31 on the hereinafter mentioned plan of subdivision; thence extending in and, along the southernmost dedicated right-of- way line of Liberty Drive, by an arc or curve to the left having a radius of two hundred thirteen and eighty-nine hundredths (213.89) feet, a chord of one hundred ten and sixty-six hundredths (110.66) feet on a bearing North sixty-two (62), degrees twenty-seven (27) minutes forty-one (41) seconds East, for an arc distance of one hundred eleven and ninety-three hundredths (111.93) feet to an iron pin on said dedicated right-of-way line at Lot #57; thence departing from the Liberty Drive right-of-way, and extending along Lot #57, South forty-six (46) degrees eleven (11) minutes twenty-three (23) seconds East, for a distance of four hundred sixty-eight and fifty-one hundredths (468.51) feet to a steel pin; thence South sixty-two (62) degrees one (1) minute fifty (50) seconds West, for a distance of two hundred six and twenty-eight hundredths (206.28) feet to a steel pin at Lot #30; thence extending along Lot #30, North twenty-nine (29) degrees forty-eight (48) minutes thirty-nine (39) seconds West, for a distance of four hundred thirty-two and twenty-one hundredths (432.21) feet to a steel pin set on the southernmost dedicated right-of-way line of Liberty Drive, said point marking the place of BEGINNING. CONTAINING 1.4180 acres, and being designated as Lot #31 on a final plan of subdivision of Liberty Woods prepared for Liberty Associates by Walter N. Heine Associates, Inc. dated December 8, 1989, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 64, at page 90A. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the plan of subdivision hereinbefore mentioned, all easements, reservations, and restrictions of prior record, as well as to the following conditions and restrictions to which the hereby granted parcel of land shall be, and will remain, subject: 1. All residential structures shall have a minimum of 1100 square feet of finished living floor area. 2. No mobile homes shall be placed on any lot in this subdivision. 3. No dumping or stockpiling of materials or other items shall be permitted nor the accumulation of any junk or unlicensed vehicles on any lot within said subdivision. 4. Tree removal shall be kept to a minimum to permit the construction of a primary residence and garage. 5. Lot owners shall be responsible for the installation and maintenance of a sidewalk along the street frontage of their lot. Sidewalk construction must be completed within one year of lot purchase. The sidewalk must be constructed as per the specifications of the approved plan of subdivision. 6. The driveway to the house must be paved with the bituminous or concrete-(???) within one year of the completion of any residential structure. 7. A residential structure must be completed and habitable within two years of the purchase price of the lot. Failure to accomplished this shall give the developer as exclusive option to repurchase the lot for the same price as the original purchase. An owner of two or more contiguous lots need not construct more than one residence on those lots. The Grantee, for itself, its successors and assigns, by acceptance of this indentures, agrees with the Grantor, its successors and assigns, that the said restrictions and conditions shall be deemed COVENANTS RUNNING WITH THE LAND, and that in any deed of conveyance to any person said restrictions and conditions shall be incorporated by reference to this indenture and to the record thereof as fully as though they were contained therein. BEING A SMALL PORTION OF THAT SAME PREMISES which William H. Nordstrom, Executor of the Last Will and Testament of Ruth Newburg Moore, a/k/a Ruth E. Moore, by deed dated October 13, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35- Y, at page 238, granted and conveyed unto Liberty Associates, a partnership, the Grantor herein. PARCEL IDENTIFICATION NO: 23-35-2316-074 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark W. McAlister and Patricia L. McAlister, husband and wife, by Deed from Liberty Associates, dated 08/22/1998, recorded 09/02/1998, in Deed Book 184, page 901. Premises: 34 Liberty Drive, Mount Holly Springs, PA 17065-1022 Borough of Mt. Holly Springs WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-NeOq Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC MORTGAGE CORPORATION, Plaintiff (s) From MARK W. MCALISTER A/KIA MARK KOHAN AND PATRICIA L. MCALISTER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $135,440.44 L.L. $.50 Interest FROM 10/26/06 TO 3/7/07 (PER DIEM - $22.26) -- $2,938.32 AND COSTS Atty's Comm % Atty Paid $132.16 Plaintiff Paid Due Prothy $1.00 Other Costs $3,002.00 Date: NOVEMBER 17, 2006 (Seal) Curti A. Long, nota By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 eel o?? Real Estate Sale # 47 On November 29, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, PA Known and numbered as 34 Liberty Drive, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 29, 2006 By: J n c? ? Real Estate Sergeant 0 ? : d I Z Qia 9601 Ji c ; THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Appro,, ed May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ...Sworn to and su ...:. .. .... ?%.'1.?.'u?rl?1? ............................. cri ed befe e? me thi WtAJ%9JFFpkRRVIWIk•D. SALE#47 I Notarial Seal Terry L. Russell, Notary Public Commission NOTARY PUBLIC of CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Ism MAE Off VARIA YMokAMISOW &We M..tVAhw wid A(lltyal?W?. DESCRrMN ALL THAT CEMAIN tract of lead situate in the Baoagb of Mt. Holly Sp[usgs, County of (omabmiand, and CommanweabII of Promylvartia. being more p7 bounded and described as follows, to wit BF.GIPMM at an iron pin sd on the soudonmost dedicated fight-of-way lies of 1f6ertyDtive, a fdty (50) foot Wide seat, said Pin madong the common pow of V*iVff of Lots #30 ad #31 w theUNW90rr 1111*00ecd plan of sumvislon; thane wcod* in sad, alma= the wAeromost dedicated D&4-way line of Linty Ddvc, by an arc or cure to the heft a riche of taro hrmdtod thireom and eigpty-tee hw dm*bs (2130 fed, a chard of one hoWned ten and aim'-ant hoadtrdtbs' (11066) feat an a badgg North sutty-tvw (62) de pees fir, (27) MAN fly-aye (41) N=6 Mast, for a arc 60" of use law" dwo aid wasy4w as 'bMI bow 4111.93) feet to au iron pia oa said dedicaaed line st Lot #57, *on opprtt frem the Ley Dtdue ad' eateadiog along Lot k v. 11"41L (46) degrees eleven (11) tie" muty4hme (23) seooads Lust, for a dMMM of fear Ltadsed' suayeght and flftrw btm*edds (468.51) fed to a seed pin;lbaace South aiuy-tali (62) degas ON (1) elnw ray (50) seaoeds West, for a distance of two MEW sin and twenty- 6& hondreft (20618) fed to a steel pin at L,ot #30; dmw extending along Lot #30, North twenty rAw (29) degtas 'fxty-eilk (48) mitsates dirty-line M +dter I Iwak rat' a1, distow of low hurdled ffi ty-two ad umnty- our bundiedtbs (432.21) feet to a steel pin set on the soak diluted v line of lAlw y Drive, said Paid matting the piece of BIMPOUNG. CONTAtQ M lAtSO airs, and being dew as Lot #31 on a final Plan of subdivision of l L'baty Woods p qaw for Liberty Aswn&s by Walter N. Heim Amen on, bore, dated December 8, 1989, and tecoaded is ilk tlfpeof ft Rook of DN6 in ad hr CtltdM Wl tOMW$ PlasDook61, atPWOL Uh81LBt AND YAWL NEVEIMMIA&. aG aiaMt no assliir m 4n rite on of haaaialeive saw iNA an eas?ats r eservatioos, and restrictions of prior record, as weal as to the (aftaving eaeditiaos and mamous to w" the hereby gmm parcel of land stall be and will rentain, ea*M LAI1 neddesdai Muctanes sball have a minimtan of 1100 square feet of finishing living floor area. 2. No mobile bum do be placed on any lot in this subdivision. 3. No dwoog.or stockpiling of materials of other Want shsll,, be permitted naf the accumulation of and, junk dr WAW a W valtsdm posit asar hittwdark of piaipw;i-? aaappapa 5_L ntsYast sial`?Iar uetlpeWNr `f then installation and maintenance of a sidewalk along * Ow _ fa ssw of 01* lot S'.11 0 aitoncocnnlpltbe atMhniare, Lux p? , ? ca"awted as per the Rwilicau s of the approved plan of subdivision. Ajk ltebihmtmoadl YM' dthe lY1atpw n of my atsileotdtd woomee. 7. A veddat" M MM aarJ 1111" awlft no MM411 ?e Of die hrt. LAUD b IMOPM tbis abd pore the develsper aM 1, - I iat option to SWAM the lot far due am p ice as den ariBlW purchase. An mw of NO or AM W*M lots need not coasb uct molt than ace residence on 11M lots. The Cirsasee, for its, ita succeow ad bgacoeptandtOfftsnndMAM means wilt the f Mfr its successors sad 21"K 60 the said restriedw ad ceadko shat} be deemed Ct7V1iIWM R.( 1Y M THE LAND, and dut in any deed of canvtymoe tc any person said restdcdm andawditions shall be komporared by Nkreace to this' I0dCOM and ro the racial Ihereaf AS filly IS though the) wort coapnied therein. Bia$IClA9 AILPOA9MOP'11feL1'SOW PR$IAM which Wrl M H. Nerdstmm. Executor of the Lod Will and Ted Of m Newburg Moat, aft R" E. Moore, by deed dated October 13, 1942, aW'MDosded in die office of rite Recorder of Dodds in and fat Cumberland County, Pemsylvama in Deed Book 35•Y, at page 238, gamed and coaveyed unto Liberty Associates, a PEMM9 p; the Grantor herein. PARCEL 11) # 23-35-2316474 RBL'ORD t')WM TITLE To SAO) PR6&ES IS'VLl3'i11D IN Mark w. McAlister and Forum L. McAlister. husband and wife, by Deed from L7 -duwwd-9R1?1?, wed .09tA1CL 19K in D"A Moak IIK rtre'M Paendaes: 34 Lhody Deane. WL NOW SyFkW PA 1706&1 2 d(WA?R IOW) PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 124?z_ 6-Aa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 2 --_day of February, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 47 Writ No. 2006-3604 Civil GMAC Mortgage Corporation vs. Mark W. McAlister a/k/a Mark Kohan and Patricia L. McAlister Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Mt. Holly Springs, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pin set on the southernmost dedicated right-of-way line of Liberty Drive, a fifty (50) foot wide street, said pin marking the common point of adjoiner of Lots #30 and #31 on the hereinafter mentioned plan of sub- division; thence extending in and, along the southernmost dedicated right-of-way line of Liberty Drive, by an are or curve to the left having a radius of two hundred thirteen and eighty-nine hundredths (213.89) feet, a chord of one hundred ten and sixty-six hundredths (110.66) feet on a bearing North sixty-two (62), degrees twenty-seven (27) min- utes forty-one (41) seconds East, for an are distance of one hundred eleven and ninety-three hundredths (111.93) feet to an iron pin on said dedicated right-of-way line at Lot #57; thence departing from the Lib- erty Drive right-of-way, and extend- ing along Lot #57, South forty-sine (46) degrees eleven (11) minutes twenty-three (23) seconds East, for a distance of four hundred sixty- eight and fifty-one hundredths (468.51) feet to a steel pin; thence south sixty-two (62) degrees one (1) minute fifty (50) seconds West, for a distance of two hundred six and twenty-eight hundredths (206.28) feet to a steel pin at Lot #30: thence extending along Lot #30, North twenty-nine (29) degrees forty-eight (48) minutes thirty-nine (39) sec- onds West, for a distance of four hundred thirty-two and twenty-one hundredths (432.21) feet to a steel pin set on the southernmost dedi- cated right-of-way line of Liberty Drive, said point marking the place of BEGINNING. CONTAINING 1.4180 acres, and being designated as Lot #31 on a final plan of subdivision of Liberty Woods prepared for Liberty Associ- ates by Walter N. Heine Associates, Inc. dated December 8, 1989, and recorded in the Office of the Re- corder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 64, at page 90A. UNDER AND SUBJECT, NEVER- THELESS, to all notes and restric- tions on the plan of subdivision hereinbefore mentioned, all ease- ments, reservations, and restric- tions of prior record, as well as to the following conditions and restric- tions to which the hereby granted parcel of land shall be, and will re- main, subject: 1. All residential structures shall have a minimum of 1100 square feet of finished living floor area. 2. No mobile homes shall be placed on any lot in this subdivi- sion. 3. No dumping or stockpiling of materials or other items shall be permitted nor the accumulation of any junk or unlicensed vehicles on any lot within said subdivision. 4. Tree removal shall be kept to a minimum to permit the construc- tion of a primary residence and ga- rage. 5. Lot owners shall be respon- sible for the installation and main- tenance of a sidewalk along the street frontage of their lot. Sidewalk construction must be completed within one year of lot purchase. The sidewalk must be constructed as per the specifications of the approved plan of subdivision. 6. The driveway to the house must be paved with the bituminous or concrete (???) within one year of the completion of any residential structure. 7. A residential structure must be completed and habitable within two years of the purchase price of the lot. Failure to accomplished this shall give the developer as exclu- sive option to repurchase the lot for the same price as the original pur- chase. An owner of two or more contiguous lots need not construct more than one residence on those lots. The Grantee, for itself, its suc- cessors and assigns, by acceptance of this indentures, agrees with the Grantor, its successors and assigns, that the said restrictions and- conditions shall be deemed COV- ENANTS RUNNING WITH THE LAND, and that in any deed of conveyance to any person said re- strictions and conditions shall be in- corporated by reference to this in- denture and to the record thereof as fully as though they were con- tained therein. BEING A SMALL PORTION OF THAT SAME PREMISES which Wil- liam H. Nordstrom, Executor of the Last Will and Testament of Ruth Newburg Moore, a/k/a Ruth E. Moore, by deed dated October 13, 1992, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-Y, at page 238, granted and conveyed unto Liberty Associates, a partnership, the Grantor herein. PARCEL IDENTIFICATION NO: 23-35-2316-074. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark W. McAlister and Patricia L. McAlister, husband and wife, by Deed from Liberty Associ- ates, dated 08/22/1998, recorded 09/02/1998, in Deed Book 184, page 901. Premises: 34 Liberty Drive, Mount Holly Springs, PA 17065- 1022, Borough of Mt. Holly Springs.