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Home My WebLink About11-0384Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. KIP SPANGLER CRYSTAL HERTZ 4390 CARLISLE ROAD GARDNERS, PA 17324-8932 Defendants FILED-OFFICE OF THE FROTHO40TARY 2011Jim'1J Am 0`39 ?!TY C111`?0'? , ATTORNEY FOR PLAINTIFF 258609 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. X1(- 30q 1.I ei' 74`44 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 258609 50 k 'a. ?,-? as3 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 258609 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: KIP SPANGLER CRYSTAL HERTZ 4390 CARLISLE ROAD GARDNERS, PA 17324-8932 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/29/2007 KIP SPANGLER and CRYSTAL HERTZ made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1986, Page 5024. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 258609 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2010 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. The following amounts are due on the mortgage: Principal Balance $155,657.42 Interest $3,864.09 07/01/2010 through 12/10/2010 Late Charges through 12/10/2010 $331.34 Escrow Deficit $3,967.57 TOTAL $163,820.42 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. File #: 258609 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $163,820.42, together with interest from 12/10/2010 at the rate of $23.9883 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and including but not limited to attorneys fees and costs for the foreclosure and sale of the mortgaged property. PHELAN HALLINAI`T CCUWG, LLP ? Lawren elan,Tsq., Id. No. 32227 / ancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 258609 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of land situate in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a concrete monument on the western dedicated right of way line of 50 feet wide PA 34 (SR 0034) at the dividing line of Lot 14 herein conveyed and Lot 13 as shown on the hereinafter mentioned Subdivision Plan; thence along said dedicated right of way line South 31 degrees 04 minutes 42 seconds West a distance of 451.57 feet to a point at the property line of lands now or formerly of Linda S. Harman and Donald Nace; thence along said lands North 36 degrees 32 minutes 40 seconds West a distance of 236.17 feet to a point on the dividing line of Lot 11; thence along Lot 11 and Lot 12 North 30 degrees 55 minutes 17 seconds East a distance of 361.87 feet to a point at the dividing line of aforementioned Lot 13; thence along Lot 13 South 58 degrees 56 minutes 55 seconds East, a distance of 219.37 feet to a concrete monument on the western dedicated right of way line of 50 feet wide PA 34 (SR 0034), the Place of BEGINNING. CONTAINING a net area of 1.9974 acres and being Lot 14 of the Final Plan of Michaux Meadows, Phase II dated November 1, 1990, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 64, Page 42. SUBJECT, however, to the restrictions contained in Deed Book 206, Page 17. SUBJECT, HOWEVER, to the following protective covenants recorded with the Subdivision Plan for Michaux Meadows, with which the Grantees, for themselves, their heirs and assigns to comply by the acceptance of this Deed: 1. No structure of a temporary character or trailer, mobile home, basements hack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. 2. No obnoxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may or may become any annoyance or nuisance to the neighborhood. 3. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot for any commercial purposes. File #: 258609 4. No lot shall be used or maintained as a dumping area for rubbish. Trash, garage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 5. No home having habitable floor space of less than 1000 square feet for a one-story and 1200 square feet for a two-story structure shall be erected or maintained on any lot. 6. No dwelling shall have an exterior finish or exterior color that would be offensive or in poor taste to the atmosphere maintained by the balance of the homes in 'Michaux Meadows'. 7. No vehicles shall be abandoned or stored on any lot. All vehicles kept on any lot shall have a current state inspection sticker. UNDER AND SUBJECT to rights granted to a Highway occupancy permit as set forth in Misc. Book 691, Page 213 for said SR 0034. Requiring Grantee its heirs and assigns to purchase, maintain and install R3-2 signs and said Grantee shall be responsible to keep vegetation trimmer in order to maintain minimum sight distance. No objects may be placed in the line of sight. PROPERTY ADDRESS: 4390 CARLISLE ROAD, GARDNERS, PA 17324-8932 PARCEL # 08-15-0199-033 File #: 258609 Dan R. DuWer VERIFICATION Downem Control Ofter hereby states that he/she is of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC., that he/she is authorized to make this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. 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: J Lu? r, 1--0 PHS#: 258609 Name: bKL4-OF (L Title: -Vol OYNOI Servicer: CITIMORTGAGE, INC. Name: SPANGLER SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-OFFICE i THE PR TH ?r'0TA 2011 FEB -9 AM 9. 00 Citimortgage Inc vs. Kip Spangler (et al.) Case Number 2011-384 SHERIFF'S RETURN OF SERVICE 02/01/2011 03:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2011 at 1520 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Crystal Hertz, by making known unto herself personally, at 4390 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY 02/01/2011 03:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2011 at 1520 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kip Spangler, by making known unto Crystal Hertz, adult in charge at 4390 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY SHERIFF COST: $53.90 February 03, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 7 ? CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA , V . ? r" 43 , NO. 2011-384 CIVIL TERM f2 ' KIP SPANGLER and CRYSTAL HERTZ, CIVIL ACTION .v, Defendants J ;, - ANSWER AND NEW MATTER , w= NOW, come Defendants, Kip Spangler and Crystal Hertz, by and through their attorneys, BARIC SCHERER, and file the within Answer and New Matter and, in support thereof, set forth the following: ANSWER 1. After reasonable investigation, Defendants are without knowledge or information sufficient as to the truth of this averment. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendants have made payments, which the Plaintiff has not properly credited, as stated in the New Matter. 6. It is denied that the Plaintiff owes the amounts set forth in the Complaint and strict proof of the same is demanded at the time of trial. 7. These averments are conclusions of law to which no response is required. 8. Denied. Defendants have not received a Notice of Intent to Foreclose as set forth in Act 6 of 1974 or Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983. r NEW MATTER 9. Defendants incorporate by reference paragraphs 1-8 as though set forth at length herein. 10. On or about September 30, 2009, Defendant Crystal Hertz mailed a check for $2,621.90 to Plaintiff CitiMortgage, along with a letter stating that the check was to pay off the debt owed from the Defendants' 2009 real estate tax. 11. Instead of applying the $2,621.90 to the Defendants' escrow account, which was the account billed for paying the real estate tax, Plaintiff apportioned the money from the check as follows: $ 198.76 toward principal $ '740.14 toward interest $ 797.64 toward escrow + $ 832.48 unapplied $ 5.94 servicing fees $ 46.94 late charge Total: $2,621.90 12. As for the remaining $832.48 of unapplied funds from the September 30, 2009 check, it is unclear how this amount was applied; the next CitiMortgage statement, dated November 17, 2009, showed unapplied funds amounting to negative $832.48, while the payments received totaled only $5.94. 13. As a result of the misapplication of the September 30, 2009 check, Defendants' monthly payments were increased by Plaintiff CitiMortgage to account for the money owed to the escrow account. 14. The result of the misapplication of the September 30, 2009 check and the increased monthly payments was that Defendants could not meet these monthly payments; this in turn led to the current foreclosure action. 15. The escrow payment of $ 797.64 and other required escrow payments in the wake of the misapplication of the September 30, 2009 check far exceeded the federal guidelines, which require that a modification not result in payments exceeding 31 % of a party's income. 16. In a letter dated February 3, 2011, Plaintiff CitiMortgage stated the terms of a trial period plan, under which Defendants' mortgage would be permanently modified after three payments. 17. The letter dated February 3, 2011, was sent in response to a prior phone call between Plaintiff CitiMortgage and Defendants, during which Plaintiff CitiMortgage extended an offer of a new payment plan with the first payment to be due on February 1, 2011. 18. Despite the letter dated February 3, 2011, Defendants were served with the current foreclosure action on February 1, 2011, without any prior notice of the terms of the new payment plan and the foreclosure action. 19. Plaintiff CitiMortgage also stated in the letter dated February 3, 2011, that Defendants did not meet all of the criteria for the HAMP program. 20. Defendants aver that they qualify for assistance under the HAMP program, which would preclude the foreclosure action. 21. Under the federal guidelines, the mortgage modification should not result in payments exceeding 31 % of the Defendants' income. 22. To comply with the federal guidelines, the monthly payment rate should be decreased while time is taken by Plaintiff CitiMortgage to evaluate the inaccuracies in the payment history of Defendants. 23. Defendants have substantial equity in their home, and a forced foreclosure will cause a substantial financial loss to the Defendants. 24. Finally, Defendants have not received a Notice of Intent to Foreclose as set forth in Act 6 of 1974 or Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, despite the initiation of the present foreclosure action. Wherefore, Defendants request that this Court enter judgment in favor of Defendants and against Plaintiff. Respectfully submitted, BARIC SCHERER Date: February 18, 2011 Bret P. Shaffer, Esquire I.D. # 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendants VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information, and belief. This verification is signed by Bret P. Shaffer, Esquire, Attorney for Defendants and is based upon the statements provided by Defendants, as well as documents reviewed by the undersigned as attorney for Defendants. This verification will be substituted and ratified by a verification signed by the Defendants who are presently unavailable to sign. said verification. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Bret . Shaffer, Esquire Dated: f? /? CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. 2011-384 CIVIL TERM KIP SPANGLER and CRYSTAL HERTZ, CIVIL ACTION Defendants CERTIFICATE OF SERVICE I, Bret P. Shaffer, do hereby certify that on February 18, 2011, I caused to be served, a true and correct copy of Defendants' Answer and New Matter by first class mail, postage prepaid as follows: Allison F. Wells, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Bret P. Shaffer, Esquire I.D. # 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-384 CIVIL TERM gym KIP SPANGLER and CRYSTAL HERTZ, CIVIL ACTION -tom rv ? fl° Defendants C'7 -rz PRAECIPE TO ATTACH SUBSTITUTE VERIFICATIONS -- Please attach the following two Substitute Verifications to the Answer and New Matter filed in this matter on February 18, 2011. Respectfully submitted, BARIC SCHERER Date: April 12, 2011 Bret P. Shaffer, Esquire I.D. # 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendants VERIFICATION I, Kip Spangler, verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information, and belief. I hereby ratify the verification previously supplied by my attorney, Bret P. Shaffer, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. " (1 Date: 3 / 30 ip Spangler 4390 Carlisle Road Gardners, PA 17324-8932 VERIFICATION I, Crystal Hertz, verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information, and belief. I hereby ratify the verification previously supplied by my attorney, Bret P. Shaffer, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Date: 1 I A'JA'Z , /' Crystal Hertz 4390 Carlisle Road Gardners, PA 17324-8932 CITIMORTGAGE, INC., Plaintiff v. KIP SPANGLER and CRYSTAL HERTZ, Defendants IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-384 CIVIL TERM CIVIL ACTION CERTIFICATE OF SERVICE 2011, I caused to be I, Bret P. Shaffer, do hereby certify that on served, a true and correct copy of Defendants' Praecipe to Attach Substitute Verifications by first class mail, postage prepaid as follows: Allison F. Wells, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Bret . Shaffer, Esquire I.D. # 309180 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendants 11 V1 FILED-OFFICE 1;F THE PROTHONOTARY n11 DEC 21 PM t : 46 CUPENNSYLVAN A jY PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Attorney for Plaintiff Citimortgage, Inc. COURT OF COMMON PLEAS Plaintiff Cumberland County CIVIL DIVISION VS. Kip Spangler Crystal Hertz Defendants No. 2011-384- CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, Citimortgage, Inc. , by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendants Kip Spangler and Crystal Hertz and states as follows: 9. Plaintiff incorporates by reference paragraphs one through eight of its Complaint in Mortgage Foreclosure as if set forth at length herein. 10. Denied as stated. Defendants have failed to provide a copy of the check in the amount of $2,621.90 for the 2009 real estate taxes. By way of further answer, under the terms of the Mortgage, Plaintiff advanced escrow and thus imposed an escrow account on the loan after notice to the Defendants. All payments were applied consistent with the terms of the mortgage. A copy of the mortgage, redacted to remove account identifying information, is attached hereto, 258609 I incorporated herein and marked as Exhibit A. 11. Admitted. 12. Denied as stated. The remaining funds were insufficient to make a monthly mortgage payment and thus were placed into suspense pending receipt of additional funds necessary to make a regular monthly mortgage payment. 13. Denied. At the time, Defendants attempted to make the payment of $2,621.90, the monthly payment had already been adjusted and an escrow account established consistent with the terms of the Mortgage due to an advance for delinquent taxes in July 2009. Strict proof to the contrary is demanded. 14. Denied. The averment contained in paragraph fourteen is a conclusion of law to which no response is necessary. Strict proof is demanded. 15. Denied. The averment contained in paragraph fifteen is a conclusion of law to which no response is necessary. Strict proof is demanded. By way of further answer, the averment has no bearing on Plaintiff's rights under the mortgage to impose an escrow account. 16. Denied as stated. In February 2011, Plaintiff extended a trial HAMP modification plan to the Defendants which provided for them to make three consecutive payments at an adjusted rate of $1,217.97. Under the HAMP guidelines at that time, if the Defendants made all three payments, they would be reviewed again for a final modification. 17. Admitted. 18. Admitted. By way of further answer, the Complaint in Mortgage Foreclosure was filed January 19, 2011. Plaintiff served the Defendants with the then-required combined Act 6/Act 91 Notice on October 25, 2010. When Defendants failed to cure the default, Plaintiff began the process of proceeding with the foreclosure action. 19. Admitted. 258609 I 20. Denied. The averment contained in paragraph twenty is a conclusion of law to which no response is necessary. Strict proof is demanded. 21. Denied. The averment contained in paragraph twenty-one is a conclusion of law to which no response is necessary. Strict proof is demanded. 22. Denied. The averment contained in paragraph twenty-two is a conclusion of law to which no response is necessary. To the extent that a response is required, there are no inaccuracies with Plaintiff's payment history. Plaintiff lawfully imposed an escrow account after paying delinquent taxes in July 2009 and thus the monthly mortgage payment increased. Strict proof to the contrary is demanded. 23. Denied. The averment contained in paragraph twenty-three is a conclusion of law to which no response is necessary. Strict proof is demanded. 24. Denied. It is specifically denied that Defendants were not served with the required Act 6/Act 91 Notice. Copies of the combined Act 6/Act 91 Notice are attached hereto, incorporated herein and marked as Exhibit B. They have been redacted to remove personal account identifying information. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP T L\Jc? Date: 1-& 0 { BY: LAAtto qhSchMk,' Esquire ey for Plaintiff 258609 EXHIBIT A rp a 165o f U-O-Zx V., Rl P. '11ULER "Oa P. OF DEED 3 ... .... 31!4 ?. t 1 .. tip? MR 30 PM 1 34 1Spaee Above TbL Ltne For RewrdWg Drs) MORTGAGE MIN 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 Instrument" means this document, which is dated March 29, 2007 , together with all Riders to this document. (B) 'Borrower" is KIP SPANGLER and CRYSTAL HERTZ Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgape 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, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Taylor, Bean S Whitaker Mortgage Corp. Lender is a organized and existing under the laws of FL Lender's address is 1417 North Magnolia Ave, Ocala, FL 34475 (E) 'Note" means the promissory note signed by Borrower and dated March 29, 2007 . The Note states that Borrower owes Lender One Hundred Slaty Three Thousand One Hundred and nof100 Dollars (U.S. $163,100.00 } plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 01, 2037 (F) "Property" means the property that is described below under the heading `Transfer of Rights in the Property.,, (G) "Loan" 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. PENNSYLVAMA-Single FwWy--Fa=me hi"Nreddk Me UNIFORM INSTRVN Ehfi Form 3039 tat ITEM T2?W1 (W 1}--AEg6 (Page I of 16Mer) To Wrow ru:14MS30-QM O t?nM-11111191 •02409MIN31W SK 1986PG5024 Inert 1F 7nn71n?.nr. - P.a 1 of 17 (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 Second Home Rider 17 Balloon Rider ? Planned Unit Development Rider Other(s) [specify] ? 1-4 Family Rider Biweekly Payment Rider (I) "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. (3) "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. (K) "Eleclronk Funds T7ransfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic 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 transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous 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 part 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) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic 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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 CF.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, "BESPA" refers to all requirements and restrictions that are imposed in regard to a PENNSYLVANIA--Single Family-Faaafe MadFreddle brae UNEFORM triMUMEKr Fong 3639 Lpl AND ITEM T276or2 (0011) -AERa (Page 2 of 16 pages) To Qdw CN: t-00-5*I a30 9 "51 i9 81 8KI986PG5025 1210312010 9.15:50 AM CUMBERLAND COUNTY Inst.# 200710506 - Page 2 of 17 11 'federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor La Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instnunent 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 under 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 rrypt of Recording uriQdic?ion) of Cumberland [Nano of !recording IOrisdiodonl See Attached Exhibit A. which currently has the address of 4390 Carlisle Road [stay Gardners , Pennsylvania 17324 ("Property Address"): [City) [zip code) 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 MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as 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. PENNSYLVANIA--Sinsle Fuaily-Farnic MaaWreddie Mw UNIFORM INSTRUMENT Forme 3M 3961 REM 72760[.7(001 t }? (Page 3 of M pages) To 0nW Cat r-0W5304 E] i ri 8KI986PG5026 - uinrm n uin rni ike rv t-t s 7nn71 MrA - PnnP s of 17 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 insuunrent 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 funds 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 check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender 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 forms, as selected by Lender: (a) cash; (b) money order; (c) wed check, bank check, treasurer's check or cashier's chock, 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. Payments are deemed received by Leader 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 does 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 under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applividlon 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 became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due 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 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 PENMYLVANKA-Skoe rt+u Wye-Fannie MaeWreddle Mac UNMRM 1PiMIL MEN1T Form 3039 U01 ITEM rZ76OL4 (0011}--rr6R8 (Page 4 of 16 pages) T& OxW 091; i lOPS1 NW O rst 8/8-191-1191 BK t 986PG5027 o,mnn,n T,R.9,nne r1l 1hoprQ1AranrniIKITV Inct#?Of171nfinR-Ponn4of17 Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for F.acmw Items. Borrower shall pay to Lender on the day Periodic Payments arc due under the Note, until the Note is paid in full, a sum (the "Funds'l to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a hen or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Leader may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lander waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lander may waive Borrower's obligation to pay to Lander Funds for any or all Escrow hems 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 Larder 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, Lander 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. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in aoeadance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amwunts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data 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 Leader 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 Fonds, 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 can agree in writing, however, that interest 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 cwww, as defined under RESPA, Lender shall account 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 PENNSYLVANIA-Singe RnWy-Famk MadFreddk bloc UNIFORM IMMUMENT Form 3M LVI ITEM T2?GU3 (0071)-HEIR (Page S of l6 Pages) To 01" CQk 14K*L*M O Z "41?191v-1Ai3011 BKI986PG5028 • •- •?? • ?? .. ra 10 lOCrn n kin rni WTV In¢t * ?W7105(7fi - Pann 5 0f 17 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 amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasebold 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 marcher 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 may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower small 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 Leader requires insurati e. This insurance shall 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 tam 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 not be exercised unreasonably. Lander 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 zone 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 connection with the review of any flood zone determination resulting from an objection by Borrower. 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 leaser 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 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. PENMYLVAMA.-single Family--Foaote MadFreddic Mac UNMORM DG RUMMNT Form 3M rql nrw1274Ma(am1?-@ (Page 6of16page) ToOxwQN!t KJO4*$MD?r8?1 BK 1986PG5029 - wnrnt nwin nno urrv Inet A?nO7inr%ns - Pane A of 17 All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss 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 premiums and renewal notices. If Borrower obtains any farm of insurance coverage, not otherwise requited by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender 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 bold such insurance proceeds until Leander 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 disburse proceeds for the repairs and restoration in a single payment or in a aeries of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requites 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 shall 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 insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, them Lender may negotiate and settle the claim. 7be 30-day period will begin when the notice is given. In either event, or if Leader 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 under the Note or this Security Inamme nt, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lander 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:. 6. Occupancy. Borrower shall occupy. establish, and use the Property as Borrowers 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 !carat one year after the date of occupancy, unless Lender otherwise agrees in writing, which oonseant shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Presemdon, Maintenance and Proteedwa 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 rdeased 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 PENNSYLYAMA-Single Family-Famie Maeffl"ddle Marc UN ORM RMXUMWF Form 303P L-101 ITEM TVOM7 (cot 1)-IE11i (Page 7 of !d pagu) Tv OMw lam: I-WD-WO-M O 11 BK 1986PG5030 +nInainnln n.ig?cn ten f 1144RFZDI aAlll rni INN Inst # 2n07jf)5nR - Pane 7 of 17 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 nay make reasonable entries upon and inspections of the Property. If it has reasonable cause, Leader 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 seasonable cause. & Borrower's Loan Appikadon, 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 Lender (o: 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. Protec" of Lender's Interest in the F"pRrty std Rights Under this Security Instnament If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which spay attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Ptoperty, then Lender may de 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 Instnmuent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Pmpenty includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doers 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, Leander 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. Any amounts disbursed by Leander under this Section 9 shall become additional debt of Borrower secured by this Security Instrunrwtt. 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 Instr uneunt is on a leasehold, Borrower shall comply with all the provisions of the lease, U 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. Mortpp Insurance. If Lender required Mortgage Insurance as a condition of snaking the Loans, Borrower shall pay the presniuuns 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 insum that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the pnnniums 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 shat] be non-refundable, PENNSYLVANIA-.Slagle Family-Fararte hfadFnddk Mae UNIFORM IN3TRMUN't Form 303!' 1N1 eiNEA11.AND a sew 72711 a 10011)--ins (Page 8 of 16 pag-) b ddw Cal: t?5*43 r O /e 6t6 79t-it8t BXI986PG503I ?? u?ocni 1%un rni 11,1Tv Inct *?nn71nsOR - Pang R of 17 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 effect, or to provide a non-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 force 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 thew agreements. These agreements may require the mortgage inp= to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums). As a result of these agreements, Lender> any pumbaser 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 meet the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loam. Such agreements will not inerew the amount Borrower will owe for Mortgage Inwrance, and they will not entitle Borrower to any refti nd. (b) Any such agreements will not affed the rights Borrower has-4f any-witlt respect to the Mortgage Insurance under the Homeowners Protection Ad of IM or any other law. These rights may include the right to recdve ecrtain disdowues, to requast and obtain canodladon of the Mortgage insurance, to have the Mortgage Insurance teivaim ded automatically, and/or to receive a rdb ad of any Mortgage Insurance premiums that were unearned at the tune of such cancellation or termloadon. 11. Assignment of Miscellaneous Proceeds; Foddtere. 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 Leader's security is not lessened. Dining 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 payments as the work is completed. Unless an agreement is made in writing or Applicable Law requites interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Landices security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the PENNSYI.VAIVIA-Singk Firaily-Fanak M effro dk Mae UNWORM U49MUMENC Form 31W W1 rt-Ea T7Ja0LB (0011)11[Ra ciMATLANn i (Page 9 of 16 pages) To sew err: saoo-sTO.atrsowa W-M-rest BKI986PG5032 CI ueocoi Akin rnl IMTV ino At m 17lMnR . Pane q of 17 excess, if any, paid to Borrower. Such Miscellaneous Proceeds 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 sums 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 value 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 Instrument 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 Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the suers 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 Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cue such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Leader'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 stuns 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. Leader 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 stuns 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. pENNSYLVANIA-Senate Family Famte h1wNraddk Mae UNMRM U11MUMEN'r Form 3039 V01 GFWATIAW ¦ ITEM T276MIO (0,011 )--WM (Page 10 of 16 pnesJ To pAw gr:1-SM430-M 0 he 81&741-1171 BKI986PG5033 ni 1640CM Akin rni ieiTV Incr $ ?0n710rAA - Pnno 10 of 17 13. joint and Several Liability; Co-signers; Successors and Assigns Board. 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 secured 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 00-signer's consent. Subject to the provisions of Section 18, 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 shall 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 malting 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 out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in wasting. Any notice to Borrower in connection with this Security Instrument shall be deemed to 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 Lenderof Borrower's change of address. If Leader specifies a procedure for reporting Borrowee 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 herein unless Lender has designated another address by notice to Borrower. Any notice in connexion 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. GovwWag Law; Severabiilty; Rules of CoastruMon. 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 PENNSYLVANIA-SuWk Family--Famk MadPreddfe Mae UNWORM DETRVMExr Ebner 30M IMI GA"T1AND ¦ ITEM TVOOL1t MCI lk-&WJW (Page 11 of 16 pages) To OmW CM:141WMSM odeer OWM-1131 8K1986PG5034 .n.ro r+n.n r..,c.cn Al. ri lA/IRCOI AMn rni WTV Inert#?On71nsofi-Pang 11 of 17 11f 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) wads 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. Transkr of the Property or a Bee> WWW Inbarait 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 dead, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future 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 Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Insmimemt. 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 roust 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 Rehotate Alter Acoeleradon. 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 pnnuant 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 aunts which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any outer covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' 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 Leader 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 mom of the following fbims, 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 IS. 20. Sale of Note; Change of Loan Servicer; Node* 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 Serviccej that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing PENNSYLVAMA-Single Family-Famk M eWreddle Mac MFORM 1r1.f4T WENT Foray 3039 W1 GREATLOM r ITEM T77ML12 (WI1>-WFIS (Page 12 of 16 pages) 1o adw ac i-4oasr0-9aaora&II&M-1131 BKI986PG5035 +omzi?n+n n +S sn n n, ri IeARFfR GNn rrv INN Inct # gnWinsnf; - Pane 12 of 17 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 Loan 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 Servieer 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 Teasonable 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 takan, 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 Sabstaaees. As used in this Section 21: (a) "Hazardous Substances" are those substances damned 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 "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 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 affecting 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 private party involving the Property 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 renediation 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. PENMYLVANU-Single Family- Faunle M*W7mddk Mee UNIFORM INSTRUMENT Form 31i. IMI GREATIANO ¦ ITEM T17aM13 (0011)-WFW (Page 13 of 16 pager) To O,dw CAI: 141046100.10311 Of 1016-71"-1131 Bit i 986PG5036 "^'^^ ^^"^ ^•"^?^ ^ ^• r1 "IOCO1 vein f ni ierrv Inert t!?nn7lnSna - Pana 13 n1 17 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; ReumAks. Lender sba8 give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement is this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the ddtWt; (b) the action required to cwe the ddn*, (c) when the detitult must be cured; and (d) that Wm to core the default as speclAed may result in acceleration of the antes secured by this Security InsbrIament, foreclos ure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after soceleradon and the right to assert in the foreclosure proceeding the mon-exdateacs of a deb aft or any other defense of Borrower to acceleration and foreclosure. It the de"t Is not cured as specified, Leander at its option may require immediate payment in DA of all sums secured by this Security Iasbuisa mt without further demand and may foreclose this Security Lrtrnasesnt by judicial proceeding. Lender sha8 be entitled to collect all expenses incurred in paasaiag the remedles provided In this Section 22, lmdmdtmg, but not Buffed to, attorneys' fees and costs of fife evidence to the eload permitted by Appikable Law. 23. Release. Upon payment of all sums secured by this Security Inatniment, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costa. Lender may charge Borrower a fee for releasing this Security InstrumeM 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. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any at" 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. Relostatem eat Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sberitl"s sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 29. Interest Rate After Judgrtaent. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PEINMYLVANIA-Single Family--Faook M*&Treddie Mac UNIFORM INST UhVR 1T Form ass! 1N1 ITEM TZMM14 (cot 1)-?IeM (Page 14 of 16 pages) n adw ar: ?aoasrapara ?sy 8K 1986P&5037 n. Henrrn nun r" JK'rV i-t a ?nn71n-AR - pans 14 of 17 TIN BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 16 of this Security Instrutnent and in any Rider executed by Borrower and recorded with it. ' (Seal) ? B Sew) Kip Spengler -Borrower l HotZ (Sew) (Seal) -Banower -Borrower (Seal) (Seal) -- -Ekxmwcr -Bonower 1 ?i Witness: 8LI t PENNSYLVANIA--Single Eunity Famle MwBrsddle We UNIFORM U4MUMENT Form 30M U01 GWA7LAM ¦ ITEM 727MLIS tow i}-line (Page 15 of 16 pager) 70 aa.r cat i-eoo-s30.9m DFIX 515-M-11 31 8KI986PG5038 ^?^^•^^•^ ^• ^•• rl11ADC01A1.1rlrnlJFJTV incttt7nn71nsnfi_Pnnra15nf17 U State of ffllf t,1?S?j tv?ll.a- County of Paa i)S n this the II ;a01 "day of [r? ,a0O-j before me, !L &r)fC j the undersigned officer, personally appeared +-t V-; -p *(I, Kr if 0,rLjcsW3, U01Z- known to me (or satisfactorily proved) to be the persorGs whose nam© subscribed to the within instrument and acknowledged that * executed the same for the therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official sea]. r My commission expires: COMMONV&ALTH OF SYLVANIA NotwWSW Renee Hw*W.Noteryt'ubYc After Recording Return To: My Ca f>? W EV Nov 10 PATRICIA A. BLACK ABSTRACTING Member. Pennsylvania AssootsWR of N08402 28 E. HIGH STREET GETYSSURG , PA 17525 CERTIFICATE OF RESIDENCE I, ?A fUc;ki) n &- "%A do hereby certify that the correct address of the within named lender is 1417 North Magnolia Ave, Ocala, FL 34475 Witness my hand this /?-t day of (YbS-d\ i (:crti N this to be recorded AIWA of La W n Cumberland County PA ?YBtVTI itlf!AFy?iigl?amily1*e&*ne&U Mae t.TNMRM MTRU&wsT aa?s loot ?l-hens (Page 16 of 1b pages) Recorder of Deeds 8KI986PG5039 ••• ?.? r.`? rl mAoc01 Aein rni inrrv Form 3®Nsl T. QV.Q1:1,Mwm%o. r Ino # 20n7ln,, - PanA 16 of 17 Legal Description Borrower(s): Kip Spangler and Crystal Hertz Property: 4390 Carlisle Road, Gardners, Pennsylvania 17324 Tax ID No.: 08-15.0199-033 ALL that certain tract or lot of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a concrete monument on the western dedicated right of way line of 50 foot wide PA 34 (SR0034) at the dividing tine of Lot 14 herein conveyed and Lot 13 as shown on the hereinafter mentioned Subdivision Plan; thence along said dedicated right of way line South 31 degrees 04 minutes 42 seconds West, a distance of 451.57 feet to a point at the property line of lands now or formerly of Linda S. Harman and Donald Nace; thence along said lands North 36 degrees 32 minutes 40 seconds West, a distance of 236.17 feet to a point on the dividing line of Lot 11; thence along Lot 11 and Lot 12 North 30 degrees 55 minutes 17 seconds East, a distance of 361.87 feet to a point at the dividing line of aforementioned Lot 13; thence along Lot 13 South 58 degrees 56 minutes 55 seconds East, a distance of 239.98 feet to a concrete monument on the western dedicated right of way line of 50 foot wide PA 34 (SR 0034), the place of BEGINNING. CONTAINING a net area of 1.9974 acres and being Lot 14 of the Final Plan of Michaux Meadows, Phase ti dated November 1, 1990, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 64, Page 42. BEING the same which Lynn E. Sowers and Martha G. Sowers, husband and wife, and Roger E. Sowers and Lois Sowers, husband and wife, by Karl E. Sowers, Attorney-in-Fact, and Karl E. Sowers and Gloria M. Sowers, husband and wife, and Chester E. Chronister, Administrator of the Estate of Leona S. Chronister, by their deed dated November 15, 2006 and recorded November 21, 2006 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 277 at page 3291, sold and conveyed unto Larry V. Neidtinger and Mary Jo Neidlinger, husband and wife, the Grantors herein named. BKI9BGPG5040 •• ri.unrn< n??n ?ni v.trv ??ar a 7nn71mng - PnnR 17 of 17 E THIS MORTGAGE is made on MORTGAGE AUGUST 12, 2008 CRYSTAL HERTZ AND KIP SPANGLER between the Mortgagor, (herein "Borrower"), and the Mortgagee, FRANKLIN COUNTY TEACHERS' CU , a corporation organized and existing under the laws of PRNNSYT.UANTA whose address is 1156 KENNEBEC DRIVE, CHAMBERSBURG, PA 17201 (herein "Lender"). WHEREAS, Borrower is indebted to Lender in the princippal sum indebtedness is evidenced by Borrower's note dated 08-12"2008 (herein "Note"), providing for monthly installments of principal indebtedness, if not sooner paid, due and payable on 08-15-2018 of U.S. $ 10, 000.00 , which and extensions and renewals thereof and interest, with the balance of the TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND , State of Pennsylvania: DEED DATED MARCH 29, 2007, RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE, BOOK VOLUME 279, PAGE 1822, DICKINSON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA. (PARCEL #:08-15-0199-033) which has the address of 4390 CARLISLE ROAD GARNERS (Street) 17324 Pennsylvania (herein "Property Address"); (City) r v'oeer TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including con- dominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. tPA270fLASEP)6e48LL 11 Is A-1 -M / ^t IhITV Inef A )nnA?Rrnn. Pane 1 of R REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. Wi Witness X X Witness Witness X (7kasJkL- CRYSTAIJHERTZ Borrower, X / .._? KIP SPANGLER Borrower X Borrower X Borrower !Sign Original Only/ I hereby certify that the precise address of the Lender (Mortgagee) is: 2156 KENNEBEC DRIVE CHAMBERSB O1 On behalf of the Lender. By: Title: r.PWT.RAT. MANACIF.R COMMONWEALTH OF PENN?YJWANIA FRANKLIN On this the 12th day of AUGUST JULIE L MON5;NUTAKY-PUBLIC County ss: _ 2008, before me, _ the undersigned officer, personally appeared CRYSTAL HERTZ KIP SPANGLER known to me (or satisfactorily proven) to be the person(s) whose name ) are subscribed to the within instrument and acknowledged that they executed the same for the rose he ein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: NOVEMBER 20, 2008 NO ARY P LIC Title of Officer COMMONWEALTi, OF PEN Notarial Seal . June L. Koons. Notary public 01ambersburg BoM, Franldin Corm ': s ?• _ My Commission Expires Nov. 20, 2008 Member, Pennsviv SniS ASEOcialiol, Of Nolanes EPA218 (LASER) 8848LL 12/012010 9:16:59 AM CUMBERLAND COUNTY lnst.# 200828600 - Page 5 of 6 T9f ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200828600 Recorded On 8/22/2008 At 8:44:38 AM * Instrument Type - MORTGAGE Invoice Number - 27535 User ID - KW * Mortgagor - HERTZ, CRYSTAL * Mortgagee - FRANKLIN COUNTY TEACHERS' CU * Customer - FRANKLIN COUNTY TEACHERS * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $13.50 $11.50 $2.00 $3.00 $40.50 I Certify this to be recorded in Cumberland County PA * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. of C ve ,o L 04 RECORDER O D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 12103/2010 9:16:59 AM CUMBERLAND COUNTY Inst.0 200828600 - Page 6 of 6 EXHIBIT B REPRESENTATION OF PRINTED DOCUMENT CitiMortgage 7107 8381 6540 8962 1480 10/25/10 53428 000463 KIP SPANGLER CRYSTAL HERTZ 4390 CARLISLE RD GARDNERS PA 17324-8932 RE: CitiMortgage Loan #: ACT 91 NOTICE C00N. l l www.citimortgage.com TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE U- 0 N This is an official notice that the mortgage 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 EMERGENCY 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 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869). 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. PUEDES 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. Q ®2010 CitiMortgage. Inc. CitiMortgage. Inc does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service - marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT III CitiMortgage www.citimortgage.com LL 0 N 4 v 0 M r Page Two 10/25/10 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: REPRESENTATION OF PRINTED DOCUMENT r? Itl Kip Spangler Crystal Hertz 4390 Carlisle Road Gardners,PA 17324 LOAN ACCT. NO.: ORIGINAL LENDER: ay or, Bean & Whitaker Mortgage CURRENT LENDER/SERVICER: CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. 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 (plus three (3) days for mailing). 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 THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. 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. e ®2011 CitiMortgage, Inc. CitiMortgage, Inc does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service m- marks of Citigroup Inc.. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT CitiMortgage Page Three 10/25/10 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 locatted 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. citi www.citimortgage.com 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). 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 o have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA within thirty (30) days of your, face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 proceeding 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.) ®2010 CitiMortgage. Inc CitiMortgage. Inc does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service _ _ marks of Citigroup Inc *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT Tff REPRESENTATION OF PRINTED DOCUMENT CitiMortgage Iti www.citimortgage.com LL W O N 0 h Page Four 10/25 10 HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your prop erty located at: 4390 Carlisle Road., Gardners, PA 17324 IS SERIOUSLY IN DEFAULT becau se YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 08/01/10 thru 09/01/10 2 @ $1,308.94/month 2 @ $46.94/late charge/month $2,711.76 10/01/10 thru 10/01/10 1 @ $1,281.72/month 1 @ $46.94/late charge/month $1,328.66 Previous late charge(s) $143.58- Delinquency Expenses(s) $163.50 TOTAL AMOUNT PAST DUE: $4,347.50 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 $4,347.50, PLUS ANY MORTGAGE PAYMENTS, LATE CHARGES AND DELINQUENCY EXPENSES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 689196 Des Moines, IA 50368-9196 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 [2 ©2010 CitiMortgage, Inc CitiMortgage, Inc does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service mm marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT REPRESENTATION OF PRINTED DOCUMENT CitiMortgage Page Five 10/25/10 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) DAY 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 the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs o connected with the Sheriff's Sale as specified in writing by the Curing your default in the manner set forth in this notice will g restore your mortgage to the same position as if you had never defaulted. n 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 Sheriff's 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: Address: Phone Number: Fax Number: Contact Person: Email Address: CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368-2240 1-800-723-7906 1-636-261-7716 Adam Saab ryan.ollier@citi.com C40M. i e www.citimortgage.com ®2010 CitiMortgage. Inc CitiMortgage, Inc does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Ceti and Arc Design are registered service av=H marks of Citigroup Inc 'Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT n REPRESENTATION OF PRINTED DOCUMENT :_- CitiMortgage Page Six 10/25/10 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. cA40.0% i e www.citimortgage.com ASSUMPTION OF MORTGAGE-Please refer to your original loan documents to determine whether or not you may 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 call the 1-800 Number above to find out whether your loan is assumable. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR LL TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. N * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 0 c? * 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 OTHER 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. Enclosure: Consumer Credit Counseling Agencies, including those for your county. 101025DO001156 .ri ®2010 CitiMortgage, Inc CitiMortgage. Inc does business as Citicorp Mortgage in NM. CitiMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Citi and Arc Design are registered service X marks of Citigroup Inc. *Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. INTERNET REPRINT TW VERIFICATION Dan Fitzgerald hereby states that he/she is theo,r,,,,,,.k ,Jfj oU?aor CitiMortgage, Inc., the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Reply to New Matter are correct to the best of my knowledge, information, and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Name: Dan Fitzgerald Title: Dowinwt Oar" Oftw LT - PHS# 258609 (Kip Spanger and Crystal Hertz) REPLY TO NEW MATTER Tv- 1 11 T? ROTHONOTAR'? 7611 atc 21 Ph 1-.46 cuMDERR $00 COUNTY PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification. No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Attorney for Plaintiff Citimortgage, Inc. VS. Kip Spangler Crystal Hertz COURT OF COMMON PLEAS Plaintiff Cumberland County CIVIL DIVISION Defendants No. 2011-384- CIVIL TERM CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was sent via first class mail to the persons listed below on the date indicated: Bret Patrick Shaffer, Esquire 19 W. South Street Carlisle, PA 17013 Date: 1Zl 14 (4 3cnauc, rsquire for Plaintiff 258609 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff c) r*t Co <t=` r C- Ml- _ c cv r ° CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County KIP SPANGLER CRYSTAL HERTZ No. 2011-384-CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ® Please mark the above referenced case Settled, Discontinued and Ended. ? Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: r P AN I INAN MIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHS # 258609 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney For Plaintiff Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff Court of Common Pleas vs KIP SPANGLER CRYSTAL HERTZ Defendant Civil Division CUMBERLAND County No. 2011-384-CIVIL TERM CERTIFICATION OF SERVICE 1 hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: BRET PATRICK SHAFFER, ESQUIRE BARIC SCHERER, LLC 19 W SOUTH ST CARLISLE, PA 17013 Date: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHS # 258609