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HomeMy WebLinkAbout13-4357 Supreme COU' :' ennsylvania COut f Comoro leas For Prothonotary Use Only: i / CIVl C �e' eet rf ; Docket No: CU BERLAND County The information collected on this form is used solely for court administration purposes. This form floes not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S [E Complaint M Writ of Summons '--� Petition Transfer from Another Jurisdiction _ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T CITIFINANCIAL SERVICES, INC. RICKEY A. STITT & KANDY K. STITT Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes El No (check one) Doutside arbitration limits O N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? 0 Yes fx 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) Liti; ant) 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 M Intentional Buyer Plaintiff Administrative Agencies E l Malicious Prosecution Debt Collection: Credit Card Q Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections E] Nuisance E] Dept. of Transportation 0 Premises Liability El Statutory Appeal: Other S 0 Product Liability (does not include El Employment Dispute: E mass tort) rl Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other ©Zoning Board T 0 Other: I rl Other: O MASS TORT Q Asbestos N Tobacco Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste � 13 Ejectment E] Common Law /Statutory Arbitration B Other: Q Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus El Landlord/Tenant Dispute ' Non - Domestic Relations Lxj Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY rl Mortgage Foreclosure: Commercial El Quo Warranto El Dental 0 Partition El Replevin El Legal Q Quiet Title Other: Medical Other: Q Other Professional: Updated 1/1/2011 ' POWERS, KIRK & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 z - Meghan K. Boyle, Esquire Id No. 201661 0r � � . �4 Sean P. Mays Esquire Id No. 307518 ' "' Y � q �v�.l � tf 2r .. Richard J. Nalbandian, I11, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 L A �. Southampton, PA 18966 ' � (215) 942 -2090 ATTO1 *OR PLAINTIFF CITIFINANCIAL SERVICES, INC. COURT OF COMMON PLEAS 1111 NORTHPOINT BUILDING 4 SUITE 100 CIVIL DIVISION COPPELL, TX 75019 CUMBERLAND COUNTY PLAINTIFF NO. v ss ,W VS. COMPLAINT IN RICKEY A. STITT MORTGAGE FORECLOSURE KANDY K. STITT 770 N. MIDDLETON ROAD CARLISLE, PA 17013 DEFENDANTS NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 � Eye 01 c � y _ 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 (3 0) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbandian, III, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942 -2090 ATTORNEYS FOR PLAINTIFF CITIFINANCIAL SERVICES, INC. COURT OF COMMON PLEAS 1 111 NORTHPOINT BUILDING 4 SUITE 100 CIVIL DIVISION COPPELL, TX 7501.9 CUMBERLAND COUNTY PLAINTIFF NO. VS. COMPLAINT IN RICKEY A. STITT MORTGAGE FORECLOSURE KANDY K. STITT 770 N. MIDDLETON ROAD CARLISLE, PA 17013 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. Citifinancial Services, Inc. (hereinafter referred to as "Plaintiff') is a Corporation with a principal place of business in Coppell, Texas. 2. Rickey A. Stitt and Kandy K. Stitt (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. The Mortgage, dated August 17, 2007, was recorded on August 21, 2007 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Instrument #200732675. A copy of the Mortgage is attached and made a part hereof as Exhibits `A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on August 17, 2007 in the original principal amount of $128,770.73, which is payable to Plaintiff in monthly installments with an interest rate of 12 %. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 770 N. Middleton Road, Carlisle, PA 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. Rickey A. Stitt is the Record Owner of the mortgaged property located at 770 N. Middleton Road, 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 $127,730.70 Interest to 07/19/2013 $28,127.68 Deferred Interest $2,608.63 TOTAL $158,467.01 plus interest from 07/20/2013 at $41.09 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 May 20, 2013. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendants, in the sum of $158,467.01, together with interest, costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. POWERS, KIRN & JAVARDIAN, LLC � BY: /�� []Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id. No. 201661 ❑ KSh Mays, Esquire Id. No. 307518 rd J. Nalbandian,111, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT "A" Prepared by: CITIFINANCIAL SERVICES, INC. 1 VALLEY STREET SUITE 103 CARL - ISLE PA 17013 (717} 249 -9566 Return to: CITIFINANCIAL SERVICES, INC. 1 VALLEY STREET SUITE 103 CARLISLE PA 17013 (717) 249 -9566 Parcel Number: MORTGAGE THIS MORTGAGE is made this 17th day of August 2007 between the Mortgagor, RICKE "Y A STITT , and the Mortgagee, CITIFINANCIAL SERVICES, INC. (herein "Borrower ") a corporation organized and existing under the laws of Pennsylvania whose address is 1 VALLEY STREET SUITE 103 CARLISLE PA 17013 (herein "Lender "). WH=EREAS, Borrower is indebted to Lender in the principal sum of U.S. $, 28, 770.73 which indebtedness is evidenced by Borrower's note dated 08/17/2007 and extensions d renewals thereof (herein "Note "), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on 09/01/2032 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note with interest thereon; the payment of all other sums, with the interest thereon, advanced in accordance herewitft to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower h,-rein contained, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of CUMBERLAND , State of Pennsylvania: ALL THAT CERTAIN PARCELS OF LAND IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED IN BOOK 237 PAGE 903 ID #29 -05 -0427- 85A, BEING KNOWN AND DESIGNATED AS LOT NO. 2, SUBDIVISION PLAsl OF ROBERT O DEIBLER, FILED IN BOOK 44, PAGE 42, AND MORE PARTICULARLY DESCRIBED AS A METES AND BOUNDS PROPERTY. PREPARED BY LARRY V NEIDLINGER, P.E.R.S. BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY DEED FROM LENA R STITT AKA LENA STITT WIDOWED TO RICKEY A STITT SI GLE, DA'Z'ED 01/16/2001 RECORDED ON 01/16/2001 IN BOOK 237, PAGE 903 IN CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PA. BEING premises which are more fully described in a deed dated the 16th day of JANUARY 2001 and recorded in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, in Record Book 237 , Volume , Page 903 PA 0042 -10 7/2006 original (Recorded) Copy (Sranch) Copy (Cus tcy, nor) Page l of 7 i 1 RKANRYKASHTTT 08/17/2007 TOGETHER with all the improvements now or hereafter erected on the properly, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds.for Taxes and Insurance. Subject to applicable law or a written uaiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payab a under the Note, until the Note is paid in full, a sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain pric rity over this Mortgage and ground rents on the Property, if any, plus one - twelfth of yearly premium installment for hazard insurance, plus one - twelfth of yearly premium installments for mortgage insurance, if any, all as reasoi ably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent hat Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an instituti nal lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state.agency (including Lender if Lender is uch an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law pernits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law quires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the F ds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits, to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as addit oval security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly inst illments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxcs, assessments, - insurance premiums and ground rents as they fall due. Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender, If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shalt apply, no later than immediately prior to. the sale of the Property oi its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. PA 0042 -10 7/2006 Original (Recorded) Copy (branch) Copy (cueto er) Page 2 of F R A STITT 08/17/2007 A�NllDY K STITT 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrowers all pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Pioperty which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing r hereafter erected on the Property insured against loss by fire, hazards included within the term "extended verage ", and such other hazards as ender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld, All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favot of and in a form cceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, s bject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender'soption either to restoration or repair of the Property or to the sums secured by this Mortgage. 6.:Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. if this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or goveriing the condominium or planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants d agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affec s Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such i ppearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary top tect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance; terminates in accordance with Borrower's and Lender's written agreement or pplicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest ther n, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries up n and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspections cifying reasonable cause therefor related to Lender's interest in the Property. I PA 0042 - 10 7/2006 Original (Recorded) Copy (Branch) Copy (custo#ncr) Page 3 of 7 I I I - i RICKEY A STITT 08/17/2007 KANDY' K STITT 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of he original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedin s against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in in crest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicabl law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-sig iers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. Al covenants and agreements of Borrower shall be joint and several. Any Borrower who co -signs this Mortgage, bul does not execute the Note, (a) is c(>- signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or u der this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without th t Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or y mailing such notice by certified mail addressed to Borrower at the Property address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given bl certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to ower as provided herein. 'Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 1 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs ", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Noe and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties ho supply labor, materials or services in connection with improvements made to the Property. PA 0042 -10 7/2006 Original (Recorded) Copy (Branch) Copy (Cueto or) Page 4 of 7 I I RKANDYYKASTI* 08/17/2007 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Tender if exercise is prohibi ted by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within ich Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expir tion of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agr as follows: 17. Acceleration; Remedies. Upon Borrower's breach of any covenant or greement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by Mortgage, Lender prior to acceleration shall give notice to Borrower as provided by applicable law specifvIng, among other things: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by Judicial proceeding, and sale of the Property. The rictice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in t le foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleratio i and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Len er's option, may declare all of the sums secured by this Mortgage to be immediately due and payable wit iout further demand and may foreclose this Mortgage by Judicial proceeding. Lender shall be entitled to 4 ollect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have the right to have any pros dings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff's sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender all ums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pa3 s all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower containec in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limit to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure tha the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secur by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage ard the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. i ,,PA 0042 -10 7/2006 Original(Recorded) Copy(BraAc.h) Copy(Custoer) Page 5of7 i I i Y A STITT KANDY 08/17/2007 DY K STITT Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collections of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shill discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Interest Rate After Judgment. Borrower agrees that the interest rate p yable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in tf e Note. 22. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, n r allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Praperty and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting; the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 22, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, material containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 22, "Environmen Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or nvironmental protection. (Intentionally left blank) t I i I i PA 0042-10 7/2006 Original(Recorded) Copy(Sranch) Copy(Custolner) Page 6of7 II 1 KANDfYKASTTTTT 09/17/2007 REQUEST FOR NOTICE OF DEFAULT — AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, with a ropy to P. O. Box 17170, Baltimore, MD 21203, of any default under i the superior encumbrance and of any sale or other foreclosure action, I IN WITNESS WHEREOF, Borrower has executed this Mortgage. I Witness- — Borrower Rickey A titt — Borrower I hereby certify that the precise address of the Lender (Mortgagee) is:� 1 V alley Street Ste 103 Carlisle, PA. 17013 � On behalf of the Lender. By: Kimberly Rodgers Title BAE COMMONWEALTH OF PENNSYLVANIA, Cumberland Count) ss: On this, the . 17th day of August 2007 before me, Ryan S. Whinperman the undersigned o ficer, personally appeared Rickey A Stitt known to me (or satisfactorily proven) to be the person whose name is _ subscribed to the within instrument and he executed the same for the purposes herein contained. i IN WITNESS WHEREOF, I hereunto set my hand and official seat. I My Corranission expires: Title of C fficer PA 0042 - 1 0 712006 Original (Recorded) Copy (Branch) Copy(Customer) Page 7 of 7 (Space Below This Line Reserved For Lender and Recorder Commonwealth of Pennsylvania � County of ss. i i Recorded on this day of in the Office for Recording Deeds of said County, in Mortgagee Book No. page COMMONWEALTH OF PENNSYLVANIA RECORDER Nola W SeW Ryon S.1Mttpp wnm, Notary PuMc 3oulh M Man Twp., Currrbarwrtd CM* � My Caretiralrxt fires Feb. i 0.2008 Member. Pennsylvania Association Of Notaries ROBERT P. ZIEGLER RECORDER OF DEEDS , CUMBERLAND COUNTY' r 1 COURTHOUSE SQUARE - CARLISLE, PA 17013 = '� 717 - 240 -6370 Instrument Number - 200732675 Recorded On 8/21/2007 At 10:02 :53 AM * Total Pages - 8 • Instrument Type - MORTGAGE Invoice Number - 2609 User ID - KW • Mortgagor - STITT, RICKEY A • Mortgagee - CITIFINANCIAL SERVICES INC • Customer - CITIFINANCIAL * FEES STATE WRIT TAX $0.50 Certi fication Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $17.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11 .50 This page s now part COUNTY ARCHIVES FEE $2.00 of this lega document. ROD ARCHIVES FEE $3.00 TOTAL PAID $44.50 i i i I I Certify this to be re orded in Cumberland Cou ty PA 0 0 RECORDER O D DS taao � - Information denoted by an asterisk m�y change during the verification process and may not reflected on this page. I I J 00023L i II�III�N�II��I��I��II�I� I EXHIBIT "B" Disclosur Statement, No tWnd Security Agreemen Borrower(s) (Name and mailing address) ender (Name, address, city and state) Account No. RICKEY A STITT CITIFINANCIAL SERVICES, KANDY K ST ITT INC. Date of Loan 770 N MIDDLETON RD 1 VALLEY STREET SUITE 103 CARLISLE Pit 17013 CARLISLE PA 17013 08/17/2007 ANNUAL PERCENTAGE RATE EFANCE CHARGE Amount Financed Total of Payments The cost of Borrower's credit as dollar amount the credit will The amount of credit provided to The amount Borrower will have a yearly rate. Borrower. Borrower or on Borrower's behalf paid after Borrower has made all payments as scheduled. 12.00 % 270,406.74 $ 124,970.12 $ 395,376.86 Payment Schedul - Security If checked, Borrower is giving a security Number of Amount of When Payments interest in: Payments Payments • Are Due 0 Real Property 1 $ 1,689. 54 10/01/2007 r-1 Mobile Home or Manufactured Home 299 $ :1, 316. 68 MONTHLY BEGINNING 11/01/2007 Late Charge: If a payment is more than 15 days late, $ Borrower will be charged a late charge of the greater of S 20.00 or 10. 0 % of the payment amount. $ Prepayment: If Borrower pays off early, Borrower: See the contract documents for any additional information about nonpayment, default, ❑ will not ❑X may have to pay a penalty, and any required repr.yment in full before the scheduled date, and prepayment refunds and will not be entitled to a refund of pan of the finance penalties. charge. + Does not include any insurance premium. Additional Information: TeW �ewN d n,., mwtb4 pyv,n+ IMlualn{ 4.un,Ke pnmlum,, It ��._ PRINCIPAL POIMS DATE CHARGES BEGIN '1,812.94 r 1 28,770. 7 3 ' 3,750.61 08/22/2007 Required Insurance Disclosure: If Borrower grant Lender a security interest as indicated in this document, insurance to protect the Lender's interest in the collateral may be required. If this loan is secured by real property, or mobile/manufactured home, then fire, extended coverage, collision and /or comprehensive casualty insurance is required naming Lender as loss payee, until the ban is fully paid. The amount of such insurance must be sufficient to satisfy the unpaid balance of the loan, or be equal to the value of the collateral, whichever is less. Such insurance may be provided through an existing policy or a policy obtained independently and purchased by Borrower. Borrower may obtain such insurance from any insurer that is reasonably acceptable to Lender. Optional insuran Disclosure: Borrower is not required to purchase optional Insurance products, such as: Credit Life, Credit Disability, Involuntary Unemployment Insurance or any other optional insurance products. Lender's decision to grant credit will not be affected by Borrower's decision to purchase or decline to purchase optional insurance. Coverage will not: be provided unless Borrower signs and agrees to pay the applicable monthly premium in addition to the monthly loan payment disclosed above. Borrower should refer to the terms contained in the applicable certificate or policy of insurance issued for the exact description of benefits, exclusions and premium rates. If Borrower purchases insurance, Borrower's monthly payment will include both the monthly loan payment disclosed above and the applicable monthly premiums. VWe request the following insurance: Premium Due with First Year's Insurance the First Month's Premium + Type: Born er's gignature Date Loan Payment � ^ $ 123.40 $1,480.80 JOINT CREDIT LIFE r i ( / I $ NONE $ Itcd' gorvAj er ign:i Date (+ First year's premiums are calculated on the assumption that monthly loan payments are timely de). Accrued but unpaid premium, if not paid earlier, will be due and payable at the time of the final payment on the loan. However, failure to pay premiums may result in termination of insurance as described below. Termination oflnsurance: Borrower may cartel any of the optional insurance products offered at any lime. The optional insurance will terminate upon the earliest of the following Gccurren;es: (1) the Lender's r•:ceipt of Borrower's written request for termination; (2) on the date when the sum of past due premiums equal or exceed four times the first month premium; (3) termination pursuant to the provisions of the insurance certificate; (4) payment in full of Borrower's Loan; (5) death of Borrower. TERMS In this Disclosure Statement, Note and Security Agreement, the word 'Borrower" refers to the persons signing below as Borrower, whether I one or more_ If more than one Borrower signs, each will be responsible, individually and together, for all promises made and for repaying the loan in full. The word 'Lender' refers to the Lender, whose name and address are shown above. PROMISE TO PA] ': In return for a loan that Borrower has received, Borrower promises to pay to the order of Lender the Principal amount shown above, plus interest on Elie unpaid Principal balance from the Date Charges Begin shown above until fully paid at the following Rare of Interest: RATE OF INTEREST: 11.58 % per annum on the entire unpaid Principal balance. Lender will compute interest on the unpaid Principal balance on a daily basis from the date charges begin until Borrower repays the loan. If Borrower does not make sufficient or timely payments according to the payment schedule above. Borrower will incur greater interest charges on the loan. Any amount shown above as Points has been paid by Borrower as points and any amount shown below as a Buydown Fee has been paid by a party other than Borrower as a buydown fee. These amounts are considered prepaid charges and are in addition to the above Rate of Interest. Any Points or Buydown Fee are ei.rned prior to any other interest on the loan balance, and in the event of prepayment of the loan, will not be refundable to Borrower. $ NONE has been paid by a party other than Borrower as a Buydown Fee. Principal and interest shall be payable in the substantially equal monthly installments shown above, except that any appropriate adjustments will be I made to the first and final payments, beginning on the first payment date shown above and continuing on the same day in each following month until paid in full. Upon the final payment date or the acceleration thereof, the entire outstanding balance of Principal and interest evidenced by this Disclosure Statemert, Note and Security Agreement shall he due and payable. Any payment(s) which Lender accepts after the final payment date acceleration thereof do not constitute a renewal or extension of this loan unless Lender so determines. C Over $50,000 - Ist Mortgage Borrower's Initials: PA 25422.14 8/2005 Original (Branch) Copy (Customer) Page 1 of 3 RICKEY A STITT KANDY K STITT 08/17/2007 Each payment shall be applied as follows: (1) mondti loan payments due (first to interest, then principp (2) insurance premiums due, (3) unpaid interest to the data: of payment, if any, their (4) principal. Lender may collect interest from and after maturity and after a judgement is entered upon the unpaid Principal balance at either the maximum rate permitted by the then applicable law or the rate of interest prevailing under this Disclosure Statement, Note and Security Agreement. LATE CHARGE If any installment is paid more than 15 days after the scheduled payment date, Borrower agrees to pay a late charge of the greater of $ 20.00 or 10.0% of the installment amount. Lender may, at its option, waive any late charge or portion thereof without waiving its right to require a late charge with regard to any other late payment. PREPAYMENT Borrower may make a full or partial prepayment of the unpaid Principal balance at any time (check applicable box): If this box is checked, Borrower may prepay this loan in whole or in part at any time without penalty. However, upon partial prepayment, interest will continue to accrue on any remaining Principal balance. Partial prepayment will not affect the amount or due date of subsequent scheduled payments on the loan, but nury reduce the number of such payments. FxJ If this box is checked and Borrower prepays the entire outstanding Principal amount of this loan during the first three (3) years from the date of the loan, Lender may charge Borrower a prepayment penalty equal to a percentage of the amount prepaid as follows: for prepayment in full within one year of the dale of the loan, 3%: within two years, 2 %; and within three years, I%. Upon partial prepayment, interest will continue to accrue on any remaining Principal balance. Partial prepayment will not affect the amount or due date of subsequent payments on the loan, but may reduce the number of such payments. Borrower understands if the terms of this paragraph provide for a prepayment penalty, such terms do not apply to a renewal or refinancing of this loan by Lender, nor to the prepayment of this loan from the proceeds of any loan made in the future by Lender to Borrower. No prepayment charge will be collected if the loan is accelerated due to Borrower's default or Lender's exercise of any due on sale clause in the Deed of Trust securing this obligation. SECURITY This loan is secured by a lien against the real property located at 770 N MIDDLETON RD CARLISLE PA 17013 See Mortgage or Deed of Trust for terms applicable to Lender's interest in Borrower's real property ( "Property "). INSURANCE If Borrower purchases any insurance at Lender's office, Borrower understands and acknowledges that (1) the insurance company may • be affi fated with lender, (2) Lender's employees) may be an agent for the insurance company, (3) such employee(s) is not acting as the agent, broker or fiduciary for Borrower on this loan, but may be the agent of the insurance company, and (4) Lender or the insurance company may realize some benefit from the sale of that insurance. If Borrower fails to obtain or maintain any required insurance or fails to designate an agent through whom the insurance is to be obtained, Lender may purchase such required insurance for Borrower through an agent of Lender's choice, and the amounts paid by Lender will be added to the unpaid balance of the loan. RETURNED CHECK FEES Lender may charge a fee, not to exceed $ 20.00, if a check" negotiable order of withdrawal or share draft is returned for insufficient funds or insufficient credit. LOAN CHARGE" If a law that applies to this loan and that 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 (i) any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit, and (ii) any sums already collected from Borrower that exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under this loan 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. DEFAULT Borrower will be in default if he does not make any scheduled payment on time or fails to comply with the provisions of any mortgage on the real property which secures this loan. If Borrower defaults, Lender may require Borrower to repay the entire unpaid Principal balance and any accrued interest at once. Lender's failure to exercise or delay in exercising any of its rights when default occurs does not constitute a waiver of those or any other right:: under this agreement. As permitted by Pennsylvania Law, Borrower agrees to pay actual and reasonable attorney's fees, court costs, and other a.:tual and reasonable costs incurred in foreclosing on the real property securing this loan. Borrower will receive written notice at least 30 days prior m foreclosure. LAW THAT APP LIES: Pennsylvania law and federal law, as applicable, govern this Disclosure Statement, Note and Security Agreement. If any part is unenforceable, this will not make any other part unenforceable. In no event will Borrower be required to pay interest or charges in excess of those permitted by law. Borrower, endorsers, sureties and guarantors, to the extent permitted by law, severally waive their right to require Lender to demand payment of amounts due, to five notice of amounts that have not been paid, to receive notice of any extensions of time to pay which Lender allows to any Borrower and to m.quire Lender to show particular diligence in bringing suit against anyone responsible for repayment of this loan, and additionally, waive benefit of homestead and exemption laws now in force or later enacted, including stay of execution and condemnation, on any property securing this loan and waivt: the benefit of valuation and appraisement. This Disclosure Statement, Note and Security Agreement shall be the joint and several obligation of all makers, sureties, guarantors and endorsers and shall be binding upon them, their heirs, successors, legal representatives and assigns. If any part of the Disclosure Statement, Note and Security Agreement and" if applicable, the Mortgage or Deed of Trust and accompanying Itemization of Amount Financed is unenforceable, this will not make any other part unenforceable. REFINANCING 'rhe overall cost of refinancing an existing loan balance may be greater than the cost of keeping the existing loan and obtaining a second loan for amt additional funds Borrower wishes to borrow. (Intentionally left blank) Borrower's WtialS: � Over $50.000 - lstldortgage PA 25422 -14 812005 Original (Branch) Copy (Customer) Page 2 of 3 y RICKEY A ST::TT KANDY K STITT Ilion 08/17/2007 AUTHORIZATION TO USE CREDIT REPORT By Oning below, Borrower authorizes Lender to obtainf ew and use information contained in the Borrower's credit report in order to determine whether the Borrower may qualify for products and services offered by Lender. This authorization terminates when Borrower's outstanding balance due under this Disclosure Statement, Note and Security Agreement is paid in full. Borrower may cancel such author at any time by writing the following: Transaction Processing, 300 St. Paul Place, BSP13A, Baltimore, MD 21202. In order to process Borrower's request, Lender must be provided Borrower's full name, address, social security number and account number. The following notice applies only if this box is checked, ❑ NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOI; COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. By signing below, Borrower agrees to the terms contained herein, acknowledges receipt of a copy of this Disclosure Statement, Note and Security Agreement and, if applicable, the Mortgage or Deed of Trust and of the accompanying Itemization of Amount Financed, and authorizes the disbursements stated therein. WITNESSES: SIGN - 0,4 .� (Seal) (Seal) KYUqD K I - Borrower (Seal) - Borrower CZTIFINANCIAL SERVICES, INC. B (Name and Title 08/17/2007 17:03:55 SECURITY INTEREST OF NONOBLIGOR Borrower only is personally liable for payment of the loan. Nonobligor is liable and bound by all other terms, conditions, covenants, and agreements contained in this Disclosure Statement. Note ant, Security Agreement,, including but not limited to the right and power of Lender to repossess and sell the Property securing this loan, in the event of default by Borrower in payment of this loan. (Seal) (Seal) Signature Date Signature Date Over $50.000 - 1st Mortgage PA 25422.14 8/2(05 Original (Branch) Copy (Customer) Page 3 of EXHIBIT "C" 70111150000168564495 Date: 5/20/2013 RICKEY A STITT 770 N MIDDLETON RD CARLISLE, PA 17013 RE: Property Address: 770 N MIDDLETON RD CARLISLE, PA 17013 _ OneMain Financial, Inc., a Delware corporation Loan # ACT 91 NOTICE TAB 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 A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may tall the Pennsylvani'a :housing Finance Agency toil -free at (800);342 - .2397. ('Persons with impaired hearing can call (71.7) . 780-1860.). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact. an attorney in your area. The local bar association may be able to help you rind a lawyer. LA NOTIFICACION EN AI)JUNT'O ES DE SUMA I`i4 PORTANCIA, PUl~S AFEC'TA SU DERECHO A CONTINUAR V1VIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIflO DE ESTA NOT)rFICACION OBTENGA UNA TRADucc16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYL.VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRkSTAMO 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): RICKEY A STITT KANDY STITT PROPERTY ADDRESS: 770 N MIDDLETON RD CARLISLE, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER: CitiFinancial Services, Inc. CURRENT LENDER/SERVICER: OneMain Financial, Inc., a Delware corporation 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 PATE. CONSUMER CREDIT C{�UNSI LING: AGENC ES If you m t crith one cif` t 0 consumIer slit _. counseling agencies listed atthe of this notice, the fender may NOT take action against you for thirty (30 days tier 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. APPL TCATION FOR MORTGAGE ASSIS'T'ANCE - Your mortgage its in default for the reasons set forth later in this Notice (see following }rages for specific infornnation about the nature of your default). "You have the rigl►t to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and tale 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 a 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 'HA VE 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. NOTE: IF YOU ARE CURRENTL Y PROTECTED BY THE FILING OFA PETITION IN BANKRUPTCY, THE PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS AN ATTEMPT 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 THEDEFAULT— The MORTGAGE debt held by the above lender on your property located at: 770 N MIDDLETON RD CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9/16/2011 through 10/15/2011 1 @ $642.94 /month 0 @ $0.00 /late charge /month $642.94 10/16/2011 through 6/15/2013 20 @ $1,316.68 /month 0 @ $0.00 /late charge /month $26,333.60 Other charges: Previous Late Charge(s): $ TOTAL AMOUNT PAST DUE: $26,976.54 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $26,976.54 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: OneMain Financial, Inc., a Delware corporation 605 Munn, Road Fort :Mill, SC 29715 IF YOU DO NOT CURE THE DEf'AULT - 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 tender also intends to instruct its attorneys 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 attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: OneMain Financial, Inc., a Delware corporation Address: 6400 Las Colinas Blvd. Irving, TX 75039 Phone Number: 877 - 622 -1611 EXT. 0340787 7 am - 8 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: 866 -714 -4160 contact Pti%6 ; Barb ra.lvlc ta E- A!fnil Adiiress R Cusiort ast ev.sc E"FF9C I' OF SHERIFF'S SALE— will end your ownership offhe mortgaged property and your right to occupy it. I1'you cantmue to live in the property after the Sheri M s Sale a lawsuit to remove you and' your furnishings and other .belong ngs.could be started by the lender at -any time, ASSUMPTION. OF IYIORTCAGE. You mby not sell or trtinsfer:your home to a buyer or transferee Who' ilt assi rite th .rrinrignge` debt, provided t}i�t nli ttie outstz�rtd" payments, irharges, and.attorney's fees and costs are paid � ri�rr to or at: the stile and that other requircmenU; of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL T14E PROPERTY TO OBTAIN MONEY TO PAY OFT' THE MOR'T'GAGE DEBT OR. TO "BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO 14AVE 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. Sincerely, OneMain Financial, Inc., a Delware corporation 6400 Las Colinas Blvd. Irving, TX 75039 HEMAP Consumer Credit Counseling A encies CUMBERLAND County Report last updated: 1/25/2013 CCCS of Western PA 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.511.2227 CCCS of Western PA 114 N Hanover St • Carlisle PA 17013 888.511.2227 Community Action Commission - Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 Harrisburg Fair Housing Council 2100 N 6th St Harrisburg PA 17110 717.238.9540 Housing & Redevelopment Authority - Cumberland Cnty 114 N Hanover St; STE 104 Carlisle PA 17013 866.683.5907 / 717.249.0789 Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 Pen ns)tlranial.7nterfaith,Com' ,tnhiiit)t :P,ro in 4q E `113g1tt Gcrtysturg_P.A 1'72 71'7.334.15'18 . i i i i I Ln tr O F F ICIA L p � I Ul Postage $ `0 Ceroed Fee - Postmark ` Rehm Receipt Fees C3 (EidoM mef pe;Wred) . ( estrtcted Deiy Fee _ Ln Total Postage S Fees $ rl 1 M o � ^' 3`6eeT Api No.: ^' q PD Box No. Clty. Stale. Z1Pr4 T . 701 ' 14 1506001685 Date: /013 ICANDYY S'1 rrr 770 N M1DDI.ETON RD CARLISLE, 'PA 1701.3 RE: Property Address: 770 N Mll)DLVr0N RD CARLISLE, PA 1701.3 OneMaih Financial, Inc., a Deiware cotporation `Loan # ACT 91 NOTIC TAKE ACTION TO SAV YOUR. OME FORECLOS] [J 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 (HIJMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take tf�is Notice with yonvhenyou.meet with the:�Caunseling.Age.rcy. Thy name, address and p.fione,numbcr of Consumer; Crredat Connsel�ng Agencies ,. tern #iingyour County are listed sit the end oMeN tick. `Tfyou hn� >e;aoy qucshans; y�iYa may -call the Pennsylvan z� ;ous ng `F* cc Agency toll -frt±e a# ($00) 342-2 3�97. Pierson with iinpazred hearing can:call x'77) 71) 18b. ' 'h a 1of�cc contains im ortat t legal nfn niataon, If ou h ive:any questlons,: representsitiVes;�at the Consumer Credit C ounselrng Agency may be able to lyel 'explain it. Yo 6 sc ntatt -an attorney in :your area. The local bar associatioli m y'be able tb hel i:you -fig a lawyer..: LA N(3`I'1 'ICACIi�IN V AA. lJ1VTO 99 D9. S'( MA 1iV1PO:ItT�1NCIA,. lk'UES' �1FE(:"i`A SU DERECHO . A COI±ITINUAl2; VMENDO;...EN SU CVSA:. Sl ISO. COMPRENDE. EL a CONTENIDO DE ESTA 1'+TOTIFICACION OBTENGA UNA TRADUCC16N INMEDIATAM.ENTE LLAMANDO ESTA AGENCI.A (PENNSYLVANIA. HOUSING FINANCE AGENCY) SIN CARGOS AL NU E.RO MENCIONADO ARRIBA. PUEDE SER ELEGIBBLE 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): KANDY STITT RICKEY A STITT PROPERTY ADDRESS: 770 N MIDDLETON RD CARLISLE, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER: CitiFinancial Services, Inc. CURRENT LENDER/SERVICER: OneMain Financial, Inc., a Delware corporation 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.. CRE,A(r C0UN Ei ING AGENCIE If you meet with' one of. the consumer credit. counseling agencies listed t ti a end ofthk notim d* lender may war take action against y ip for'thirty ( 0) days after the date l ot this :meeting. The names, addresses, and telepfione numbers of desiandwd coristt er credit couiiseting agencies for the County in which the property is located are yet forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your tender immediately of your intentions. APPLICATION FO:R:MORTGAGE ASSISTANCE - Your mortgage is in defsult for the r wons set i'orth later in this Notice (see 'following pages for specific infor-mafion about the nature of your default). You liave the right to .apply for Ananc.ial 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 Pennsy =l-vania Housing Finance .Agency. To temporarily strip 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. YOUSHOULD FILEA.H EMAPAPPLICATIONASSOONASPOSSIBLE. 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. z 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. NOTE: IF YOU ARE CURRENTLYPROTECTED BY THE FILING OFA PETITION IN BANKRUPTCY, THE PART OF THIS NOTICE IS FOR INFORMA TION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANATTEMPT TO COLLECT THE DEBT. (If you have flied 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: 770 N MIDDLETON RD CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9/16/2011 through 10/15/2011 1 @ $642.94 /month 0 @ $0.00 /late charge /month $642.94 10/16/2011 through 6/15/2013 20 @ $1,316.68 /month 0 @ $0.00 /late charge /month $26,333.60 t cl argr > Pliviottg Date alarge(s }; BCD LIiI TOTAL AMOUNT PAST DUE: S26,976-54 HOW TO CURE TTfiE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING TUF TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $76,976.54 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WI-11cli. BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: OneMain Financial, Inc., a Delware corporation 605 Munn Road Fort Mill, SC 29715 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: OneMain Financial, Inc., a Delware corporation Address: 6400 Las Colinas Blvd. Irving, TX 75039 Phone Number: 877 - 622 -1611 EXT. 0340787 7 am - 8 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: 866- 714 -4160 Contau :Pcrsb Barbara "Moore E i'��a'ii "Addres"s: .t��s'torrt�rservicpciti�ecint EFFECT OF SHERIFF'S _SALE - You should realire `that a Sheriffs Stile 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 n..6t sell:o transfer your home to a buyer or transferce alto will assume the mortgage debt, prdAded.tbit ;oll the : outstanding payments; charges, and attorney's fees and costs are paid prior to or at the. sale and that odder requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFI`'Tl•[E MORTGAGE. DEBT OR TO .BOAR_ OW 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 DEFAUi. T HAD OCCURRED, IF YOU CURETHE 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 OTK-R ,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. Sincerely, OneMain Financial, Inc., a Delware corporation 6400 Las Colinas Blvd. Irving, TX 75039 . r HEAP Consumer Credit Counseling, Agencies CUMBERLAND County Report last updated: 1/25/2013 CCCS of Western PA 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.511.2227 CCCS of Western PA 114 N Hanover St Carlisle PA 17013 888.511.2227 Community Action Commission - Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 Harrisburg Fair Housing Council 2100 N 6th St Harrisburg PA 17110 717.23 8.9540 Housing & Redevelopment Authority - Cumberland Cnty 114 N Hanover St; STE 104 Carlisle PA 17013 866.683.5907 / 717.249.0789 Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 V IV. ui I»terrAith Commutlitlr Progr k s� I - c :ICetty8,Wrg A' 1732 fi 17 i .1518 } i i � a Ln MUNI- cc Postage $ Certified Fee ri POS p Return Receipt Fee � p (Endorsement Required) Here p Restricted Delivery Fee - O (Endorsement Required) Ln r ;q Total Postage 8 Fees $ _ ra Se nt Io C 3 - S`rieet itpi Uo.; . C3 or PO Box No. . City State. ZlP+4 ----• ------------------------------------------------------ s w x s VERIFICATION Nicole M. Polito , hereby states that he /she is employed as Authorized Representative of CitiFinancial Services, Inc., a Pennsylvania corporation 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. _ LU Name: Nicole M. Polito Title: Au on ed Representative Date: DATE: FILE #: 12 -0583 NAME: STITT, RICKEY A. & KANDY K. POWERS, KIRK & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 i '. ") is J i i ;` Sean P. Mays, Esquire Id No. 307518 S Richard J. Nalbandian, III, Esquire Id No. 312653 `° ` "''� 1310 Industrial Boulevard, Suite 101 (`('' `". - p (�r ➢ .. Southampton, PA 18966 N:# t�;, yy++� {{,,�� (215) 942 -2090 ATTORl�E"YSFb PLAINTIFF CITIFINANCIAL SERVICES, INC. COURT OF COMMON PLEAS 111 I NORTHPOINT BUILDING 4 SUITE 100 CIVIL DIVISION COPPELL, TX 75019 CUMBERLAND COUNTY PLAINTIFF C� c NO. VS. COMPLAINT IN RICKEY A. STITT MORTGAGE FORECLOSURE KANDY K. STITT 770 N. MIDDLETON ROAD CARLISLE, PA 17013 DEFENDANTS NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. Date Respectfully submitted, ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary FrKennedy, Esquire Id. No. 77149 ❑Me an K. Boyle, Esquire Id. No. 201661 ❑ Qj an P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No.312653 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile #1: Model 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 I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard 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 jennifer.mcgarrity@pkj I.Ic.com SHERIFF'S OFFICE OF CUMBERLAND COUN Yt:Fj-".` I`;L. U I Ronny R Anderson AG; Sheriff Chief Deputy Richard W Stewart PENNSYLVANIA Solicitor OFFICE OFTHE SKRIFP Citifinancial Services, Inc. Case Number vs, 2013-4357 Rickey A Stitt(et al.) SHERIFF'S ,~E... .--- 09/04/2013 Sheriff Ronny R Anderson, being duly sworn according bu law, states he made diligent search and inquiry for the within named Defendant towit: Kandy Stitt, but was unable bz locate the Defendant m his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Pnooamand Complaint i Mortgage Fonmdoaunoas''NcdSena»d''at77ON. K8idd|etonRoed. No�h W1id-\eton. Carlisle, PA17013. Several attempts at service were made but deputies were unable tnmake contact with anyone sd the residence and the Complaint has since expired. 09/04/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant hm wit: Rickey Stiff, but was unable ho locate the Defendant inhis bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Served"at 770 North Middleton Road, North Middleton Township, Carlisle, pA17O13. Several attempts cd service were made but deputies were unable to make contact with anyone at the residence and the Complaint has since expired. SHERIFF COST: $57.58 SDANSWERS, September D4. 2U13 mumm, n ANDERSON, SHERIFF wCoun*Suitoehefiff,m*osoff,^nc- #12-0583 It POWERS,KIRN& JAVARDIAN, LLC ►`1� C i By: Jill Manuel-Coughlin llr PROTiHO NOTA t t Attorney Id# 63252 SEP 21 1310 Industrial Boulevard, 2nd Floor, Suite 202 � � Southampton, PA 18966 cUMBERLAHO Telephone: 215-942-2090 PEN>d$`01AS'A Attorneys for Plaintiff CitiFinancial Services, Inc. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. Rickey A. Stitt and Kandy K. Stitt CUMBERLAND COUNTY Defendant(s) No. 13-4357-Civil PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty(30)days. A4;zzzm�_ � Jill an e oughlin Atto ey Id# 63252 PO ERS, KIRN & JAVARDIAN, LLC Attorneys for Plaintiff Dated: September 26, 2013 II.15 pp AT" e 90183 aqb J38 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICEOP THE Sr-ERIC:= Citifinancial Services, Inc. vs. Case Number Rickey A Stitt(et al.) 2013-4357 SHERIFF'S RETURN OF SERVICE 10/03/2013 01:35 PM- Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defe ant, to wit: Kandy Stitt at 1056 Rebecca Street, North Middleton, Carlisle, PA 17013. LIA CLINE, DEPUTY 10/03/2013 01:35 PM- Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Def dant, to wit: Rickey A Stitt at 1056 Rebecca Street, North Middleton, Carlisle, PA 17015. MILI-AmtLINE, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, October 04, 2013 RON W R ANDERSON, SHERIFF oun!ySuie Sherif€.Teicoscft,b c. CITIFINANCIAL SERVICES, INC., • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff • PENNSYLVANIA •• try a? c, - v. • NO: 13-4357 . • • c..r1 RICKEY A. STITT and KANDY K. : CIVIL ACTION STITT, • • Defendants • REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendants are the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant, Rickey A. Stitt, lives in the subject real property, which is his primary residence; and 3. Defendants have been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and have taken all of the steps required in that Notice to be eligible to participate in a Court-supervised Conciliation Conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. /0 4-3- 3 B�.4 J harsh ws y, Esquir� Date Supreme Court I.D. #58799 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorj, fir Defend, t Aztf'.�.v�T or /h —;3—/3 efe d. ' Date keii r 10 3 � 3 e -Ili ant di Date F:\Home\BJW\DOCS\ TT.RICKEY\Request for Conciliation Conference.wpd • • EXHIBIT `A' CITIFINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, Plaintiff • PENNSYLVANIA • v. • NO: 13-4357 • RICKEY A. STITT and KANDY K. CIVIL ACTION STITT, • • Defendants • CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham& Chemicoff, P.C., do hereby certify that a true and correct copy of the Request for Conciliation Conference was sent first class U.S. Mail, First Class Mail, postage prepaid on this date,to the following: Richard J.Nalbandian, III, Esquire Court Administration Powers, Kim&Javardian, LLC County of Cumberland 1310 Industrial Boulevard One Courthouse Square Suite 101 Carlisle, PA 17013 Southampton, PA 18966 CUNNINGHAM& CHERNICOFF, P.C. Date: October 25, 2013 By: 0 / )14-4-e Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 F:\Home\BJW\DOCS\STITT.RICKEY\COS.Request for Conciliation Conference.wpd ti CITIFINANCIAL SERVICES, INC., • IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, Plaintiff • PENNSYLVANIA • v. • NO: 13-4357 --J • !mot t } RICKEY A. STITT and KANDY K. CIVIL ACTION STITT, • • Defendants • PRAECIPE TO THE PROTHONOTARY: Please kindly file the attached "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet(Form 2)" which has been completed by the Defendants, Rickey A. Stitt and Kandy K. Stitt,this date. CUNNIN M& CHERNI OFF, P.C. Date: October, 2013 By: ' ruc- J. ar haws e i, E ∎uire Su. eme Court I.►.. # :799 2320 North Seco d : reet Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorney for Defendant EXHIBIT `A ' Cumberland County Residential Mortgage Foreclosure Diversion Program r1 Financial Worksheet Date l 017 Cumberland County Court of Common Pleas Docket# /3 '11357 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 11 Borrower name(s): R:ekes A 5�+4- Oundl KQ.c�.y Property Address: 770 N . i:Act le Von two' City: Co-4-1:sty State: PA Zip: lc-70 t 3 Is the property for sale?Yes❑ No lg Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes bd No ❑ Mailing/Address(if different) IgN"2 City ( State: 1p: 1 r Phone Numbers:Home: Office: Celle- Other: Email: Number of people in household I How long: 1 I y eG fs CO-BORROWER Mailing Address: 18 5le (4.6,e S City: n c...r-1;0 t State e.A- Zip: 1 701 3 Phone Numbers: Home: Office: Cell:70 0/7,S Other: Email: Number of people in household 2 How long: a y 2a.fS FINANCIAL INFORMATION First Mortgage Lender: ne O 'n �►✓La^�''°"I Type of Loan: COno€A'4-∎'or■c-k 7y Ck rS Loan Numberb07 ors 1q 13726-066—Date You Closed Your Loan: $laOO`7 Second Mortgage Lender: N/A 3 Type of Loan '� 4 t9 Voc Alo r+lape n o Loan Number ii Total Mortgage Payments Amount: $ 1 ASS: U Included Taxes Insurance:$ 115.l0(J Date of Last Payment: Primary Reason for default: Less o c r•c p v-vm e d J re.4 a s e,0-em3"4`°f'A • Is the loan in Bankruptcy?Yes ❑ No' If yes provide names, location of court, case number&attorney Assets Amount Owed: Value: Home: $ 11 '1%O ' ` $ 114,LIIq ?? Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other 4t 4L& $ 14Z,3RD.`'° $ deCcert 4-;%1 1%I2ot Automobile#1: Model lDodit !Soo lr,.c, Year: .. 005' Amount owed: $ $`j 12."'d Value:7560 K.(Q.e Automobile#2: Model N//4' Year: Amount owed $ Value: Other transportation(automobiles boats motorcycles Model)Model: N/A Year: Amount owed$: Value:$ MONTHLY INCOME Name of Employers 1 1. Thee.P!�gc�w:�C� �t moltw *�rin3 . 1.1 2t1 T. 30 2. 3. Additional Income Description (not wages): 1. P/A monthly amount$ 2. monthly amount$ Borrower Pay Days: uaee,td‘i Co-Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $(31 tv•66 Food $ 5 gb.6v 2nd Mortgage $ Utilities $ 4'-'IO.66 Car Payment(s) $ 331 o6 Condo/Neigh.Fees $ Auto Insurance $ c'S. Med not covered $ 5,4'O Auto fuel/repairs $Sq5, b Other prop payment $ --- Install Loan Payment $ 3(9'7.bb Cable TV $ Child Support/Alimony $ 'SOO. sTealigel;‘,4511 Lt. Day/Child Care Tuition $ �'��OtherrExpenses $ ao1 S.156 Amount Available for Monthly Mortgage Payments Based on Income Expenses: 319e. - 13244-8 Have you been working with a Housing Counseling Agency? Yes No ❑ If yes please provide the following information Counseling Agency: R�v,LC� owe cc-S Counselor: Ai.,r, M0.r�� �reJ;gt Phone Office:neg-.5 (-2.22'7 �! Fax: 717-5 9 0- 4616 Email: O.e re 0.alv(-c,-1-0,geCCS •oc Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance Yes ❑ No C( c.e.-1 1 3:61e 091.v e_ 4-0 e n q v`^o re.`_' �" y s If yes please indicate the status of the application: t rw` Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No l� r If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact(Name) Phone Servicing Company(Name) Contact: Phone AUTHORIZATION I/We authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Pirr /0 -023 5 Or V B•rrow:. Signature Date Co-Borrower Signature Date • Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date I o&) 1) 3 _ 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 0 No 0 Listing date: Price:$ Realtor Name Realtor Phone Borrower Occupied? Yes❑ No 0 Mailing Address(if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO-BORROWER �-/(0� r Mailing Address: l c '. '((CA �1 t' !/ ' r I pit it / !3 City: State Zip: Phone Numbers: Home: 7 /7 — Y 9'O- 0/7(0 Office: Cell: pp Other: Email: C © 1Tr4N0© (OCO 4.IT. N6-77-- Number of people in household , How long: c "1"aI 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: (-6 tirreo py.iJ pit ri,e f i i f .`14)t 12- "OW cej 12'e /14) PIff eJ �1 `'W , �d-- �il�i�J�.i► • Is the loan in Bankruptcy?Yes 0 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 Uwe am/are under no obligation to use the services provided by the above named :o ,'werSigne e Date .11 ' l4 &i /D-a3- (3 Co'ono ignaturw Date Please forward this document along with the following information to lender and Gregory Javardian,Esquire,lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed,we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian,Esquire 1310 Industrial Boulevard 2' Floor,Suite 202 Southampton,PA 18966 (tel)215-942-9690 (fax)215-942-9695 Attention:Jennifer McGarrity (tel)215-942-2090 ext. 1326 jennifer.mcgarrity @ pkj I l c.com CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant for the law office of Cunningham& Chernicoff, P.C., do hereby certify that a true and correct copy of the attached Praecipe was sent first class U.S. Mail, First Class Mail,postage prepaid on this date, to the following: Richard J.Nalbandian, III, Esquire Court Administration Powers, Kim& Javardian, LLC County of Cumberland 1310 Industrial Boulevard One Courthouse Square Suite 101 Carlisle, PA 17013 Southampton, PA 18966 CUNNINGHAM& CHERNICOFF, P.C. C,( Date: Octobera 5, 2013 By: lidittitAO Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 Telephone: (717)238-6570 F:\I-Iome\BJ W\DOCS\STITT.RICKEY\praecipe.wpd r CITIFINANCIAL SERVICES, INC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION (-) -� NO. 13-4357 CIVIL , RICKEY A. STITT and KANDY K. : rn T --+ STITT, .s, Defendants L.d CASE MANAGEMENT ORDER c co a ate. AND NOW,this Q*J day of October, 2013,the parties having agreed to a< - conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on 4,0,,,,,x/AJ /1 l0/3 , at 1/:30 Q,m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one(21) days prior to the date of the Conciliation Conference,the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2)which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court,the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss,and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, -4,44-- Kevi . Hess, P.J. Richard J.Nalbandian, III, Esquire Powers, Kirn& Javardian, LLC 1310 Industrial Boulevard Suite 101 Southampton, PA 18966 For the Plaintiff ce Warshawsky,Esquire 2320 North Second Street Harrisburg, PA 17110 For the Defendants :rim f0 3t/13 `T� CITIFINANCIAL SERVICES, INC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION : NO. 13-4357 CIVIL RICKEY A. STITT and KANDY K. : STITT, • Defendants IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held December 18, 2013, were Nathan Wolf, Esquire, local counsel for the plaintiff; Bruce Warshawsky, Esquire, attorney for the defendant; and the homeowner, Rickey A. Stitt. Necessary materials have been furnished to the lender and this matter is presumably under review. The parties have requested a conciliation conference which will be set by order of even date herewith. ORDER AND NOW, this ig' day of December, 2013, continued conciliation conference is set for Friday, January 24, 2014, at 11:45 a.m. in Chambers of the undersigned. BY THE COURT, Kevi A. Hess, P. J. Xlathan Wolf, Esquire 10 W. High Street c r" Carlisle, PA 17013 == rrl U rea For the Plaintiff rri r cry,.? Bruce Warshawsky, Esquire 2320 North Second Street =c--' - =° Harrisburg, PA 17110 For the Defendants '} P!8 i3 CITIFINANCIAL SERVICES, INC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-4357 CIVIL RICKEY A. STITT and KANDY K. STITT, Defendants IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this Z y day of January, 2014, following conciliation conference, counsel for the defendant will forward the remaining required documents to the plaintiff within five (5) days. Continued conciliation conference is set for Wednesday, February 26, 2014, at 2:45 p.m. in Chambers of the undersigned. BY THE COURT, lr-kl Kevi A. Hess, P. J. Nathan Wolf, Esquire 10 W. High Street Carlisle, PA 17013 For the Plaintiff �ce Warshawsky, Esquire 2320 North Second Street Harrisburg, PA 17110 c For the Defendants Mco -!Cj �� =IC art. CITIFINANCIAL SERVICES, INC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION NO. 13-4357 CIVIL RICKEY A. STITT and KANDY K. STITT, Defendants IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2 day of February, 2014,without opposition,this matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay in this case is LIFTED. BY THE COURT, 04 m Kevin A ess, P. J. ""Nathan Wolf, Esquire 10 W. High Street Carlisle, PA 17013 For the Plaintiff Bruce Warshawsky, Esquire 2320 North Second Street Harrisburg, PA 17110 For the Defendants / "-iv M -7-n - �.� � 'tom �..,•; co �� co ,.:1 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 215-942-2090 CitiFinancial Services, Inc. 1111 Northpoint Buiding 4 Suite 100 Coppell, TX 75019 vs. Rickey A. Stitt Kandy K. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 up i 1=';k0 77101i 2014 JUL 23 All 1, . x PEN NS y� A A COURT OF COMMON PLEAS CUMBERLAND COUNTY Cru � No.: 3 _ 4 3S PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Rickey A. Stitt and Kandy K. Stitt, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $158467.01 Interest 7/20/2013 to 7/15/2014 14833.49 TOTAL $173300.50 I hereby certify that (1) the addresses oft e Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in ac • e rda ce it ' 1- 237.1, co e y .tached. Damages are hereby assessed as indicated. DATE: -1041 Pow- s, Kirn s: Yates, LLC 1 Manuel- rughlin, Esquire Id. No. 63252 olanta Peka a, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 3135 Attoeys fo hint PROTHONOTARY 50f761 1 it, C/# 26,89 �i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor p*0 of Cunky/ �o"444 OFFICE OF THE SHERIFF Citifinancial Services, Inc. Case Number vs. Rickey A Stitt (et al.) 2013-4357 SHERIFF'S RETURN OF SERVICE 10/03/2013 01:35 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Deferyiant, to wit: Kandy Stitt at 1056 Rebecca Street, North Middleton, Carlisle, PA 17013. LI CLINE, DEPUTY 10/03/2013 01:35 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Rickey A Stitt at 1056 Rebecca Street, North Middleton, Carlisle, PA 17015. ILLI LINE, DEPUTY SHERIFF COST: $57.56 SO ANSWERS, October 04, 2013 (c) CountySulte Sherif, Teleoson. Inc. RONNY R ANDERSON, SHERIFF 412-0583 POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE ID. NO. 55669 JILL MANUEL-COUG14L1N, ESQUIRE ID. NO. 63252 JOLANTA PEKALSKA, ESQUIRE ID. NO. 307968 DANIEL C. FANASELLE, ESQUIRE ID. NO.312292 RICHARD J. NALBANDIAN, Ill, ESQUIRE ID. NO. 312653 MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549 1310 INDUSTRIAL BOULEVARD 2f4) FLOOR. SUITE 202 SOUTHAMPTON, PA 18966 (215) 942-2090 CITIFINANCIAL SERVICES, INC. PLAINTIFF vs. RICKEY A. STITT KANDY K. STIT1 Rickey A. Stitt 770 North Middleton Road Carlisle, PA 17013-8716 Rickey A. Stitt 1056 Rebecca Street North Middleton Carlisle, PA 17013 Bruce Warshawsky, Esquire 2320 North Second Street Harrisburg, PA 17110 DATE OF NOTICE: March DEFENDANTS , 2014 _ ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13 -4357 -CIVIL Kandy K. Stitt 770 North Middleton Road Carlisle, PA 17013-8716 Kandy K. Stitt 1056 Rebecca Street North Middleton Carlisle, PA 17013 Nana, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 - Phone: 717-243-9400 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 - Phone: 717-249-3166 Powers, Kirn & Javardian, LLC p t� BY: ❑ Grego avarcfian, Esquire Id. No. 55669 o Jill Manuel -Coughlin, Esquire Id. No. 63252 -triblanta Pekalska, Esquire Id. No. 307968 ❑ Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Richard J. Nalbandian, III, Esquire Id. No. 312653 0 Matthew J. McDonnell, Esquire Id. No. 313549 Usted se encuentra en estado de rebeldia por no habcr tornado la accion requiida de su parte en este caso. Al no totnar Ia action debida dcnlro de un terrain() de dicz (10) dias de csta notification, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba aleuna dictar sentcncia en su contra, usted puede perder bienes y otros derechos importantcs. Debe Ilevar esti notification a un abogado immediatemente si usted no ticne abogado, o si no tiene dinero suficiente para tal scrvicio, vaya en persona o flame por telpfono a Ia oficina, cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 215-942-2090 CitiFinancial Services, Inc. vs. Rickey A. Stitt Kandy K. Stitt COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 1 %-(-1S-7 l U ( VERIFICATION OF NON-MILITARY SERVICE The Undersigned, hereby verifies that he/she is attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) Defendant(s), Rickey A. Stitt and Kandy K. Stitt, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Service members Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, Rickey A. Stitt, is over 18 years of age, and resides at 1056 Rebecca St, North Middleton, Carlisle, Pa 17013. (c) Defendant, Kandy K. Stitt, is over 18 years of age, and resides at 1056 Rebecca St, North Middleton, Carlisle, Pa 17013. (d) Plaintiff, CitiFinancial Services, Inc., is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of 1111 Northpoint Buiding 4 Suite 100, Coppell, TX 75019. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 O'H Poy'ers, Ki : As eciates, LC ill Manuel -Coughlin, Esquire Id. No. 6325 Jolanta Pekalska, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Kandy K. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 CitiFinancial Services, Inc. VS. Rickey A. Stitt Kandy K. Stitt COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,,, Defendant(s) No.. )3•44M) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default3 _ Money Judgment Judgment in Replevin Judgment for Possession by Default _ Judgment on Award of Arbitration _ Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kirn & Associates, LLC at this telephone number: (215) 942-2090. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Rickey A. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 CitiFinancial Services, Inc. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY �1 No.: �_L-�.SLit) vs. Rickey A. Stitt Kandy K. Stitt Defendant(s) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania,you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default _ Money Judgment _ Judgment in Replevin _ Judgment for Possession by Default Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kim & Associates, LLC at this telephone number: (215) 942-2090. Department of Defense Manpower Data Center Results as of : Jul -17-2014 06:53:21 AM SCRA 3.0 Stats Report Pursuant to ;Servicertembe s Civil Relief Act. Last Name: STITT First Name: KANDY Middle Name: Active Duty Status As Of: Jul -17-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NArY E'. ,-. rf'�—. . No �Ibk,. NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duly Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA �, .; �, I. . , No I ''AI l NA This response reflects where the Individual left active duty'status within 367 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Futu a Call -Up to Active Duly on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA \SNA7'1 ` - .. ".No . ,. NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower,DataCenter, based on t�information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 5BE287092024A60 Department of Defense Manpower Data Center Results as of : Jul -17-2014 06:51:05 AM SCRA 3.0 Status Report Pursuant to Servicemembars Civil Relief Act. Last Name: STITT First Name: RICKEY Middle Name: Active Duty Status As Of: Jul -17-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA "i No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date This response reflectsthe Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA i NA i. ' ,3. - -No l'' `' i NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA '• NA -'4 - : _No - NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center; based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. r�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: HBJ446B9D0D7T40 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CitiFinancial Services, Inc. 1111 Northpoint Buiding 4 Suite 100 Coppell, TX 75019 vs. Rickey A. Stitt Kandy K. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-4357 Civil PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 7/15/2014 to Date of Sale @ $28.49 per diem Subtotal (Costs to be added) atilL69,P S S cIa Sri . 5(P e / /03.75(-1, 1 �. )5 fi 10. Co `, s a Id $173,300.50 $6,581.19 owers, Kirn Associates, LLC ❑Ji11 Manuel-Coughl , Esquire Id. No. 63252 ❑anta Pekalska, squire, Id. No. 307968 arry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Eight Neshaminy Interplex Suite 215 P" Trevose, PA 19053 4). (215) 942-2090 ,,„et_, iy-3J�s3 CO Lila Y POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 CitiFinancial Services, Inc. vs. Rickey A. Stitt Kandy K. Stitt i,tUu�•J _i, ii ill e COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-4357 Civil CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: FHA Tenant Occupied Vacant Commercial As a result of Complaint in Assumpsit Act 91 complied with Powers, . rn : Associates, LLC ❑Jill Manuel -Coughlin, Esquire d. No. 63252 ❑Junta Pekalska, Esquire, I . No. 307968 arry B. Reese, Esquire, Id. No. 310501 [Daniel C. Fanaselle, Esquire, Id. No. 312292 DMatthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff CitiFinancial Services, Inc. vs. Rickey A. Stitt Kandy K. Stitt COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-4357 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 770N. Middleton Rd., Carlisle,PA 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Rickey A. Stitt Kandy K. Stitt Last Known Address (if address cannot be reasonably ascertained, please indicate) 1056 Rebecca St, North Middleton Carlisle, Pa 17013 1056 Rebecca St, North Middleton Carlisle, Pa 17013 2. Name and address of Defendant(s) in the judgment: Rickey A. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 Kandy K. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 770N. Middleton Rd. Carlisle,PA 17013 { I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. October 14, 2014 Powe s, sir : �� sso :Jill ue -Coughlin, Esire Id. No. 63252 ❑J arta Pekalska, Esqu e, Id. No. 307968 arry B. Reese, Esquire, Id. No. 310501 ❑Daniel C. Fanaselle, Esquire, Id. No. 312292 :Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 CitiFinancial Services, Inc. vs. Rickey A. Stitt Kandy K. Stitt COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-4357 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Rickey A. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 Your house (real estate) at 770N. Middleton Rd., Carlisle,PA 17013, is scheduled to be sold at Sheriffs Sale on March 4, 2015 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $173,300.50, obtained by CitiFinancial Services, Inc., against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kirn & Associates, LLC at (215) 942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 CitiFinancial Services, Inc. vs. Rickey A. Stitt Kandy K. Stitt COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-4357 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Rickey A. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 Your house (real estate) at 770N. Middleton Rd., Carlisle,PA 17013, is scheduled to be sold at Sheriffs Sale on March 4, 2015 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $173,300.50, obtained by CitiFinancial Services, Inc., against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kirn & Associates, LLC at (215) 942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy I.nterplex Suite 215 Trevose, PA 19053 215-942-2090 CitiFinancial Services, Inc. COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY Rickey A. Stitt No.: 13-4357 Civil Kandy K. Stitt NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kandy K. Stitt 1056 Rebecca St, North Middleton Carlisle, Pa 17013 Your house (real estate) at 770N. Middleton Rd., Carlisle,PA 17013, is scheduled to be sold at Sheriffs Sale on March 4, 2015 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $173,300.50, obtained by CitiFinancial Services, Inc., against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kirn & Associates, LLC at (215) 942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net CITIFINANCIAL SERVICES, INC. Vs. NO 13-4357 Civil Term CIVIL ACTION — LAW RICKEY A. STITT KANDY K. STITT WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $173,300.50 L.L.: $.50 Interest FROM 7/15/2014 TO DATE OF SALE @ $28.49 PER DIEM - $6,581.19 Atty's Comm: Atty Paid: $275.62 Plaintiff Paid: Date: 10/29/14 (Seal) Due Prothy: $2.25 Other Costs: -e1,1,ttzt-1 David D. Bu- 11, Prothonota REQUESTING PARTY: Name: HARRY B. REESE, ESQUIRE Address: POWERS, KIRN & ASSOCIATES, LLC EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 310501 Deputy