HomeMy WebLinkAbout13-3219 r. Supreme Co ,t='& Pennsylvania
Cour of�Co moriPleas For Prothonotary Use Only:
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S 1@ Complaint ® Writ of Summons ® Petition
Transfer from Another Jurisdiction ® Declaration of Taking
E Lead Plaintiffs Name: Lead Defendant's Name:
C CITIMORTGAGE, INC. NATOSHA L. STIFFLER & LEIGHTON P. STIFFLER
T Dollar Amount Requested: ®within arbitration limits
I Are money damages requested? ® Yes 0 No (check one) ®x outside arbitration limits
0
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? El Yes 1l No
A Name of Plaintiff/Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC.
Check here if you have no attorney (are a Self - Represented (;Pro Se) Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection: Credit Card ® Board of Assessment
® Motor Vehicle ® Debt Collection: Other ® Board of Elections
Nuisance Dept. of Transportation
® Premises Liability 8 Statutory Appeal: Other
S ® Product Liability (does not include
mass tort) [3 Employment Dispute:
E ®Slander/Libel/ Defamation Discrimination
®
C 13 Other: Employment Dispute: Other ® Zoning Board
® Other:
T
I 1 ® Other:
O MASS TORT
0 Asbestos
N ® Tobacco
® Toxic Tort - DES
® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
13 Toxic Waste ® Ejectment 12 Common Law /Statutory Arbitration
® Other: ® Eminent Domain/Condemnation ® Declaratory Judgment
Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute ® Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 13 Quo Warranto
® Dental ® Partition 13 Replevin
® Legal 13 Quiet Title ® Other:
13 Medical 13 Other:
® Other Professional:
Updated 1/1/2011
POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id No. 55669
Mary F. Kennedy, Esquire Id No. 77149 F I L E ^ - F F ICE
4. Meghan K. Boyle, Esquire Id No. 201661 OF TH F R O T H M S O i A R Y
Sean P. Mays, Esquire Id No. 307518
Richard J. Nalbandian, III, Esquire Id No. 31265`3 3 „(.i} — 5 A # 10-- 2
1310 Industrial Boulevard, Suite 101
Southampton, PA 18966 � � � B E n L A �� 7 C
(215) 942 - 2090 %+1e)YS FOR PLAINTIFF
CITIMORTGAGE, INC. - COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368 CIVIL DIVISION
PLAINTIFF CUMBERLAND COUNTY
vs.
No. � 3
NATOSHA L. STIFFLER COMPLAINT IN
LEIGHTON P. STIFFLER MORTGAGE FORECLOSURE
147 PORTER AVENUE
CARLISLE, PA 17013
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
71.7- 249 -3166
800 - 990 -9108
c���a�
p a cl iqo-�
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, 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.
NATOSHA L. STIFFLER COMPLAINT IN
LEIGHTON P. STIFFLER MORTGAGE FORECLOSURE
147 PORTER AVENUE
CARLISLE, PA 17013
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. Natosha L. Stiffler and Leighton P. Stiffler (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 April 22, 2008, was recorded on May 1,
2008 in the Office of the Recorder of Deeds in Cumberland County in Mortgage
Instrument #200814297. Plaintiff is the Mortgagee by Assignment by virtue of an
Assignment of Mortgage recorded on October 15, 2012 in the Office of Recorder of
Deeds in Cumberland County in Instrument #201231605. 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 April
22, 2008 in the original principal amount of $115,200.00, which is payable to Plaintiff in
monthly installments with an interest rate of 6.375 %. A copy of the Note is attached and
made a part hereof as Exhibit `C'.
5. The land subject to the mortgage is 147 Porter Avenue, Carlisle, PA 17013. 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 147 Porter
Avenue, Carlisle, PA 17013.
7. The Mortgage is now in default due to the failure of Defendants to make payments as
they became due and owing. As a result of the default, the following amounts are due:
Principal Balance $109,926.80
Interest to 05/24/2013 $9,785.43
Accumulated Late Charges $610.81
Inspections $243.00
O/S BPO $80.00
Escrow Advance Balance $5,588.26
Interest on Escrow Advance $75.93
Reconveyance $12.00
Release Fee $50.50
Less Unapplied Funds ($723.90)
TOTAL $1 25,648.83
plus interest from 05/25/2013 at $19.1995 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.
9. 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.
10. 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.
11. 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 March 19, 2013. A copy of the Notice is
` attached and made a part hereof as Exhibit `D'.
WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendants, in the sum
of $125,648.83, 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
41
BY:
❑Gregory Javardian, Esquire Id. No. 55669
❑Mary F. Kennedy, Esquire Id. No. 77149
❑Meghan K. Boyle, Esquire Id. No. 201661
❑ Srn P. Mays, Esquire Id. No. 307518
[M chard J. Nalbandian, I1I, Esquire Id. No.
312653
Attorneys for Plaintiff
EXHIBIT "A"
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013 a
717- 240 -6370
Instrument Number - 200814297
Recorded On 5/1/2008 At 2:14:29 PM *Total Pages - 18
* Instrument Type - MORTGAGE
Invoice Number -19987 User ID - JM
* Mortgagor - STIFFLER, NATOSRA L
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
* Customer - M WALTERS
* FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $10.00
JUSTICE DO NOT DETACH
RECORDING FEES — $37.50 i
RECORDER OF DEEDS This page is now part
AFFORDABLE HOUSING $11.50 f this legal document.
COUNTY ARCHIVES'FEE $2.00 o g
ROD ARCHIVES FEE $3.00
TOTAL PAID $64.50
I Certify this to be recorded
in Cumberland County PA
I
CV4
a
4 ° RECORDER O D EDS
r�ao
" - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
0000X4
III IIIIIIII{I Ill Illlll 111111
I
Prepared By:
DEBBIE HEC1(ARD
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
(717) 795 - 6026
Return To:
MEMBERS 1ST FEDERAL CREDIT UNION
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
717- 795 -6026
Parcel Number: 02 -21- 0318 -094
Premises: 147 PORTER AVE
CARLISLE, PA 17013
;
(Space Above This Line For Recording Dahl
MORTGAGE
DEFINI TIONS MIN 100029500025663
Woids used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated APRIL 22ND, 2008
together with all Riders to this document.
(B)'Borrower "is NATOSHA L STIFFLER AND LEIGHTON P STIFFLER
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 Lendee s successors and assigns. MERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint MI 48501 -2026, tel. (888) 679 -MFRS.
STIFFLER 2566387
i
PENNSYLVANIA - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MERE
Wolters Kluwer Financial Services
VMP8- 6A(PA)c070el.0r Form 3039 1101
Pope t of 16 tniU�b , i r
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1
I
(D) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION
Lender is a FEDERAL CREDIT UNION
organized and existing under the laws of UNITED STATES OF AMERICA
Lender's address is 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055
(E) "Note" means the promissory note signed by Borrower and dated APRIL 22ND, 2008
The Note states that Borrower owes Lender ONE HUNDRED FIFTEEN THOUSAND TWO HUND D D lars
1 AND NO 1100.
(U.S. S 115,200-00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than MAY 1sT, 2038
(F) 'Troperty" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced' by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) 'Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
❑ Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
❑ Balloon Rider [1 Planned Unit Development Rider 0 1-4 Family Rider
0 VA Rider [l Biweekly Payment Rider 0 Other(s) [specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non - appealable judicial opinions.
(,I) "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.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(0) 'Teriodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
Initl�l. L{
VMP ®.6A(PA) (D700-01 PRO *2 or 16 Form 3039 1101
i
i
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA' refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that 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
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MFRS, the following described property located in the COUNTY [Type of Recording Jurisdiction]
o f CUMBERLAND (Name of Recording Jurisdiction):
SCHEDULE "A" ATTACHED
which currently has the address of
147 PORTER AVE [Street]
CARLISLE [City], Pennsylvania 17013 [Zip Code)
( "Property Address "):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
i additions steal[ also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: toexerrcise any
or ake all those required of including, including, limited
but no imitted toel easing and canceling e Property;
this Security
Instrument.
mnw;' 0
VMPS- 6A(PA) foron.ot Poop 3 or 16 Form 3039 1101
I
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
Prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items i
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) 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 designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outs tanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it 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
I
VMP®- 6A (PA) (070e).01 Pape 4 of 18 Form 3039 1101
I
i
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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 be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for 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 sum (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 time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless 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 i
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 alt purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
i 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
I require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
VMP®- 6A (PA) (0706).01 Pepe 5 o(16 Form 3039 1101
I
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
i 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 Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
I 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 i
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice - identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which 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) a one -time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
InflWs� ��
VMP®- 6A(PA)(woep+ Plot or is Form 3039 1101
i
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
i right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any 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 and/or as an additional loss payee.
i In the bvent of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
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 the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
i insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
i (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. 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.
LA
VMP®- GA(PA) (ms).oi Pegs 7 or 16 Form 3039 1101
i
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property. as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender. may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
i representations include, but are not limited to, representations concerning Borrower s occupan cy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender s interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
VMP ®- 6A (PA)(07oa).oi Page$of16 Form 3039 1101
r
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan ,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the prenuums 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 insu time, an
rance in force from time to d 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 parry (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
Ass a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
tnnt�u 1
VMP®- GA(PA) p7oe).01 Page 9 of to Form 3039 1101
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
i 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 shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress 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 Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
fnilleU�� '
VMP®- 6A(PA) (o7oepi Paoeio of 16 Form 3039 1101
i
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. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the 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 i
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 and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
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 Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
i Nfees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising 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
VMP®- 6A(PA) (oroe).o+ Pne I of 16 Form 3039 1f01
I
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's i
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 any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
nt will satisfy the corresponding requirement under this Security
Law, the Applicable Law requireme
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
i 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
i to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the .transfer of title by Borrower at a future date to a purchaser.
i 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.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security instrument discontinued at any time
prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
VMP®- 8A(PA) (0708).01 Page 12 of 16 Form 3039 1101
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 sutra and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
VMP®- 6A(PA) (oroapi P.o• 13 or 16 Fonn 3039 1101
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of .
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
i remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. 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 Section 18 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 judicial 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
i 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 an y 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
i 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. Borrowef s time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is 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 ajudgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from tune to time
under the Note.
VMP p7oeyot Papa 14 or 16 Form 3039 1101
•
I
This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b).
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
i I
N TOSHA L STIFFLER - Borrower
(Seal)
I N P STIFFLER - Borrower
(Seal) (Seal)
- Borrower - Borrower
i
(Seal) (Seal)
Borrower - Borrower
(Seal) (Seal)
I - Borrower - Borrower
I
VMP 6A(PA) (oTos).ol Pago 16 of Is form 3039 1101
I
I
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss:
On this, the 22ND day of APRIL 2008 , before me, the
undersigned officer, personally appeared NATOSHA L STIFFLER AND LEIGHTON P STIFFLER
I
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained_
IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.
My Commission Expires:
I
COMMONWE71 TH OF P YLV: .rRA
AnnettE yens, No C.
Lower ., Ctunbertand C
My mE)qires Mardi 2 r Title of 0 rcor
Member, Penns;ftM NqqQp�rg" NSYLVANIA
Notarial Seal
Annette C. Myers, Notary Public
Lower Allen Twp., Cumberland County
My Conwiasion Esplres March Z 2011
Member, Pennsylvania Assoclallon of Notaries
I
Certificate of Residence
1, DEBBIE HECKARD , do hereby certify that
the correct address of the within - named Mortgagee is P.O. Box 2026, Flint, MI 48501 - 2026.
Witness my hand this 22ND day of APRIL 2008
Agent of Mortgagee
I
l VMP ®.6A(PA)(o7oe).ot Pape to of io Form 3039 1/01
LEGAL DESCRIPTION EXHIBIT A
ALL that certain lot of ground with the improvements thereon erected situate in the
Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
ON the West by Porter Avenue; on the North by an alley; on the East by an alley; on the
South by property now or formerly of Harry Gibb; being 20 feet front on Porter Avenue
and extending back an even width of 206 feet, more or less, to an alley.
i
i
i
I
i
EXHIBIT "B"
r
ROBERT P. ZIEGLER
RECORDER OF DEEDS - w
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE A
_ -
at
CARLISLE, PA 17013 = -
_
717 -240 -6370 I
Instrument Number - 201231605
Recorded On 10/15/2012 At 9:51:34 AM *Total Pages - 3
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 119584 User ID - MBL
* Mortgagor - STIFFLER, NATOSHA L
* Mortgagee - CITIMORTGAGE INC - -
* Customer - NATIONWIDE TITLE CLEARING
* FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES — $12.00
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00 This page is now part
FEES of this legal document.
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $51.00
I Certify this to be recorded
in Cumberland County PA
C CW6 /
e c i
RECORDER O D EDS
. »so
- Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
00390P
1f111111if1ffllillfilllfl �
31� 0�• --
Prepared By/ Return To:
E.Lance/NTC, 2100 Alt. 19 North,
Palm Harbor, FL 34683
(800)346-9152
04390P
Tax Code/PINIUPI #: 02 -2I -0318 -094
I (11!1111111 Illll 11111 VIII VIII !1111 1111111111 111111111 IIII
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
MEMBERS 1ST FEDERAL CREDIT UNION, ITS SUCCESSORS AND ASSIGNS, WHOSE ADDRESS
IS P.O. BOX 2026, FLINT, MI, 48501, (ASSIGNOR), (MERS Address: 1901 E Voorhees Street, 5u1te 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 04/2212008, in the amount of $115,200.00, made by NATOSHA L. STIFFLER AND
LEIGHTON P. STIFFLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR MEMBERS 1ST FEDERAL CREDIT UNION, recorded on, in the Office of the Recorder of
Deeds of CUMBERLAND County, Pennsylvania, in Book, Page, and/or Document # 200814297. .
Property is comet ly known as: 147 PORTER AVE. BORO..OF CARLISLE, CARLISLE, PA 17013.
Dated on 0942 l 8 012 (MM/DD/YYYY)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MEMBERS 1ST
FEDERAL CREDIT UNION; ITS SUCCESSORS AND ASSIGNS
By:
ASHL AND
ASST. SE TARY
PAGE 1
CMAVR 17482826 -- MERS MOM CJ4223520 NI MIN 100029500025663877 MERS PHONE
1- 888 - 679 -6377 72912091508 [C] FORM5\MWPAI
111111111111(IIII
11111111111111111111111111111 1111
*17482826*
' r 1
t
I Ifflif 11111 fllli Ilifl f!!fi il11f Ilf11 ilfi! f111111f111111 llfi .
STATE OF FLORIDA COUNTY OF PINELLAS
! The foregoing instrument was acknowledged before me on 091 !? /2012 (MM/DD/YYYY), by ASHLEY
i BRABAND as ASST. SECRETARY for MORTGAGE ELECTRQ IC REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR MEMBERS 1ST FEDERAL CREDIT UNION, ITS SUCCESSORS AND ASSIGNS, who, as
such ASST. SECRETARY being authorized to do so, executed the foregoing instrument for the purposes therein
contained. she/they is (are) personally known to me.
Elizabeth A. Mustard
Notary Public State of Florida
E H A. S - r My Commission # EE 088429
Notary Public - State of FLORIDA Expires August 27, 2015
Commission expires: 08/27/2015 - Bonded Thru Notary Public Undermlters
Assignment of Mortgage from:
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MEMBERS 1ST
FEDERAL CREDIT UNION, 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. NATOSHA L. STIFFLER AND LEIGHTON P. ST07LER
i
When Recorded Return To:
CitiMortgage, Inc.
C/O NTC 2100 Alt. 19 North
Palm Harbor, FL 34683
All that certain lot or piece of ground situated in
Mortgage Premise: 147 PORTER AVE. BORO.OF CARLISLE
CARLISLE, PA 17013
CUMBERLAND
(Borough or Township, if stated), Commonwealth of Pennsylvania.
Being more particularly described in said mortgage.
I, ASHLEY BRABAND , 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:
ASHLE ASST. SECRETARY
PAGE 2
* 17482826* CMAVR 17482826 — MERS MOM CJ4223520 N1 MIN 10002950025663877 MERS PHONE
1- 888 - 679 -6377 T2912091508 [C) FORM5\FRMPAI
11fi{ 11111 {11111111111111111111111011 {111111{ 1111
*17482826*
EXHIBIT "C"
7la
NOTE LOAN #:10000161
APRIL 22ND, .2008 MECHANICSBURG PA
[Date] [City] [State]
147 PORTER AVE, CARLISLE, PA 17013
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 115,200-00 (this amount is called "Principal "),
plus interest, to the order of the Lender. The Lender is. MEMBERS 1ST FEDERAL CREDIT UNION
1 will make all payments under this Note in the form of cash, check or money order.
I 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 6.375 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13)
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 monthly payment on the 1ST day of each month beginning on JUNE 1sT, 2008 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 MAY 1ST, 2038 , 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 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055
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. $ 718.70
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.
MULTISTATE FIXED RATE NOTE - Single Family- Fannie MaelFreddle Mac UNIFORM INSTRUMENT
Form 3200 1101
Wolters Kluwer Financial Services
VMPS -5N (0207).01
Pape 1 of 3 Initiata:
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; 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 FIFTEEN calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) 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 the a written notice telling me that if 1 do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 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: time 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
[f 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 me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be 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.
Form 320 1101
VMP ®SN (0207).01 Page 2 of 3 Initial:: U_ C��
10. 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 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:
•WJft @Q' &GM Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lenders prior written
consent, Lender may require immediate payment in full of all sums secured by this Security 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.
•llf •
(Seal) (Seal)
NATOSHA L STIFFLER Borrower. I ON P STI Borrower
(Seal) (Seal)
Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
WHOUT RECOURSE, PAY TO THE ORDER OF:
TAYLOR, BEAN, & WHITAKER MORTGAGE COR [Sign Original Only]
WINNERS IST FEDERAL CREDIT UNION
Bit: Z 1JA A ZL� � -41AM
DEBkA 9RENNAN
A.V.P. REAL ESTATE LENDING
VMP ®•5N p2w).oi Page of 3 Form 3200 1101
gl WmUt recowee, p" to ft order of
CIUMortga9%
By Taylor. Sean & Wh ter
Mortgage Corp.
Ella Cater- Shliv, U-P.
Pay to the order of
without recourse on us Mumon Inc.
F/k!A Citicorp Morigagc.Inc.
D/114% (lticorp 11orlga-e Inc in NM, on it's own
behalf ur a%.V tonne)'- hi-Ncl for: Citibank FSB;
Citihank'New York Stale) Citibank (Nevada), NA;
Citibank. NA F!F/AC`itibank (West) FS
arK is.Scnior vice PresideriF
rtiMortgage, Inc.
EXHIBIT "D"
CitiMortgage, Inc PRESORT
PO Box 9090 First -Class Mail
Temecula, CA 02589 -9090 U.S. Postage and
Fees Paid
W SO
7196 9006 9296 6065 1877
Send Payments to:
CitiMortgage, Inc ,
PO Box 689196
Des Moines, IA 50368 -9196
20130319 -168
I. Illrriluu lir u. nlnilli liIIIIIrI
LEIGHTON P STIFFLER
147 PORTER AVE
Send Correspondence to: CARLISLE, PA 17013 -2547
CitiMortgage.. Inc
6400 Las Colinas Blvd.
Irving, TX 75063
CITIPAACT91
Date: 03/19/2013 Sent Via Certified Mail
7196 9006 9296 6065 1877
LEIGHTON P STIFFLER
147 PORTER AVE
CARLISLE, PA 17013 -2547
RE: Property Address: 147 PORTER AVE
CARLISLE, PA. 17013
CitiMortgage Loan #: 2005522414
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an of17cial notice that the mortgage on your home is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
(HEMAP) may be able to help save your home. This Notice explains how the program
works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE.. Take
this Notice with you when you meet with the Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of 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,
CITIPAACT91
Page 2 of 8 7196 9006 9216 6065 1877
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also Rant 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
INMEDIATAM.ENTE LLAMANDO ESTA AGENCIA. (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDI 41R SU HI.POTECA.
HOMEOWNER'S NAME(S): LEIGHTON P STITFLER
NATOSHA L STIFFLER.
PROPERTY ADDRESS: 147 PORTER AVE
CARLISLE, PA 17013
LOAN ACCT. NO.: 2005522414
ORIGINAL LENDER MEMBERS 1 ST FEDERAL CREDIT UNION
CURRENT LENDERISERVICER CitiMortgage, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOl'ME
FROM FORECLOSURE AND HELP YOUMAKE 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 T£iIS 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
7196 9006 9296 6065 1877
Page 3 of 8
(30) days after the date of this meeting. The names, addresses, and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at the end of
this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default). You have
the right to apply for financial assistance f-onn the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated. consumer credit counseling agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for the program, and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency: To temporarily stop the
lender from filing a foreclosure action, your application A4UST be forwarded to PHFA and received within
thirty (30) days of your face -to face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP.APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MF.ET1XG 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 STARTLrVG A FORECLOSURE AGATVST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. "
YOU HAVE THE RIGHT TO FILE A REMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. li
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 finds for emergency mortgage assistance are very. limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above.. You 14411 be notified directly by the Pennsylvania. Housing Finance Agency of its decision on your
application.
CITIPAACT91
7196 9006 9296 6065 1877
Page 4 of 8
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A: PETITION IN BANIM UPTCY, THE
FOLLOWING PART OF THISNOTICE IS FOR INFORMATIONPURPOSES OA'LYAJND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(Ifyou have filed bankruptcv, you 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:
147 PORTER AVE
CARLISLE, PA 17013
IS SERIO USL Y IN DEFA UL T because:
YOU HA PE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts
are nowpast due:
02/0111.2 through 12/01/12
11 @ $1031.31 /month
11 @ $35.93/late charge /month
$1(739.64
01/01/13 through 03/01/13
3 @ $1330.05 /month
3 @ $35.93/late chargehrionth
$4097.94
Previous Late Charge(s): $71.86
Delinquency Expense(s): $216.00
Unapplied Funds: $723.90
TOTAL AMOUNT PAST DUE: $15,401.54
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (3 0) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $15,401.54, PL US ANY MORTGAGE
PAYMENTS AND LATE CHARGES TPHICHBECOME DUE DURING THE 77HRTT (30) DAY PERIOD. Payments
must be made either by cash, cashier's check, certified check or money order made payable and sent to:
CitiMortg'age, 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. 1f the lender refers your rase 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 attorneys fees that were actually
Incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable, costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance, and all
CITIPAACT91
7196 9006 9296 6065 1877
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 default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then
past due, plus any late or other charges then due., reasonable attorney's fees and costs connected with the foreclosure
sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by pe?forming 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 months from the date of this Notice. A notice of the
actual date of the Sheriffs Sale will be sent to you before the sale.. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender. CitiMortgage, Inc.
Address: P.O. Box 790005
St. Louis, MO 63179 -0005
Phone Number: 1- 877_ 362 -0175 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: MarkAnthony Hartland
E -Mail Address: markanthony.b.hartland @citi.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your right to occupy it. If YOU continue to live in the property after the Sheriffs Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender, at any time.
ASSUMPTION 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
7196 9006 9296 6065 1877
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 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 THENONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
* TO ASSERT ANY OTI4ER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCI-I ACTION BY THE
LENDER
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE
ATTACHED LIST
In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(8) 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
7196 9006 9296 6065 1877
Page 7 of 8
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Rcport last updated: 02/19/2013 04:29 PM
Advantage Credit Counseling Service/CCCS of Western PA Community Action Comnussion of Capital Region
2000 Linglestown Road 1514'.Derry Street
Harrisburg, PA 17102 Harrisburg, PA 17104
888 -511. -2227 717- 232 -9757
Housing Alliance of York/Y Housing Resources Maranatha
290 Vilest Market Street 43 Philadelphia Avenue
York, PA 17401 Waynesboro, PA 17268
717 - 855 -2752 717- 762 -3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg, PA 17102 Chambersburg, PA 17201
717- 234 -6616 717 -264 -5913
PA Interfaith Community Programs Inc PHFA
40 E. Street 211 North Front Street
Gettysburg, PA 17325 Harrisburg, PA 17110
717- 334 -1518 717- 780 -3940 800 -342 -2397
1
HC
Page of 7196 9006 9296 6065 1877
• CitiMortgage, Inc PRESORT
Pb Box 9090 First-Class Mail
Temecula, CA 92589 -9090 U.S. Postage and
Fees Paid
- W S0
7196 90069296 6065,1853
Send Payments to:
CitiMbrtgage, Inc
PO Box 689196
Des Moines, IA 50368 -9196
20130319 -168
'I�II�IIII��I�I��I' " IIII! lul' ��I n�li'Illil'Ir'[fill
NATOSHA STIFFLER
147 PORTER AVE
Send Correspondence to: CARLISLE PA 17013 =2541
CitiMortgage, Inc
6400 Las Colinas Blvd.
Irving, TX 75063
c
CITIPAACT91
i
Date: 03/19/20.13 Sent Via Certified Mail
7196 9006 9296 6065 1853
NATOSHA L STIFFLER
147 PORTER AVE
CARLISLE, PA 17013 =2547
RE: Property Address: 147 PORTER AVE
CARLISLE, PA 17013
CitMortgage Loan #: 2005522414
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an of notice that the mortgage on your homez is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
(HEMAP) may be able to help save your home. This Notice explains how the program
works.
To see if HEMAP can help, you trust MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of the Notice. If you have any questions, you may call
the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with.
unpaired hearing can call (717) 780 - 1869).
This Notice contains important legal information. If you have any questions,
CITIPAACT91
Page 2 of 8 7196 9006 9296 6065 1853
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also Rant -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 TRADUCCI6N
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU
CASA DE LA PF.,RDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): NATOSHA L STIFFLER
LEIGHTON P STIFFLER
PROPERTY ADDRESS: 147 PORTER AVE
CARLISLE, PA 17013
LOAN ACCT. NO.: 2005522414
ORIGINAL LENDER MEMBERS 1 ST FEDERAL CREDIT UNION
CURRENT LENDER/SERVICER CitilAortgage, Inc.
HOMEOWN'ER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE POUR HOME
FROM FORECLOSURE AND HELP YOU MADE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1.983 (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
7196 9006 9296 6065 1853
Page 3 of 8
(30) days after the date of this meeting. The names, addresses, and telephone numbers of designated
consumer credit counseling agencies the county in which the property is located are set forth at the end of
this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about - the nature of your default). You have
the right to apply for financial assistance f 6m the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must ill 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, mid they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the
lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within
thirty (30) days of your face -to face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICAT1'OAT AS SOON AS POSSIBLE. IF YOU H4YE A MEETING WITH
A COUNSELING AGENCY WITHNN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN
APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE
TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE."
YOU HAVE. THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A
LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION,
BUT. IF YOUR APPLICATION IS EYENTUALLY APPROVED AT ANY TIM BEFORE A SHERIFF'S SALE,
THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available. funds for emergency mortgage assistance are very limited They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure 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
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Page 4 of 8
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR I FORMATION PURPOSES OA'LYAAID SHOULD NOT BE
CONSIDERED AS ANA TTEMPT :TO COLLECT THE DEBT.
(If you have filed bankruptev, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEF (Bring it up to date).
NATURE OF TIIE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
147 PORTER AVE
CARLISLE, PA 17013
IS SERIOUSLYIN DEFAULT because:
YOU HA PE NOT MADE MONTHL Y MOR TGA GE PAYMENTS for the following months and the following amounts
are now past due:
02/01 /1.2 through 12/01/12
l l @ $1031.31 /month
11 @ $35.931late charge /month
$11739.64
01/01/13 through 03/01/13
3 @ $1330.05 /month
3 @ $35.93Aate chargehrionth
$4097.94
Previous Late Charge(s): $71.86
Delinquency Expense(s): $216.00
Unapplied Funds: $7( 23.90)
TOTAL AMOUNT PAST DUE: $15,401.54
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, - WHICH IS $15,401.54, PLUS ANYMORTGAGE
PAYAMA'TS AND LATE CHARGES lf/HICHBECOME DUE DURNG THE T7 -HRTY (30) DA.YPERIOD. Payments
must be made either by cash, cashier's check, certified check, or money order made payable and sent to:
CitiMortgage, 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 instnicl 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 payoff 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
incun�ed, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
CITIPAACT91
7196 9006 9296 6065 1853
Page 5 of 8 /
"5
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
TIHRT'Y (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at anytime up to one hour .before fhe Sheriff's Sale. You. migy 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 per forming 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 SI3'ERIFF'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 months from the date of this Notice. A notice of the
actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: CitiMortgage, Inc.
Address: P.O. Box 790005
St. Louis, MO 63179 -0005
Phone Number: 1- 877 - 362 -0175 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: MarkAnthony Hartland
E -Mail, Address: markanthony.b.hartland @citi =m
EFFECT OF SHERIF'F'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.
i�St?
CITIPAACT91
7196 9006 9296 6065 1853
Page 6 of 8
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF T14E MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDR\rG INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD ''ARTY 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 LAWSUTT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OT14ER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER
* TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW',
CONSUMER. CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE
,ATTACHED LIST
In accordance with the Fair Debt Collection Practices Act., Title 15, U.S.C. 1692(8), you may dispute (lie 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
7196 9006 9296 6065 1853
Page 7 of 8
' HEMAP Consumer Credit Counseling Mencies
CUMBERLAND County
Report last updated: O V 19/2013 04:29 PM -
Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region
2006'Linglestown Road 1514 Derry Street
Harrisburg, PA 17102 Harrisburg, PA 17104
888 -511 -2227 717 - 232 -9757
Housing Alliance of York/Y Housing Resources Maranatha
290 Vest Market Street 43 Philadelphia Avenue
York, PA 17401 Waynesboro, PA 17268
717 - 855 =2752 717 - 762 -3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg, PA 17102 Chambersburg, PA 17201
717 - 234 -6616 717 -264 -5913
PA Interfaith Community Programs Inc PHFA
40 E High Street 211 Nordl Front Street
Gettysburg, PA 17325 Harrisburg, PA 17110
717 -334 -1518 717- 780 -3940 800 -342 -2397
r
HC
7196 9006 9296 6065 1853
Page 8 of 8
y
VERIFICATION
Virginia L. Combs 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: V 'a L. Combs
Title: Vice President - Document Control
DATE: 5 g /a, 0 / 3
FILE #: 13 -0460
NAME: STIFFLER, NATOSHA L. & LEIGHTON P.
r
4;° Qr Tai; FROTHUON iTA RY
'2613 X11 -5 p" 1, 10 20
POWERS, KIRN & JAVARDIAN, LLC Cul'IBERLAND COUNTY
Gregory Javardian, Esquire Id No. 55669 f E N N S Y (_Nf A N f A
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. ,2, D/l
NATOSHA L. STIFFLER COMPLAINT IN
LEIGHTON P. STIFFLER MORTGAGE FORECLOSURE
147 PORTER AVENUE
CARLISLE, PA 17013
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.
Date Respectfully submitted,
❑Gregory Javardian, Esquire Id. No. 55669
❑Mary F. Kennedy, Esquire Id. No. 77149
Z n han K. Boyle, Esquire Id. No. 201661
P. Mays, Esquire Id. No. 307518
ard J. Nalbandian, III, Esquire Id. No.312653
Attorneys for Plaintiff
Cumberland County Residential Mortgage Foreclosure Diversion Program
Date Financial Worksheet
�
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 Year:
Amount owed: $ Value:
Automobile #2: Model Y
Amount owed $ Value:
Other transportation (automobiles boats motorcycles Model) Model:
Yea: Amount owed $: Value: $
MONTHLY INCOME
Name of Employers
1.
2.
3.
Additional Income Description (not wages):
1 monthly amount $
2 • monthly amount $
Borrower Pay Days: Co- Borrower Pay Days
MONTHLY EXPENSES
(Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage $ Food $
2nd Mortgage $ Utilities $
Car Payment(s) $ Condo/Neigh. Fees $
Auto Insurance $ Med not covered $
Auto fuel /repairs $ Other prop payment $
Install Loan Payment $ Cable TV $
Child Support/Alimony $ Spending Money $
Day /Child Care Tuition $ Other Expenses $
Amount Available for Monthly Mortgage Payments Based on Income Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes please provide the following information
Counseling Agency:
Counselor:
Phone Office: Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance
Yes ❑ No ❑
If yes please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to
resolve your delinquency Yes ❑ No ❑
If yes please indicate the status of those negotiations:
Please provide the following information if known regarding your lender's or lender loan
servicing company Lender Contact (Name)
Phone
Servicing Company (Name)
Contact: Phone
AUTHORIZATION
I/We authorize the above named to use /refer this information
to my lender /servicer for the sole purpose of evaluating my financial situation for possible
mortgage options. I /We understand that I /we am/are under no obligation to use the services
provided by the above named
Borrower Signature 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
2nd Floor, Suite 202
Southampton, PA 18966
(tel) 215- 942 -9690
(fax) 215- 942 -9695
Attention: Jennifer McGarrity
(tel) 215- 942 -2090 ext. 1326
jennifer.mcizarrity@Dkjllc.com
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith l THE PROTHON0 iRy
Chief Deputy
1013
Richard W Stewart 2
Solicitor 0MI S Or r4,AI-;RAF
CUMBERLAND C013 Y
PENNSYLVANIA
Citimortgage Inc. Case Number
vs. 2013-3219
Nat
osha L Stiffler(et al.)
SHERIFF'S RETURN OF SERVICE
06/13/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Leighton P Stiffler, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 147 Porter Avenue, Carlisle
Borough, Carlisle, PA 17013. Residence is vacant.
06/13/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Natosha L Stiffler, but was unable to locate the Defendant in his
bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure
Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 147 Porter Avenue, Carlisle
Borough, Carlisle, PA 17013. Residence is vacant.
SHERIFF COST: $67.56 SO ANSWERS,
June 19, 2013 RbNW R ANDERSON, SHERIFF
(c)CounlySul[e Sde0 Teleosoft,Inc.
#13-0460
POWERS, KIRN & JAVARDIAN, LLC
f
By: Richard Nalbandian H T -
Attorney Id#312653 r HOho j �j�( '�
1310 Industrial Boulevard AIL 23 AH 10. �
2"d Floor, Suite 202 C"B
Southampton, PA 18966 8 Sf could '
Telephone: 215-942-2090 NIA
Attorneys for Plaintiff
CITIMORTGAGE, INC COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. CUMBERLAND COUNTY
NATOSHA L. STIFFLER No. 13-3219 Civil
LEIGHTON P. STIFFLER
Defendant(s)
PRAECIPE TO REINSTATE COMPLAINT
TO THE COURT:
Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty (30)days.
Richard Nalbandian
Attorney Id#312653
POWERS, KIRN & JAVARDIAN, LLC
Attorneys for Plaintiff
Dated: July 22, 2013
OUv�
���. 7s a
)2* gq
#13-0460
A.
POWERS, KIRN & JAVARDIAN, LLC 11 ` -f HE Pf�o7-HON0 TAk
By: Richard Nalbandian �Q��AUG 2+� � .
Attorney Id# 312653 E(j 09
1310 Industrial Boulevard, Suite 202 CUMBERLAND COUNTY
Southampton, PA 18966 PENNSYLVANIA
Telephone: 215-942-2090
Attorneys for Plaintiff
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
VS.
Natosha L. Stiffler and Leighton P. Stiffler CUMBERLAND COUNTY
Defendant(s)
No. 13-3219 Civil
PRAECIPE TO REINSTATE COMPLAINT
TO THE COURT:
Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty(30)days.
Richard Nalbandian
Attorney Id# 312653
POWERS, KIRN & JAVARDIAN, LLC
Attorneys for Plaintiff
Dated: August 27, 2013
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson j u t
Sheriff � t afara ar , r;J i iL �.. .
Jody S Smith
Chief Deputy „,, ;. .. t:j'3 OCT -1 AN 10: 25
; z t
Richard W Stewart CUMBERLAND C0' ?,#FY
Solicitor .Ertff F r h fPr PENNSYLVANIA
Citimortgage Inc. Case Number
vs. 2013-3219
Natosha L Stiffler(et al.)
SHERIFF'S RETURN OF SERVICE
07/29/2013 08:30 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Natosha L Stiffler, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found”at 106
Virginia Avenue, North Middleton, Carlisle, PA 17013. Defendant contacted this office and provide a new
address of 51A Konhaus Road, Mechanicsburg, PA 17050.
07/29/2013 08:30 PM - Deputy Jason Kinsler, 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:
Leighton P Stiffler at 106 Virginia Avenue, North Middleton, Carlisle, PA .
7/).—__
ASON KINSLER, DEPUTY
09/14/2013 04:13 PM- Deputy Shawn Harrison, being duly sworn according to law, served the r:quested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint i fo
■ sag: Fo -closure by
"personally" handing a true copy to a person representing themselve- ',e h- Def= dant, to wit:
Natosha L Stiffer at 51A Konhaus Road, Silver Spring, Mechanicsbur ' 7150.
, l/
SH' H•RRISON, DEPUTY
SHERIFF COST: $72.08 SO ANSWERS,
g 'ef /
September 23, 2013 RONNY ANDERSON, SHERIFF
CountySui.e Shar!ff,releasoft.i..,_
- t
ri
LI
James Proctor Law Office,LLC PENNS +
35 East High Street,Suite 202 �`
Carlisle,PA 17013
717.559D123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
CITIMORTGAGE,INC •
1000 TECHNOLOGY DRIVE
O'FALLON,MO 63368 •
MORTGAGE FORECLOSURE
Plaintiff
v. NO, 2013-3219
NATOSHA L. STIFFLER
LEIGHTON P. STIFFLER
147 PORTER AVENUE
CARLISLE,PA 17013 •
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
1. To the Prothonotary: Enter my appearance on behalf of Defendant Leighton P. Stiffler.
2. Papers may be served at the address set forth below.
James L. Proctor, Jr.
PA I.D. #312202
James Proctor Law Office, LLC
35 East High Street, Suite 202
Carlisle, PA 17013
(717) 559-0123
Date: October 21, 2013 nature
I3 OCT 2I
�*{i'�BE iLAND` l..js1 E.;'?��,-t f..,�.
James Proctor Law Office,LLC t E N N S f�"$t�� I-
35 East High Street,Suite 202
Carlisle,PA 17013
717.559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CITIMORTGAGE,INC
1000 TECHNOLOGY DRIVE
O'FALLON,MO 63368
MORTGAGE FORECLOSURE
Plaintiff
v. NO.2013-3219
NATOSHA L. STIFFLER
LEIGHTON P. STIFFLER
147 PORTER AVENUE
CARLISLE,PA 17013
Defendants •
NOTICE TO PLEAD
To: Plaintiff, CITIMORTGAGE, INC.
You are notified to Plead to the enclosed New Matter within twenty (20)days from the
date of service, or a judgment may be entered against you.
Date: October 21, 2013 :v ,,, '�/f►
ES L. PROCT•R, JR.
•rney for Defendant Leighton P. tiffler
' '•1bEr Ei°;7NL t UL
PENNSYLVANIA
James Proctor Law Office,LLC
35 East High Street,Suite 202
Carlisle,PA 17013
717 559 0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
CITIMORTGAGE, INC ,
1000 TECHNOLOGY DRIVE
O'FALLON,MO 63368
MORTGAGE FORECLOSURE
Plaintiff •
v. NO. 2013-3219
NATOSHA L. STIFFLER
LEIGHTON P. STIFFLER
147 PORTER AVENUE
CARLISLE, PA 17013 ,
Defendants
NOTICE TO PLEAD
To: Defendant,NATOSHA LEBLANC.
You are notified to Plead to the enclosed Cross-claim within twenty (20)days from the
date of service, or a judgment may be entered against you.
Date: October 21, 2013 L,�.,� A . lc 4...41r v
6 ES L. PROCTO', JR.
•rney for Defendant LeightoV. 'tiffler
2::3 OCT 2I P L:
i
Jt
It--i?[R
i�J L_i1L1"S I_,D
FE it SYL`vANIr,
James Proctor Law Office,LLC
35 East High Street,Suite 202
Carlisle,PA 17013
717.559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
CITIMORTGAGE,INC
1000 TECHNOLOGY DRIVE •
O'FALLON, MO 63368 •
MORTGAGE FORECLOSURE
Plaintiff
v. NO. 2013-3219
NATOSHA L. STIFFLER
LEIGHTON P. STIFFLER
147 PORTER AVENUE
CARLISLE, PA 17013
Defendants
ANSWER, NEW MATTER, AND CROSS-CLAIM
And now comes the Defendant, Leighton P. Stiffler("Defendant Stiffler"), by and
through his attorney, James L. Proctor,Jr., and files the following Answer and Cross-claim to
Complaint in Civil Action, averring as follows:
ANSWER
1. Defendant Stiffler admits the allegations of Paragraph 1.
2. Defendant Stiffler denies in part the allegations of Paragraph 2.Neither defendant
in this case lives at the address indicated in the caption hereof.
3. Defendant Stiffler admits the allegations of Paragraph 3.
4. Defendant Stiffler admits the allegations of Paragraph 4.
5. Defendant Stiffler admits the allegations of Paragraph 5.
6. Defendant Stiffler admits the allegations of Paragraph 6.
7. Defendant Stiffler denies in part the allegations of Paragraph 2. Defendant
LeBlanc failed to make said payments and has been ordered to relieve Defendant
Stiffler's obligation as explained in the Cross-claim below.
8. Defendant Stiffler is without knowledge or information sufficient to form a belief
as to the truth of the allegations of Paragraph 8, as it is merely a statement of
Plaintiff's intent.
9. Defendant Stiffler is without knowledge or information sufficient to form a belief
as to the truth of the allegations of Paragraph 9, as it is merely a statement of
Plaintiff's intent.
10. Defendant Stiffler admits the allegations of Paragraph 10.
11. Defendant Stiffler admits the allegations of Paragraph 11.
NEW MATTER
12. Paragraphs 1 though 11 are hereby incorporated by reference.
13. Defendant Stiffler filed a no-fault Complaint in Divorce in the Court of Common
Please of Cumberland County, Pennsylvania, Civil Division, on January 21, 2010.
14. Defendants were granted a Divorce Decree on June 7, 2010, which incorporated
the terms of a Property and Separation Agreement(the "Property Settlement")
signed by the two parties on May 21, 2010. A copy of the Divorce Decree is
included as Exhibit A, and a copy of the Property Settlement applicable to the
mortgage in the above captioned case (Paragraph 12 of the Property and
Separation Agreement) is included as Exhibit B.
15. On October 21, 2010, Defendant Natosha L. Stiffler filed notice to resume her
prior surname of LeBlanc, effective on the date of the divorce decree. A copy of
the Order granting this request is included as Exhibit C. Therefore, Defendant
Natosha L. Stiffler will hereafter be referred to as"Defendant LeBlanc".
16. On August 16, 2013, Defendant Stiffler filed a Petition against Defendant
LeBlanc in the Court of Common Please of Cumberland County, Pennsylvania,
Civil Division, in order to enforce the terms of Exhibit B.
17. On September 19. 2013,the Court issued an Order for Defendant LeBlanc to take
immediate steps to remove Defendant Stiffler from the mortgage in the above
captioned case, and to indemnify and hold him harmless for any and all sums
required to be paid in connection with said mortgage. A copy of this Order is
included as Exhibit D.
CROSS-CLAIM
18. Paragraphs 1 though 17 are hereby incorporated by reference.
19. To the best knowledge of Defendant Stiffler, Defendant LeBlanc has failed to
assume and refinance the mortgage or remove Defendant Stiffler as an obligor as
outlined in Exhibit B and was ordered by the Court to perform in the Divorce
Decree and in the Order to Enforce the terms of the Marital Settlement
Agreement.
20. Paragraph 23 of the Property Settlement allows, in the event of a breach by a
party, the other party to either sue for damages or seek other such remedies or
relief as may be available to him or her. Exhibit A, Page 20.
WHEREFORE, Defendant Leighton P. Stiff ler prays this Honorable Court remove him
as a defendant in the above captioned case, and grant any other relief determined to be
appropriate.
Respectfully submitted,
Date: October 21, 2013 .�'/v ` `— l r►s�►►
6 ES L. PROCTOR, JR.
•rney for Defendant Leighto iffier
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
LEIGHTON P. STIFFLER
V. •
NATOSHA L. STIFFLER : No. 2010-570
DIVORCE DECREE
o�
AND NOW, 7 , a�l0 , it is ordered and decreed that
LEIGHTON P. STIFFLER , plaintiff, and
NATOSHA L. STIFFLER , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None. The parties' Separation and Property Settlement Agreement, entered into May 21,
2010, is incorporated herein, but not merged.
By a-Court,
Attest: J.
• = Prothonotary
EXHIBIT A
12. REAL ESTATE:
The parties are joint owners of real estate located at 147 Porter Avenue, Carlisle,
Cumberland County, Pennsylvania. Said property is owned in joint names as tenants by
the entireties. The property is encumbered with a mortgage due and owing to
CitiMortgage,Account Number 2005522414-9.
From the time of execution of this Agreement forward, Wife shall be solely and
exclusively responsible for repayment of the mortgage due and owing to CitiMortgage,
and will indemnify Husband and hold him harmless from and against any and all
demands for payment or collection activity of any nature whatsoever.
In addition, Wife shall assume, refinance the mortgage and be responsible for all
costs and any amount sufficient to pay the mortgage in full and thereby remove Husband
as an obligor on said mortgage. At the time of the assumption/refinance, Husband shall
execute a deed conveying his interest in said property and shall provide the deed to Wife
at the time of the assumption/refinance. Husband shall make no claim of any nature
whatsoever relative to any legal or equitable interest in the aforesaid real estate from the
date of execution and delivery of the deed forward. Wife shall assume/refinance the
mortgage within sixty(60)days of the execution of this Agreement.
At the time of the refinance, neither party shall make any claim against the other
for distribution of proceeds in any manner.
13. PENSION, RETIREMENT, PROFIT SHARING:
A. The parties recognize that Wife has a pension as a result of her
employment with Cumberland County. For the mutual promises and covenants contained
EXHIBIT B
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
J-e4 ion V. S-\cler
Plaintiff • A O 1�— S`7 o
Vs . File No.
IN DIVORCE
•
Defendant o rn
-0X ca --I
rn� o rn�
=rn
cn'— ra
:73c)
NOTICE TO RESUME PRIOR SURNAME r-
_<a� — o
Notice is hereby given that the Plaintiff/defendant in the above matter, v N o m mc CD-11
[select one by marking"x"] o
prior to the entry of a Final Decree in Divorce,
or X after the entry of a Final Decree in Divorce dated J um li f2dD
hereby elects to resume the prior surname of and gives this
written notice avowing his/her intention pursuant to the provisions of 54 P.S. 704.
f
Date: jQ al 1 f[COI D �/..1 h.., _.1 drA . AAIK"._��
Signature / '
/KO . _AO% /IP
ignature of name being reswned
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF Ctut*berins,d)
p da of
plow On the al
y (��,�. ,400 before me,the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he/she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand.hereeinto set my hand and official
seal.
Pratt 4 daty o otary Publi
EXHIBIT Cwww° ." "intiw
LEIGHTON P. STIFFLER, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2010-0570 CIVIL TERM
NATOSHA LEBLANC,
Respondent IN DIVORCE
ORDER OF COURT
AND NOW, this 19th day of September, 2013 , this
being the time and place set for the return of the Rule to Show
Cause why the Respondent, Natosha LeBlanc, should not be
required to comply with the terms of the Marital Settlement
Agreement, and no answer having been filed, it is ordered and
directed that Natosha LeBlanc shall take immediate steps to have
Petitioner removed from the mortgage to Citibank on 147 Porter
Drive, Carlisle, Pennsylvania, and that she shall indemnify and
hold him harmless for any and all sums required to be paid in
connection with said mortgage .
By the Court,
4;;;;?
Edward E. Guido, J.
Jries Proctor, Esquire c:
East High Street, Suite 102 3 Z y _
Carlisle, PA 17013 -13 co cn rn
Attorney for Petitioner � v;
z �•L
Natosha LeBlanc fi5,1- N o
51A Konhaus Road -CD "o CD's'
Mechanicsburg, PA 17050 7>c) 3
Z O W c)
A C 3'
--t
srs
EXHIBIT D
VERIFICATION
I,Leighton P. Stiff ler, hereby verify that the statements made in the foregoing
documents are true and correct to the best of my knowledge, information and belief. I
understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A.
§ 4904 relating to unsworn falsification to authorities.
1111
Date: October 21, 2013 ` iltad ,
1G •Neil LER
Ir i'E;b
is OCT 21 P1 k .
Lifri3Ei L EJ
'ENNSYL` A.NI
James Proctor Law Office,LLC
35 East High Street,Suite 202
Carlisle,PA 17013
717 559 0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
CITIMORTGAGE, INC
1000 TECHNOLOGY DRIVE
O'FALLON,MO 63368
MORTGAGE FORECLOSURE
Plaintiff
v. NO. 2013-3219
NATOSHA L. STIFFLER ••
LEIGHTON P. STIFFLER ••
147 PORTER AVENUE
CARLISLE,PA 17013 ••
Defendants ••
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Answer and New Matter was served on
the following parties this 21st day of October 2013 by First Class mail, U.S. Postage Prepaid at
the following addresses:
For Plaintiff Citimortgage, Inc.:
Daniel C. Fanaselle, Esquire
Powers, Kim& Javardian, LLC
1310 Industrial Boulevard, 2nd Floor, Suite 202
Southampton, PA 18966
For Defendant:
Natosha LeBlanc
51A Konhaus Road
Mechanicsburg, PA 17050
A ES L. PROCT• • ,JR.
Atto ey for Defendant Leighton ` iffler
13-0460
POWERS, KIRN, &JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE ID No. 55669 '41;13
JILL MANUEL-COUGHLIN, ESQUIRE ID No. 63252
MARY F. KENNEDY, ESQUIRE ID No. 77149 /�.;t,t_ti t.r`{Pt)
MEGHAN K. BOYLE, ESQUIRE ID No. 201661 'E ENNS}'L'-' 'UN) ;'
DANIEL C. FANASELLE, ESQUIRE Id No.312292
RICHARD J.NALBANDIAN, III, ESQUIRE ID No. 312653
1310 INDUSTRIAL BOULEVARD, SUITE 202
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. 2013-3219
NATOSHA L. STIFFLER N/KJA
NATOSHA L. LEBLANC
LEIGHTON P. STIFFLER
147 PORTER AVENUE
CARLISLE, PA 17013
Defendants.
PLAINTIFF'S REPLY TO DEFENDANT LEIGHTON P. STIFFLER'S NEW
MATTER AND CROSS-CLAIM
Plaintiff, Citimortgage, Inc., through its undersigned Attorney hereby responds to
Defendant Leighton P. Stiffler's New Matter and Cross-Claim as follows:
REPLY TO NEW MATTER
12. No response is required under the Rules of Civil Procedure.
13. After a reasonable investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of this allegation.
14. After a reasonable investigation, Plaintiff is without knowledge or
information sufficient to for a belief as to the truth of this allegation. By way of further
A 13-0460
response,this allegation is not a proper defense in a mortgage foreclosure action. The
Defendant is a record owner of the subject property, and therefore, is a proper party in
this foreclosure action. Signal Consumer Discount Company v. Babuscio, 257 Pa. Super.
101, 108, 390 A.2d 266, 270 (1978). "Assumption of the debt is important on the
question of personal liability for the debt; it has nothing whatever to do with the question
of proper parties in an action of foreclosure de terris."Id.
15. After a reasonable investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of this allegation.
16. After a reasonable investigation, Plaintiff is without knowledge or
information sufficient to form a belief as the truth of this allegation.
17. After a reasonable investigation, Plaintiff is without knowledge or
information sufficient to for a belief as to the truth of this allegation. By way of further
response, this allegation is not a proper defense in a mortgage foreclosure action. The
Defendant is a record owner of the subject property, and therefore, he is a proper party in
this foreclosure action. Signal Consumer Discount Company v. Babuscio, 257 Pa. Super.
101, 108, 390 A.2d 266, 270 (1978). "Assumption of the debt is important on the
question of personal liability for the debt; it has nothing whatever to do with the question
of proper parties in an action of foreclosure de terris."Id.
ANSWER TO CROSS-CLAIM
18-20. Denied. These paragraphs are directed to a party other than the
Plaintiff and no response is required. By way of further answer, as set forth in the
Complaint, Defendant Leighton P. Stiffler is a mortgagor and obligor under the security
documents. Furthermore, Defendant's cross-claim is not a permissible claim under
13-0460
Pa.R.C.P. 1148, as the alleged claim "arose once the mortgage was in default, but [was]
not part of, or incident to the creation of the mortgage itself."Mellon Bank, N.A. v.
Joseph, 267 Pa. Super. 307, 317, 406 A.2d 1055, 1060 (1979).
WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant,
Leighton P. Stiffler.
Date: q- )0/.3 BY:
❑Gregory Javardian, Esquire Id.No. 55669
❑Jill Manuel-Coughlin, Esquire Id.No. 36252
❑Mary F. Kennedy, Esquire Id.No. 77149
❑Meghan K. Boyle,Esquire Id. No. 201661
Daniel C. Fanaselle, Esquire Id.No. 312292
❑Richard J.Nalbandian, III, Esquire Id.No. 312653
Attorneys for Plaintiff
13-0460
POWERS, KIRN, &JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE ID No. 55669
JILL MANUEL-COUGHLIN,ESQUIRE ID No. 63252
MARY F. KENNEDY,ESQUIRE ID No. 77149
MEGHAN K. BOYLE, ESQUIRE ID No. 201661
DANIEL C. FANASELLE, ESQUIRE Id No. 312292
RICHARD J.NALBANDIAN, III, ESQUIRE ID No. 312653
1310 INDUSTRIAL BOULEVARD, SUITE 202
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 4013-3219
NATOSHA L. STIFFLER N/KJA
NATOSHA L. LEBLANC
LEIGHTON P. STIFFLER
147 PORTER AVENUE
CARLISLE, PA 17013
Defendants.
CERTIFICATE OF SERVICE
TO THE PROTHONOTARY:
I hereby certify that a copy of Plaintiff's reply to Defendant Leighton P. Stiffler's
New Matter and Cross-Claim was mailed to the following individuals by regular mail,
first class United States mail, postage prepaid on the date set forth below.
James L. Proctor, Jr. Natosha L. Stiffler n/k/a
Attorney for Defendant Leighton P. Stiffler Natosha L. LeBlanc
35 East High Street, Suite 202 147 Porter Avenue
Carlisle, PA 17013 Carlisle, PA 17013
Date: f J -fr )l3 BY:
Daniel C. Fanaselle, Esquire Id. No. 312292
Attorney for Plaintiff
C.; D
it0��:
IN THE COURT OF COMMON PLEAS 2914 JA , , IA ,
CUMBERLAND COUNTY, PENNSYLVANIA t'BE-RL , 11
CIVIL ACTION-LAW $ ��K/,4 Y
CITIMORTGAGE, INC., COURT OF COMMON PLEAS
PLAINTIFF
CIVIL DIVISION
VS.
CUMBERLAND COUNTY
NATOSHA L. STIFFLER
LEIGHTON P. STIFFLER No. 2013-3219
DEFENDANTS.
STIPULATION FOR CONSENT JUDGMENT
1. On June 5, 2013, the Plaintiff filed a Complaint in Mortgage
Foreclosure against the above named Defendants.
2. On October 21, 2013, Defendant Leighton P. Stiffler filed an Answer,
New Matter and Cross Claim.
3. On November 6, 2013 Plaintiff filed a reply to Defendant's New
Matter and Cross Claim.
4. It is agreed by and between Plaintiff and Defendant Leighton P.
Stiffler that in order to avoid the additional costs and delays
associated with litigating the foreclosure action, judgment is entered
against Defendant Leighton P. Stiffler and damages are assessed in
the amount of $125,648.83, together with the interest at the per diem
rate of $19.1995, for each day from May 25, 2013, until the date of
judgment and legal interest thereafter.
5. In exchange for the agreement of sale Plaintiff has agreed to waive
any deficiency rights it may have against Defendant Leighton P.
Stiff ler.
6. The parties agree that an electronic signature or facsimile of the
executed Stipulation shall operate as the same effect as an original
executed Stipulation.
7. The parties respectfully request that this Stipulation be approved by
this Honorable Court by Order of Court attached hereto.
Respectfully submitted,
Date: I/Cr/2o l By:
mes L. Proctor, Jr., E ilp re
ttorney for Defendant
35 E High Street, Suite 202
Carlisle, PA 17013
I�C?I By: 0 - - s �i' I / I
Date: B % ' -��∎11fiii
Flig .n P. S : ,
Defendant
Date: 1- 7- /q By: cs, �_____ --
Daniel C. Fanaselle, Esquire
Attorney for Plaintiff
1310 Industrial Boulevard
2nd Floor, Suite 202
Southampton, PA 18966
(215) 942-2090
POWERS, KIRN & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE ID No. 55669
MARY F. KENNEDY, ESQUIRE ID No. 77149
MEGHAN K. BOYLE, ESQUIRE ID No. 201661
DANIEL C. FANASELLE, ESQUIRE ID. No. 312292
RICHARD J. NALBANDIAN, III, ESQUIRE ID. No. 312653
1310 INDUSTRIAL BOULEVARD, SUITE 202
SOUTHAMPTON, PA 18966
(215) 942-2090
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CitiMortgage, Inc. COURT OF COMMON PLEAS
Plaintiff, CIVIL DIVISON
vs. No. 2013-3210
Natosha L. Stiffler Mortgage Foreclosure
Leighton P. Stiffler
Defendant(s).
CERTIFICATE OF SERVICE
TO THE PROTHONOTARY:
I hereby certify that copies of the Stipulation for Consent Judgment as to Defendant
Leighton P. Stiffler, and Praecipe for Default Judgment as to Defendant Natosha L. Stiffler were
mailed to the following individuals by regular mail, first class United States mail, postage
prepaid on the date set forth below.
James L. Proctor, Jr., Esquire Natosha L. Stiffler
Attorney for Defendant 147 Porter Avenue
35 E High Street, Suite 202 Carlisle, PA 17013
Carlisle, PA 17013
Date: 0/'-j BY:
❑Gregory Javardian, Esquire Id. No. 55669
❑Mary F. Kennedy, Esquire Id. No. 77149
E Meghan K. Boyle, Esquire Id. No. 201661
C baniel C. Fanaselle, Esquire Id. No. 312292
❑Richard J. Nalbandian, III, Esquire Id.No. 312653
Attorneys for Plaintiff
• r
POWERS,KIRN&JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE Id.No. 55669 F'ir, f'
MARY F. KENN DYG SQUIRE Id.ESQUIRE d 409 63252 "1 ,^! `'tin
' 07,4/1.1
MEGHAN K. BOYLE, ESQUIRE Id.No. 201661 ;/JA $�� 411
DANIEL C. FANASELLE, ESQUIRE QId.
UIRE Id No. 312653 ` ENN4 }��0 C�(1/� ,
��
RICHARD J.NALBANDIAN, III,
1310 INDUSTRIAL BOULEVARD Ai/A
2nd Floor, SUITE 202
SOUTHAMPTON,PA 18966
(215)942-2090
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE
O'FALLON,MO 63368 CUMBERLAND COUNTY
vs. No.: 13-3219 CIVIL
NATOSHA L. STIFFLER
LEIGHTON P. STIFFLER
51A KONHAUS ROAD,
SILVER SPRING
MECHANICSBURG,PA 17050
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against NATOSHA L. STIFFLER, Defendant 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 $125, 648 . 83
Interest 05/25/2013 to 01/10/2014 4435. 08
TOTAL $130,083.91
I hereby certify that(1)the addresses of the Plaintiff and Defendant are as shown above, and
(2)that notice has been given in accordance with Rule 237.1,copy attached.
El Gregory Javardian, Esquire Id.No. 55669
❑Jill Manuel-Coughlin,Esquire Id.No.63252
❑Mary F. Kennedy,Esquire Id.No. 77149
❑Meghan K. Boyle,Esquire Id.No. 201661
Daniel C. Fanaselle, Esquire312292
❑Richard J.Nalbandian, Esquire Id.No. 312653
Attorneys for Plaintiff
Damages are hereby assessed as indicated. w
72) 7), t on
DATE: 1 a l ,..., ,. 5 ►lQ.�
PROTHONOTARY Q,1M-4
Cl,A 1st-13s -�
tiohLo
' ~
#\3-046O
POWERS,KIRN&JAVARDIAN,LLC
GREGORY JAVARDIAN,ESQUIRE ID.NC).55669
JILL MANUEL-COUGHLIN,ESQUIRE ID.NO.63252
MARY F.KENNEDY,ESQUIRE ID.NO.77/49
NIGGDANK.BOYLE,ESQUIRE ID.NO.201661
SEAN P.MAYS,ESQUIRE ID.NO.307518
DANIEL C.FANASELLE,ESQUIRE ID.NO.312292
RICHARD l#ALBANCouN.Ill,ESQUIRE ID.NO.3|053
1310 INDUSTRIAL BOULEVARD
2.N°FLOOR,SUITE 202
SOUTHAMPTON,PA 18966
(215)942-2090
AYrORNEYS FOR PLAINTIFF
Cl1lkxOKTOxGC,]NC. IN THE COURT OF COMMON PLEAS
PLA INTIFF CUMBERLAND COUNTY
VS.
NO. 13-3219 CIVIL
NATOSHA L.STIFFLER
LC|GBTONP.STlvFCCK
DEFENDANTS
Natasha L.Snifter Leighton P.Sd0cr
147 Porter Avenue 147 Porter Avenue
Carlisle,PA 17013 Carlisle,PA 17013
Natosha L.Stiffler Leighton P.StifIler
5IA Konhaus Road,Silver Spring 306 Virginia Avenue,North Middleton
Mechanicsburg,PA 17050 Carlisle,PA 17013
DATE OP NOTICE:Oo,ohcr '
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 affor one,go to or
telephone the following oflice 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,Kim&Javardian,LLC
UY:_���~��,
o Gregory Javardian,Esquire Id.No.55669
o Jill Manucl-Coughlin,Esquire Id.No.63252
o Mary F. Kennedy,Esquire Id.No 77149
o Ivleghan K.Boyle,Esquire Id.No.201661
o Sean P.Mays,Esquire Id.No.307518
)(D,n|dC.yxn^nuU^.Esquire |d.No.312292
o Richard J.Nalbandian,Ill,Esquire Id.No.312653
listed seomuenunmmmdo de rebeldiapmnohaber tornado|uwzimrequiidnde su parte en este camA|no*ms}umdon
dobdudunundcxntrmixodcdiuz(lNdivydouymnmi6muiun.c|tribunal podna,sin necesidad de compararecer usted en
ounuooxmobarpmchuu|&vna,dicm,mootennivon^vcuo/w.umcdpoodop*do,hirocsyotmsdo,cchonimponxnmv. Debe
Ucvw,oMuovhOoucinouonobuAmdoimmodimomcn*xi"$edno|iuomokogodv.ominohcuodioomuuOdvn.cpmntalmm,inio.
vivnnn persona u||mmmportelpk`xuubofi,loa,ruyodlrecoivnsroummtmwodtaohajopumn,c,igomdondomepuodv
uvnu*euirmoimxndm|�p/
"NO'FICE PURSUANT To FAIR l)E13'l'COLLECTION PRACTICES ACT
THIS IS AN ATTEMPl"f0 COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL 13F,USED FOR THAT
PURPOSE"
4
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: NATOSHA L. STIFFLER
51A KONHAUS ROAD, SILVER SPRING
MECHANICSBURG, PA 17050
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY
vs.
No.: 13-3219 CIVIL
NATOSHA L. STIFFER
LEIGHTON P. STIFFLER
Defendant
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, Kirn&Javardian,LLC at this telephone number: (215) 942-2090.
1.
1 tt k1L
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
CITIMORTGAGE, INC., COURT OF COMMON PLEAS
PLAINTIFF
CIVIL DIVISION
VS.
CUMBERLAND COUNTY
NATOSHA L. STIFFLER
LEIGHTON P. STIFFLER No. 2013-3219 r
DEFENDANTS.
ORDER '
AND NOW, this 23'-j day of ��,• , 20 1 Y upon
consideration of the attached Stipulation it is hereby ORDERED AND
DECREED, that the Stipulation for Consent Judgment is APPROVED and
made an Order of this Court.
AND judgment is entered in the amount of$125,648.83, together with
the interest at the per diem rate of$19.1995, for each day from May 25, 2013,
until the date of judgment and legal interest thereafter.
BY THE COURT:
J.
Co es ALL
�a �a �l
J te �sy�s
- -1 Ci/,y- '=- e7
POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id. No. 55669
Jill Manuel- Coughlin, Esquire Id. No. 63252
Jolanta Pekalska, Esquire Id. No. 307968
Daniel C. Fanaselle, Esquire Id. No. 312292
Matthew J. McDonnell, Esquire Id. No. 313549
1310 Industrial Boulevard, Suite 202
Southampton, PA 18966
(215) 942 -2090
CUI13ERL AM COUNT
PENNSYLVANIA
ATTORNEY FOR PLAINTIFF
CITIMORTGAGE, INC.
vs.
NATOSHA L. STIFFLER
LEIGHTON P. STIFFLER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET #: 13 -3219 CIVIL
PRAECIPE TO SUBSTITUTE PLAINTIFF
TO THE PROTHONOTARY:
Kindly substitute the Plaintiff's name to read as follows: FEDERAL NATIONAL
MORTGAGE ASSOCIATION, relative to the above matter, pursuant to an assignment of mortgage
recorded on 02/14/2014 in INSTRUMENT #201403254. A copy is attached and made a part hereof as
Exhibit `A'.
Date: I
❑ Gregory Javardian, Esquire Id. No. 55669
❑ Jill Manuel - Coughlin, Esquire Id. No. 63252
❑ Jolanta Pekalska, Esquire Id. No. 307968
❑ Daniel C. Fanaselle, Esquire Id. No. 312292
('Matthew J. McDonnell, Esquire Id. No. 313549
Attorneys for Plaintiff
CtL4 llQ3".c1
EXHIBIT `A
Inst. # 201403254 - Page 4 of 4
TAMMY SHEARER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717 - 240 -6370
Instrument Number - 201403254
Recorded On 2/14/2014 At 8:46:18 AM
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 156280 User ID - KW
* Mortgaga - STIFFLER, NATOSHA L
* Mortgagee - FEDERAL NATIONAL MTG ASSOC
* Customer - SIMPLIFILE LC E- RECORDING
* FEES
STATE WRIT TAX
STATE JCS /ACCESS TO
JUSTICE
RECORDING FEES —
RECORDER OF DEEDS
PARCEL CERTIFICATION
FEES
COUNTY ARCHIVES FEE
ROD ARCHIVES FEE
TOTAL PAID
$0.50
$23.50
$11.50
$15.00
$2.00
$3.00
$55.50
* Total Pages - 4
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
y'f
y G,
t
RECORDER OF DEEDS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
Inst. # 201403254 - Page 1 of 4
Prepared By / Return To:
E.Lance/NTC, 2100 Alt. 19 North,
Palm Harbor, FL 34683
(800)346 -9152
Citi Loan No 2005522414
Seterus Loan No 25749853
Fannie Loan No 1707675542
Tax Code /PIN/UPI #: 02 -21- 0318 -094
CERTIFIED PROPERTY IDENTIFICATION NUMBERS
02 -21- 0318 -094 - CARLISLE - 1ST
CCGIS REGISTRY 02/14/2014 BY DC
ASSIGNMENT OF MORTGAGE
Contact Federal National Mortgage Association for this instrument do Seterus, Inc., 14523 SW Millikan
Way, #200, Beaverton, OR 97005, telephone #1- 866 -570 -5277, which is responsible for receiving payments.
FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the
undersigned, CITIMORTGAGE, INC.,WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON,
MO, 63368, (ASSIGNOR), 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 FEDERAL NATIONAL MORTGAGE ASSOCIATION, WHOSE ADDRESS IS 14221 DALLAS
PARKWAY, SUITE 100, DALLAS, TX 75254, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE).
Said Mortgage dated 04/22/2008, in the amount of $115,200.00 made by NATOSHA L. STIFFLER AND
LEIGHTON P. STIFFLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR MEMBERS 1ST FEDERAL CREDIT UNION recorded on , in the Office of the Recorder of
Deeds of CUMBERLAND County, in the State of Pennsylvania, in Book , Page and /or Document # 200814297.
Property is more commonly known as: 147 PORTER AVE BOROUGH OF CARLISLE, CARLISLE, PA 17013.
See Exhibit attached for Assignments, Modifications etc.
Dated this 12th day of February in the year 2014
CITIMORTGAGE, INC.
By
MAR e3i ERITA WITZIG
VICE PRESIDENT
All Authorized Signatories whose signatures appear above have reviewed this document and supporting
documentation prior to signing.
CMOAV 22390586 -- MSR -2014 02 01
1111111 11111 11111 11111 11111 11111 11111 11111 liii liii imni1111inwiNiva111uati11111n11u
*D0005354930*
Inst. # 201403254 - Page 2 of 4
Citi Loan No 2005522414
Seterus Loan No 25749853
Fannie Loan No 1707675542
STATE OF FLORIDA COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me on this 12th day of February in the year 2014, by
Marguerita Witzigman as VICE PRESIDENT of CITIMORTGAGE, INC., who, as such VICE PRESIDENT
being authorized to do so, executed the foregoing instrument for the purposes therein contained. He /she /they is
(are) personally known to me.
L! l IJi►.��
TONYA L. JERA - NOT PUBLIC
COMM EXPIRES: 02/25/2017
Tonya !_. Tejera
Notary Public State of Florida
My Commission # EE849072
Expires February 25, 2017
Assignment of Mortgage from:
CITIMORTGAGE, INC.,WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON, MO, 63368,
(ASSIGNOR),
to:
FEDERAL NATIONAL MORTGAGE ASSOCIATION, WHOSE ADDRESS IS 14221 DALLAS
PARKWAY, SUITE 100, DALLAS, TX 75254, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE)
Mortgagor: NATOSHA L. STIFFLER AND LEIGHTON P. STIFFLER
When Recorded Return To:
CitiMortgage, Inc.
C/O Nationwide Title Clearing, Inc. 2100 Alt. l.9 North
Palm Harbor, FL 34683
All that certain lot or piece of ground situated in
Mortgage Premise: 147 PORTER AVE BOROUGH OF CARLISLE
CARLISLE, PA 17013
CUMBERLAND
(Borough or Township, if stated), Commonwealth of Pennsylvania.
Being more particularly described in said Mortgage.
Certificate of Residence
I, Marguerita Witzigman, do certify that the precise address of the within named Assignee is:
FEDERAL NATIONAL MORTGAGE ASSOCIATION, WHOSE ADDRESS IS 14221 DALLAS
PARKWAY, SUITE 100, DALLAS, TX 75254, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE)
/ i .. -k VA
AR'ei RITA WITZIG
VICE PRESIDENT
All Authorized Signatories whose signatures appear above have reviewed this document and supporting
documentation prior to signing.
iniiiiiiiui01151181`niii' °20' ° ° "' "'iuiniiii1iiioiNiiiiiHiiiiiiii
*D0005354930*
Inst. # 201403254 - Page 3 of 4
Loan No: 2005522414
'EXHIBIT A'
Assignments, Modifications, Consolidations Exhibit
Assignment: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR
MEMBERS 1ST FEDERAL CREDIT UNION TO CITIMORTGAGE, INC. DATED 09 -29 -2012. REC:
10- 5 -2012 INSTR# 201231605
1111111 11111 11111 11111 11111 11111 11111 11111 liii liii 11011110111011111111111111111111111111111111101111111111111
POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id. No. 55669
Jill Manuel- Coughlin, Esquire Id. No. 63252
Jolanta Pekalska, Esquire Id. No. 307968
Daniel C. Fanaselle, Esquire Id. No. 312292
Matthew J. McDonnell, Esquire Id. No. 313549
1310 Industrial Boulevard, Suite 202
Southampton, PA 18966
(215) 942 -2090
OILIAFR I AHII :23
CUMBERLAND COUN
PENNSYLVANIA
ATTORNEY FOR PLAINTIFF
CITIMORTGAGE, INC.
vs.
NATOSHA L. STIFFLER
LEIGHTON STIFFLER.
TO THE PROTHONOTARY:
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET #13 -3219 CIVIL
CERTIFICATE OF SERVICE
I hereby certify that a copy of the Praecipe to Substitute Plaintiff was mail d to the Defendant(s),
by regular, first class United States mail, to the below address on d ti 0,A 026 / L/
NATOSHA L. STIFFLER
51 A KONHAUS ROAD, SILVER SPRING
MECHANICSBURG, PA 17050
Date: (bl ) c-(
LEIGHTON P. STIFFLER
106 VIRGINIA AVENUE
NORTH MIDDLETON
CARLISLE, PA 17013
❑ Gregory Javardian, Esquire Id. No. 55669
❑ Jill Manuel - Coughlin, Esquire Id. No. 63252
❑ Jolanta Pekalska, Esquire Id. No. 307968
❑ Daniel C. Fanaselle, Esquire Id. No. 312292
[2/Matthew J. McDonnell, Esquire Id. No. 313549
Attorneys for Plaintiff