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HomeMy WebLinkAbout13-1694 Supreme Court of Pennsylvania For Prothonotary Use oniv: Court of Common Pleas Docket No: Civil Cover Sheet CUMBERLAND County The information collected on this form is used solely for court administration, pitrpo.se.�. This Dorm doe, wn / supplement or re lace the filing and service of leadin s and other a ers re quired br lain or rules ()// comes/. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiff's Name: Lead Defendant's Name: C CITIBANK, N.A. KATHRYN RAEZER T Dollar Amount Requested: ® within arbitration limits O Any money damages requested.: ®Yes C1 No q N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney: Brit J. Suttell, Esquire ❑ Check here if you have no attorney (are a Self- Represented I Pro Sel Litigant) Nature of the Case Place` and "X' to�the�left o(ttfie" NE,case category that most accurately describes your PPJ)KARYGO I y6} are making more than one type of claim, check the one that you consider most °impotant:; .. TORT (do not include Muss Tort) CONTRACT (do not include ./udgmenls) CIVIL APPEALS Intentional ❑ Buyer Plaintiff Administrative Agencies E Malicious Possession ❑ Debt Collection: Credit Card ❑ Board of Assessment - S Nuisance ® Debt Collection: Other ❑ Board of Elections � E ❑ Premises Liability breach of contract ❑ Depart. of Transportation C ❑ Product Liability (does not ❑ Zoning Board T include mass tort) ❑ Employment Dispute: ❑ Statutory Appeal: Other f I ❑ Slander /Libel /Defamation Discrimination O ❑ Other: ❑ Employment Dispute: Other N ❑ Zoning Board g ❑ Other: ❑ Other: MASS 'PORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: REAL PROPERTY MISCELLANEOUS ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent 1-1 Non - Domestic Relations ❑ Landlord /Tenant Dispute Restraining Order ❑ Mortgage Foreclosure: Residential ❑ Quo Warranto PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial El Replevin ❑ Dental ❑ Quiet Title ❑ Legal ❑ Other: ❑ Other: ❑ Medical ❑ Other Professional: �i , . Burton Neil & Associates, P.C. Bv: Brit .I. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696 -2120 Attorney for Plaintiff CITIBANK, N.A. IN THE COURT OF COMMON PLEAS 1000 Technology Drive O'Fallon, MO 63368 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KATHRYN RAEZER NO. 77 Mountain Lane ( Newburu PA 17240 Defendant CIVIL ACTION -LAW Complaint - Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, You must take action within (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 defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without You and a may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717 -249 -3166 or 800 - 990 -9108 155879 / 304 6 U - 7�� r i ag$ yRa Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610- 696 -2120 Attorney for Plaintiff CITIBANK, N.A. IN THE COURT OF COMMON PLEAS 1000 Technology Drive O'Fallon, MO 63368 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KATHRYN RAEZER NO. / 3 /lQ �! 61a 77 Mountain Lane, Newburg PA 17240 Defendant CIVIL ACTION -LAW Complaint 1. Plaintiff is Citibank, N.A., a national banking association, with a place of business located at 1000 Technology Drive, O'Fallon, Missouri. 2. The defendant is Kathryn Raezer, an adult individual, residing at 77 Mountain Lane, Newburg, Cumberland County, Pennsylvania. 3. On or about February 9, 2007, defendant entered into and executed a Note (hereafter the "Note ") in favor of Citizens Community Bank. A true and correct copy of the Note is attached hereto and incorporated herein as Exhibit A. 4. As security for the Note, defendant executed a Mortgage (hereafter "Mortgage ") dated February 9, 2007, on certain real estate more fully described in said Mortgage. A true and correct copy of the Mortgage is attached hereto and incorporated herein as Exhibit B. 5. The Note and Mortgage were in the original principal amount of $57,800.00 with interest at the rate of 7.685% per annum. 6 Plaintiff subsequently acquired the Note and is now the holder of the Note. See Exhibit A. 7. The Note is in default because monthly payments were not made per the tenns of the Note to plaintiff. $. Plaintiff sent defendant a notice of default. A true and correct copy if which is attached hereto and incorporated herein as Exhibit C. 9. Defendant failed to cure the default. 10. As a result of defendant's default and failure to pay, the sum of $49,665.77 is due plaintiff. 11 Per the terms of the Note, plaintiff is entitled to reasonable attorneys' fees and the costs of this action. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $49,665.77 plus reasonable attorneys' fees and the costs of this action. Burton Neil & Associates, P.C. V! By: Brit . Suttell, squire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. I tan I G03 81 0701 1008 iti1iN: 1 003()81007011 1 UU08G SECONDARY MOR LOAN NO TES THIS AGREEMENT IS SUBJECT TO THE PROVISIONS OF THE SECONDARY MORTGAGE LOAN ACT. f February 9, 2007 York, PENNSYLVANIA 1706 Poplars Road York, PENNSYLVANIA 17404 (Property Address) I. BORROWEK'S PROMISE TOPAY In return for a twin that I have received, I promise to pay U.S. 557,800.00 (this amount will be called "principal "), plus interest, to the order of the Lender. The Lender is CITIZENS COMMUNITY BANK. 1 undctstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder." 2, INTEREST i will pay interest at a yearly rata of 7a tntercSt will be be c charged on unpaid principal until the full amount of pdncip t 3. PAYMENTS I will pay principal and interest by making payments each m III 4 'I I will make my payments on the Ist day of each month beg 1 d0 I will make these payments every month until I have paid all of the principal and interest and any other charges," Seri below, that i may owe under this Note. If, at March 1, 2037. l still owe amounts under this Note, i will pay all those amounts, in full, on that dale. I will make my monthly payments at CITIZENS COMMUNITY BANK 500 CAMPUS DRIVE, SUITE 101 MORGANVILLE, NEW JERSEY 07751 or at a diflaent place if required by the Note Holder. I 4. BORROWER'S FAILURE TO PAY AS REQUIRED 'Al Late Charge for Overdue Payments if the Note Holder has not received the full amount of any of my monthly payments by the end of FIFTEEN calendar days utter the date it is due, I will pay a late charge to the Note Holder, The amount of tho charge will be 5.000% of my overdue payment, but not less than U.S. $20.57 and not more than U.S. $10.57. i will pay iltis late charge oily once on any late payment. (B) Default If 1 do not pay the hill amount of each monthly payment by the date slated in Section 3 above, t will be in default. Even if, at a time when I am in default, the Note Holder does not require me to Puy immediately in full as described below, the Noce Holder will still have the right to do so if 1 am in default at a later time. (C) Notice from Note Holder if 1 am in default, the Note Holder may send me a written notice telling the that if I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must he at least 30 days after the date on which the notice is mailed to me or, if it is not mailed, 30 days after the date on which it is delivered to me. (D) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay inunediately in full as described above, the Note Holder will have the right to be paid back for all its costs and expenses to the extent not prohibited by applicable law. Those expenses Include, for example, reasonable attorneys' fees. S. THIS NOTE SECURED BY A MORTGAGE in addition to the protections given to the Note Holder under this Note, a Mortgage, dated February 9, 2007, protects the Note Holder from possible losses which might result. if I do not keep the promises which 1 make in this Noce. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note. PENN SYLVANIA - Sewnd Mwtgage - 1180 • FNMAIFHL UNIFORM INSTRUMENT Fenn 3939 I Page t DO VMP•75(PA) (D206) of Borrower(s) In EXHIBIT A Loot Number; 070110008 MIN: 100509100701100086 6, BORROWER'S PAYMENTS BEFORE THEY ARE DUE I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of ali of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." 1 may make a full prepayment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that 1 owe under this Note. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays ar changes. I may make a flitl prepayment at any time. If[ choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is duo. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of prineipal that would have been part of my next one or more monthly payments. i 7, BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things arc: (A) to demand paymertt of amounts due w (knon as "presentment" ); (B) to give nuticc that amounts due have not been paid (known as "nolico of dishonor" )i (C) to obtain an official certification of nonpayment (known as a "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if t fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as "guarantors, sureties and endorsers." S. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will he delivered or mailed to me at a different address if 1 give the Note Holder a notice of my different address. Any notice that must he given to the Note Holder under this Note will be given by mailing it by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address if 1 am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Nate, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note tainsl ach of us individually or against all of us together. This means that any one of its maybe required to pay all of the amounts owed under this Note. Any person who lakes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 7 above) is also obligated to keep all of the promises made in this Note. ka ry A. Ra ter - Borrower - Borrower (Sign Original Only) PENNSYLVANIA- Secortl Mortgage -1160 - FNMAIFHLMO UNIFORM INSTRUMENT Form 3939 Pegs 2 of 2 VMP- 75(PA) (a200).et ALLONGE TO PROMISSORY NOTE FOR PURPOSES OF FURTHER ENDORSEMENT OF THE FOLLOWING DESCRIBED NOTE, THIS ALLONGE IS AFFIXED AND BECOMES A PERMANENT PART OF SAID NOTE. Lorur Number: 070110008 This 90 day of February, 2007 .Vote Date: February 9, 2007 Originat loan Amount: 557,800.00 s. Horrolrer(s) Narw(s): Kathryn A. Raezer Property Address: 1706 Poplars Road York, PENNSYLVANIA 17404 Pay to the order of CITIMORTGAGE, INC. s y Without Recourse This 9th day of February, 2007 CITI ENS COMMUNITY BANK M 9166- Xuly Autho Od Oir-, jnxrph gain Ilirrrin of rmnftmjy. Markef;ng Typed Name and Title of Signatory ALLONGE TO NOTE BORROWER NAME(S): Kathryn A. Raezer NOTE DATE: 2/9 /2007 LOAN AMOUNT: $57,800.00 PROPERTY ADDRESS: 1706 Poplars Road, York, Pennsylvania 17404 LOAN NUMBER: 2004148744 PAY TO THE ORDER OF CITIBANK, N.A. WTI'HOUT RECOURSE ON US CITIMORTGAGE, INC. April Hodge (Asst. Vice President) FILENET LOCATION ONT 2/21/2007 ko 8`3 WHEN TEES RECORDED, MAIL COMMUNITY BA (� CITIZENS COMMUNIY ItANIC 500 CAMPUS DRIVE, SUITE 102 Q y MORCANVILLE, NEW JERSEY 07751 This Instrnmcntwas prepared by: CITIZENS COMMUNITY BANK 500 CAMPUS DRIVE, SUITE 102 MORGANVILLE, NEW JERSEY 07751 732 - 536.3330 UPI Number Loan Number: 070//0008 Order Number: 07 - 4777E (Space Above Tnic Line For RecorUiny naW) MORTGAGE MIN:100508100701100086 THIS MORTGAGE is made this 9TH DAY OF FEBRUARY, 2007, between the Mortgagor, Kathryn A. Racier, an unmarried woman (heroin "$orro•xcr "), and the Mortgagee, Muriplit Electronic Registration Systems, Inc. ("MFRS "), (solely as nominee for Lender, as bercinaner dermed, and Lender's successors and assigns). 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. CITIZENS COMMUNITY BANK, (" Lender") is organized and existing under the taws ofThe State of New I am Em and has an address of S00 CAMPUS DRIVE, SUITE 102, 5 WHEREAS, Borrower is indebted to Lender in the pr o POO.00, which indebtedness is eew- ote evidenced by Borrower's note dated February 9, 2IMIX °) , p roviding for monthly installments of principal and inteth paid, due and payable on March 1, 2037; TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the Payment of all other stuns, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and cunvey to MERS (solely as nolninee fur Lender and Lender's sumcssurs and assigns) and to the successors and assigns of MERS, the following described property located in the County of York, State of Pennsylvania SEE LECAL DESCRIPTION ATTACHED HERETO AND MADE APART HEREOF which has the address of: 1706 Poplars Road York, PENNSYLVANIA 17404 (herein "Property Address "); PENNSYLVANIA- 5ECOND MORTGAGE • 1150 • FNMA1FHLMC UNIFORM INSTRUMENT W MERS orm 3639 Page t of 6 ndad $107 6orrower'a taste i EXHIBIT B All, THAT CERTAIN lot or piece of ground situate in West Manchester Township, County of York, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: BEGINNING at a spike in the public road formerly known as Weiglestown Road, now known as the Poplars Road, at corner of lands now or formerly of Edward Bentzel, now of Allen Hake; extending thence along said lands of the same, South 38 degrees 1 i minutes West 214.94 feet to an iron pin at Little Conewago Creek; thence along Little Conewago Creek South 36 degrees 16 minutes East, 231.31 'feet to an iron pipe at com- of lands now or formerly of Mrs. G. Holman, now of Joseph S. Lovell; thence along said lands, Nonh 39 degrees 26 minutes East 210 80 feet to a stake at lands now or formerly of Kenneth W. Dittenhafer and wife, of which the land hereby conveyed was a part; thence along said last mentioned lands, North 59 degrees 15 minutes West 101.90 feet to a stake; thence along the same land, North 30 degrees 40 minutes East 147.04 feet to a stake to or near Poplars Road; thence in or near the center line of said Poplars Road, North 69 degrees IS minutes West 173.36 feet to a spike at the corner of said lands now or formerly of Edward Hentzel, now Allen [lake, the place of BEGINNT`1G. UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, easements and rights -of -way of record. I i i f i TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) az'e hereinafter referred to as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Mortgage; but, if necessary to comply with law or custom, MERS, (as nomincc for Lender and Lender's successors and assigr-s), 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 LenICT including, but not limited lo, releasing or cancelutg this Mortgage. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for oneumbrurces of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to catcurribrances of record. UNIFOR&f COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, mail the Note is paid in full, a sum (herein "Funds ") equal to one- twelfiln of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and grouted rents on the Property, if any, plus one- nwcifth of yearly premium installments for ha2ard insurance, plus nneAwelf1h of _yearly premium installments for mortgage insurance, if any, all as reasonably cstlmated initially and from time to tuna by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. if Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assassments and bills, unless Lender pays Borrower interest an the Funds and applicable taw permits Lender to make such it charge. Borrower and Lender stay agree in writing ut the time of exc of this Mortgage that interest on the Funds shall be paid Lo Borrower, and unless such agrcement is matte or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the futtue monthly installments of Funds payable prior to the due dales of taxes, assessments, insurance premiums and ground rusts, shall exceed the amount required to pay said taxes, assessments, 'insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of funds. If the amount of the Funds held by Lender shall not be sufficieru to pay lases, assessments, insurance premiums and ground rents as they -fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require - Upon payment in full of all stuns secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Non and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable ore the Mote, and then to the principal of the ri ite. f 4, Prior Mortgages and Deeds of Trust-, Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority ova; this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to bo paid all PENNSYLVANIA- SECONC MOR TGAGE • 1l80. FNMAiFNLMC UNIFORM INSTRUMENT WITH MERS Form 3839 Page 2 of 6 dad 6102 - Oorrowcr's Italia I i taxes, assessments and other charges, fuzes and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lander; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause err favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any m ortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the u,surantx carrier offers to settle a clauu for insurance beuetits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this ,Mortgage. 6. Preservation and Ylaiatenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shalt comply with the provisions of any tease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent docwnents. 7. Protection of Leader's Security. If Borrower fails to perfomt the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materinlly affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Monguge, Borrower shall pay the premiums required to maintain such insurance in effect until such time us the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law, Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause tharefer related to Lender's interest in the Property. 4. Condemnation. The proceeds of any award or claim for damages, direct or consequenrial, in connection with any condannation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shalt be paid to Lender, subject to the terms of any mortgage, deed of oust or other security agreement with a lien which has priority over this Morgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or modifirAtion of amortisation of the stuns secured by this Mortgage granted by Lender to any successor in interest cf Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify timortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise atforded by applicable law, shall not be it waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to die provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be PENNSYLVANIA • SECOND MORTGAGE • 1160- FNMAIFHLMG UNIFORM INSTRUMENT WITH MERE arm 3679 Page 3 of 6 d ed 9102 9orrW10rC Ini' I __ i • joint and several. Any Borrower who e0-Signs this Mortgage, but oleos not execute the Note, (a) is co- signint; this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the tenns of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regLrd to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's Interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate L•y notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Sever ability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. in the event that any provision or clause of this Mortgage or die Note conflicts with applicable; law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent net prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrowet shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof, 15. Rehabilitation Loan Agreement, Borrower shall fulfill all of Borrower's obligations wtdor any hosne rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower my have against parties who supply labor, materials or services in connection with improvements made to die Property. 16. Transfer or the Property or a Beneficial Interest in Borrower. if all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require inutiediate payment in full of ali sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or derruuid on Borrower. NON - UNIFORM COVEVANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Upon Borrower's breath of any covenant or agreement of Borrower In this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Leader prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (I) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date tilt notice is mailed to Borrower, by which suck breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence ofa default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the: dale specified in the notice, lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable sttorntys' fees, and costs of documentary evidence, abstracts and title reports. PENNSYLVANIA • SECOND MO • 11 60. FNMAlFNLMC UNIFORM INSTRUMENT WITH H ERS r omr 3139 Page 4 01`6 nded 6102 Borrower's ""ial I 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior .m at least one hour before the commencement of bidding, at a sheriffs sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lende; in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's rcmcdies as provided in paragraph 17 hereof, including, but not limited co, masonable attorneys' fees, and (d) Borrower take such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and 13orrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender tit Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable Upon acceleration under p ragmph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of ronts, including, but not limited to, receiver's fees, premiums on receiver's bond and reasonable attorneys' fees, and then to the stuns secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is entered on the Note or in an action of mortg age foreclosure shall be the rate stated in the Mote, REQUEST FOR NOTICE OF DEFAULT _ AND FORECLOSURE UNDER SUPERIOR _ MORTGAGES OR DEEDS OF TRUST I I PENNSYLVANIA - SECOND MORTGAGE 1780 • FNMAIFHLRIC UNIFORM INSTRUMENT WITH MFRS orm J899 Page 5 of 6 .dad 6704 Borrowers Initial I • i Borrower and Lender request the holder of Mty mortgage, deed of trust or other encumbrance with a iien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. i fN WITNESS WHEREOF Borrower has executed this Mortgage, I Witnesses: thryn A. Raezer Borrower - Borrower (Sign Original Only) Certificate of Residence �1� 1 �1 t'Z.S t ` t do hereby certify that the correct address of the within -named Mortgagee is P.O. Box 2026, Flint, MI — 5 5 U 1 - 2Q26. Witness my hand this day of j c2�7 Agent o ender COMMONNVEAALTH OF PENNSYLVANIA, U+�K- County ss: q - 1- On this, the ' day of �fi3 bofore me, the undersigned officer, personally appeared Kathryn A. Raeaer knovialto me (or satisfactorily proven) to be the persons) whose name(s) vl w subscribed to the witbiti ir►strument and acknowledged that4WshcAhvy executed the same for the purposes herein i curttained- 1 iN WITNESS WHEREOF, I hereunto set my hand and official seal. c omm i ss io n Ex"irrs- CHRIS MURPHY Nolary Fume SPRING6MDURY TlP, YORK COUNT My Commismn Expires Nov 29, 2009 Title of Officer f i i I i PENNSYLVANIA • SECONO MORTGAGE -1/80 - FNMAIFHLMC UNIFORM INSTRUMENT YJ{TH MER9 Form 3839 Page 6 of 6 Amended 6702 i I i 11 / CitiMort 9 a 9 e� 4I8/2011 www.citimortgage.com KATHRYN A RAEZER 170E POPLARS RD YORK, PA 17408 -1450 RE: CitiMortgage Loan #: 2004148744 ACT 91 NOTICE TAKE ACTI TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1 -800- 342 -2397. (Persons with impaired hearing can call (717)780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 02010Citilorlgage, Inc. CitiMongage, Inc does business as Citicorp Mortgage in NN. CibMortg % Inc. is an equal housing lender. Cil4 Are Design and Citi and Arc Resign are registered service narks of Citigroup Inc. 'Calls are randomly monilored and recorded for quality assurance. Cititortgage is a debt collector and any information obtained will be used for that purpose. EXHIBIT C i CitiMortgage Page Two www.cltirnortgage.com 4/8/2011 2004148744 HOMEOWNER'S NAME(S): KATHRYN A RAEZER PROPERTY ADDRESS: 1706 POPLARS ROAD YORK, PA 17404 LOAN ACCT. NO.: 2004148744 ORIGINAL LENDER: CITIZENS COMMUNITY BANK CURRENT LENDER /SERVICER: CitiMortgage, Inc. is providing this notice as lender or servicing agent for the lender. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( � YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty- three(33)days from the date of this Notice. During that time you must arrange and attend a "face -to -face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Q 02010 CilWortgage, Inc. CitiMortgage, Inc. does business as Ctt1cm Mongago in NN. Citi4ortgage, im is an equal housing lender. Citf, ArcOesign, and Citi and Arc Design are tegistared service zs marks of Citigroup'nc.'Cah are randomly monitored and recorded for Quality assurance. CtWortgage is a debt coliectorand any information obtained wilt be used for that purpose. CitiMortgage Citi www.citimortgage.com Page Three gae a co 4/8/ ?.011 2004148744 CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. it is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE —Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA (filed or postmarked) within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE'. YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED, AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Q 0 2010CitiMortgage,mc.CiliMortpge• Inc. does buskwstas Citicorp Mortgage inNM .CitiMoitgage. Inc. is an equal housing lender.Citi, Arc Design, and Citi and Arc Design are registered service : m marks of Citfgroup Inc. *Calls are randomly monitored and recorded for quafRy assurance. CitiWiiage is a debt collector and any information obtained will be used for that purpose. CitiMortgage atl Page Four www.citimortgage.corn 4/8/2011 2004148744 HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 1706 POPLARS ROAD YORK PA, 17404 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 02/01/11 thru 04/01/11 3 6 $411.49 /month 2 C $20.57 /late charge /month $1275.61 thru @ $ /month @ $ /late charge /month thru 0 $ /month 0 $ /late charge /month Previous late charge(s) $0.00 - Delinquency Expenses(s) $0.00 TOTAL AMOUNT PAST DUE: $1275.61 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1275.61, PLUS ANY MORTGAGE PAYMENTS, LATE CHARGES AND DELINQUENCY EXPENSES WHICH BECOME DUE DURING THE THIRTY 130) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 689196 Des Moines, IA 50368 -9196 IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. 02010 CitiMortgage, Inc. CitiMortgage, Inc. does business as Citkorp Mortgage in NK CitiMortgage, Inc. is an equal housing lender CIO, Arc Design, and Citi and art Design are registered servke rnarls of 014roup Ix , Calls are randorNy monitored and recorded for quality assurance. CitiMortgage is a debt collector and any information obtained wig be used for that purpose. CttlMortgage C Iti Page Five www.citimortgage.com 4/8/2011 2004148744 IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00, However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00, Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due. plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: 1000 Technology Drive O'Fallon, MO 63368 -2240 Phone Number: 1 -800- 723 -7906" Fax Number: 1- 636 -261 -7716 Contact Person: Adam Saab Email Address: ryan.ollier @citi.com * Calls are randomly monitored and recorded to ensure quality service. @Z0100liNortgage, Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in NM.CibMortgage, Inc. is an equal housing lender. Citi, Arc Design, and Off and Arc Design are registered service zs marks at Citigreup Inc. •Gaits are randomly monitored and recorded for quality assurance. CitiiftdgNe is a debt collector andany information obtained will be used for that purpose. CitiMortgage ti Page Six www.citimortgage.com 4)812011 2004148744 EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - Please refer to your original loan documents to determine whether or not you may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may also call the 1 -800 Number above to find out whether your loan is assumable. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY PROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO 140T HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 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. Enclosure: Consumer Credit Counseling Agencies, including those for your county. This in 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. {1 02010 CitiMortgage. Inc. CitiMortgage, Inc. does business as Citicorp Mortgage in IIK CitiMortgage, Inc. is an equal housing lender. Citi,Arc Design. and Citi and Arc Design are registered service y`Sac marks of Chigroup Inc. *Calls are randomly monitored and recorded forauality assurame. CitiMortgage is a debt collector and any information obtained wiltbe used for that purpose Verification Ao. i ds' f'I plc �' of Citibank, N.A., the wit m Plaintiff, and verifies that the statements of fact made in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to the authorities. SIN 113 UbLaow Aeei�nVkke Date: (Sig ature of a rized representative) Kathryn Raezer 8744 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 4—_{ 3 Sheriff '-- Jody S Smith cn J Chief Deputy - Richard W Stewart >C-, Solicitor Citibank, N.A. Case Number vs. 2013-1694 Kathryn Raezer SHERIFF'S RETURN OF SERVICE 04/02/2013 05:58 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kathryn Raezer at 77 Mountain Lane, Hopewell Township, Newburg,?A 17240. GUTSHALL, DEPUTY SHERIFF COST: $48.00 SO ANSWERS, 0-1�2-2 (;" )� 2x� April 03, 2013 RONI1rY R ANDERSON, SHERIFF 155879/221 CITIBANK,N.A. IN THE COURT OF COMMON PLEAS 1000 Technology Drive, O'Fallon,MO 63368 Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA c:) V. G _off w NO. 13-1694-CIVIL rn r-rn r- KATHRYN RAEZER 77 Mountain Lane Newburg PA 17240 - f�-� .— Defendant : CIVIL ACTION-LAW v� c-) L� O T-ri C Praecipe for Default Judgments To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: $49,665.77 TOTAL $49,665.77 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys,if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A)of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on inf ation received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED B n Nei Associates, P.C. AND DAMAGES ASSESSED AS ABOVE, NOTICE OkEN DE .R.CIV.P. B le einstein, Esquire ttorney for Plaintiff Pro Pttlaon �,- D. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. (OVA 4114.*Z a Nc��ice �1a,�le� 155879/265 CITIBANK, N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-1694-CIVIL KATHRYN RAEZER Defendant : CIVIL ACTION - LAW TO: Kathryn Raezer 77 Mountain lane Newburg PA 17240 DATE OF NOTICE: April 30, 2013 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your latiyer at once. If you do not have a lawyer, go to or telephone the office below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with infonnation about agencies that may offer legal services to eligible persons at a reduced fee or no fee. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-910 Bu n Ne' Ass ciates, P.C. v: ale. . We.ins em, luire Atto ey for N off This is an attempt to collect a debt., and any infonnation Idei ification No. 89678 obtained will be used for that purpose. This 10 0 Andrew Drive, Suite 170 communication is from a debt collector. West Chester, PA 19380 (610) 696-2120 Burton Neil &Associates,P.C. By: Yale D. Weinstein, Esquire ID.NO. 89678 1060 Andrew Drive, Suite 170 West Chester,PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK,N.A. Plaintiff IN THE COURT OF COMMON PLEAS V. CUMBERLAND COUNTY,PENNSYLVANIA KATHRYN RAEZER NO. 13-1694-CIVIL Defendant CIVIL ACTION-LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on do cv 3 Prothonotary By: C% k Deputy If you have any questions concerning the above,please contact: Yale D. Weinstein, Esquire Attorney for Parry Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 This is an attempt to collect 7a debt, and any information obtained will be used for that purpose. This communication is from a debt collector.