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Home My WebLink About13-3678 Supreme CouifokPennsylvania Cou D v� ` CAI M "Pleas For Prothonotary Use Only: T if o er Sheet , l g ,, ti Docket No: • 2 ex� CUIVIB�RLAND County The information collected on this form is used solelv for court administration purposes. This form does not supplement or replace the frlina and service of pleadin.i n - other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons rl Petition Q Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T CITIMORTGAGE, INC. TRISHA E. & ROGER A. MILLER Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? ( Yes X No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? [3 Yes iX{ No Is this an MDJAppeal? 0 Yes El 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 El Intentional El Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Debt Collection: Credit Card Q Board of Assessment Motor Vehicle 0 Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) Employment Dispute: © Slander/Libel/ Defamation Discrimination C Other: (] Employment Dispute: Other Zoning Board T 1 Other: I Other: O MASS TORT 0 Asbestos N 0 Tobacco E] Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste 0 Other: (� Ejectment [] Common Law /Statutory Arbitration B Eminent Domair. 'Condemnation 0 Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Non- Domestic Relations Mortgage Forech sure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Forech sure: Commercial 1l Quo Warranto Dental E3 Partition 0 Replevin Legal E] Quiet Title E3 Other: 0 Medical E] Other: n Other Professional: Updated 1/1/2011 f ) +� L C - Q, 0 TFiGNO TA R Y POWERS, KIRN & JAVARDIAN, LLCfj 5 Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 CU COUJ 4 T Y Meghan K. Boyle, Esquire Id No. 201661 PENN, Y� VA Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbandian, III, Esquire Id No. 3126 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 COUNT VS. NO. , ✓ " 3�0? b f 1// TRISHA E. MILLER COMPLAINT IN ROGER A. MILLER MORTGAGE FORECLOSURE 40 GORDON DRIVE 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 Ji oa 3 T ] 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 r 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. TRISHA E. MILLER COMPLAINT IN ROGER A. MILLER MORTGAGE FORECLOSURE 40 GORDON DRIVE 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. Trisha E. Miller and Roger A. Miller (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 March 26, 2003, was recorded on March 31, 2003 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1802, Page 5024. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on March 27, 2013 in the Office of Recorder of Deeds in Cumberland County in Instrument #201309724. 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 march 26, 2003 in the original principal amount of $39,000.00, which is payable to Plaintiff in monthly installments with an interest rate of 6.25 %. A copy of the Note is attached and made a part hereof as Exhibit `C'. 5. The land subject to the mortgage is 40 Gordon Drive, Carlisle, PA 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. Trisha E. Miller is the Record Owners of the mortgaged property located at 40 Gordon Drive, 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 $33,187.99 Interest to 06/28/2013 $1,709.09 Accumulated Late Charges $132.00 Inspections $121.50 O/S BPO $80.00 Escrow Advance Balance $133.86 Reconveyance $12.00 Release Fee $50.50 TOTAL $35,426.94 plus interest from 06/29/2013 at $5.6829 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 $35,426.94, together with interest, costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. POWERS, KIRN & JAVARDIAN, LLC BY: ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑M ghan K. Boyle, Esquire Id. No. 201661 ❑ can P. Mays, Esquire Id. No. 307518 ichard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT "A" T ) Esc 2T t'. wlEGUR I :UOR(DER OF DEEDS : tdi'ERLI +HD COUNTY —T ". } �3 �flR 31 fin 8 59 I Prepared By: Return To: Citibank, F.S.D. CkWortgage, Inc. 8333 Ridgepoint Drive Attn: Document Processing Irving, TX 75063 P.O. Box 790021 St. Louis, MO 63179.0021 Purcel Number: 's ! t °Pace A`•as �+u Liae Fx Ra.- •- t$+g :^.ataj I MORTGAGE E DEnNITIONS Words used In multiple sections of this document are defined below and other words are dented in Sections 3, 11, 13, 18. 20 and 21. Certain rules regarding the usage of words used In this document arc also provided in Seaton 16. 1 (A) "Security Instrument' means this document, which Is dated March 26, 2003 together with all Riders to this document. (B) "Borrower" Is TRISHA E. MILLER ! 4:UK4 IILw vmi IIUt.VM )w'.1 j A 2000788113 TRISHA E MILLER 1.114; 1 Ullill�llll( Iilllll( Glll( IIIIIIIIIIIII N(IIIIIIIIIII(I�Illllllllllllll Borrower Is the mortgagor under this Security Instrument. (C) `Lender' Is Citibank, F.S.B. Lender Is a Dank ftmim PEMSYLVANIA . Singles Family. Frmnle Mo&FreWe Mac VN4 W iNSTRUMENT Fame 3039 10102 ,I�y' tfv VU# M09TOA0r r0;W5 • (800371.7291 t OK 1802PG5024 i organized and existing under the laws of the United States Lender's address is 12855 N. Outer 40 Drive, Saint.Louis, MO 63141 Lender is the mortgagee under this Security Instrument.. (D) "Note" means the promissory note signed by Borrower and dated March 26, 2003 The Note states that Borrower owes Lender Thirty IIme Thousand Dollars i (U.S. $39,000.00 ) plus Inlrltsl. Borrower has promised to pay this debt In regular Periodic Payments and to pay thcdebt in full not later than 04/01/2033 (E) "Property" means the property that Is described below under the heading "Transfer of Rights in the Property." (P) "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. (0) "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): 0 Adjustable Rate Rider Condominium Rider Second Home Rider P Balloon Rider El Planned Unit Development Rider LJ 1.4 Family Rider VA Rider 0 Biweekly Payment Rider 0 Other(s) (specify] Other(s): t (FI) "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 judkial opinions. (1) "Community Association Dues, Pees, 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 orgardration. (1) "Electronic Funds Transfer" means any transfer or funds, other than a transaction originated by check, draft, or similar paper Instrument, which is Initialed through an electronic terminal, telephonic Instrument, computer. or magnetic tape so as to order, Instruct, or authorize a financial Institution to debt( or credit an account. Such term Includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initialed by telephone, wire 'transfers, and automated clearinghouse transfcrt. (K) 'Escrow I tems" means those items that are described In Section 3. (L) "Miscellaneous Proceeds' means any compensation, settlement, award of damages, or proceeds paid by any third party (other than Insurance proceeds paid under Ilse coverages described in Section S) for. (1) damage to, or destruction or, the Property, (10 condemnation or other taking of all or any part of the Proper(y: (ill) conveyance In lieu of condemnation: or (Iv) mistblimentaflons or, or omissions as to, the value and /or condition of the Property. (M foKip & Insurance" means Insurance protecting loader against the nonpayment of, or default on, i the an. " ' (N) "Periodic Payment" means the regularly scheduled amount due for (1) principal and Interest under the Note, lus I any amounts under Section 3 of this Security Instrument. Tf�M (I� •B(i A) Mw.) an te pro ° ia' r Ot ter Pone 3094 10102 BK 1802PG5025 (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 350D), 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 It the Loan does not qualify as a "federally related mortgage loan' under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken tide to the Property.' whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS 14 THE PROPERTY This Security Instrument secures to Lender: (1) 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 Nola. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located In the County (Type of Retordtog Judrdia)onl of Cumberland [Kane of Recording Jnrivllctioal: ALL THAT PARCEL OF LAND IN TOWNSHIP OF NORTH MIDULETON, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 248, PAGE 95, IDS 29-05 -0425.086, BEING KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY; DEED FROM TRJSHA E. MILLER AND ROGENE A. KEPNER AS SET FORTH IN DEED BOOK 248, PAGE 95, DATED 08/16/2001 AND RECORDED 08/2112001, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. which curr�noy has the address of .10 Gordnn Dr Carlisle ISrmq I4fryl,Pennrylvania 17013 -8602 17JpCode) ( "Property Address "): TOGETHER WITIJ all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in d'ds Security Instrument as the "Property." low cv(-) Mow) r. 3 16 form 3039 10102 8K 1802PG5026 f i ' BORROWER COVENANTS that Borrower is lawfully seised of the estate heieby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered, excepi for { encumbrances of record. Borrower warrants and will defend generally The tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real Property. UNIFORM COVE =NANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, lntcresi, EF.row 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. Burrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security instrument shalt 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 drown upon an institution whose deposits are insured by a federal agency, instrumentality, or entuy; or (d) Electronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at suds other location as may be designated by Lender in accordance with the notice provisions in Secdnn 15. Lender may return any payment or partial payment It 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 an unapplled funds. Lender may hold such uaapplied 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, It not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower night have now or in the future against Lender shall relieve Borrower from making payments due under die Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2 Application of 1 er Proceeds. Except as O nYSsa described In this Section :2, all payments accepted and applied by Lendecshall 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 to the order in which It became due. Any remaining amounts shall be applied lust 10 : 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 mote 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 extern that, each payment can be t .yon 1wt- � i r'w' r a 16 Form 3030 10102 DK 1802PG5027r I paid In full. To the extent that any excess exists after the payment is applied to the full payment or one of more Periodic Payments, such excess may be applied to any late charges due. Voiunlary prepayments shall be applied first to any prepayment charges and then as described In the Note. Any application or payments. Insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not emend 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 Paymens 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) lazes and assessments and other Items which can attain priority over this Security Instrument as a lien or encurtbrance 'on the Property; (b) leas sold payments at 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 "Endow Items." At origination or at any time during the term of the Loan, Lender may require that Community Aadbciation Does; Fein; 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 nddces 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 In writing. in the event of such waiver, Borruwersball 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, shalt furnish to Lender receipts evidencing such payment within such time perhsd as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for 411 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 falls 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 such amounts, that are then required under (his Section 3. Lender may, at any time, collect and hold Funds in an amounl (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the - maximum amount a tender can require under RFSPA. (.ender shall estimate the amount of Funds due:on the basis of current data and reasonable. ,timates of apendllnre: of fWnre E.urow Reins cur atherx {se in accordance with AppBwble 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 (he Escrow Ileins oo 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 go 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 10 pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writinp,, however, that interest - 0(PA)moes) waes «t4 "an'' — � r /q r✓t_ Form 3036 10102 BK 180.2:PG5028 t shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there Is a surplus of Funds held In escrow, as dented 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 RFSPA, and Barmwer 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 Cron 12 monthly payments. Upon payment in full of all suns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security instrument, leasehold payments or ground rents on the Property. if any, and Community Association Dues, Fees, and Assessments, If any. To the extent that these Items are Escrow Items, Borrower shall pay them in the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien In a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien In good faith by, or defends against enforcement or the lien In, legal proceedings which In lender's opinion operate to prevent the enforcement of the ben 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 llen 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 exlsdng 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 Loon. The Insurance cinrler 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, ceni0cation and trucking 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 l payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone deierminaton resulting from an objection by Borrower. YA ` +15 roan 3030 10102 OK 1802PG5029 i If Borrower falls to maintain any of die 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 cast or 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 j at the Note rate from the date or disbursement and shall be psyahIci with such interest, uF-5n notice from Lender to Borrower requesting payment. AB insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold die 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 i shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing• any insurance proceeds, whether or not the underlying Insurance was required by Lender• shall be applied to restoration or repalr of the Property. If the restoralon 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 he 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 j 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 Bor order does not respond within 30 days to a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may negotlate and settle the claim. Tine 30 -day period will begin when the notice is given. In either event. or It 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 arnounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under 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 [hen due. -0(PA) moel Ara. r �e,a �.�� Form Jo30 10102 BK 1 802PC8030 i 1 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execudon or this Security Instrument and shall continue to occupy the Property as Borrower's principal residence tot 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 an the Property. Whether or not Borrower is residing in the Properly, Borrower shall maintain the Property in { order to prevent the Property from deteriorating or decreasing in value Cue to its condition. Unless it Is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repalr the Property it 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 We 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. 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 or 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 Cite 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 representations include, but are not limited to, representations concerning Borrower's occupancy of the Properly as Borrower's prindpsl residence. 9. Protection of Lender's interest in the Property and Rights Under this Security Instrument. If (a) Borrower falls 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 prote,:t Lender's Interest In the Pmperly and rights under this Security Instrument, Including protecting aniVor assessing the value of the Propartq, and securing and/or repairing the Property. Lender's actions can Include, but are not limited to: (a) paying any surns secured by a lien which has priority over this Security Instrument; (b) appearing to court; and (c) paying reasonable attorneys' fees to protect its interest In the Property and/or rights under this Security InsWment, including Its secured position In a bankruptcy proceeding. Securing The Properly Includes, but is not limited to, entering the Property to make repairs, change lacks, 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 nor under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all a ons autho ed under (tits Section 9. — If, (A ro-tw, ?f4m m �trin) Ta »Of a ye a or rE term 3030 1=2 6K 1802PG503 I Aery amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by tilts 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 tide shill not merge unless Lender agrees to the merger in writing. 10, Mortgage Insurance. If Lender required Mortgage Imuranct as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. fr. for any reason, the Mortgage Insurance coverage required by Lender ceases w b•: available from the mortgage Insurer that previously provided such insurance and BorrwAvr.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 to effect, at a cost substanually equivalent to the cost. to Borrower of the Mortgage Insurance prcvlously In effect, from an alternate mortgage_ Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage 4 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 Ueu of Mortgage insurance, Such loss reserve shall be i 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 camings on sash loss rtserve. Lender can no longer require loss rescrye Qaymenu if Mortgage Insurance wverage (in the amount and for [he period that Lendcr regtilres) provide Dyy an insurer selected by Lender again becomes available, !s obtalntd, and Lender requires separately dcslgnatcd payments lorvard Use premiums for Mortgage lnsurancc. iCLcnder rcquJrcof Mortgage insurance as a rnnAltton of making the Lnan and Borrower was required to make separately designated payments toward the premiums far Montgagc Imurancc, Borrower shall pay the preriums r I ed to rcalnlatn A1oAgage Insurance In effect, or to provide a nonrefundable loss reserve, anal Lender's requirement for Mortgage Insurance ends In accordance with any wrlllen agreement between Borrower and Lender providing for such tenninatJon or until termination Is requfrnl Dy Applioble Law. Nothing in Otis Section 10 affects Borrower's obtigailon to pay interest 31 the rate provided In the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losits it may Incur !f Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such Insurance in force from ume to time, and may enter Into agreements with other parUes that share of modify theft risk, or reduce losses, These agreements are on leans and conditions that are satisfactory to die mortgage Insurer and the other party (or parties) to (hest 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). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any.other entity, or any afRitale of any of the forepoing, 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 afTdlale of tender takes a sham of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement is often termed %apilvc reinsurance.' Further. (a) Any such agreements will not effxt the amounts that Borrower has agreed to pay fm Mortgage Insurance, or say 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. Rrm3030 torox BK a 802PG5032 1 I (b) Any such agreements will not affect the rights Borrower has - it any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other low. These rights ! may include the right to roceivc 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 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 r6fonttion or repair of the Properly, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and rastora(lon period, Lender shall have'the right to hold such Miscellaneous Proceeds until Lender has had an o pportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, prow ?ded that such Inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or in a scrles of progress payments as the work is completed: Unless nn agreement is made in writing or Applicable l aw 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 stall 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 valued 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 suns 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 seared by this Security Instrument shall be reduced by the amount of the Miscellaneous Procetds multiplied by the following fraction: (a) the. total amount of the sums secured immediately before'dta ppartial taking, desWalon, or loss in valu'e'divided by (b) the fair market value bribe Property immediately lieforo the partial taking, destruction, or loss In value. Any balance shall be paid to :Borrower. In. (be eve of a partial taklag, 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 tht sums secured Immediately before the partial, laWng, destruction, or loss in value, unless Borrower and Lender otherwise agree In. writing, the Miscellaneous Proceeds shall be applied to the sums seared by this Secur.ityy Instrument whether or not the sums are then due. If the Property Is abandoned by Borrower, at if, after notice by Lender to Borrower that the Opposing Party (as defined In the n xi sentence) offers To make an award to settle a claim for damages, Borrower falls to respond to Lender within 10 days after the dale 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 are such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be ' � -0(i?A) tcoo+r a" to., 19 Fom1 3030 10 102 OK 1802PG5033 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 prtceeds of any award or calm for damages that are attributable to the Impairment of Leader's Interest !n the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Pmceeds:tltal 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. Evension of the time for payment or modification or amortixationof the sorris secured by Oils Security Instrument granted by Lender to Borrower or any Successor in Interest or Borrowershall no; operate to release the liability of Borrower or any Successors In Interest of Borrower. Lender shall not be required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify i 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 limhaton, 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- sigitrs; 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- signor'): (a) is co-signing this Security Instrument only to mortga grant and convey the co- signer's Interest in the Property under die terms of this Security Instrument; lb) is not personally obligated to pay the sums secured by this Security Instrument: and (c) agrees dual 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 die provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obll¢atioas 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 prohlbition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the busiest or other loan charges colle led nr to be coiecled in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by die arnount necessary to reduce the charge to the permitted Bmlt: and (b) any sums already collected from Borrower which exceeded permitted lirnits will be refunded to Borrower. Lender may choose' lo. 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 or any such refund made by often payment to Borrower will constitute of such overch e. a waiver of any right of action Borrower might have arising out arg 15. Notiw. All nod= given by Borrower or Lender to connection with this Security Instrument must be In writing. Any notice to Borrower in connection with tills Security Instrument shall be deemed to 'H(PA) i000ah. rpe rr er ra Forte 3030 10102 �K i 802FG5034' I 1 I have been given to Borrower when moiled by first class mail or when actually delivered to Borrower's notice address if sent by other means. Nolice 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 (ids 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 /.ender .has. designated another address, by notice to Borrower. Any notice to connection with this Security Instrtuncnt shall not be deemed to :uve been given to Lender until actually received by i.ender. if any notice required by'his Security Instrument Is also required under AppHoule Law, the'Applicable Law requitement will satisfy the corresponding requirement under this Security Instrument. 16. Goycrnmg Law; Sevcrability; Rules of Construction. This Security Instrument shall be. govemea by federal law and the law of the jurisdiction In witch the Property is located. AB rights and obliggations contained In this Security instsvmenl arc suhJtd to soy requirements and ilmitations of Applicable Law. Applicable Law ialght explicitly or Implicitly allow the parties Ica agree by contract or It might be silent• but such silence shall not bee construed as a prohihitl6n against agreement by contra I. In she evenI that any provision or clause of fhls Security insI mem or the Note convicts with Appllrzbie La w, such eonnia shall not affect other pro visions of This Security Irhshvmenl or the Note which ran be j given effect without the conflicting provision. As used In this Security instrument: (a) words of the masculine gender shall mean and include coriespomlingg neuter words or words -of the feminine.gender (b) words In die singular shall mean and I include thrplaral and vlce'verm; 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 orthis Security Instrument. 18. Transfer of the Property or u Beneficial interest in Borrower. A.c used In this Seaton 18. "Interest in (lie Property" means any legal or b Interest in the Property. Including,'but not limited io, those beneficial Interests transferred In a'bond for deed, contract for deed. IftsWimcnt sales contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future date to a purchaser. It all or any part of the Property or any interest In the Property is sold or transferred (or if Harrower Is not natural person and a beneficial Interest In Borrower Is sold or transferred) without Lender's prior written consent, Lender may require immediate payment to full of all suns secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise is prohibited by Appbcable law. If lender exercises this option, Lender shill give Borrower naBce of acceieration. lb t noBce shall provide a period of not less than 30 day's from the date the notice Is given in accordance'with Section IS within which Borrower must pay a'� sums seer red by this Security 1xirument. it Borrower fails to pay I these sums prior to the expiration of Ids period, Lender may involip. coy remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate Ana Acceleration. if Borrower meets certain conditions, Borrower shall have the right io have enforcement of this Security Instrument discontinued at any time Prior to -the earnest of: (a) five days before sale of the Property p ursuant to any Power of sale contained in this Security Instrument: Its) suds 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. 7lhose 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 \7Y/.ji(• A) 1000[x) bhMq fa M . m py. rr a m Form 3039 10/02 BK 1802PG5035 ' Foam 3039 1101 I i { agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspeetlon and valuation fees, and other fees Incurred for the I purpose of prolecting Lender's interest in the Property and rights under this Security Instrument, and (d) j takes such action as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security yl IMAIM. add Borrower's obligation to pay the sums secured by this Security instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check. Ireasurer's check or cashier's cheep, provided any Such check Is drawn upon an institution whose deposits are insnrcti by a federal agency, lnstrumentaUty or entity; o (d) Electronic Funds TraraCer. Upon telnstatement by Borrower, This Sceurfty Instrument and obligations secured hereby shat{ temaSn Cully etfecUve as if no ecceleratlan had occurred. liowcver, thlg right to reinstate shall :not apply in the terse nfacederaUon under Section 18, 20. Sale of Notc; Chonge of Loco Servicer; Notice of Grievance. The Nole or a parlWI Interest in the Note (logethtt with this Security Instrument) an be sold one or mote limes, without pr.or notice to Borrower. A sate might result In a change !n the entity (known as the °Loan Servicer ") that collects f criodlc Payments'duc under the Note and this Sectuiry llultument and performs other mnrtpge loan servicing obtlgaUons under the Note, Uds Security Instrument, and Applicable Law. There also might be one or more changes of the loan Servlcer unrelated to a sale of 11te Note. If there is a change of the an Scrvlcer, Borrower will be given written notice of the change which will stale the name and address of the new Loan Servicer, the address to which payments should be made and any otter infonnallon RESPA requires In connection with a notice of transfer of servicing. It the Note is sold and thereafter the Loan is serviced by a Loan Servker 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 Servlcer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. I Neither Borrower nor L:cnder may commence, join, or be jolned to any judicial acdon (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 amified the other party (with svch notice given In compliance with the requirements of Section 15) or such alleged breach and afforded The other parry. hereto a reasonable period aficr 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. Utat time period will be deemed to be'teasonabie,ror 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) "Hawdous Substances" are those substances oeflned as toxic or hazardous substances, pollutants, or wastes by Environmental Law and The following substances; gasoline, kemsene, other flamnuable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) '6vir6rucental La means federal laws and Inns of the ju rlsdictlon where the Proppcct y Is located that relate to health, safety or environmental protection; W. "Environmental Cleanup" 7ndudes any response aetlon, remedial action, or removal action, as defined In Environmental Law; and (d) an 'Environmental Condition' means a condition that can cause, conTribute - lo, or otherwise trigger an Environmental Cleanup, �e btutle ,r taxar 0. ,rate Form 3039 10102 BK 1802PG5036 1 , i Borrower shall not cause or permit the presence, use. disposal, storage, or release of any Hazardous Substances, or threaten Io release any Hazardous Substances, on or In the Property. Borrower stwtl 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 (d which. due to the presence, use. or release of a Hazardous Substance, creates a condlilon that adversely affects the value of the Property. The preceding two sentences shall not apply to the ppresence, use, or storage on the Property of small quantfllrs o f Hazardous Substances Ilia( are generally recognized to be appropriate to normal residential uses and to t maintenance of the Property (Including. but not, limited to, hazardous substances in consuiner products). l Borrower shall promptly give Lender written notice of (a) any Investigation, claim, drnrand, lawsuit or other action by any guveromental or regulbicry agency or griv(dc party involving •the Property and any liaranlous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, anyy spilling, leaking, discharge, release or threat of I release of any Hazardous Substance,'and (c) any condition caused by the presence, use or release of a H=rdous Substance which adversely afTects 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 rerthediallon of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental taw. Nothing herein shag create any obligallan on Lender for an Environmental Cleanup. NON- UNIFORM COVENANTS. Borrower and !.ender further covenant and agree as follows: 22. Aceelaation' Remedies. Lender shall give notice to Barrower prior to'aeeeleration 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). Leader shall notify Borrower of tunong other things: (a) the dcfaulr (b) the action required to cure the default, (c) when the default most be cured; and (d) that failure to cure lh'e default as specified may result in oecr:lerotion of :the sums secured by this Security lnstrumtnt, foreclosure by judicial proceeding and sale of the Property. Lender. shall further inf6t rn Borrower of the right to reinstate after acceleration and the right to tuscrt in the foreclosure prucceding' the non - existence of a default or any other defense of Borrower to acceleration and, foreclosure: If the default is not cured as specified, Lender at its option may requuedromediate pay medrio, fall of all :urns secured by this Security Instrument without further demand and may foreclose this Security instrument by judicial proceeding. Lender shall be entitled to coll&t all'exp6nsas incurred in pursuing the remtdics Provided is this Section 22, includidg,•but not limited to, attorneys' fees and 'costs of title evidrnce'to the orient permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this'Storfty Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge ! Borrower a fee for releasing this Security Instrument, but only iE the fee Is paid to a third party for savices } rendered and the charging of the fee is permlutt! under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable law, waives and releases any error or 1 defects In proceedings to enforce acts Security Instrument, and hereby waives the bencllt of any present or future laws providing for stay of ex:cuuon, exichulon lime, exemption from attachment, levy and sale, and homestead exemption. 2s, Reinstatement Period. Borrower'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 or the debt secured by this Security Instrument Is lent to Borrower to acquire Ude to the Property, this Security Instrument shall be a purchase money mortggage. 27. interest Rate After Judgment. Borrower agrees that the interest rate payable after a ud P—1 is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from �me to time under the Note. h �xwti� HTNe11t foem ooao tarot EX 1802PG5037 q q I BY SICNhNC 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: ( NA (SeA ) fR S 7W l ncwc. %Zap( rQ w1 U_ (Seal) ' Roger A. Miller Borrnwer t � (PA) aaom °i rim16 Pone 3039 10102 UK 1802PC5038 I Certify this to be recorded In Cumberland County PA Recorder o.f Deeds i s Certificate of Residence i 1, . do hereby certify that I the correct address of the within-named Mortgagee is ; Witness my hand this day of i Ageof of Mong,ga I COMMONWEALTH OF PENNSYLVANIA, County ss: �Ughd&n d, On this, the A IO i-h day of M Q 1'Ch) a'�U � � before me, the undersigned officer, personally appeared 7 Miller 0-Ad- .Rover A, M,Jier known to me (or satisfactorily proven) to be the person(s) whose name(s) Ware subscribed to the within Instrument and � acknowledged that Wshelihey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Exphrs: CR1't1fNAf88� ��0t1UPNtl1 W N�ri S. l ' ndre omrrr _ �-e— 2) -e(PA) roam +F -Am _ m .' Form 3038 10102 BK 1802PG5039 EXHIBIT "B" ' Return 'I *o: CT LIEN SOLUTIONS PO BOX 29071 0 2XE1 GLENDALE, CA 91209 -9071 Phone #: 800 - 331 -3282 Prepared By: CITIMORTGAGE, INC ALEXANDRA BARCZEWSKI 1000 TECHNOLOGY DRIVE, MS 321 O'FALLON, MO 63368 -2240 Parcel No: 29 -05- 0425 -086 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Current Beneficiary: Citibank, N.A. as successor in interest by merger to Citibank, F.S.B., whose address is 1000 Technology Drive, MS 321, O'Fallon, MO, 63368, hereinafter Assignor the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by CitiMortgage, Inc., 1000 Technology Drive, O'Fallon, MO, 63368, Assignee at the time of execution hereof, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Trisha E. Miller to Original Beneficiary: Citibank, F.S.B., bearing the date 03/26/2003, in the amount of $39,000.00, said Mortgage being recorded on 03/31/2003 in the County of Cumberland County, Commonwealth of Pennsylvania, in Book: 1802 Page: 5024. Being Known as Premises: 40 Gordon Dr, Carlisle, PA, 17013 Township: North Middleton Description/Additional information: ALL THAT PARCEL OF LAND IN TOWNSHIP OF NORTH MIDDLETON, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 248, PAGE 95, ID# 29- 05-0425 -086, BEING KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY. DEED FROM TRISHA E. MILLER AND ROGENE A. KEPNER AS SET FORTH IN DEED BOOK 248, PAGE 95, DATED 08/16/2001 AND RECORDED 08/21/2001, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her /their heirs and assigns therein. Page # 1 37356121 24449 PA570 Cumberland County External IN WITNESS WHEREOF, the said Assignor has caused these presents to be duly executed by its proper officers This J i (yJ Citibank, N.A. as successor in interest by merger to Citibank, F.S.B. By: �4 &t' - Kimberly Eberh dt Vice President Delivered in the Presence of us; Attest: Terry Gunn STATE OF MISSOURI, ST. CHARLES COUNTY On ,s, — '�- 3 before me, the undersigned, a notary public in and for said state, personally appeared Kimberly Eberhardt, Vice President of Citibank, N.A. as successor in Interest by merger to Citibank, F.S.B. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. LAURA M. JONES Notary Pt o f Seal Stdo Commissb lell tor StchaftCoumy MyComMIsWpi15 m: Marsh 19, 2016 No ry Public Laura M. ones Commisslon Number. 12316868 The precise address within named Assignee is: Commission Expires: 03/19/2016 1000 Technology Drive, O'Fallon, MO, 63368 By: Page # 2 37366121 24'449 PA570 Cumberland County External BETWEEN: ASSIGNMENT OF MORTGAGE Current Beneficiary: Citibank, N.A. as successor in interest by merger to Citibank, F.S.B. AND CitiMortgage, Inc. MAIL TO: Current Beneficiary: Citibank, N.A. as successor in interest by merger to Citibank, F.S.B. 1000 Technology Drive, MS 321, O'Fallon, MO, 63368 Page # 3 37366121 24449 PA570 Cumberland County Extemal . z ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 ' "~~ 717 - 240 -6370" I Instrument Number - 201309724 Recorded On 3/27/2013 At 10:45:54 AM * Total Pages - 4 * Instrument Type - ASSIGNMENT OF MORTGAGE I Invoice Number - 132607 User ID - KW * Mortgagor - MILLER, TRISHA E * Mortgagee - CITIMORTGAGE INC * Customer - CT LEIN SOLUTIONS * FEES STATE WRIT TAB $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $11.50 RECORDER OF DEEDS This a e is now art PARCEL CERTIFICATION $10.00 P g P FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA RECORDER OF DDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002mi IIIIINIIiI�lNlllll�lllli EXHIBIT "C" I NOTE _. March 26, 2003 Coraopolis Pennsylvania Date] [city) ]State] 40 Gordon I?r, Carlisle, PA 17013 -8602 = lProperty Address] _ 1. BORROWER'S PROMISE TO PAY = In return for a loan that I have received, I promise to pay U.S. $39,000.00 (this amount is called "Principal "), plus =_ interest, to the order of the Lender. The Lender is Citibank, F.S.B.. I will make all payments under this Note in the form of cash, check or money order. _ I understand that Lender may transfer this Note. 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 6.250%. _ The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section -_ 6(B) of this Note. -- 3. PAYMENTS (A) Time and Place of Payments - I will pay Principal and interest by making a payment every month. I will make my monthly payment on the First day of each month beginning on May 1, 2003. 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 April 1, 2033, 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 15851 Clayton Road, Ballwin, MO 63011 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. $240,13. 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 any Prepayment charge. The Note Holder will == use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or —_ other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; 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. MULTISTATE FIXED RATE NOTE- Single Family - Fannie Mae/Freddie Mao UNIFORM INSTRUMENT C3200 - 10/25/2000 Page 7 of 3 Forth 3200 1/01 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A} Late Charges 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 me a written notice telling me that if I do not pay the overdue amount by = Za- 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 rnailed 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 -- If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by 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 we 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. 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: 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. MULTISTATE FIXED RATE NOTE - Single Family - Fannie MaeiFreddie Mac UNIFORM INSTRUMENT 03200 - 10/25/2000 Page 2 of 3 Form 3200 `1101 A -tA- WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. I/� K' (Sea]) -Borrower (Seal) Roga A. M1119 -Borrower (Sign Original Only) - Pay j t he order of Wiihnl ecourse 00 lIS Citibank : — : --, Vlce ; Si nt �E jfibank, TSB Attorney- in-fad f(' MULTISTATE FIXED RATE NOTE- Single Family - Famfe Mae/Freddie Mae UNIFORM INSTRUMENT 03200 - 1012512000 Page 3 of 3 Form 3200 1101 LASER PRO. Reg. U.S. Pat..& T-Ah:Off.# CITI 2.1.0.42 0212612003 (c) 2003 Concentrex Incorporated, All Rights Reserved. EXHIBIT "D" CitiMortgage, Inc PRESORT PO Box 9090 First Class Mail Temecula, CA 92589 -9090 U.S. Passage and Fees Paid W SO 7196 9006 9296 6070 0605 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 - 9196 2D130319 -168 ROGER A MILLER 40 GORDON DR Send Correspondence to: CARLISLE, PA 17013 -8602 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6070 0605 ROGER A MILLER 40 GORDON DR CARLISLE, PA 17013 -8602 RE: Property Address: 40 GORDON DR CARLISLE, PA 17013 -8602 CitiMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEAMP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the 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, t CITIPAACT91 Page 2 of 8 7196 9006 9296 6070 0605 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): ROGER A MILLER lids K MILLER PROPERTY ADDRESS: 40 GORDON DR CARLISLE, PA 17013 -8602 LOAN ACCT. NO.: ORIGINAL LENDER: CITIBANK F.S.B. CURRENT LENDER/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE 0 °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 HOMY 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 6070 0605 Page 3 of 8 • f (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA 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 MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT 'TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be. disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure 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 7196 9006 9296 6070 0605 .Page . 4 of 8 a } NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BAN"VPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 40 GORDON DR CARLISLE, PA 17013 -8602 IS SERIOUSLYIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/12 through 12/01/12 3 @ $358,70 /month 3 @ $12.00/late charge /month $1112.10 01/01/13 through 03/01/13 3 @ $362.66 /month 3 @ $12.00 /late charge /month $1123.98 Previous Late Charge(s): $36.00 Delinquency Expense(s): $94.50 Unapplied Funds: ($0.00) TOTAL AMOUNT PAST DUE: $2,366.58 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 $2,366.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY (30) DAYPER10D. 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 leader 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 THIR TY (30) DA YS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYperiod, 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 Page 5 of 8 7196 9006 9296 6070 0605 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HONE 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 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 OF MORTGAGE - 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. L CI CITIPAACT91 7196 9006 9296 6070 0605 Page 6 of 8 YOU MAY ALSO HA YE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERYING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST hi accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 7196 9006 9296 6070 0605 Page 7 of 8 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 02/19/2013 04:29 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 15.14 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 , 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717 - 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 711- 264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -1518 717- 780 -3940 800 -342 -2397 HC Page 8of8 7196 9006 9296 6070 0605 � t CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 7196 9006 9296 6070 0643 Send Payments to: CitiMotgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130319 -168 ��I II' II '��II TRISHA E MILLER 40 GORDON DR Send Correspondence to: CARLISLE, PA 17013 -8602 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 k CITIPAACT91 ♦ t a Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6070 0643 TRISHA E MILLER 40 GORDON DR CARLISLE, PA 17013 -8602 RE: Property Address: 40 GORDON DR CARLISLE, PA 17013 -8602 CitiMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consupter 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 9296 6070 0643 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): TRISHA �E MILLER "RO�iElt'i MILLER PROPERTY ADDRESS: 40 GORDON DR CARLISLE, PA 17013 -8602 LOAN ACCT. NO.: ORIGINAL LENDER: CITMANK F.S.B. CURRENT LENDER/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to -face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 6070 0643 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 -tv 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 forfinancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA 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 MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLF "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure 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 7196 9006 9296 6070 0643 Page 4 of 8 ♦ c i a NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFA ULT - The MORTGAGE debt held by the above lender on your property located at: 40 GORDON DR CARLISLE, PA 17013 -8602 IS SERIOVSLYIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nowpast due: 10/01/12 through 12/01/12 3 @ $358.70 /month 3 @ $12.00 /late charge /month $1112.10 01/01/13 through 03/01/13 3 @ $362.66 /month 3 @ $12.00 /late charge /month $1123.98 Previous Late Charge(s): $36.00 Delinquency Expense(s): $94.50 Unapplied Funds: ${ 0.00) TOTAL AMOUNT PAST DUE: $2,366.58 HOW TO CURE THE DEFA UL - 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 $2,366.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY (30) DAYPERIOD. 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 instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within 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 6070 0643 Page 5of8 • C i 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 zip to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you lead never defaulted. EARLIEST POSSMLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Cit.iMortgage, 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 SHERIFFS 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 OF MORTGAGE - 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 6070 0643 Page 6of8 YOUMAYALSO 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 THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER- • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES 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(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 7196 9006 9296 6070 0643 Page 7 of 8 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 02/19/2013 04:29 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Deny Street Harrisburg, PA 17102 Harrisburg, PA 17104 888- 511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 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 Conununity Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717 - 780 -3940 800 -342 -2397 HC Page 8of8 7196 9006 9296 6070 0643 Y'� h VERIFICATION Jason McIntyre hereby states that he /she is employed as 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. N e: Jason MeIntyke Title: Vice President - Document Control DATE: 6 _ FILE #: 13 -0527 NAME: MILLER, TRISHA E. & ROGER A. POWERS, KIRN & JAVARDIAN, LLC s Gregory Javardian, Esquire Id No. 55669 i II E0 0 F' fit Mary F. Kennedy, Esquire Id No. 77149 (jr i j t I +OTI iA ;Y Meghan K. Boyle, Esquire Id No. 201661 ,,,, s „ c. Sean P. Mays, Esquire Id No. 307518' ' '' "' '� Richard J. Nalbandian, III, Esquire Id No. 312653 CUMBEERU COUN 1310 Industrial Boulevard, Suite 101 P {;� Y Ll�Fe ; ! A 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 l VS. NO.. I S -3U — 0 TRISHA E. MILLER COMPLAINT IN ROGER A. MILLER MORTGAGE FORECLOSURE 40 GORDON DRIVE 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. 0 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 ❑ ghan K. Boyle, Esquire Id. No. 201661 ❑ can P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No.312653 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion r Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile # 1: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ MONTHLY INCOME " Name of Employers 1. 2. 3. Additional Income Description (not wages): 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 1 /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date T ) 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 2 °d Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -9690 (fax) 215- 942 -9695 Attention: Jennifer McGarrity (tel) 215- 942 -2090 ext. 1326 iennifer.mcgarrity@pkjllc.com ��U��»� o��U�� CUMBERLAND ��d�UU�� SHERIFF'S�� ~° " ""�~� �"" ~�~�"°"��~�"~�^��"�� COUNTY Ronny RAnderson F![EO- Sheriff ��o OF -W� P�OT��O~- RY m**�, ' ..� . .'. JodyS Smith �- ~w Chief Deputy 2813 JUL I Y AM 10: 29 Richard VVStewart �U��A COUNTY Solicitor o�semp=eSwemp= CUMBERLAND ---' � � PENNSl/yVANIACitimortgage |nc. Case Number vs. Trisha E Miller(et oi) | 2013'3878 SHERIFF'S RETURN OF SERVICE 0705/2013 0715PM' Deputy Valerie Weary, being duly sworn according tu law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing n true copy huo person representing themselves hobe Roger Miller, Spouse,who pt d as"Adult Person in Charge"for Trisha E Miller cd4O Gordon Drive, North Middleton, //j,- 7 VALERIE WEARY,4)EPUTY 0705/2013 07:15 PM -Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of ' Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by ^porunno||y''handing a true copy to a person representing themselves to be the Defendant, to wit: Roger /\Miller ot4O Gordon Drive, North N1idd|etun, Cor|io|u. PA 17013 - VALERIE WEARY,,bEPUTY SHERIFF COST: $5078 SO ANSWERS, 4� July OO. 2O13 RDNWR ANDERSON, SHERIFF wCountySm Sheriff,Teleosoft.Inc.