Loading...
HomeMy WebLinkAbout12-4508r_ POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbanian, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942-2090 r fLEC -qtr .:.. IT' THE' PROTH,01'011i"? 20 12 JUL 20 AM i 1 : C 1 CUMBERLANB CUNT'( PENNSYLVANIA ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. 12 - W6i" 1!?t0 4' L"-r AARON P. BROWN DANIELLE R. BROWN 1121 REBECCA STREET CARLISLE, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the follow ng pages, you must take action within twenty (20) days after this Complaint and notice are served, by enterin a written appearance personally or by attorney and filing in writing with the court your defense or objection to the claims set forth against you. You are warned that if you fail to do so the case may proceed without u and a judgment may be entered against you by the Court without further notice for any money claimed in he 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 HA` A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE C7 PROVIDE YOU WITH INFORMATION ABOUT HIRING A. LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 01v3. 'r?s /''C.1._ ? ' a--WA IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (197 DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREO] IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WIT WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COU FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THI NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIL THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. T ID POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbanian, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 PLAINTIFF VS. AARON P. BROWN DANIELLE R. BROWN 1121 REBECCA STREET CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. Citimortgage, Inc. (hereinafter referred to as "Plaintiff') is a Corporation conducting business under the Laws of New York with a principal place of business in O'Fallon, Missouri. 2. Aaron P. Brown and Danielle R. Brown (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendants and itself Mortgagee by Assignment. The Mortgage, dated March 3, 2008, was recorded on Mar 14, 2008 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Instrument #200807792. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on July 1, 2009 in the Office of Recorder of Deeds i Cumberland County in Instrument #200922475. A copy of the Mortgage and Assignmf of Mortgage are attached and made a part hereof as Exhibits `A' and `B'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on Marc] 3, 2008 in the original principal amount of $163,922.00 payable to Plaintiff in monthly installments with an interest rate of 4.5%. A copy of the Note is attached and made a hereof as Exhibit `C'. 5.. The land subject to the mortgage is 1121 Rebecca Street, Carlisle, PA 17013. A copy the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorpora herein. 6. The Defendants are the Record Owners of the mortgaged property located at 1121 Rebecca Street, Carlisle, PA 17013. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they became due and owing. As a result of the default, the following amounts are due Principal Balance $151,223.93 Interest from 9/1/11 to 08/01/12 $6,237.99 Accumulated Late Charges $1,485.58 Inspections $283.50 Escrow Advance Balance $406.93 Returned Payment Charge $30.00 Less Unapplied Funds ($201.28) Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 TOTAL $161,316.65 plus interest from 08/02/2012 at $18.6440 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents an( Pennsylvania Law, and will be collected in the event of a third party purchase at Sheril sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403. 's i 10. The Notice of Intention to Foreclose was required, and Plaintiff sent the Notice pursua) nt to 41 P.S. Section 403 to the Defendants by regular and certified mail on December 7,, 2011. A copy of the Notice is attached and made a part hereof as Exhibit `D'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $161,316.65 togethe with the interest from 08/02/2012 at $18.6440 per day, costs of suit and attorney's fees. POWERS, KIRN & JAVARDIAN, LLC BY: ? Gregory Javardian, Esquire Id. No. 55669 ? Mary F. Kennedy, Esquire Id. No. 77149 ? Meghan K. Boyle, Esquire Id. No. 201661 ? Sean P. Mays, Esquire Id. No. 307518 Lichard J. Nalbandian, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT "A" Preppared By: CitlT?fortgage, Inc. 6300 InterFirst Drive Ann Arbor, MI 48108 Return To: CitiMortgage, Inc. Attn: Document Processing P.O. Box 790021 St. Louis, MO 63179-0021 Parcel Number: Premises: 1121 REBECCA ST CARLISLE, PA 17013- Commonwealth of Pennsylvania [Space Above This Line For Recording Data] FHA Case No. Purchase Money MORTGAGE 1441-9183453703 MIN 100011520051165761 THIS MORTGAGE ("Security Instrument") is given on March 3, 2008 The Mortgagor is Aaron P Brown and Danielle R Brown, Husband and Wife ("Borrower"). This Security Instrument Is given to Mortgage Electronic Registration Systems, Inc. ("MERS"). (solely as nominee for Lender. as hereinafter defined, and Lender's successors and assigns), as mortgagee. 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. CitiIvlortgage, Inc. ("Lender") is organized and existing under the laws of New York and has an address of 1000 Technology Drive, 0' Fallon, MO 63368-2240 FRA Penosyhaoia Mortpp with MERS .4196 Wolters Kluwer Financial Services I' II VMP ®-4N(PA) lo7oe?.oi Amrn?dc,d, p6,0.?2 v.p. r er 10 ti? CltiMortgage 3.2.13.21 V I fl'1 II 11'I 'i Borrower owes Lender the principal sum of One Hundred Sixty Three Thousand Nine Hundred Twenty Two Dollars (U.S. $163,922.00 ). This debt Is evidenced by Borrower's note dated the same date as ibis Security Instrument ("Note"), which provides for monthly payments. with the full debt, if not paid earlier, due and payable on March 1, 2023 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications of the Note: (b) the payment of all other sums, with interest. advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 Cumberland County, Pennsylvania: See Schedule A Attached Hereto And Made A Part Hereof which has the address of 1121 REBECCA ST Ist?l CARLISLE (city), Pennsylvania 17013- [Zip Code) ("Properly Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument: but, if necessary to comply with law or custom, MERS, (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 or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 0?-M(PA) (0706).,01 Peye 2 of 10 citiMor(gage 3.2.13.21 Vl r Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for Insurance required under paragraph 4. In any year in which the Lender must pay a mortgage Insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument Is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items In an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et scq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA. Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Properly or its acquisition by Lender. Borrower's account shall be credited with any balance remaining for all Installments for Items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage Insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in WVMP-4N(PA) m7oet.oi Pago 3 or 10 CUiMon8a8a 3.2.13.21 V r the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses In favor of, and In a farm acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness. all right, title and interest of Borrower In and to insurance policies In force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Properly to deteriorate, reasonable wear and tear excepted. Lender may Inspect the Property If the Property is vacant or abandoned or the loan Is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process. gave materially false or Inaccurate Information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the Indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall he paid to the entity legally entitled thereto. wm??? 'Qty.-? VMP -4N(PA) (070801 Pop 4 of 10 CHIMortgage 3.2.13.21 V1 7. Charges to Borrower and Protection of Leader's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard Insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the (Vote rate, and at the option of Lender, shall be immediately due and payable. 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; 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 may attain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument If. (i) Borrower defaults by failing to pay In full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Properly is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Properly but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (PA) p7oa).o1 pap 5 or 10 ,rn.d'/,? Or-) clflmorlpa - 3.2.13.21 VI (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary wilt limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that If this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at Its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are Instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument. foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, Ibis Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (Iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of The original Borrower or Borrower's successor in Interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Sigucrs. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note. (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of ibis Security Instrument or the Note without that Borrower's consent. VMP -4N(PA) (oToe).oi P.9. a or ,o Cil(Morigage 3.2.13.21 Vr 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for In this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns. or is notified by any governmental or regulatory authority, that any removal or other remediadon of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used In this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Properly to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument. Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each MEOW VMP 04 N(PA) twoet.ol P.ge 7 of 10 C111martMe3.2.13.21 V1 tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et scq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Leader under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment. levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage If any of the debt secured by this Security Instrument is fens to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. 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. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)J. a Condominium Rider H Crowing Equity Rider QX Other (specify) a Planned Unit Development Rider Graduated Payment Rider Schedule "A" 4 -4N(PA) ro70et.01 p b" a or 10 Ch ''iMwgagge! 3.2.13.21 VI This Is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW. Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) A P B rrower ?F.w?u VMPoe1.o1 aron . rows `c? (t? _ ?fat-u V-'Y1 (Seal) Danielle R. Brown mower (Sign Original Only) Page a of 10 CIilMongage 3.2.13.21 V i COMMONWEALTH OF PENNSYLVANIA, ?u14.6ERLA.U2? County ss. On this, j day of 9m before me, the undersigned officer, personally appeared AX61J P B CotW,J 41-2> 2)Na1E1,tJ! ) 06'CO n) known to me (or satisfactorily proven) to be the person(s) wbose name(s) Ware subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires- r Title of Of(ker COMMONWEALTH OF PENNSYLVANIA NotarW SM '""?i?,.i' ????•?.• ` Jeardne D. Leeper, Notary Public Greene Twp., Fo Win County My C nwftsion Expires May 23, 2009 Cert' eate of Residenee Member, Pennsylvania Association of Notaries do hereby certify that the correct addres3 oft a within-named Mortgagee Is P.O. Box 2026. Flint, MI 48501-2026. Witness my hand this 1A day of ` m of Mortgagee msi.oi ft" loaf 10 Citli<loogage 3.2.13.21 Vl LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground and improvements thereon erected, located in North Middleton Township, Cumberland County, Pennsylvania, and being known as Lot Nos. 136 and 137 on the Plan of Lots known as Marriet Acres and Extensions 1 and 2, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 105, and more particularly bounded and described as follows: BEGINNING at a point on the North line of Rebecca Avenue, said point being the dividing point or line between Lots Nos. 135 and 136; thence in a northwardly direction along lands now or formerly of Egolf, 150 feet to a point; thence in an eastwardly direction 105.5 feet to a point on line of lands now or formerly of Clyde Brenner; thence in a southerly direction along said lands 150 feet to a point on said Rebecca Avenue; thence in a westwardly direction along the northern line of Rebecca Avenue, 105.5 feet to the Place of Beginning. The above described lot of ground being improved wfth a two story frame dwelling, garage and other building. BEING the same premise§ which Kathie S. Trolinger, now by reason of marriage, known as Kathie S. Neldl, by Deed dated January 30, 2004, and recorded February 11, 2007, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, In Book 261, Page 3181, granted and conveyed unto Aaron P. Brown, and Danielle Smyser, now by marriage, Danielle Brown, husband and wife, Mortgagors herein. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200807792 Recorded On 3/14/2008 At 12:19:34 PM *Total Pages - 12 * Instrument Type - MORTGAGE Invoice Number -16439 User ID - BS * Mortgagor - BROWN, AARON P * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - SUPERIOR SETTLEMENT * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $25.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $52.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA f e ,o RECORDER O • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. uuruiiNORM uiuo? T - EXHIBIT "B" -r ASSIGNMENT OF MORTGAGE Being Known as Premises: 1121 REBECCA ST. CARLISLE, PA 17013 Parcel No: -j J ? 0010GN Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies a incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: KNOW ALL MEN BY THESE PRESENTS that MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, IN a Delaware corporation, hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by CitiMortgage Inc., "Assign( at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee, the receipt whereof is here acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgz given and executed by AARON P. BROWN & DANIELLE R. BROWN to Mortgage Electronic Registrati Systems, Inc., as nominee for CITIMORTGAGE, INC., bearing the date MARCH 3, 2008, in the amount 163,922.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 03/14/08 in County of CUMBERLAND, Commonwealth of Pennsylvania, in 200807792. TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted i assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be duly executed by its proper officers this June 8, 2009. affixed and these presents ?GE ELECTRONIC :ATION SYSTEMS, INC., a corporation Sealed and Delivered in the presence of us; State of Missouri County of St. Charles: SS. y; President On this June 8, 2009, before me, the subscriber, personally appeared Aaron Menne, who acknowledg d him/herself to be the Vice President of Mortgage Electronic Registration Systems, Inc., a Delaware Corporation, and at he/she, as such Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h andcial se St Notary Public Cc sr.i..' i . he p s of the After recording return to: wr in named Assignee is: PHELAN HALLINAN & SCHMIEG, L.L.P 1000 Technology Drive, One Penn Center O' Fallon, MO 63368-2240 1617 J. .K. Blvd., Ste.1400 June 8, 2009 Philadelphia, PA 19103-1814 ALL THAT CERTAIN lot of ground and improvements thereon erected, located in North Middleton Township, Cumberland County, Pennsylvania, and being known as Lot Nos. 136 and 137 on the Plan of Lots known as Marriet Acres and Extensions 1 and 2, recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 105, and more particularly bounded and described as follows:BEGINNING at a point on the North line of Rebecca Avenue, said point being the dividing point or line between Lots Nos. 135 and 136; thence in a northwardly direction along lands now or formerly of Egolf, 150 feet to a point; thence in an eastwardly direction 105.5 feet to a point on line of lands now or formerly of Clyde Brenner; thence in a southerly direction along said lands 150 feet to a point on said Rebecca Avenue; thence in a westwardly direction along the northern line of Rebecca Avenue, 105.5 feet to the Place of Beginning.The above described lot of ground being improved with a two story frame dwelling, garage and other building.BEING the same premises which Kathie S. Trolinger, now by reason of marriage, known as Kathie S. Neidi, by Deed dated January 30, 2004, and recorded February 11, 2007, in the office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 261, Page 3181, granted and conveyed unto Aaron P. Brown, and Danielle Smyser, now by marriage, Danielle Brown, husband and wife, Mortgagors herein. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200922475 Recorded On 7/1/2009 At 11:08:37 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 47277 User ID - RAK * Mortgagor - BROWN, AARON P * Mortgagee - CITIMORTGAGE INC * Customer - JAM * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $37.00 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF DLEDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0010GN 1111111111111111111101 EXHIBIT "C" 0 0 P11A Case No. Multistate NOTE 441-6183453703 March 3, 2008 (Date) 1121 REBECCA ST, CARLISLE, PA 17013 (Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender' means CitiMortgage, Inc. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Sixty Three Thousand Nine Hundred Twenty Two Dollars (U.S. S 163,922.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Four R 50/100 percent ( 4.500 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on April 1, 2008 . Any principal and Interest remaining on the first day of March, 2023 . will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 1000 Technology Drive, O' Fallon, MO 63368.2240 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and Interest will be in the amount of U.S. $ 1,253.99 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, Interest and other items in the order described In the Security Instrument. (D) Allonge to this Noto for payment adjustments If an allonge providing for payment adjustments Is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box) ?Graduated Payment Allonge ?Growing Equity Allonge Other ]specify] 5. BORROWER' S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment onother days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. A Muhidau Fecod Rau Note -10195 CluMatgage 3.2.13.21 V1 1111111111 t1 W521-7291 .? Np 1 o1 2 INt I 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described In Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due. Lender may collect a late charge in the amount of Four percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary In the case of payment defaults, require Immediate payment In full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require Immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender ?o demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or At a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations. including the obligations of a guarantor, surety or endorser of this Note. Is also obligated to keep all of the promises made in lids Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) Aaron P. Brown `ar`lu' (Seal) PAY TO THE ORDER OF rrmxer Danielle R. Brown WITHOUT RECOURSETO CitiMortgage, Inc. Q BY. WILLIAM S. FELTS, Vico President CitiMortgage, Inc. •1Rro2rmm P"9"707 CillMongage3.2.13.23 VI V EXHIBIT "D" f CitiMortgage 12/7/2011 70112000000211625688 AARON P BROWN 1121 REBECCA ST CARLISLE PA 17013-1632 RE: Property: 1121 REBECCA ST CARLISLE, PA 17013 Mortgagee: CMI GNMA REPRCH HOLD PORT NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PA Act No. 6 of 1974. (READ ALL PAGES OF THIS NOTICE CAREFULLY) citi w w w. c i t i m or tg a g e.C o m If you have filed bankruptcy, CitiMortgage is providing this notice to you for compliance and informational purposes as lender or servicing agent for the lender and is not attempting to collect a debt from you (deficiency or otherwise) or in any way violate the provisions of the United States Bankruptcy Code. The MORTGAGE held by CMI GNMA REPRCH HOLD PORT (hereinafter we, us or ours) on your property located at the above noted property address, IS IN SERIOUS DEFAULT, because you have not made the monthly payments as noted below under (a). Late and other charges have also accrued to this date in the amount noted below under (b and c).'The total amount now required to cure this default, as of the date of this letter, is noted below under (d). (a)10/01/11 thru 12/01111 3 @ $1490.41/month 2 @ $51.37/late charge/month $4573.97 (b) Previous late charge(s) $971.88 (c) Delinquency Expense(s) $202.50 (d) TOTAL AMOUNT (a)+(b)+(c) REQUIRED AS OF THIS DATE: $5768.35 You may cure this default by 01/06/12(or the next business day thereafter if 01/06/12 is a Saturday, Sunday, or Federal Holiday) by paying to us the amount under (d) above. Any additional payments and late charges that fall due during this period must also be paid to bring your loan current. Please submit payment to the following address: CitiMortgage, Inc., Loan Payments, P.O. Box 689196, Des Moines, IA 50368-9196 02010 CitiMortgage. Inc. CdlMortgage, Inc. does business as Citicorp Mortgage in NM.0tiMort9age, Inc is an equal housing tender. Citi, Arc Design, and Ceti mid Arc Design are registered marts of ChI700Inc'Caln are randomt moridored and recorded for quality assurance. CitiMortgage is a debt collector and any Information obtained will be used for that purpose. - • CitiMortgage c'OP."% l l Page 2 www.citimortgage.com 12/ 7 7 If you do not cure the default by 01/06/12, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made by 01/06/12, we also intend to instruct our. attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default by 01/06/12, you will not be required to pay attorney's fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. If you have not cured the default by 01/06/12, and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER. A notice of the 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 will be by calling us at the following number: 1(800)723-7906*. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. 62010 CitiMortgage, Inc. CitiMortgage, Inc does business as Citicorp Mortgage in At CitiMortgage, Inc. is an equal housing lender. CA Arc Design, and Citi and Arc Design are registered service marks of Citignoup Inc. 'Calls are randomly monitored and recorded for quality assurance. CitiMortgage is a deist collector and any Information obtained will be used for that purpose. - D CitiMortgage Page 3 12/7/2011 ti www.citi mortgag e.com You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES, AND COSTS ARE PAID PRIOR TO, OR AT THE SALE (AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for further information. If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development ("HUD") approved homeownership counseling agencies. Please call us at 1(800)723-7906* for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Collection Department CitiMortgage, Inc. *Calls are randomly monitored and recorded to ensure quality service. This is an attempt to collect a debt, and any information obtained will be used for that purpose. In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. If an attorney represents you, please refer this letter to such attorney and provide us with such attorney's name, address and telephone number. 02010 CitiMortgage. Inc CitiMortgage, Inc does business as Citicorp Mortgage In NIA. CitiMortgage, Inc is an equal housiN lender. Cit( Art 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. a /1 70112000000211625695 citi CitiMortgage 12/7/2011 www.citimortgage.com :. DANIELLE R BROWN 1121 REBECCA ST CARLISLE PA 17013-1632 RE: Property: 1121 REBECCA ST CARLISLE, PA 17013 Mortgagee: CMI GNMA REPRCH HOLD PORT NOTICE OF INTENTION TO FORECLOSE MORTGAGE under Section 403 of PA Act No. 6 of 1974. (READ ALL PAGES OF THIS NOTICE CAREFULLY) If you have filed bankruptcy, CitiMortgage is providing this notice to you for compliance and informational purposes as lender or servicing agent for the lender and is not attempting to collect a debt from you (deficiency or otherwise) or in any way violate the provisions of the United States. Bankruptcy Code. The MORTGAGE held by CMI GNMA REPRCH HOLD PORT (hereinafter we, us or ours) on your property located at the above noted property address, IS IN SERIOUS DEFAULT, because you have not made the monthly payments as noted below under (a). Late and,other charges have also accrued to this date in the amount noted below under (b and c). The total amount now required to cure this default, as of the date of this letter, is noted below under (d). (a)10/01/11 thru 12/01/11 3 @ $1490.41/month 2 @ $51.37/late charge/month $4573.97 (b) Previous late charge(s) $971.88 (c) Delinquency Expense(s) $202.50 (d) TOTAL AMOUNT (a)+(b)+(c) REQUIRED AS OF THIS DATE: $5768.35 You may cure this default by 01/06/12(or the next business clay thereafter if 01/06/12 is a Saturday, Sunday, or Federal Holiday) by paying to us the amount under (d) above. Any additional payments and late charges that fall due during this period must also be paid to bring your loan current. Please submit payment to the following address: CitiMortgage, Inc., Loan Payments, P.O. Box 689196, Des Moines, IA 50368-9196 ' 02010 CIIiMortpage, Inc. CitiMortgage, ku.does business as Citicorp Mortgage in NK CiffMortgage. Inc Ban equal housing fender. Citl, Arc Design, and Citl and Arc Design are registered service marks of CiNroup 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. t. G CitiMortgage Page 2 12/7/2011 goo* Citi www.citimortgage.com If you do not cure the default by 01/06/12, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owed on the original mortgage amount borrowed will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made by 01/06/12, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default by 01/06/12, you will not be required to pay attorney's fees. Also, we may sue you personally for the unpaid principal balance, and all other sums due under the mortgage. If you have not cured the default by 01106112, and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late charges, charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately THREE (3) MONTHS FROM THE DATE OF THIS LETTER„ A notice of the 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 will be by calling us at the following number: 1(800)723-7406*. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. i9l 02010 GGMortgage, Inc. CitiMortgage, Inc does business as Cltkorp Mortgage in NM. ChiMortgage, Inc is an equal horning lender. CK Arc Design, and Citi and Arc Design are registered service marks of CItigroup Inc Talis are randomly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained will be used for that purpose. -c i i CitiMortgage Page 3 www.cltimortgage.com 2 7 2 11 You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES, ATTORNEY'S FEES, AND COSTS ARE PAID PRIOR TO, OR AT THE SALE (AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY ACTING ON YOUR BEHALF. Under IRS regulation, we must report any foreclosure to the IRS on form 1099-A. The foreclosure may result in income tax consequences to you. Consult the IRS or your tax advisor for further information. If your delinquency is a result of a loss of employment income or a reduction in employment income you may be eligible for homeownership counseling from one of the Department of Housing and Urban Development ("HUD") approved homeownership counseling agencies. Please call us at 1(800)723-7906* for information regarding the HUD-approved counseling agency nearest you and/or to discuss the circumstances of the default with one of our Loan Counselors. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, Collection Department CitiMortgage, Inc. *Calls are-randomly monitored and recorded to ensure quality service. This is an attempt to collect a debt, and any information obtained will be used for that purpose. in the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to be an attempt to collect a debt. If an attorney represents you, please refer this letter to such attorney and provide us with such attorney's name, address and telephone number. Q 02010 CitiMortgage, fnc. GtiMortgage, Inc. does business as Citicorp Mortgage in NM. CitiMortgage, Inc is an equal housing lender. Gtl, Arc Wgn, and Citi and Arc Design are registered service marks of Citip vW Ix "Calls are randornly monitored and recorded for quality assurance. CitiMortgage is a debt collector and any Enforrnation obtained vd be used for that purpose. T O 0 VERIFICATION Karen Gin , hereby states that he/she is employed as a Document Cc Officer of CitiMortgage, Inc., the Plaintiff in this matter, and is authorized to make Verification. The statements of fact contained in the foregoing Civil Action in Mort Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 rel to unworn falsification to authorities. ame: Karen Green M Title: Date: 6' -'2- (? File #: 12-0748 Name: BROWN, AARON & DANIELLE . f . POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbanian, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942-2090 /Oct/ - L() ?-fie'e ° 4p''•-//: ° ?vyl,?i Ga?-,d L?ov/?? sYLflan"B ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DR17VE O'FALLON, MO 63368 PLAINTIFF VS. AARON P. BROWN DANIELLE R. BROWN 1121 REBECCA STREET CARLISLE, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. I ?- - L{,5b8 ell) / L 7&-/- COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANTS NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services a 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at i charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliatio: conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment o; legal representative. However you must provide your lawyer with all requested financial information so that a loaf resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to me, with a representative of your lender in an attempt to work out reasonable arrangements with your lender before mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THF.,STEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. 1 q l Date Respectfully submitted, ?Gregory Javardian, Esquire Id. No. 55669 ? Mary F. Kennedy, Esquire Id. No. 77149 ? Meghan K. Boyle, Esquire Id. No. 201661 ? Spdn P. Mays, Esquire Id. No. 307518 A*chard J. Nalbandian, Esquire Id. No. 312653 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: _ Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ? No ? Mailing Address (if different) City _ State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household CO-BORROWER Mailing Address: City: State Phone Numbers: Office: Cell: Email: Number of people in household FINANCIAL INFORMATION First Mortgage Lender: _ Type of Loan: Loan Number Second Mortgage Lender: Type of Loan How long: - Zip: Home: Other: How long: Date You Closed Your Loan: Loan Number Insurance:$ Primary Reason for default: - Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes Is the loan in Bankruptcy? Yes ? No? If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile #1: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ T _ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): 1. monthly amount $ 2. monthly amount $ Borrower Pay Days: Co-Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel/repairs $ Other prop payment $_ Install Loan Payment $ _ Cable TV $ Child Support/Alimony $ Spending Money $ Day/Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ? No ? If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ? No ? If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name)_ Phone Servicing Company (Name) Contact: Phone AUTHORIZATION I/We authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date l Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (tel) 215-942-9690 (fax) 215-942-9695 Attention: Megan O'Brien (tel) 215-942-9690 ext. 1313 megan@iavardianlaw.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?o?,?titr of ?u?pGrrf??? QFF,CE U ?. ? $ -ERIFF ??- ,112 AUG -1 AM 9: 02 cUMl?'"r,AND COUNTY PENNSYLVANIA Citimortgage, Inc vs. Aaron P. Brown (et al.) Case Number 2012-4508 SHERIFF'S RETURN OF SERVICE 07/30/2012 03:07 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on Ju 30, 2012 at 1507 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to Aaron P. Brown, by making known unto Danielle Brown, Wife of Defendant at 1121 Rebecca Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ?,---,? HALL, 07/30/2012 03:07 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul,. 30, 2012 at 1507 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to t Danielle R. Brown, by making known unto herself personally, at 1121 Rebecca Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally said true and correct copy of the same. LL, SHERIFF COST: $50.00 SO ANSWERS, August 01, 2012 R ANDERSON, SHERIFF ic) CauntySaite Sheriff, Teleosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CITIMORTGAGE, INC. ~') ~ f'~.t ~' 1000 TECHNOLOGY DRIVE CIVIL DIVISION O'FALLON, MO 63368 ~~ Plaintiff .~'rt~ .~,~ ~~ V. 1/~~ _ ~~ ^, 1 V AARON P. BROWN NO. 12-4508 ~ ^~ ~ DANIELLE R. BROWN 1121 REBECCA STREET CARLISLE, PA 17013 Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my entry of appearance on behalf of the Defendants, Aaron Brown and Danielle Brown, in the above captioned matter. Respectfully Submitted, ~% i~.'' , Shane H. ~-Io ,Esquire Bar #312 03 4 South 2°d Street #303 Pottsville, PA 17901 570.628.2806 g_..., rn --~-P ~~ ~ ~, ~~ ~Y_ i V ~ ~~",.. ~~ . .~' ~_ r-a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'i~ ~ CITIMORTGAGE, INC. ~~ ~ ~ ~` 1000 TECHNOLOGY DRIVE CIVIL DIVISION r r~ ~ ; O'FALLON, MO 63368 ~~ ~ ~`~ ~` Plaintiff ~`~ ~' ~' Z ~ N --i~' v. ~°- ~ ~ .~c -` AARON P. BROWN NO. 12-4508 DANIELLE R. BROWN 1121 REBECCA STREET CARLISLE, PA 17013 Defendants NOTICE TO PLEA You are hereby notified to plea to the within New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. AARON P. BROWN DANIELLE R. BROWN 1121 REBECCA STREET CARLISLE, PA 17013 Defendants CIVIL DIVISION NO. 12-4508 ANSWER AND NEW MATTER Defendants, Aaron P. Brown and Danielle R. Brown, by through their undersigned attorney, Shane H. Hobbs, file the within Answer with New Matter 1. Denied. Defendants aze without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof of same is demanded. 2. It is admitted only that Defendants' reside at the listed address in the caption on the Complaint. 3. The averments in Paragraph 3 of the Complaint are documents the terms of which speak for themselves and to which no Answer is required. 4. The averments in Paragraph 4 of the Complaint aze documents the terms of which speak for themselves and to which no Answer is required. 5. Denied. Defendants aze without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof of the same is demanded. 6. Admitted in part. It is admitted only that Aaron P. Brown and Danielle R. Brown are the Record Owners of the property located at 1121 Rebecca Street, Carlisle, PA 1'7013. 7. Denied. Defendants are without sufficient information to form a belief as to the truth or accuracy of the averments; therefore same as denied and strict proof and verification of Defendants' payments or lack thereof is demanded. 8. Denied. This averment is a conclusion of law and as such requires no further answer. Furthermore, Defendants are without sufficient information to form a belief as to the or accuracy of the averments; therefore same as denied and strict proof of same is demanded. 9. Denied. This averment is a conclusion of law and as such requires no further answer. Furthermore, Defendants are without sufficient information to form a belief as to the or accuracy of the averments; therefore same as denied and strict proof of same is demanded. 10. Denied. A copy of Certified Mail receipt is not attached to Plaintiffs Complaint. Therefore same as denied and strict proof of same is demanded. WHEREFORE, Defendants request Judgment against Plaintiff plus costs and attorney fees, and that this Honorable Court dismiss Plaintiffs Complaint and grant other appropriate relief. NEW MATTER 11. The averments set forth in paragraphs 1-10 above are incorporated by reference as though the same were set forth herein. ~_ 12. Plaintiffs have not scheduled a Conciliation Conference with the Cumberland Courts. Defendants are entitled to a Conciliation Conference within sixty (60) days of a Complaint in Mortgage Foreclosure. 13. Plaintiff and/or Plaintiff and/or its predecessor(s) in interest violated various provisions the Truth in Lending Act ("TILA"), which is codified at 15 U.S.C. section 1601 et seb. and Regulation Z section 226 et seq. by interalia: a) failing to deliver to the Defendants two copies of notice of the right to resc (with all of the pertinent statutory disclosures) b) failing to properly and accurately disclose the "amount financed" c) failing to clearly and accurately disclose the "finance charge" d) failing to clearly and accurately disclose the "total of payments" e) failing to clearly and accurately disclose the "annual percentage rate" f) failing to clearly and accurately disclose the number, amounts and timing payments scheduled to repay the obligation g) failing to clearly and accurately itemize the amount financed. 13. Plaintiff does not have standing to bring this action. Plaintiff cannot prove that they are the real party in interest. Plaintiff cannot show that they have possession of both the and note which would give them standing to bring action. 14. Plaintiff and/or Plaintiff and/or its predecessor(s) in interest violated various provision of the Real Estate Settlement Procedure Act ("RESPA"), which is codified at 12 U.S.d. section 2601, et seq. by, interalia: a) Failing to provide -the Housing and Urban Development (HUD) special i booklet, a Mortgage Servicing Disclosure Statement and Good Faith Estimate settlement/closing costs to Defendants at the time of the loan application or with three (~) days thereafter; b) Failing to provide Defendants with an annual Escrow Disclosure Statement for each year of the mortgage since its inception; c) Giving or accepting fees, kickbacks and/or other things of value in exchange referrals of settlement service business, and splitting fees and receiving unearned fees services not actually performed; d) Charging a fee at the time of the loan closing for the preparation of lending, uniform settlement and escrow account statements. 15. Plaintiff and/or its predecessor(s) in interest violated various provisions of the Hoy Ownership Equity Protection Act ("HOEPA") pursuant to 15 USC § 1639 et seq. by failing make proper disclosures and committing intentional predatory lending by including prohibit terms. These violations provide an extended three year right to rescission and enhanced monet< damages for the Defendants. WHEREFORE, Defendants demand judgment dismissing the complaint in entirety with prejudice, and for the costs and fees associated with this defense, all in order allow Defendants to seek a loan modification or new payment plan with Plaintiff. Respectfull ubmitted, ..~ Shane H. Hobbs, Esquire Bar #312903 4 South 2nd Street, #303 Pottsville, PA 17901 570.628.2806 _ T _ _ ,r _ ~. __ _ CERTIFICATE OF SERVICE I, Shane H. Hobbs, attorney for Aaron P. Brown and Danielle R. Brown, have on the da indicated below, served by mail a true copy of the Answer To Complaint by United States Pos Service Regular Mail to the Plaintiff's Attorney Richard J. Nalbandian, 1310 Industri Boulevard, Suite 101, Southampton, PA 18966. Executed on August 23, 2012, I declare under penalty of perjury that the forgoing is and correct. Respectfully submitted, bane H. ob s, Esq. AA LAI/ Tj C") PRAECI]PE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) co GCS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: C-) =r. C-- CD Please list the within matter for the next Argument Court. —4 -----—---------------------------------------------------------------------------------------------------------------— CAPTION OF CASE (entire caption must be stated in full) CITIMORTGAGE,INC., COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 CIVIL DIVISION Plaintiff CUMBERLAND COUNTY VS. No. 12-4508 Civil Term AARON P.BROWN DANIELLE R.BROWN, Defendants 1. State matter to be argued(i.e.,plaintiff's motion for a new trial,defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment against Defendant,Aaron P.Brown and Danielle R.Brown, 2. Identify counsel who will argue cases: (a)for plaintiff: Nathan C.Wolf,Esquire 10 W High Street, Carlisle,PA 17013 (b)for defendant: Shane H.Hobbs,Esquire 4 South 2nd Street#303 Pottsville,PA 17901 Attorney for Defendants Aaron Brown and Danielle Brown 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 5,2013 Signature 'N,-e/ A K C4 A ,rff Print your name Date: oi' Attorney for Ab Ard #12-0748 POWERS, KIRK&JAVARDIAN, LLC By: GREGORY JAVARDIAN, ESQUIRE ID No. 55669 MARY F. KENNEDY,ESQUIRE ID No. 77149 MEGHAN K. BOYLE,ESQUIRE ID No. 201661 SEAN P. MAYS,ESQUIRE ID.No. 312912 RICHARD J.NALBANDIAN, III, ESQUIRE ID.No. 312653 1310 INDUSTRIAL BOULEVARD, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 Attorneys for Plaintiff CitiMortgage Inc., Court of Common Pleas Plaintiff, Civil Division VS. Cumberland County Aaron P. Brown 12-4508 and Danielle R. Brown, Mortgage Foreclosure Defendants. CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of the Praecipe for Listing Case for Argument for Plaintiff's Motion for Summary Judgment was mailed to the following individuals by regular mail, first class United States mail,postage prepaid on the date set forth below. Shane H. Hobbs 4 South 2nd Street#303, Pottsville, PA 17901 Attorney for Defendants Dated: 1 3 Richard J.Nalbandian, III, Esquire #12-0748 C-) POWERS,KIRK&JAVARDIAN,LLC By: GREGORY JAVARDIAN,ESQUIRE ID No. 55669 ft LE rn MARY F.KENNEDY,ESQUIRE ID No. 77149 — C311— rn MEGHAN K. BOYLE,ESQUIRE ID No. 201661 ::Dc:; -<> Z; S' ' SEAN P. MAYS,ESQUIRE ID.No. 312912 2: -.4 (:D-n RICHARD J.NALBANDIAN, 111, ESQUIRE ID.No. 312653 C _5 1310 INDUSTRIAL BOULEVARD, SUITE 101 5C SOUTHAMPTON,PA 18966 (215)942-2090 Attorneys for Plaintiff CitiMortgage Inc., Court of Common Pleas Plaintiff, Civil Division VS. Cumberland County Aaron P. Brown 12-4508 and Danielle R. Brown, Mortgage Foreclosure Defendants. CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiffs Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment was mailed to Court Administration and the Defendants by regular mail,first class United States mail,postage prepaid on the date set forth below. Shane H. Hobbs 4 South 2nd Street#303, Pottsville, PA 17901 Attorney for Defendants Dated: Richard J.Nalbandian, 111, Esquire Attorney for Plaintiff CITIMORTGAGE, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT AARON P. BROWN AND DANIELLE R. BROWN, Defendants 2012-04508 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, EBERT, AND PLACEY, J.J. ORDER OF COURT AND NOW, this 11th day of April 2013, following argument, the matter is STRICKEN to be relisted by either party no later than 3 June 2013 for the 21 June 2013 Argument Court if Defendants have not entered into the Cumberland County Mortgage Foreclosure Diversion Program. BY THE COURT. Thomas A. Placey C.P.J. Distribution: n Brian Williams, Esq. -0 , M co Richard J Nalbandian, III, Esq. �r- - -<> N O Nathan C. Wolf, Esq. ?CD Shane H. Hobbs, Esq. �e5 ft,lei y/�/Gtk AW y , P111-ED � THE PROTHO�V,C) 1`1 1 + CITIMORTGAGE INC. , ? IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA VS. CIVIL ACTION- LAW AARON P. BROWN NO, 12-4508 CIVIL DANIELLE R. BROWN, Defendants CIVIL ACTION- MORTGAGE FORECLOSURE REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows : 1 . Defendants are the owners of the real property which is the subject of this mortgage foreclosure action; known and numbered as 1121 Rebecca Street (North Middleton Township, Cumberland County) , Carlisle, PA 17013 . 2 . Defendants live in the subject real property, which is Defendants, primary residence. 3 . Defendants have been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and have taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference and are represented therein by the undersigned counsel. 4 . Judge Thomas A. Placey was previously involved in this LAW OFFICES matter, having entered an Order of Court dated April 11, 2013 , MARLIN R. McCALEB striking Plaintiff' s Motion for Summary Judgment upon condition that Defendants enter the Cumberland County Mortgage Foreclosure Diversion Program. A true copy of said Order is attached hereto and made a part hereof, marked Exhibit "A. " 5 . The undersigned hereby respectfully request that your Honorable Court schedule a Conciliation Conference herein, to be attended by Defendants and their counsel and Plaintiff and its counsel . The undersigned verify that the statements made herein are true and correct. We understand that false statements are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. Aaron P. Brown, Defendant Danielle R. Brown, Defendant Date: May JV 2013 Marlin-R. ali-b Attorney I .D. No 06353 219 East Main Street P.O. Box 230 Mechanicsburg, PA 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Defendants LAW OFFICES MARLIN R. McCALEB -2- CITIMORTGAGE, INC., Plaintiff IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL DISTRICT AARON P. BROWN AND DANIELLE R. BROWN, Defendants 2012-04508 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, EBERT, AND PLACEY, J.J. ORDER OF COURT AND NOW, this 11th day of April 2013, following argument, the matter is STRICKEN to be relisted by either party no later than 3 June 2013 for the 21 June 2013 Argument Court if Defendants have not entered into the Cumberland County Mortgage Foreclosure Diversion Program. BY THE Thomas A. Placey C.P.J. Distribution: t/ Brian Williams, Esq. mm a m -v � r 7 ✓Richard J Nalbandian, III, Esq. {D �, o , Nathan C. Wolf, Esq. ✓ Shane H. Hobbs, Esq. v 1' �C Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE CIVIL DIVISION ; . O'FALLON, MO 63368 �F Plaintiff rnm � ;r_ _? -.< r- cn W _7c V. 3 AARON P. BROWN NO. 12-4508 _C:11� _ Z- DANIELLE R. BROWN '=T 1121 REBECCA STREET CARLISLE,PA 17013 Defendants Praecipe for Withdraw of Appearance Pursuant to Pa.R.C.P. 1012 To the Prothonotary: Kindly withdraw my appearance on behalf of the Defendants in the above-captioned matter. Attorney Marlin R. McCaleb has entered his appearance for the aforementioned parties. I hereby certify that this change is not intended to,nor will it, delay this proceeding to the best of my knowledge, information and belief. Date: May 27, 2013 Submitted By: X Shane H. Hobbs, Esq. Counsel Tholio MAY 3.d AM 1 - CITIMORTGAGE, I a�� IN THE COURT OF COMMON PLEAS OF P Q0 U,',P�UMBERLAND COUNTY, PENNSYLVANIA SYLVANIA VS . CIVIL ACTION- LAW AARON P. BROWN NO. 12-4508 CIVIL DANIELLE R. BROWN, Defendants CIVIL ACTION- MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for and on behalf of Aaron P. Brown and Danielle R. Brown, the Defendants in the within action. Date : May �V 2013 Marlin R. McCaleb Attorney I .D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 Attorney for Defendants LAW OFFICES MARLIN R. McCALEB CITIMORTGAGE, INC. , IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS . CIVIL ACTION- LAW c3 rte, • --D AARON P. BROWN NO. 12-4508 CIVIL M Co c ' DANIELLE R. BROWN, z r Defendants CIVIL ACTION- MORTGAGEnf_ORReLO E C> CASE MANAGEMENT ORDER /r a i3 AND NOW; e Defendants/Borrowers in the above captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the Defendants/Borrowers have complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED and DECREED that 1. The parties and their counsel are directed to participate in a court-supervised Conciliation Conference on ^2013 , at "Od J4 in Co�R� o.� at the Cumberland County Court House, Carlisle, Pennsylvania; 2 . At least twenty-one (21) days prior to the date of the Conciliation Conference, the Defendants/Borrowers must serve upon the Plaintiff/Lender or its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the Defendants/Borrowers. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation LAW OFFICES MARLIN R. McCALEB Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the Defendants/Borrowers failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3 . The Defendants/Borrowers and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the Plaintiff/Lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference . The representative of the Plaintiff/Lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the Plaintiff/Lender must discuss the resolution proposals with that authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the Plaintiff/Lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the Plaintiff/Lender at the rescheduled Conciliation Conference. 4 . At the Conciliation Conference, the parties and their LAW OFFICES MARLIN R. McCALEB -2- counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage to current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled Conciliation Conference. BY THE COURT: J. LAW OFFICES MARLIN R. McCALEB CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 12-4508 CIVIL AARON P. BROWN and DANIELLE R. BROWN, Defendants MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this 9 day of August, 2013, on request of the parties, the conciliation conference set for August 9, 2013, is continued to Friday, October 11, 2013, at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, Kevi A. Hess, P. J. Nathan Wolf, Esquire For the Plaintiff Alin McCaleb, Esquire For the Defendants :rlm M ;` CD-_ CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION—LAW NO. 12-4508 CIVIL AARON P. BROWN and DANIELLE R. BROWN, Defendants MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held October 11, 2013, were Nathan Wolf, Esquire, local counsel for the plaintiff; Marlin R. McCaleb, Esquire, attorney for the defendant; and the homeowner, Aaron Brown. Documents which remain outstanding for the plaintiffs review will be forthcoming within seven (7)days, It is anticipated that the plaintiff will complete its review in a timely fashion thereafter. Continued conciliation conference is set by order of even date herewith. ORDER AND NOW, this // day of October, 2013, continued conciliation conference is set for Thursday, December 5, 2013, at 2:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevi . Hess, P. J. athan Wolf, Esquire m o For the Plaintiff Tr: � arlin McCaleb, Esquire For the Defendants / _ LL 101111.3 CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 12-4508 CIVIL AARON P. BROWN and DANIELLE R. BROWN, Defendants MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 5r' day of December, 2013, at the request of counsel,the conciliation conference set for December 5, 2013, is continued to Wednesday, January 15, 2014 at 2:00 p.m. in Chambers of the undersigned. BY THE COURT, Kfevin . Hess, P. J. ✓Nathan Wolf, Esquire For the Plaintiff ./Marlin McCaleb, Esquire For the Defendants Am x x;o -<> c F CITIMORTGAGE, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 12-4508 CIVIL AARON P. BROWN and DANIELLE R. BROWN, • Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2/ day of January, 2014, at the request of counsel,the conciliation conference set for January 15, 2014, is continued to Friday, May 23, 2014 at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, Kevin A . Hess, P. J. Nathan Wolf, Esquire For the Plaintiff -� Marlin McCaleb, Esquire For the Defendants :rim OCT I•C.S 1)2,1`, rn � a. ly c) g 271- CITIMORTGAGE, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 12-4508 CIVIL AARON P. BROWN and DANIELLE R. BROWN, Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2 2 "a day of May, 2014, at the request of counsel, the conciliation conference set for May 23, 2014, is continued to Friday, June 27, 2014 at 3:15 p.m. in Chambers of the undersigned. ✓ Nathan Wolf, Esquire For the Plaintiff �arlin McCaleb, Esquire For the Defendants :rim ecries sZaM BY THE COURT, .r - m0 mxa. —< —,j wC) 5, 0) c , • C CITIMORTGAGE,INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION —LAW : NO. 12-4508 CIVIL AARON P. BROWN and DANIELLE R. BROWN, • Defendants . MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW,this 2.5-4 day of June,2014, at the request of counsel,the conciliation conference set for June 27, 2014, is continued to Friday, August 15,2014 at'2:45 p.m. in Chambers of the undersigned. BY THE COURT,/NAL AL Kevin A. Hess, P. J. Nathan Wolf, Esquire For the Plaintiff /Mazlin MeCaleb,Esquire For the Defendants :rim ('ri-S ie.5712xt'(L LI. 45/ rn ,. •=rri z. CITIMORTGAGE, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 12-4508 CIVIL AARON P. BROWN and DANIELLE R. BROWN, Defendants : MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 13=4 day of August, 2014, it appearing that the above matter is settled, this case is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay in this case is lifted. The conciliation conference set for August 15, 2014, is cancelled. /Nathan Wolf, Esquire For the Plaintiff /Marlin McCaleb, Esquire For the Defendants :rlm BY THE COURT, Kevin ; . Hess, P. J. QCODT (71 0* #12-0748 POWERS KIRN & ASSOCIATES, LLC By: Daniel C. Fanaselle Attorney Id # 312292 Eight Neshaminy Interplex, Suite 215 Trevose, PA 19053 Telephone: 215-942-2090 Attorneys for Plaintiff L.J !' SEF' 2 2fi'i I 'MBERLANo COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff vs. Aaron P. Brown Danielle R. Brown Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 12-4508 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of: CITIMORTGAGE, INC. . I hereby certify that this change is not intended to, nor it will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Dated: -�� Daniel C. Fanaselle Attorney Id # 312292 POWERS KIRN & ASSOCIATES, LLC Attorneys for Plaintiff >' #12-0748 POWERS KIRN & ASSOCIATES, LLC By: Daniel C. Fanaselle Attorney Id # 312292 Eight Neshaminy Interplex, Suite 215 Trevose, PA 19053 Telephone: 215-942-2090 Attorneys for Plaintiff CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff vs. CIVIL DIVISION Aaron P. Brown CUMBERLAND COUNTY Danielle R. Brown Defendant(s) No. 12-4508 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Substitution of Appearance was sent by first class mail, postage pre -paid, upon the following on the date listed below: Shane H. Hobbs, Esquire 4 South 2nd Street #303 Pottsville, PA 17901 Attorney for Defendants Dated: ?— j- ' i"( Daniel C. Fanaselle Attorney Id # 312292 POWERS KIRN & ASSOCIATES, LLC Attorneys for Plaintiff .4-#12-0748 POWERS KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id. No. 307968 HARRY B. REESE, ESQUIRE Id. No. 310501 DANIEL C. FANASELLE, ESQUIRE Id. No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id. No. 313549 PAIGE M. BELLING, ESQUIRE Id. No. 309091 KATHERINE KNOWLTON LOPEZ, Esquire Id. No. 311713 EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 (215) 942-2090 t r w ;)' 01. 2JH4SEP 22 PH 12: ; CUMBERLAND COUNT},: PENNSYLVANIA CITIMORTGAGE, INC. vs. Aaron P. Brown Danielle R. Brown Plaintiff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 12-4508 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above action, DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs. Dated: 9 - IO - /'-( ❑ Jill Manuel -Coughlin, Esquire Id. No. 63252 ❑ Jolanta Pekalska, Esquire Id. No. 307968 ❑ Harry B. Reese, Esquire Id. No. 310501 Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff #12-0748 POWERS KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id. No. 307968 HARRY B. REESE, ESQUIRE Id. No. 310501 DANIEL C. FANASELLE, ESQUIRE Id. No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id. No. 313549 PAIGE M. BELLINO, ESQUIRE Id. No. 309091 KATHERINE KNOWLTON LOPEZ, Esquire Id. No. 311713 EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 (215) 942-2090 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff vs. Aaron P. Brown Danielle R. Brown Defendant(s) CIVIL DIVISION CUMBERLAND COUNTY No. 12-4508 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Praecipe to Discontinue Without Prejudice was sent by first class mail, postage pre -paid, upon the following on the date listed below: Shane H. Hobbs, Esquire 4 South 2nd Street # 303 Pottsville, PA 17901 Attorney for Defendants D Jill Manuel -Coughlin, Esquire Id. No. 63252 o Jolanta Pekalska, Esquire Id. No. 307968 o Harry B. Reese, Esquire Id. No. 310501 L Daniel C. Fanaselle, Esquire Id. No. 312292 O Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Dated: 9 - to -