The URL can be used to link to this page

Home My WebLink About13-1658 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Me han K. Boyle, Esquire Id No. 201661 g Y q � � .; � . - r. ,j Sean P. Mays, Esquire Id No. 307518 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 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. 1 3 — J lJl� O V MICHAEL J. MAYER, JR. COMPLAINT IN DAWN M. MAYER MORTGAGE FORECLOSURE 730 MOUNT ROCK ROAD CARLISLE, PA 17015 DEFENDANTS NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 P49 U /) I/ * to �3S o(o 3g 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.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 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. Nalbandian, I1I, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942 -2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. MICHAEL J. MAYER, JR. COMPLAINT IN DAWN M. MAYER MORTGAGE FORECLOSURE 730 MOUNT ROCK ROAD CARLISLE, PA 17015 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. Citimortgage, Inc. (hereinafter referred to as "Plaintiff") is a Corporation with a principal place of business in O'Fallon, Missouri. 2. Michael J. Mayer, Jr. and Dawn M. Mayer (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 as Mortgagee by Assignment. The Mortgage, dated January 31, 2007, was recorded on February 2, 2007 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1981, Page 1866. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on November 14, 2012 in the Office of Recorder of Deeds in Cumberland County in Instrument #201235170. A copy of the Mortgage and Assignment 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 January 31, 2007 in the original principal amount of $239,900.00, which is payable to Plaintiff in monthly installments with an interest rate of 6.625 %. A copy of the Note is attached and made a part hereof as Exhibit `C'. 5. The land subject to the mortgage is 730 Mount Rock Road, Carlisle, PA 17015. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 730 Mount Rock Road, Carlisle, PA 17015. 7. Plaintiff and Defendants entered into a Loan Modification Agreement, which was recorded August 21, 2009 In Instrument #200929498. A copy of said Agreement is attached and made a part hereof as Exhibit `D'. 8. 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 $245,866.07 Interest to 03/15/2013 $6,618.16 Accumulated Late Charges $674.45 Inspections $108.00 Escrow Advance Balance $1,548.93 TOTAL $254,815.61 plus interest from 03/16/2013 at $33.6803 per day, costs of suit and attorney's fees. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendants in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ( "Act 91 Notice ") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on January 2, 2013. A copy of the Notice is attached and made a part hereof as Exhibit `E'. WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendants, in the sum of $254,815.61, together with interest, costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. 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 ❑,Se'an P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian,lI1, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT "A" qo(7 e 0(d4'� ' Ri;9c'�T p. ZIEGI.ER %ECORDER OF DEED-' t'.,M8I:RLA11C C0U'l 20Cj FEB 2 fln 10 25 This instrument Prepared By: After Recording Return To: PHILADELPHIA FI14ANCIAL MORTGAGE A DIVISION OF LEESPORT BANK 1767 SENTRY PARKWAY WEST SUITE 220 BLUE BELL, PENNSYI,VAN A ! 19422 Loan Number: 12407013002004085639 Uniform Parcel Identi f ier T umber: 31-10-0624-051 Properly Address: ?30 MOUNT ROCK ROAD CARLISLE, PENNSYLVANIA 17015 [Space Above This line For Racording Data] MORTGAGE MIN: 1001292 - 0012407013 - 7 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding tltc usage of words used in this document are also provided in Seclion 16. (A) "Security Instrument" metros this document, which is dated JANUARY 31, 2007 , together with all Riders to this document. (B) "Borrower" is MICHAEL J MAYER, JR AND DAWN M MAtER Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, !:lint, MI 48501 -2026, tel. (888) 679 -MERS. PENNSYLVANIA -- Single Family 40cMagiaeE 800449- f362 Fannie Moo /Freddie Mac UNIFORM INSTRUMENT - MERS www cfocmagdc.com Form 3039 01101 Page 1 of 17 Pi)019.um (D) "Lender" is PHILADELPHIA FINANCIAL MOR'T'GAGE A DIVISION OF LEESPORT BANK Lender is a PENNSYLVANIA BANKING CORPORATION organized and existing under the laws of PENNSYLVANIA Lender's address is 1767 SENTRY PARKWAY WEST, SUITE 220, BLUE BELL, PENNSYLVANIA 19422 (E) "Note" means the promissory note signed by Borrower and dated JANUARY 31, 2007 The Note states that Borrower owes Lender TWO HUNDRED THIRTY -NINE THOUSAND NINE HUNDRED AND 00/100 Dollars (11.S. $ 239,900.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 1, 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, Eny prepayment charges and late charges due under the Note, and all sums due under this Security instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): n Adjustable Rate Rider n Planned Unit Development Rider F1 Balloon Rider [] Biweekly Payment Rider - - -- _[] 1- 4 Family - Rider --- [) -- Second - Home - Rider----- __ E] Condominium Rider [] Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, Mate and focal statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (3) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (1) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or PENNSYLVANIA—Single Fann'ly DocMaglc tTtig Dad IMS43•1362 Fennie Mae /Freddle Mac UNIFORM INSTRUMENT • MERS www.doamegic.com Form 303901101 Page 2 of 17 U16 17 V l i U t-V V.f_ PilOS9.mm destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in I ieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. ,N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount Clue for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument, (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. $2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and /or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender; (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to M ERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the COUNTY of CUMBERLAND Name o1`Rccordin Juri"siiicti�snl - -- -- - - - - - — - ft'ypo of Recording Jurisdiction) l 8 ATTACHED HERETO AND MADE A PART HEREOF A.P.N.; 31 -10- 0624 -051 which currently has the address of 73C MOUNT ROCK ROAD (Street) CARLISLE , Pennsylvania 17015 ( "Property Address "): [City) [Zip Coda) TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, 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 gritntrd 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 PENNSYLVANIA - Single Family DocMagic 0tum 800•64X:3e2 Fannie Mae /Freddie Mac UNIFORM INSTRUMENT- MERS www.docmagic.com Form 3039 01 /01 Page 3 of 17 . _R I a Q I, -fir 1 u.,� Q . PLIMMM 4 and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling .his Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combings uniform covenants for national use and non - uniform covenants with limited variations by, jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender coven mt and agree as follows: i 1. Payment of Principal,lnterest, Escrow Items, Prepayrient Charges, and late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments .due under the Note and this Security Instrument shall be made in U.S. currency. flowuver, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location desi gnated in the Note or at such other location as maybe designated by Lender in accordance with the notice provisions Section 1 - Lender may return any payment or partial payment i f the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not, obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security ' Instrument. Z. Application or Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall W applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to each Periodic I Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a, delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the.late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the. Periodic Payments if,. and. to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may PENNSYLVANIA -- Single Family 0MA?agIo a -;DV a eoa649 -1362 Fannie Mae /Freddie Mac UNIFORM INSTRUMENT - MERS www.d0cM*g1;.com Form 3039 01101 Page 4 of 17 �� A t j . a .. t - _rF F,56- �)e applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fiends for Escrow Items. Borrower shall pay to lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a stun (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other 'items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums. payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items.' At origination or at any tirre during the term of the loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Rents unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "co venant and agreement" is used in Section 9. 1f Borrower is obligate to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, n er may exercise I s rig is under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any by a notice given 'in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits ore insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. bender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, Lanually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest.on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender sliail'not be required to pay Borrower any interest or earrings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. !.ender shall give to Borrower, without charge, as annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of PENNSYLVANIA- Single Family DocMayrc evtao 900.649.1362 Fannie Mae /Freddie Mac UNIFORM INSTRUMENT - MERS www.doemagic.com Form 3039 01 101 Page 5 of 17 y "� -. -rte -l_ o_1 u . funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower :.hall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice; identifying the lien. Within lb days of the date on which that notice is given, Borrower shall satisfy, the lien or take one or more of the actions Net forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a ical estate tax verification and /or reporting service used by Lender in connection with this Loan. 5. P rot, . insurance. Borrower shall keep the improvements now existing or h ereafter erected on the Property insured against loss by fire, hazards Included within the term "extended coverage," and - any other including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) it one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from as objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against airy risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of &,rrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies; shall include a standard mortgage clause, and shalt name Lender as mortgagee and /or as an PENNSYLVANIA--sin le Family OocltfagiC i eoo.essassa Fannie Mae/Freddie Mec UNIFORM INSTRUMENT • MERS www.docmagic.com Form 3039 01101 Page 6 of 17 hmg.mm ti1C b y t rt; r a , additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee attdlor as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower, unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shtdl be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the r ght to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly, Lender may disburse proceeds for Ute repairs and restoration in a single payment or in a series of progress payment,; as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2, If Borrower abandow% the Property, Lender may file, negotiate and settle any available insurance claim and re lated matters. if Borrower does not respond w ithin 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the c aim: The 30= da�rittti will bEgin wheq - -- - - - -- — notice is given, In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any "other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under aH insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property, Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Properly as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property allow the Property to deteriorate or commit waste on the Property. Whether or not ! Borrower is residing in the Property,, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair restoration is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient PENNSYLVANIA— Singto Family 00cmagic CERW oay dM449 -1362 Fannie Mao(Freddie Mac UNIFORM INSTRUMENT • ME138 www.doemayia.com Form 3039 01!01 Page 7 of 17 m� f 1"171 to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. i Lender or its agent may make reasonable entries upon andinspwctions of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during this Loan application process, Borroweror any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide [ender with material information) in connection with the Loan. Material rcpresentations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9, Protection of Lender's interest in the Property and Bights Under this Security Instrument. if (a) Borr ower fails to perform the covenants and agreements eontaincd In this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce taws or regulations), or (u) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by alien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this Security instrument, inel uding its secured _ position in - a bankruptcy proceeding. Securing the Property includes, but is not li mited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water r p pes ee tnima a wilding or — — - — other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under ths Section ,9 shall become additional debt of Borrower secured by this Security Instrument. These antounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment, If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terntinate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required, Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately desigmited payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to.b : in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage I riurance. Such loss reserve shall be non - refundable, PENNSYLVANIA— Singlo Family DocMaglcen-mm aCOSes•rssa Fannie MaelFreddie Mee UNIFORM INSTRUMENT - MERS www.doomesic.com Form 3039 01101 Page 8 of 17 v.m� UK 19 6 ifb!613 - .r notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such toss reserve. Lender can longer require loss reserve payments if Mortgage Insurance :overage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again 5ecomes available, is obtained, and Lender requires .separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to lime, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of hinds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying _____ the mort gage insurer's risk, or reducingao If such agreement provides that an a of L ender takes a share ` of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement - is often - termed 'captive reinsurance." Further: (a) Any such agreements will not affect the amounts brat Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - It any - with respect to the Mortgage Insurance under the Homeowners Protection Actor 1998 or any other law. These rights may include the right to receive certain disclosure.4, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shell be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a singledisbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security PENNSYLVANIA -- Single Family DocMagiC eVbVV G 900-60-136.7 Fannie Mae /Freddie Mae UNIFORM INSTRUMENT - MERS www.docinegic.com Form 3039 01101 Pago 9 of 17 � Po0079.man cs I . I u . . �__ . •_.. _ Instrument, .whether or not then due, with the excess, if any, paid du Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total Wring, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal tour greater than the amount of the sums secured by this Security instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (t1) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. if the Property is abandoned by Borrower, or if, after notice by Tender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damage,, Borrower fails to respond to Lender within 30 days after the date the notice is given, tender is authorized to collect and apply the Miscellaneous Pro ceeds eithe to restoration or rep air of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party "means the third party that owes Borrower Miser aneous roceeds or a pear y against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shad be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's intcrest:in the Property or rights under this Security Instrument. Borrower can cure such it default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. 'Me proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. Ail Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors end Assigns Bound, Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security PENNSYLVANIA -- Single Family trocowagic eV4TM= 8003 Fannie Mae /Freddie Moo UNIFORM INSTRUMENT - MERS www.docmeo.com Form 3039 01101 Page 10 of 17 i F va]vlq.maa (!1t 1 7 Q_ 1 F U( U! J Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Propeny under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by thin Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security instrumentin writing,, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Securitylnstrtunent. Bormwer shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) ;Ind benefit the successors and assigns of Lender. 14. Loan Charges. lender may charge Borrower fees for .ervices performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender m ay choose to make this refund by reducing th e principal owed under the Note or by making a direct p to Borrower, if a refund reduces principal, the reduction will be treated as a partial. prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge, 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall. promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. 'There may be only one designated notice address under this Security instrument at anyone time. Any notice to Lender shall begivenby delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection i with this Security instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabliity; Rules of Construction. This Security Instrument shall be govemed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and linii in ons of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract, in the event that any provision or clause of this Security PENNSYLVANIA - - 5ingto Family DocMabic eMnp9oba e00- eis•1362 Fannie MeelFreddie Mae UNIFORM INSTRUMENT - MERS www.docmag7c.com Form 3039 01701 Page 11 of 1 7 rarW.M.o Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security : nstrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy, Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, lnstalinrant sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to.a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or i f Borrower is not a natural person and a'beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is.given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies perrnitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall hav the right to have enforcement of this Security instrument discontinued at any time prior to the earliest of: (a) five days before sate of the Property pursuant to any power of sae cant amc In th - (br) such -- — - - - - -- other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower- (a) pays lender all sums which i then would be due under this Security Instrument and the Note as If no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums, secured by this Security Instrument, shall continue unchanged; Lender may require that Borrower pay such reinstatement sums and expenses in one or snore of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon; an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d) Electronic Funds Transfer, Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the can of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage Ioan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other PENNSYLVANIA - Single Family DoCkfagleMOMW 80a"S.1362 Fannie Mae /Freddie Mac UNIFORM INSTRUMENT • MERS www.docmaglc.com Form 3039 01101 Page 12 of 17 I information RESPA requires in connection with a notice of transf €r of servicing. If the Note is sold and thereafter the Loan is serviced by a Lo-,in Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be jointed to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's r.fxions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this.Security Instrument, until such Borrower or L.enderhas notified the othcrparty (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable La w provides a tim period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration, given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to tale; corrective action provisions of this Section 20, 21. Hazardous Substances. As used. in this Section 21; (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in _EnvironmentaLLaw_;- and_(d)_att "Eny nmental Condition" rn a con dition tha can cause contn'bute to, or -- t -- . — otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, uso, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited lo, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) .any investigation, claim, demand, lawsuit or other action by governmental or regulatory agency orprivate party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. if Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation oa Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under I PENNSYLVANIA-.Single Family Doemagic f°,.t�t„nv= I00-6e0- Fannie MaeiFreddie Mac UNIFORM INSTRUMENT • MERS www.cfocmeoc.com Form 3039 01101 Page 13 of 17 OMyuu y }5 Section 16 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by J udicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the. extent permitted by Applicable Law. 23. 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. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. 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. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior -to-the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26, Purchase Money Mortgage. If any of the debt secure yl�this SecunTy lent - to - Borrower - to -- - - -- acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note, I PENNSYLVANIA — Sin gle Family DocMagic eUiZpapita 800.248.1362 Fannie Mae/Freddie Mac UNIFORM. INSTRUMENT - MERS www.docwvvk. can Fovm 3039 01(01 Page 14 of 1 Pa1otl9.maa BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. (Seal) (Seal) MICHAEL J MAYER, JR t2A -Borrowcr DAVIN M MAYER - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) - - Borrower - Borrower Witness: Witness: PENNSYLVANIA—Single Family .. DocMagie �itlQt+ = SW449 - 2362 Fannie Mae/Freddle Mac UNIFORM INSTRUMENT- MERS www.dremagdc,com Form 3039 01101 Page 15 of 17 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this the day of before me, the undersigned officer, personally appeared MICHAEL J MAYER, JR AND DAWN M MAYER known to me (or satisfactorily proven) to be the person(s) whose namc(s) is /are subscribed to the within instrument and acknowledged that helshe /they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand. and official seals. Signature Title of Officer (Notary's Stamp and Embosser) My commission expires: NOTARIAL SEAL RE NP.P. L. MURRAY, Monty Pabllo Culisk Boma Cwnbedwd County, PA My CommiMml Expires Do& 13.210 PENNSYLVANIA••Single Family DochtaglCe0001E M 800.649.1362 Fannie Moo /Freddie Mac UNIFORM INSTRUMENT • MERS www.docmagk.com Form 3039 01101 Page 18 of 17 - 1 V C!_t PaWJ9.mao 1 , Certificate of Residence of Mortga>~ee The undersigned hereby certifies that: (i) he /she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is: P.O BOX 2026, FLINT MI 48501 Witness my hand this 31 ST day of JANUARY 2007 signature of Mortgagee or Mortgagee's Duly Authorised Attorney or Agent X R IRSIPHOF Type or Prim Narne.of Moilgegee or Mortgagee's Duly Audloriml Attorney or Agent PENNSYLVANIA. le Family DoeMagia do0.6s9.1367 Fannie Mae /Fradche Mac U141FORM INSTRUMENT - MFRS www.doemayfe.com Form 3039 01101 Page 17 of 17 VII 1 ./' v 1 1" v . - �. w.. - -.:- ::" -. -. • _ _. t3b39.IM1IDS Exhibit A ALL THAT CERTAIN tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin at the division line of lands now or formerly of Floyd R. Lebo, et ux, and lands now or formerly of Ira E. Comp, Jr., et ux.; thence along lands of (lie latter South 60 degrees 12 minutes 10 seconds East a distance of 636.16 feet to an iron pin; thence South 12 degrees 55 minutes 02 seconds West a distance of 135.37 feet; thence along a variable width private right -of -way and along a curve to the left having a radius of 50,00 feet, are length of 72.67 feet, delta angle of 83 degrees 16 minutes 35 seconds,. a chord bearing of South 61 degrees 16 minutes 44 seconds West, and a chord length of 66.44 feet to an iron pin; thence along Lot No. 2 North 70 degrees 21 minutes 33 seconds West a distance of 318.33 feet to an iron pin; thence along the same South 88 degrees 13 minutes 45 seconds West, a distance of 380.00 feet to an iron pin; thenco long lands now or formerly of Joseph H. Mowery North 0 degrees 18 minutes 08 seconds NVest a distance ul' 510. ©0 feet to an iron pin; thence along lands now or formerly of Floyd E. Lebo, et ux. South 60 degrees 12 minutes 10 seconds East a distance of 251.91 feet to in iron pin, the Place of BEGINNING. CONTAINING 5,4291. acres and being described according to a survey of Eugene A. Hockensmith, Professional Land Surveyor, dated January 16, 1991. BEING designated as Lot - No. 3—of t he Final Subdivision Plan for Earl B. Swarner and Nan L. Stvarner and recorded in Plan Hook 62, Page 94, in the Office of the Recorder of Des is and — for Cumberland County, Pennsylvania. ALSO Including a variable width private right -of -way in favor of the Grantee herein, his heirs and assigns; to be shared in conjunction with the owners of Lots Nos. 1 and 2, for the purpose of providing for ingress, egress, regress, utility placement, drainage facilities, and other necessary uses, which private right -of -way crosses a portion of Lot No.1 as shown on the aforesaid Subdivision. Tian. The said variable width private right -of -way is more particularly bounded and described as follows: BEGINNING at an iron pin which is offset 790.59 feet perpendicular in a Northwesterly direction from Interstate Route No. 81 (L.R. 799) centerline station 707 + 04.31; thence along lands locally known as the Southbound Newville Rest Area now or formerly of the Commonwealth of Pennsylvania South 4 degrees 53 minutes 29 seconds East, a distance of 11.88 feet to an iron pin; thence running through Lot No, I South 85 degrees 33 minutes 22 seconds West, a distance of 328.27 feet town iron [yin; thence through the same and along a curve to the left having a radius of 25.00 feet, are length of 21.03 feet, delta angle of 48 degrees 11 minutes 23 seconds, a chord bearing of South 61 degrees 27 minutes 41 seconds West, and a chord length of 20.41 feet to an Iron pin; thence through the same and along a curve to the right hating a radius of 50.00 feet,. are length of 57.20 feet, delta angle of 65 degrees 33 minutes 02 seconds, a chord bearing of South 70 degrees 08 minutes 31 seconds West, and a chord length of 54.13 feet to an iron pin; thence along Lot No. 2 and along a curve to the right having a radius of 50.00 feet, are length of 84.41 feet, delta angle of 96 degrees 43 minutes 24 seconds, a chord bearing of North 28 degrees 43 minutes 16 seconds West, and a chord length of 74.74 feet to an iron pin; thence along Lot No. 3 ns described above and along a curve to the right having a radius of 50.00 feet, arc length of 72.67 feet, delta angle of 83 degree.% 16 minutes 35 seconds, a chord bearing of North 61 degrees 16 minutes 44 seconds East, and a chord length of 66.44 feet to an iron pin; thence running through Lot No. 1 and along a curve to the right having a radius of 50.00 feet, arc length of 26.90 feet, delta angle of 30 degrees 49 minutes 43 seconds, a chord bearing of South 61 degrees 40 minutes 06 seconds East; and a chord length of 2658 feet to an iron pin; thence through the same and along a curve to the left having, a radius of 25.00 feet, arc length of 21.03 feet, delta angle of 48 degrees 11 minutes 23 seconds, a chord bearing of 70 degrees 20 minutes S6 seconds East, and a chord length of 20.41 feet to an iron pin; thence through the same North 85 degr( :es 33 minutes 22 seconds East, a distance of 222.61 feet to an existing vertical limestone; thence along lands now or formerly of Ira E. Camp, Jr., et nx., North 85 degrees 33 minutes 22 seconds East, a distance of 1588.92 feet to an iron pin; thence along the same and a 40 foot wide private access easement as shown on the Pennsylvania Department of Transportation plan number 16 (L.R. 799 - section number 3) North 85 degrees 33r minutes 22 seconds East a distance of 90.6'. feet to an iron pin at the intersection of the property line and the, legal right-of-way line of Interstate Route Number 81 (L.R. 799); thence along the Northwest legal right -of -way line of Interstate Route Number 81 South 59 degrees 21 minutes 40 seconds West a distance of 77.45 feet to an iron pin; thence along lands of the Southbound Newville Rest Area now or formerly of the Commonwealth of Pennsylvania South 85 degrees 24 minutes 23 seconds West a distance of 1504.46 feet to an iron pin; the Place of BEGINNING. ALSO including a 40 foot wide private easement in favor of the Grantees herein, his heirs and assigns, to be shared in conjunction with the owners of Lot Nos. I and 2, across the Southeast corner of the adjacent property now or formerly of Ira E. Camp, Jr., et ux., as shown -on- the P- enns) Aepar-tment--of Trausliortation -&n nu :16 &R. 799 section number 3), for the purpose of providing; for ingress, egress, regress, utility placement, drainage facilities, and other necessary uses. The said 40 foot wide private easement is more particularly bounded and described as follows: BEGINNING at an iron pin at the intersection of the Western legal right -of -Keay line of the Mount Rock Road (L.R. 21004) and. the Northwest legal right -of -way line of Interstate Route Number 81 (1,.R. 799); thence along the legu1 right -of -way line of Interstate Route Number 81 South 59 degrees 21 minutes 40 seconds West, a distance of 27.46 feet to an iron pin; thence along Lot No. 1 as shown on the aforesaid Subdivision flan South 85 degrees 33 minutes 22 seconds West a distance of 90.61 feet to n a iron pin; thence running across lands now or formerly of Ira E. Comp, Jr., et ux. North 59 degrees 21 minutes 40 seconds East a distance of 132.46 feet to an iron pin in the Western legal right -of -way line of Mount Rock Road; thence along the said right -o&tti ay line and along a curve to the right having a radius of 376.68 feet, are length of 46.52 feet, delta angle of 7 degrees 04 minute 34 seconds, a chord bearing of South 0 degrees 00 minutes 01 seconds West, and a chord length of 46.29 feet to an iron pin, the Place of BEGINNING. Cert' -y this to be recorded ire Cumberland County pA Recorder ofDeeds z Rif, EXHIBIT "B" Js" / ?V . Prepared By / Return To: E.Lance/NTC, 2100 AIL 19 North, Palm Harbor, FL 34683 2TC (800)346 -9152 Tax Code/PIN/UPI #: 31-10-0624-051 J ASSIGNMENT OF MORTGAGE FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, ITS SUCCESSORS AND ASSIGNS, WHOSE ADDRESS IS P.O. BOX 2026, FLINT, MI, 48501, (ASSIGNOR), (MERS Address: 1901 E Voorhees Street, Suite C, Danville, IL 61834) by these presents does convey, grant, assign, transfer and set over the described Mortgage therein together with all interest secured thereby, all liens, and any rights due or to become due thereon to CITIMORTGAGE, INC., WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON, MO 63368 -2240 (800)283 -7918, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE). Said Mortgage is dated 01/31/2007, in the amount of $239,900.00, made by MICHAEL J. MAYER, JR. AND DAWN M. MAYER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, recorded on, in t e iff a of Efie�der f CUMBERLAND C in Book - 198 - i — Page - 2 - 866, - And/or - -- -- - Document #. Property is commonly known as: 730 MOUNT ROCK ROAD TWP. OF PENN, CARLISLE, PA 17015. Dated on 10/12 (MM/DD/YYYY) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, ITS SUCCESSORS AND ASSIGNS By: BELINDA AGE RE ASST. SECRETARY PAGE 1 CMAVR 17453431 - -MERS MOM CJ43258271X N1 MIN 100129200124070137 MERS PHONE 1 -888- 679 -6377 T3012105609 [C] FORM5IFRMPAI I IN IN IN IM111 1111111111111 L ��II III VIII 1111111 �I� Nlil IIIII IlII�III 1!111 IIlI I III STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me on 101 (MM/DD /YYYY), by BELINDA AGUIRRE as ASST. SECRETARY for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, ITS SUCCESSORS AND ASSIGNS, who, as such ASST. SECRETARY being authorized to do so, executed the foregoing i trument for the purposes therein contained. He/she/they is (are) personally known tome. Bizabeth'A Mustard Notary Pubic 01 Florida RU§TARD My Commiss[on # EE oea429 Not y Public - State of FLORIDA •• Expires August 27, 2015 Commission expires: 08/27/2015 _ eone_ed Tt�ru y Public undeiwitron Assig of Mortga a from: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, ITS SUCCESSORS AND ASSIGNS, WHOSE ADDRESS IS P.O. BOX 2026, FLINT, MI, 48501, (ASSIGNOR), (MFRS Address- 1901 E Voorhees Street, Suite C, Danville, IL 61834) to: CITIMORTGAGE, INC., WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON, MO 63368.2240 (800)283 - 7918, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE) Mortgagor: MICHAEL J. MAYER, JR. AND DAWN M. MAYER When Recorded Return To: CitiMortgage, Inc. C/O NTC 2100 Alt. 19 North ___-.-------.-....- - - - - -- All that certain lot or piece of ground situated in Mortgage Premise: 730 MOUNT ROCK ROAD TWP. OF PENN CARLISLE, PA 17015 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more particularly described in said mortgage. 1, BELINDA AGUIRRE , hereby certify that the below information and address for the assignee are correct: CITIMORTGAGE, INC., WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON, MO 63368.2240 (800)283 -7918, ITS SUCCESSORS OR ASSIGNS, (ASSIGNEE) BY• /��4T�Td / - BELINDA AGUIRR ASST. SECRETARY PAGE "17453431" CMAVR 17453431 -- MERS MOM CJ43258271X N1 MIN 100129200124070137 MERS PRONE 1 -888- 679 -6377 T3012105609 [C] FORM5IFRMPAI I INIMI oil 1111111111111111 r :L- .:.l.S r.... _...... '37:s: .».. .::.srai'w.... .cJ•v. i`A�a'ra.n._ <. _ - - :L..,- .sY�WJI.��.4+a::iiNli •: ... y...a .... L ROBERT P. ZIEGLER RECORDER OE DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE F -S CARLISLE, PA 17013 717 - 240 -6370 Instrument Number - 201235170 Recorded On 11/14/2012 At 9:49:23 AM * Total Pages - 3 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 122043 User ID - JM * Mortgagor - MAYER, MICHAEL J JR * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - NATIONWIDE TITLE CLEARING * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 LTUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part of this legal docu COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in CumberlandTounty PA - RECORDER OF D rEDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OmTCp Nll�lllll�lll�!!!l� EXHIBIT "C" ORIGINA MIN: 1001292 - 0012407013 -7 NOTE JANUARY 31, 2007 BLUE BELL PENNSYLVANIA [Date] [City] [State] 730 MOUNT ROCK ROAD, CARLISLE, PENNSYLVANIA 17015 (t'roperty Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 239,900-00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is PHILADELPHIA FINMICIAL MMIGAGE A DIVISICN OF LEESPORT BANK, A PENNSYLVANIA BALD cm CORPORATION I will make all payments under this Note in the form of cash, check or money order. 1 understand 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 is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.625 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my_ month1y_payment on-the_ is _t— day--aLeach- month_beginning_on MARCH - -1 2007 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on FEBRUARY 1, 203 7 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 1767 SENTRY PARKWAY WEST, SUITE 220, BLUE BELL, PENNSYLVANIA 19422 i or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,536.11 4. BORROWER'S RIGHT TO PREPAY 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 writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; MULTISTATE FIXED RATE NOTE -- Single Family DOCMogIC rQ`$UMM 9110.649 -1362 Fannie Mae /Freddie Mac UNIFORM INSTRUMENT www.docrosglc.com Form 3200 1 /01 Page 1 of 3 U :9M.wi and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I 011 pay a late charge. to the Note Holder. The amount of the charge will be 5 . 0 0 0 % of my overdue payment of principal and interest. twill pay this late charge promptly but only once on each late payment. ' () 'Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me- a written notice telling me 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 dafe must be at 30 days after the date on which the notice is mailed to me or delivered by other means, . (D) No Waiver By Note Holder Even if, at a tinie when I am in default, the Note Holder does not require me to pay immediately in full as described.above, the Note Holder will still have the right to,do so if I am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by the for all of its costs and exp6hses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for.example, reasonable.attorneys' fees. 7. GIVING OF NOTICES Unles a lilt cable law 'requires a different method, any notice t must b e given to m e unde this N ote will b given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. 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 this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that, any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS ' I 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 the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 14. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep MULTISTATE FIXED RATE NOTE — Single FamUY DodidagAcgVm pF10 800.6 * 9.1362 Fannie Mae /Freddie Mac UNIFORM INSTRUMENT www.docmegic.com Form 3200 1101 Page 2 of 3 Us32M.m the promises which I make in this Note. That- Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 1 — (Seal) __ y � 1 t l 1lw!1 (Seal} MICHAEL J J - E DA MA AR - - -- . - - -- - Bor - -- - -- — -- - -- - - -- - Borrower -- (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower [Sign Original Only] MULTISTATE FIXES) RATE NOTE- - Single Family D0CA(a9k 800.6494362 Fannie Mee /Freddie Mac UNIFORM INSTRUMENT www.docrosgk.com Form 3200 1101 Page 3 of 3 moxxg A.LLONGE Borrower(s): MICHAEL J MAYER, JR, .DAWN M MAYER Property Address: 730 MOUNT ROCK ROAD, CARLISLE, PENNSYLVANIA 17015 Principal Balance: $239,900.00 Loan Date: JANUARY 31, 2007 PAY TO TAE ORDER OF CITIMORTGAGE, INC. Without Recourse Company AMC: PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK O f L�!-c is-� -� ' MORT"02 ONDERMTING KAUGIR (Name) DENISE DIGIOVANNI (Titic) pav to the OTAtf O � -�•�- , y ' j t. .. 'aa• J Inc �Ciuh'1�n8' S ns, EXHIBIT "D" ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY a . 1 COURTHOUSE SQUARE - a "'`' -•" CARLISLE, PA 17013 = a 717- 240 -6370 a ° Instrument Number - 200929498 Recorded On 8/21/2009 At 12:20:21 PM * Total Pages - 8 * Instrument Type - MODIFICATION OF MORTGAGE Invoice Number - 50896 User ID - MSW * Mortgagor - MAYER, MICHAEL J JR * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - FIRST AMERICAN * FEES STATE WRIT TAX $0.50 Certification Page RECORDING FEES - $17,50 RECORDER OF DEEDS DO NOT DETACH PARCEL CERTIFICATION $10.00 FEES This page is now art COUNTY ARCHIVES FEE $2.00 P g P ROD ARCHIVES FEE $3.00 of this legal document. TOTAL PAID $33.00 I Certify this to be recorded in Cumberland County PA o , 4 / ° RECORDER 0 O D EDS >tiso ' - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0011H7 J 0011 H7 I [Space Above This Line for Recording Data] "\t1 AM6R LOAN MODIFICATION AGREEMENT (Providing for Step Interest Rate) --Pti ' 3 1 " 1 , D- ob a 14 - oS 1 CMUCB # 2004085639 This Loan Modification Agreement ( "Agreement "), made April 30, 2009, between MICHAEL I MAYER JR, DAWN M MAYER, ( "Borrower ") whose address is 730 Mount Rock Rd, Carlisle, PA 17015 -9453 and CitiMortgage, Inc. ( "Lender "), whose address is 1000 Technology Drive, O'Fallon, MO 63368 -2240, and Mortgage Electronic Registration Systems, Inc., whose address is P.O. Box 2026, Flint, MI 48501 -2026 ( "Mortgagee "), amends and supplements (t) the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument'), and Timely Payment Rewards Rider, if any, dated 01/31/07, and recorded on 02/02/07 in Book or Liber 1981, at page(s) 1866, or Document No. na, of the Recorders Office of the Records of LEBANON COUNTY, Pennsyivania, and (2) the j Note bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as the "Property", located at 730 MOUNT ROCK ROAD, - CARLISLE, PA 17013, area property described being set onhin the - a ched LEGAL DFSCRIPTION; or as follows: In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained in the Note or Security Instrument): 1. As of 06/01 /09, the amount payable under the Note and the Security Instrument (the "Unpaid Principal Balance ") is U.S. $245,721.86, consisting of the unpaid amount(s) loaned to Borrower by Lender plus any interest and other amounts capitalized. (The current unpaid principal balance now due and owing of $235,200.91, plus the total capitalized amount of $10,520.95 equal the Unpaid Principal Balance of $245,721.86.) 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of Lender. Interest will be charged on the Unpaid Principal Balance for the fast year at the yearly rate of 4.625%. from 06/01/09 and Borrower promises to pay monthly payments of principal and interest in the amount of $1,124.50, beginning on 07101/09. During the second year, interest will be charged at the yearly rate of 5.625%, from 06/01/10, and Borrower shall pay monthly payments of principal and interest in the amount of $1,285.72 beginning on 07/01 /10. During the third year and continuing thereafter until the Maturity date (as hereinafter defused), interest will be charged at the yearly rate of 6.62596, from 06101/11, and Borrower shall pay monthly payments of principal and interest in the amount of $1,452.78 beginning on 07/01 /t t and shall continue the monthly payments thereafter on the same day of each succeeding month until principal and interest are paid in full. If on 06/01/49 (the "Maturity Date "), Borrower still owes amounts under the Note and Security Instrument, as amended by this Agreement, Borrower will pay these amounts in full on the Maturity Date. LOAN MODIFICATION AGREEMENT -- Single Family — Fannie Mae Uniform lnsuvnxnt Foam 3162 (mv. 6106) Page 1 of 5 MODMERS2.STP (10IL006) Borrower will make such payments at CitiMortgage. Inc., 1000 Technology Drive, O'Fallon. MO 63368 -2240 or at such other place as bender may require. 3. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. 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 the Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security instrument without further notice or demand on Borrower. 4. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the date specified in paragraph No. I above: (a) all terms and provisions of the Note and Security Instrument (if any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note, including, where applicable, the Timely Payment Rewards rate reduction, as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and paragraph A.1. of the Timely Payment Rewards Rider. By executing this Agreement, Borrower waives any Timely Payment Rewards rate reduction to which Borrower may have otherwise been entitled, and (b) all terms and provisions of any adjustable rate rider or Timely Payment Rewards Rider, where applicable, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. 5: �orrow'er under ands and agc�ees�lrat: - - -- _ - - - -- -- ' i (a) All the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder. (b) All covenants, agreements, stipulations, and conditions in the Note and Security Instrument shall be and remain in full force and effect, except as herein modified, and none of the Borrower's obligations or liabilities under the Note and Security Instrument shall be diminished or released by any provisions hereof, nor shall this Agreement in any way impair, diminish, or affect any of Lender's rights under or remedies on the Note and Security Instrument, whether such rights or remedies arise thereunder or by operation of law. Also, all rights of recourse to which Lender is presently entitled against any property or any other persons in any way obligated for, or liable on, the Note and Security Instrument are expressly reserved by Lender. (c) Borrower has no right of set -off or counterclaim, or any defense to the obligations of the Note or Security Instrument (d) Nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. (e) All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney's fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender. LOAN MODIFICATION AGREEWNT -- Single Family— Fannie Mae Uniform insdument Farm 3162 (rev. 6106) Page 2 of 5 MODMERS2.STP (10/2006) (f) Borrower agrees to make and execute such other documents or papers as may be necessary or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to the eirs, executors, administrators, and assigns of the Borrower. MICHAEL MA JR Date DAWN M M YER Date i WITNESS C WITNESS SIGNATURE: SIGNATURE: / PRINT NAME: I( /�rn� � T i! PRINT NAME: M I f WITNESS WITNESS SIGNATURE:_O AA SIGNATURE: PRINT NAME: r f1 (u lU Q U Pilr" PRINT NAME: 0 r; C1 Mortgage Electronic Registration Systems, Inc. ( "MERS "), Mortgagee By: Prepared By: CitiMortgage, Inc. Title: Annette Johnston, Vice President 1000 Technology Drive O'Fa llon, M O 63368 -2240 Tina Davis i LOAN MODIFICATION AGREEMENT- -Singk Family— Fannie Mae Uniform Instrument Form 3162 (my. 6106) Page 3 of 5 MODMERSISTP (102006) [Space Below This Line for Acknowledgments] i State of J� County of ) SS CLLR c -I�LI� N u ) On this a r� day of �y �� , before me personally appeared MICHAEL. J MAYER JR , to me known or proved to be the person(s) described in and who executed the foregoing instrument, and acknowledged that HE/SHE/THEY executed the same as HISdffi HEIR free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public a+ '1 NOTARIAL SEAL CAMELA J MANGES I , ti ,r Notary Public My Commission Expires: (•Vii HAMILTON TWP, fRANKLIN COUNTY My Commission Expires Jun 21, 2010 ************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** State of 11Sy )SS County of Q_LL" r��G 1Z.1.f4" 6 ) On this C:A b—rh- day of . �`'� i , before me personalty appeared DAWN M MAYER, to me known or proved to be the person(s) described in and who executed the foregoing instrument, and acknowledged that HE/SHFZMY executed the same as RfS/HER/THEIR free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public NOTARIAL SERI ` CAMELA J MANGE$ My Commission Expires: U � Notary Public HAMILTON TWP, FRANKLIN COUNTY My Commission Expires Jun 21, 2010 LOAN MODIFICATION AGREEMENT —Single Family -- Fannie Mae Uniform Instrument Form 3162 (mv. 6M6) Page 4 of 5 MODMERS2.STP (10/2006) i JAI? JAi: vo ; ?3 ?.:1AM A1j!AI. — � �t:ctu4 t;,ntc+r. � YTVtUOJ YWIAASk SW1 .;Oi i },1 7t, G I j �i'r1uN Yli' . 'A r t� , T 1'-- '- V ' `iV�Af 1 . �.l1i:l: L, OfOY .t. <...�1 toL4a3 r.., nrr in �. i [Space Below This Line for Acknowledgments] State of Missouri ) County of St. Charles ) before me appeared Annette Johnston to me personally knqWn, be' g by me duly sworn or affirmed, whose address is 1000 Technology Drive, OFallon, MO 63368 -2240, did say that she is the Vice President of Mortgage Electronic Registration Systems, Inc. (HERS) Mortgagee, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Directors, and Annette Johnston acknowledged said instrument to be the free act and deed of said corporation. Y PCB., LEE KEE ROBINSON, SR. Notary Publi fay CorntnissionEzpires N : ` = May 20, 2013 '. SEAL; My Commission Expires: .9�,•... s1. Louis county Commission 809462618 I LOAN MODIFICATION AGREEMENT —Single Family -- Fannie Mae Uniform Instrument Form 3162 (rev. 6(06) Page 5 of 5 MODMERS2.STP (102006) I LEGAL DESCRIPTION Exhibit A ALL TEAT CrAVAM trod of Ised OUM to Peso Towttsbip, Csmhar4ed Cvvaq, Pssasyhsub, boamded and described as follows: IMGUCNMG st an {roe p464 es rho ddvhtwo on or iasds new or fe. ow ly of Floyd F. I,cbo, el ant, sued leads new or formerly of fn B. Crap, Jr., K IL; tbcss 110116 lands at the latkr Seath 60 degrees 12 tninmttx 10 Woods nett a distance 01 1%.1 fat n as from pea; (heave Bomb 11 dWets S3 tatmsla 02 secau6 Wat 1 1 dRbnce of 13337 too; thence " e variable wWb private d&-oi way mod along s carve to dw Ml Wing a r+dhs of 50.00 feet, ere length of 72.67 tree, dda 116414 of 83 de, rm 16 Minutes 35 mueds, • chord bearing of Sepik 61 decren 16 zoin ism 44 "ands W est, and s chard teaglb s1 66.44 teat to so Iran pla; thence along Lot No. 2 ]North 70 dsggteo 21 sslmetn 33 sacasds West a dfrtsace of 318.13 feat ton Iran pint thaw ala" the sane Botdh lst delirca 13 adonis 45 saeoads West, s distance of :1710.00 fiat is in iron pis; thesen long leads aotr sr toroserly of Joseph IL Pfowery North 0 degrees 18 knI&A" 08 smads Nast s distance W 510.40 fa+ toss Iran pea; chants along. latch saw or formerly of Floyd hi. Lebo, ct 1tY. Boni► W degrees 12 astsaln 10 semsds Last a Witsoce of 251.!1 Cott le"Won ply On Place al 1MGMAi M. CONTAINING SA241 seats sad being described semd1mg to a survey of Lagene A. RotkeosaGh. Prsreslload Lend Surveyor, dated Jawasey 16, 1991. RANG dnignaled as I.At Ma. J of the dual Subdivision Plan by Earl B. Swsraer and ,fancy L. $wormer and recorded In Plan Book 62, Page 911, In the ORler of The Recorder of D"ds is and for CumberlasdCoonty, Pesesu 7lvaela. ALSO ladvAng a variable width pri rte r4ft" .wry in favor of the Glacier hereby, his beks add ndgw% to be shared In tanjaneilos with the owam of Lots Tres. I and 2, for 141 parpow of probid7aa for logra% WtW regress, atV q Aber —st, drainage fscuitses, sod other aeesssary acs, which private FW-oFwoy messes a Verde* of Lot No.1 as sMwm so the alortsadd Subdivision Pisa. TAe said vuW4o Mdlb private r1ok-AFway is acre psrlkalarly Wended and described a falle"t UGIMMMG at am iron pis width Is 4MM 7"All ton perpeodkolar to a Northwesterly eaamerll&a gloom 207 + 04.11; thence dent; Innis tecaby M..,r64 as tbo Sosthbound Ne+rville Rat Area sow er orwa erg — -- – Camommwsla of Peansylgaais Sssth 4 drgree1111 mlawles 29 srvends I*", a dhesscv of 1149 fan to an Iron pis; d"ca running through J a No.1 South W drV ors 33 piaetes 22 "comb Wen, a distance 013=27 foot to so iron pia. thesta lhrssgh the same and dbog a curve to the left having a radio of 25.00 fors, sure less th of !1.00 W. delta aa01e of 48 desran I I admen 23 seteads, a Owd banging otSoaih 61 degrees 27 eninetes 41 aeoonds West. and a chord length of 20.41 feet N to Inc pis? tbtmte tbresth the same and along s curve to the nigh/ having a radios of 5046 !11111, urt IeVb of 5710 Oct, dells angle of 65 degrees 33 adnsta 02 seceads, a chord bterhtg of South 70 dvtrees 00 u4notes 31 secomda WrM and a chard length or 54.11 feet to to Iron plo; lbeace slang L44 No.? sad along a tune to sloe right having s radles of 50.00 Ref, art length of 84.41 feet, dths single of % degree" 43 salaates U sewada, a chard blaring of North U depoes 43 ntlnutes if sacoads West, sod a chord leytb of 14.74 feet ra an iron pin; Owner along Ice No. 3 as described ON 1981 FG 1883 I above oad along a carve to Ire right baring a rsdies. of 30-00 feet, see strogth or 7747 tm, drka ank of aJ drzgrap 16 admotes 35 seeead% o cord bonging e4 [toter, 61 degrees 16 minmlos N uesuds Esd, and s chord length of 66.44 teat to me Irate pint; Theme# russtlag thtmb Lair Ns.1 mad slope a curve Is the rob having s radios of 50.00 hay we 10141b of I&" fiat, delta as* of 30 dWau 49 emhlnlal D woods, a chord hrarlag of South I+I degrees 4o aimuhee 06 Iecuma Ent meld a tdwrd kvb of 26.4E feel M an iron pia• thence throaah floe smate tad sled; m tutu tithe Mil haviag a radius. of 25.00 fay arc {eogtb of 21.03 feet, delta onto of 48 degrees I 1 roh►otas 23 nomads, a chard bettrfap of 70 degrees 20 minuses S6 secoadp Fuss, stud a chord length of 24A1 fail Is as Ira* pia; thence through the nano North 3S deRress '0 mimosas 22 soeosdr Nost, a dl+tana of J22AI feet to as eslaft fcrdeal Iimoaome. thaws ■long hsods tow or foroperty el In L Camp, Jr., o1 us, North 85 degrees 33 adoota 22 green& Fact, a dlalames of 1582.42 feat to on Irsa pin; theate inert$ the same mad a 40 root wide pr1ras.o mesas eben®t as stew& an the Pews tvpnla Departemed at Trmmparlmtloa phttl hambw 16 (l.,R, 799 - section member 3) Kunio 83 deprea 33 ltntmt a J2 mcesllds Fast miffissante reset to ■n tram pin a the lotersecdev a( the Property Umee a&d the Lead rights/ lean of lat"ats }loots Nomthet 11 aJL 7M, lbamet shag tho Nortbwrss Mpi dgbT4&Twmy on of lakarlala Redo Number 81 Rauh 59 degrees 11 minutes 49 setaads Wtat it elklatra of 77.45 text 10 am, Iron pity, tbeoee along feeds of sloe Southbound NewviHs Rat Are am or formerly of the Coxw o&weabh sf Ptsm,sl4vaala South 83 degrees 24 mtasntes 23 eseeads Wed s dtttsaaY of IWA8 feet 16 as iron aims era Plata of BISGIN,�IBVC. ALSO including a 40 fact wide prlvatr et amW is hr*r of floe Gnats" renim, his stirs and assigns, to loo shared in comjaaetioo with the owun of Lot Mos. 1 and 2, moos= the Soatboara tatmer of tbs adjacent pnprttr mow or forowdr of Inn X. Comwp Jr., eY ux, as mown on the 14amsylnads Mpmrttaml of Traasportatiom pin member 16 (L.P. 799 - settles mmssdnrr 4 for the papaw of proddlnt fa• Inte s, egrrrt, regress. Wary Ptaer meet. druids a fotwors, sod other neceuury Uses. The mid 40 fool widr private essemeal is more pdwitutarly bounded acid described as foaous; beGualaNG at on Owe pin at the tatermidba o(iha Westet•s lejW right-46-way Not of the Mount !Loch Rosd (1 - .it. 21004) sod the Northwest legal rfght — ur Use of tatnuals Route Member 01 (1..11.799); tbei em doss0 IN bVj rigbi -of wry line of lotentete Raute Number It Saud 0 degrees 21 odn 40 Moab West, m dhta&et of 27-46 fee ro an Mon plat tbmmce a" Lee Na 1 n sbowo on tM aforesaid Subdl Plan South 8S degrees 33 minstto 22 soy rude West a diaam re d 90.61 feat io as Iran pin; thtaae musing serum lards pow w fornertr of In & Comep, dr , at era. Nash 39 dWax 21 ar&udss 40 inroads Lass u dMtsucr of 1JU6 (set M as Irma pip 1* the Western M=d right -4"my Hoe of Wool Batt Rood; thence eMag the add nets -oFwxy Use mod along a corn Ie tro right having a radus chard bearlmg N South 0 degrees 00 ru mesa 81 seconds Wert, pod a chord Irngth of 46.29 feet to an from, p* the Itse:t of RMI1WL,'Va UIIIIIIIINlillll MAYER JR 41041489 PA FIRST AMERICAN ELS MODIFICATION AGREEMENT IIII I III IIIt�N�li lflillllliii ll� l till l fl l ll 1 1 11111 l 111 When recorded mall'to: MOD REC ON 1981 PG 1884 Equity Loan Services, Inc. Loss Mitigation Tile Services- LMTS 1100 Superior Ave., Ste 200 7�t� Cleveland, OH 44114 7 Attn: National Recordings 1120 i I EXHIBIT "E" CitiMortgag% Inc PRESORT ' PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 2268967351 Send Payments to: CitiMortgage, Inc PO Box 669196 Des Moines, IA 50368 -9196 20130102 -168 ' IIII' IIII Il' II I ' MICHAEL J MAYER JR 730 MOUNT ROCK RD Send Correspondence to: CARLISLE, PA 17015 -9453 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 Date: 01/02/2013 MICHAEL J MAYER JR 730 MOUNT ROCK RD CARLISLE, PA 17015 -9453 RE: Property Address: 730 MOUNT ROCK ROAD CARLISLE, PA 17015 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM 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) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH 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 the Notice. If you have any questions, you may call the Pen►zsylvania Housing Fi►zance Agency toll free at (800) 342 -2397. (Persons with. impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 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 NOTIFICACI6N 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 AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRFSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): MICHAEL J MAYER JR DAWN M MAYER PROPERTY ADDRESS: 730 MOUNT ROCK ROAD CARLISLE, PA 17015 ORIGINAL LENDER: PHILADELPHIA FINANCIAL MORTGAGE CURRENT LENDER/SERVICER: CitiMorf.gage, [tic. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRA YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA TAE 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 STAI' OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that tune 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. 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 CITIPAACT91 .. 2268967351 Page 3 of 8 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consurer 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 AfORTGAGE ASSISTANCE - Your mortgage is in default for the reasons sel later in this Notice (see following pages for specific inf ormation 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 fling a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to dace meeting with the counseling agency. YOU SHOULD FILE A HEXIAP 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 HEM,AP 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 APPROYED 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 Agencv under the eligibility criteria established by the Act. The Pennsylvania Housing Fi - -- nance A ettc�� six b0 - da )s - inake adecision a fter-it - receives - your application.- During that -- tune g � ( ) J a Pp g - no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 - 2268967351 Page 4of8 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 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: 730 MOUNT ROCK ROAD CARLISLE, PA 17015 IS SERIOUSL YIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the Jollowing amounts are now past due 10/01/12 through 12/01/12 3 @ $1742.93 /month 3 @ $60.96 /late charge /month $5411.67 01/01/13 through 01 /01 /13 1 @ $1751.76/month 0 @ $0.00 /late charge /month $1751.76 Previous Late Charge(s): $369.65 Delinquency E.xpense(s): $94.50 Unapplied Funds: $( 0.00) TOTAL AMOUNT PAST DUE: $7,627.58 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, WHICHIS $7,627.58, PLUS ANYMORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMort.gage, Inc. P.O. Box 790005 St.. Louis, MO 63179 -0005 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 attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, 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 care 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 ClTlPAACT91 2268967351 Page 5 of 8 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the defhrslt 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 6 mouths 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: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 486 -3885 Ext 0340705 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1 -866- 280 -2050 fi Puerto Rico. Fa-z .Number: 1- 866 - 940 -8147 _ _ ____Contact Persntr_ ____ AnE..hon�ll Thomas__ E -Mail Address: anthony.d.thomas @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 Page 6 of 8 2268967351 1 YOU MAT' ALSO HA I/E THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM 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 NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER- * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUAIER CREDIT COUNSELING AGENCIES SERVING YOUR C'OUNTT' CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Boa 790005 St. Louis, MO 63179 -0005 CITIPAACT91 Page 7 of 8 22689673S1 1 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Repoit last updated: 09/10)2012 05A 1 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Deny Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of'York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -15t8 717- 780 -3940 800 -342 -2397 He Pages ofg 2268967351 1 • CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 2268967353 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130102 -168 DAWN M MAYER 730 MOUNT ROCK RD Send Correspondence to: CARLISLE, PA 17015 -9453 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 • Date: 01 /02/2013 DAWN M MAYER 730 MOUNT ROCK RD CARLISLE, PA 17015 -9453 RE: Property Address: 730 MOUNT ROCK ROAD CARLISLE, PA 17015 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM F� L 1JRE------ - -- - - - 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) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you trust MEET WITH 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 the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, r CITIPAACT91 • 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 AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DAWN M MAYER MICHAEL I MAYER JR PROPERTY ADDRESS: 730 MOUNT ROCK ROAD CARLISLE, PA 17015 ORIGINAL LENDER: PHILADELPHIA FINANCIAL MORTGAGE CURRENT LENDER/SERV[CER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE P YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 CITIPAACT91 2268967353 Page 3 of 8 t (30) days c.ykr 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 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 fling a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEM,AP 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 ,4 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 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 Agencv lias sizty day.- to - a - de i after - it - receives your application.- During that -time no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. ti��Jt CITIPAACT91 2268967353 Page 4 of 8 i ! NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 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: 730 MOUNT ROCK ROAD CARLISLE, PA 17015 IS SERIOUSLYIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nowpast due. 10101/12 through 12/01/12 3 @ $1742.93 / month 3 @ $60.96 /late charge /month $541 1.67 01/01/13 through 01/01/13 1 @ $1751.76 /month 0 @ $0.00 /late charge /mouth $1751.76 Previous Late Charge(s): $369,65 Delinquency Expense(s): $94.50 Unapplied Funds: ${ 0.00) TOTAL AMOUNT PAST DUE: $7,627.58 HOW TO CURE THE DEFA ULT - 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, WHICHIS $7,627.58, PLUS ANYMORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, [ne. P.O. Box 790005 St.. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTI' (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 attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, 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 tl :e 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 CITIPAACT91 2268967353 Page 5of8 `) other 4aw 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. Pou 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOII' TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 -486 -3885 Ext 0340705 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1 -866- 280 -2050 from Puerto Rico. Fax Number: 1- 866 - 940 -8147 - - - - - -- - Contact Person- - -- -.-- Anthony D-Thomas - -- -- - — - -- - - -- - - -- - - - -- - - - - - -- E Mail Address: anthony.d.thomas @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale., a lawsuit to remove you and your furnishings and other belongings could be started by the lender at. any time. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. 0 `5 CITIPAACT91 2268967353 Page 6 of 8 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM 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 EF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERYING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 2268967353 Page 7 of 8 ,. HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 09/]0/20] 2 05:11 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Lin glestown Road 1514 Terry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717 - 762 -3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 1732.5 larrisburg, PA 17110 717- 334 -1518 717 -780 -3940 800 -342 -2397 iZ, HC Page 8of8 2268967353 VERIFICATION Debora Lawson hereby states that he /she is employed as a Vice President — Document Control of Citimortgage, Inc., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage 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 relating to unsworn falsification to authorities. Name: Debora Lawson Vice President — Document Control Title: DATE: FILE #: 13 -0142 NAME: MAYER, MICHAEL J. & DAWN M. h . } r I A I 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. 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 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. MICHAEL J. MAYER, JR. COMPLAINT IN DAWN M. MAYER MORTGAGE FORECLOSURE 730 MOUNT ROCK ROAD CARLISLE, PA 17015 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 at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with 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 conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. , If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. X -1 Date Respectfully submitted, EJGregory Javardian, Esquire Id. No. 55669 ❑ Mary F. Kennedy, Esquire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id. No. 201661 ❑ $oan P. Mays, Esquire Id. No. 307518 /VRichard 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 How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $_ Retirement Funds $ $_ Investments $ $ Checking $ $_ Savings $ _ $ Other $ $ Automobile #1: Model _ Teat': Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $_ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): I . 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 Date Co- Borrower Signature Date 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 me ana,,iavardianlaw.com I, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -per Sheriff - ; 7..`; LaN k��tr o4�artr#r�1, cs _ Jody S Smith =- � Chief Deputy `= -o Richard W Stewart ''° -f N SolicitorF;f CITIMORTGAGE, Inc. vs. Case Number Michael J Mayer, Jr(et al.) 2013-1658 SHERIFF'S RETURN OF SERVICE 04/02/2013 08:17 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Michael Mayer, husband of defendant, who accepted as"Adult Person in Charge"for Dawn M Mayer at 730 Mount Rock Rd., Penn Township, Carlisle, PA 17015. S ALL, PUTY 04/02/2013 08:17 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michael J Mayer, Jr at 730 Mount Rock Rd., Penn Township, CalsZP TSHA , DEPUTY SHERIFF COST: $50.00 SO ANSWERS, April 03, 2013 RON R ANDERSON, SHERIFF POWERS, KIRN&JAVARDIAN, LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 JILL MANUEL-COUGHLIN, ESQUIRE Id.No. 63252 J r MARY F.KENNEDY, ESQUIRE Id.No.77149 ¢' ei MEGHAN K. BOYLE,ESQUIRE Id.No.201661 �n SEAN P.MAYS,ESQUIRE Id No. 307518 M'I OCT 14 AN I(i: RICHARD J.NALBANDIAN, III,ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD A D L u L' j 2nd FLOOR, SUITE 202 PENNSYLVANIA SOUTHAMPTON,PA 18966 (215)942-2090 CITIMORTGAGE, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY vs. No.: 13-1658-CIVIL MICHAEL J. MAYER, JR. DAWN M. MAYER 730 MOUNT ROCK ROAD CARLISLE, PA 17015 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MICHAEL J. MAYER, JR. and DAWN M. MAYER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $254, 815 . 61 Interest 03/16/2013 to 10/08/2013 6971 . 82 TOTAL $261,787.43 I hereby certify that(I)the addresses of the Plaintiff and Defendant(s) are as shown above, and (2)that notice has been given in accordance with Rule 237.1, copy attached. A ILW. ALA l ❑Grego y Javardian, Esquire Id. . 55669 ❑Mary . Kennedy, Esquire Id.'1..10 77149 ❑Meghan K. Boyle, Esquire Id. o. 201661 ❑Sean P. Mays, Esquire Id. No. 307518 ❑Richard J. Nalbandian, III, Esquire Id.No. 312653 Attorneys for Plaintiff Damages are hereby assessed as indicated. DATE: /p//L{ f 3 4m• ,. CW1 41/1/4- PROTHONOTARY paft-V1:743, Ai tc_fibiket_ 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.Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, Pa 18966 (215)942-2090 Attorneys for Plaintiff CITIMORTGAGE,INC. In the Court of Common Pleas Plaintiff vs. CUMBERLAND COUNTY No. 13-1658-Civil Michael J.Mayer Jr.and Dawn M.Mayer Defendants Michael J.Mayer Jr. 730 Mount Rock Road Carlisle,PA 17015 Dawn M.Mayer 730 Mount Rock Road Carlisle,PA 17015 DATE OF NOTICE:July),2013 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S.Bedford Street Carlisle,PA 17013- Carlisle,PA 17013- Phone:717-243-9400 Phone:717-249-3166 Powers,Kint&Javardian,LLC By: /c). El Gregory Javardian,Esquire Id.No.55669 a Mary F. Kennedy,Esquire Id.No.77149 ❑ Meghan K.Boyle,Esquire Id.No.201661 ❑reran P.Mays,Esquire Id.No.307518 (&Richard 3.Nalbandian,III,Esquire Id.No. 312653 Attorneys for Plaintiff listed se encuentra en estado do rebeldia por no haber tornado la accion requiida de su parte en este cast), Al no tomar Ia accion debida dentro de un termino de diez(10)dias de esta notificacion,el tribunal podra,sin necesidad de compararecer usted en corte o escuchar prueba alguna,dieter sentencia en su contra.usted puede perder bienes y otros derechos importantes. Debe Ilever este.notificacion a un abogado immcdiatcmente si usted no time abogado,o si no tiene dincro suficiente para tal servicio, vaya en persona o Ilame por telpfono a Ia oficina,cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS,KIRN&JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 JILL MAUEL-COUGHLIN,ESQUIRE Id.No. 63252 MARY F.KENNEDY,ESQUIRE Id.No. 77149 MEGHAN K. BOYLE,ESQUIRE Id.No.201661 SEAN P. MAYS,ESQUIRE Id No. 307518 RICHARD J.NALBANDIAN, III,ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 2nd FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 (215)942-2090 CITIMORTGAGE,INC. COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY MICHAEL J. MAYER,JR. No.: 13-1658-CIVIL DAWN M. MAYER VERIFICATION OF NON-MILITARY SERVICE The undersigned hereby verifies that he/she is attorney for the Plaintiff in the above- captioned matter, and that on information and belief,he/she has knowledge of the following facts,to wit: (a) Defendants,MICHAEL J. MAYER,JR. and DAWN M. MAYER,are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S.Appx. §§ 501 et. seq. (b) Defendant,MICHAEL J. MAYER,JR., is over 18 years of age, and resides at 730 MOUNT ROCK ROAD,CARLISLE,PA 17015. (c) Defendant,DAWN M. MAYER, is over 18 years of age,and resides at 730 MOUNT ROCK ROAD, CARLISLE,PA 17015. (d) Plaintiff,CITIMORTGAGE, INC., is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of 1000 TECHNOLOGY DRIVE, O'FALLON, MO 63368. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: t `‘ �it.. 4A1 A! Javardian,Esquir: Id.No. 5'69 !gill nuel-Coughlin,Esquire Id.N . ■3252 El Mary F.Kennedy,Esquire Id.No. 77149 ❑Meghan K. Boyle,Esquire Id.No.201661 ❑Sean P. Mays,Esquire Id.No. 307518 ❑Richard J.Nalbandian, III,Esquire Id.No. 312653 Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MICHAEL J. MAYER, JR. 730 MOUNT ROCK ROAD CARLISLE, PA 17015 DAWN M. MAYER 730 MOUNT ROCK ROAD CARLISLE, PA 17015 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. No.: 13-1658-CIVIL MICHAEL J. MAYER, JR. DAWN M. MAYER Defendant(s) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin _Judgment for Possession by Default _Judgment on Award of Arbitration _Judgment on Verdict _Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kim&Javardian, LLC at this telephone number: (215) 942-2090. OA q/13 ce,,,,c .,_. i) e ,, 4. ,-- , 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 VS. MICHAEL J. MAYER, JR. DAWN M. MAYER 730 MOUNT ROCK ROAD CARLISLE, PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2013-1658 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 10/08/2013 to Date of Sale @ $43.03 per diem Subtotal (Costs to be added) $a8.60 P.D All -4 So. ao CSF I 03, q5 I(n.SO 11 4(1Q8.75 - PA Ai yf • 60 bu.e Ll. e.4 Zi as 94 310118 RE bOri-F� "I $261,787.43 $18,072.60 —o Powers, Kirn & Associates, LLC Dill Manuel -Coughlin, Esquire Id. No. 63252 EJolanta 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 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 (215) 942-2090 CITIMORTGAGE, INC. vs. MICHAEL J. MAYER, JR. DAWN M. MAYER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2013-1658 AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 730 MOUNT ROCK ROAD, CARLISLE, PA 17015: 1. Name and address of Owner(s) or reputed Owner(s): MICHAEL J. MAYER, JR. 730 MOUNT ROCK ROAD CARLISLE, PA 17015 DAWN M. MAYER 730 MOUNT ROCK ROAD CARLISLE, PA 17015 2. Name and address of Defendant(s) in the judgment: MICHAEL J. MAYER, JR. 730 MOUNT ROCK ROAD CARLISLE, PA 17015 DAWN M. MAYER 730 MOUNT ROCK ROAD CARLISLE, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Name and address of last recorded holder of every mortgage of record: Plaintiff. 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants/Occupants 730 MOUNT ROCK ROAD CARLISLE, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Powers, Kirn & Associates, LLC OM 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 August 15, 2014 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 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 CITIMORTGAGE, INC. vs. MICHAEL J. MAYER, JR. DAWN M. MAYER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2013-1658 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL J. MAYER, JR. DAWN M. MAYER 730 MOUNT ROCK ROAD CARLISLE, PA 17015 rri cnr— �Zy DCZ _:ti rri Your house (real estate) at 730 MOUNT ROCK ROAD, CARLISLE, PA 17015, is scheduled to be sold at Sheriffs Sale on DECEMBER 03, 2014 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $261787.43, obtained by CITIMORTGAGE, INC., against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kirn & Associates, LLC at (215) 942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed 1.o the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 AU. THAT CERTAIN trasi of rand eitda.te is Nun Towcssblp, Casnararl2o4 Covrscy, lituasyk i la bounded and deicribtd as follow!: INGINNING at aA lrou pia ea Lb tiirrlttaet llaa of -Lando novr, cr foratts i j of l:loyd b» 1,460, el at, mod lauds now or formerly of (rs E. Comp, h., K nt.; Ocoee aloes Welt of rho latter South 60 dcgrrst 12 znitwtts tO otsp,ds East a dtstaoco of 636:I6 fact to as Eton pts; (berme . South 12 duvets 53 minutes 02 seconds West a &Nam of 133.37 fro; thence? along v var{ebft width prfvala rrght-o - nzy and aloog a carer to tht left haring o rsdfna of 50.00 kit. are korth 04 72.67 tenet, delta onto of ECT dgram 16 mlantes 35 setunds, a chord bearloe of Soctlr 61 datr®te 16 r luold 49 utast!" West, and a chord length of 66.44 feet to art frac pia; flames along 1.01 No. 2 North 13 dtpsres 21 mittetet 33 teeeads veto a distostce of 33$.13 tett to ars Iron p4ns tbta+et alaog the mune booth 88 elegem 13 tuiaatae 45 ascends Wetly a dlataacs: of -,330.06 feet to on trots pia; tbacco tong toads now or foreoerfy of doteph H. Mowery North 0 drgrnes 13 mlaxttei 08 woods Wens a tlktaate 4310,00 fert in sea iron pin; tbatsta slams It aata roof or formerly of Fluid E. Lebo, et IA, South 60 dt•grecs if mitystes 1 l secottab 1:sat a 6ista0ce of 251.91 Celt 10- to iron pts, for Tian of BIWG1?i INt. BEING THE SAME PREMISES which ROBERT V. NEIDLINGER, by Deed dated 01/31/07 and recorded 02/02/07 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 278, Page 3327, granted and conveyed unto MICHAEL J . MAYER, JR . and DAWN M . MAYER. BEING KNOWN AS: 730 MOUNT ROCK ROAD, CARLISLE, PA 17015 PARCEL #01/31/07 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www. ccpa.net CITIMORTGAGE, INC Vs. MICHAEL J. MAYER, JR DAWN M. MAYER WRIT OF EXECUTION NO 2013-1658 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $261,787.43 L.L.: $.50 Interest from 10/8/13 to Date of Sale @ $43.03 per diem -- $18,072.60 Atty's Comm: Atty Paid: $198.75 Plaintiff Paid: Date: 8/21/14 Due Prothy: $2.25 Other Costs: Davi . Buell, uell, Pthonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL C. FANASELLE, ESQUIRE Address: POWERS, KIRN & ASSOCIATES, LLC EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 312292 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 EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 215-942-2090 CITIMORTGAGE, INC vs. MICHAEL J. MAYER, JR. DAWN M. MAYER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2013-1658 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for December 3, 2014 at 10 A.M. in the above -captioned matter has been continued until March 4, 2015 at 10 A.M. Date: 11 .veers, vim & Associates, L � Ohl! M ue1-Coughlin, Es• 're Id. No. 63252 ❑ Jo to Pekalska, Es• .'re, Id. No. 307968 arry B. Reese, E . uire, Id. No. 310501 ❑Daniel C. Fanase le, Esquire, Id. No. 312292 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff