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HomeMy WebLinkAbout13-4447 Supreme Cou t of aennsylvania � � . COUP � DC OII11Y�0)Ch leas For Prothonotary Use Only: �. t Cl><l over�S het Docket No: S vv y 7 CUM¢ R�Nb- County l ., , - The information collected on this form is used solely for court administration Purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lain or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C CITIMORTGAGE, INC. HEATHER A. BARBOUR T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes El No (check one) E]outside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes O No A Name of Plaintiff /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC 0 Check here if you have no attorney (are a Self - Represented 1Pro Set Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation S 0 Premises Liability Statutory Appeal: Other 0 Product Liability (does not include � Employment Dispute: mass tort) Discrimination 0 Slander/Libel/ Defamation C 0 Other: Employment Dispute: Other � Zoning Board 0 Other: T I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B Other: 0 Declaratory Judgment Eminent Domain /Condemnation Ground Rent Mandamus 0 Landlord/Tenant Dispute Non- Domestic Relations Lxj Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title Other: Ca Medical Other: 0 Other Professional: Updated 1 /1/2011 T_ • POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 r Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 r rr a Richard J. Nalbandian, III, Esquire Id No. 312653 `- " 1310 Industrial Boulevard, Suite 10 1 t w` 11 2 r R L F'" iii C 0 �'1 .r y Southampton, PA 18966 c ' ; t. ` s (215) 942 -2090 ATTORNE�����R P."bTs�'F CITIMORTGAGE, INC., AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO ABN AMRO MORTGAGE CIVIL DIVISION GROUP, INC. 1000 TECHNOLOGY DRIVE CUMBERLAND COUNTY O'FALLON, MO 63368 / PLAINTIFF (11/ I NO.'`j- COMPLAINT IN VS. MORTGAGE FORECLOSURE HEATHER A. BARBOUR 1916 SPRING ROAD CARLISLE, PA 17013 DEFENDANT 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 t � . �lb3 75�� O rV 0. ;� a�3��� 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 THE LAW ON WITHIN TWENTY (20) DAYS, YOU COMPLAINT IS TO BE FILED IN THIS ACTI MAY OBTAIN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE ICE REQUESTED SHOULD CONCERNING YOUR RIGHTS AND OBLIGATIONS ATTORNEY FOR ADVICE ONS IN THIS SUIT. AT r 3 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbandian, III, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942 -2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC., AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO ABN AMRO MORTGAGE CIVIL DIVISION GROUP, INC. 1000 TECHNOLOGY DRIVE CUMBERLAND COUNTY O'FALLON, MO 63368 PLAINTIFF NO. COMPLAINT IN VS. MORTGAGE FORECLOSURE HEATHER A. BARBOUR 1916 SPRING ROAD CARLISLE, PA 17013 DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. Citimortgage, Inc., As Successor By Merger to ABN AMRO Mortgage Group, Inc. (hereinafter referred to as "Plaintiff') is a Corporation with a principal place of business in O'Fallon, Missouri. 2. Heather A. Barbour (hereinafter referred to as "Defendant ") is an adult individual residing at 28 N. Orange Street, Carlisle, PA 17013. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee. The Mortgage, dated September 15, 2006, was recorded on September 15, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1966 Page 0494. A copy of the Mortgage is attached and made a part hereof as Exhibit 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on September 15, 2006 in the original principal amount of $118,750.00, which is payable to Plaintiff in monthly installments with an interest rate of 6.875 %. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 1916 Spring Road, Carlisle, PA 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendant is the Record Owner of the mortgaged property located at 1916 Spring Road, Carlisle, PA 17013. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they became due and owing. As a result of the default, the following amounts are due: Principal Balance E$6883.92 Interest to 07/26/2013 2.83 Accumulated Late Charges $507.00 Inspections $121.50 O/S BPO Fees $150.00 Reconveyance $12.00 Release Fee $50.50 Escrow Advance Balance $1,118.91 Less Unapplied Funds ($895.54) TOTAL $117,761.12 plus interest from 07/27/2013 at $20.6973 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 Defendant by regular and certified mail on March 19, 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 Defendant, in the sum of $117,761.12, 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, KIRK & JAVARDIAN, LLC BY: - ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑ ghan K. Boyle, Esquire Id. No. 201661 ❑ can P. Mays, Esquire Id. No. 307518. Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT "A" 33 7 E THIS INSTRUt�NT WAS PREPARED SY: GAIL DECKER INTERFIRST WHOLESALE, TRAILING DOCUM ROBERT P.ZIEGLER 1201 EAST LINCOLN RECORDER OF DEEDS MADISON HEIGHTS, MI 48071 -4171 GUMS ERLA10 COUNTY-l", 1- 800 -542 -9512 Q 7 when rocorded m M ail for 2006 SAP 15 10 1 r ABN AMRO MORTGAGE GROUP, INC. 1701 EAST LINCOLN MADISOU HEIGHTS, MICHIGAN 48071 -4171 ATTx,rINAL {TRAILING DOCUMENTS APN III APO #I —[Space Above Thrs Line For Rocording Data] MORTGAGE DEFlN Ti0 Word used in multiple sections of this document are defined below and other words are defined in Sactions 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 15, 2006, together with all Riders to this document. (B) "Borrower" is HEATHER A BARBOUR, A SINGLE WON" Borrower is the mortgagor under this Security Instrument. (C) "Lender" is ABU AMRO MORTGAGE GROUP, INC. Lander is a CORPORATION Lender's and existing under the Lender's address is laws of DELAWARE. 2600 W. BIG BEAVER RD., TROY, MICHIGAN 48084. Lender is the mortgagee under this Security Instrument. Initials r _ PENNSYLVANIA.-Single Family - Fannie Moe/Froddle Mac UNIFORM INSTRUMENT F rm 30391 01 PAUDEOL W t t ® tgeq.zoeaOnlineDocuments.lnc Page 1 of 14 09 -14 -2006 930 OK i 966PGO494 (D) "Note" means the promissory note signed by Borrower and dated x SEPTE1.144BER x 15, x2006. r x r r The Note states that Borrower owes Lender ra*xr * *rrxx +rr *ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY AND HO /10} xarrxa*** rr* rx* r *xr*rrr *a *raxrxarrxxar *x *rrr** Dollars (U.S. $118,750.00 plus interest. Borrower has promised to pay this debt in rogular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2036. (E) " Property" means the property that is described below under the heading 'Transfer of Rights in the Property." char es and late (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment g charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security instrument that are executed by Borrower. The following Riders are to be executed by Borrower )check box as applicable[: {� Second Rome Rider =Adjustable Rate Rider =Condominium Rider = Balloon Rider =Planned Planned Unit Development Rider rather($) [specify] X1.4 Family Rider F Biweekly Payment Rider 17 V.A. Rider (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as ail applicable final, non - appealable Judicial opinions. (1) : ;'.Community Association Duos, Foos, and Asoossmonts" means all dues, fees, assessments Arid other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) " ElectronicFundsTransfer" meansanytransferoffunds, otherthanatransactionoriginatedbycheck, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited t, point-of-sale transfers, automated toiler machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid and r the or rag etaking of aids in Section 5) for: (i) damage to, or destruction of, the Property; (") any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (t) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 of seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that. governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor to interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and /or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: () the repayment of the Loan, and all renewals, extensions and of Borrower's covenants and aeements modifications of the Note-, and fit) the peormance Security Instrument and the Note. For th s Borrower does hereby mortgage, r g nt andund r y to initials PENNSYLVANIA - Single Family- Fannlo Mae /Froddla Mac UNIFORM INSTRUMENT Form 9079 1101 PAUDEDL 041 a 1999.2004 Online Documents, Inc. Page 2 of 14 09 -14 -2006 9t30 BK i 966PGO495 r , Lender the following described properly located in the COUNTY [Name of Rocording Jurisdictionl: [Type d Recording Jurisdiction) Of CUMBERLAND SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 1916 SPRING RD, CARLISLE, (siraetl IC4yl Pennsylvania 17013 ('Property Address "): [zip Codol TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of retard. THIS SECURITY INSTRUMENT combines undorrn covenants for national use and nonuniform covenantswith limited variations byjurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security instrument shall be made in U.S. currency. However, If any check or other instrument received by lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an Institution whose deposits are Insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15, Lender may return any payment or partial payment it the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, withoutwaiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted, if each Periodic Payment is applied as of its schedi' le led fun a date, then Lender need not pay interest on unapplied funds. Lender may hold such unapp until I Borrower makes payment to bring the Loan currenL if Borrower does not do so within a reasonable. period of time, Lender shall either apply such funds or return them to Bo rrinitials raPPll for, PENNSYLVANIA - Single Family- Fannie Mae/Freddle Mac UNIFORM,NSTRUMENT Form 30391 /e1 PAUDEDL o»t� ®faa9a00a Online Documents. Inc. Page 3 of 14 09- 14 PAUDE 6 9 :30 89 1966PGO496 such funds will be applied to the outstanding principal balance under the Note Immodiately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note: (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess maybe applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Misceflaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordancowith the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item, Borrower shall promptly furnish to Lender all i notices of amounts lobe paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due forany Escrow Itemsfor which payment of Funds has been waived by Lender and, it Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shaliforalf purposes bedeemed to be a covenantand agreementeontained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9, If Borrower Is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower falls to pay the amount duefor an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender mayrevokethe waiver as toany orall Escrow Items at any time by a notice given in accordancewith Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficienito permit Lender to apply the Funds at the time specified under RESPA, and (b) not to excewl the maximum amount lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (Including Lender, if Lender is an institution whose deposits are so ) or Initinlet PENNSYLVANIA- Singlo Family- Fannio Mao /Freddie Mac UNIFORM INSTRUMENT Form 3019 1101 0 igm- Cea Onono Doc mania, Inc. Page 4 of 14 PAVOEOL Oct 1 09 -14 -2006 9:30 r BK 1.966PG0497' In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow s no la tor than the time specified under RESPA. Lender shall not charge Borrowerfor holding and applying the Funds, annually analyzing the escrow account; or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds, Borrower and Lender can agree in writing, however, that inierestshall be paid on the Funds. Lender shall give to Borrower, withoutcharge, an annual accounting of the Funds as required by RESPA. If there Is a surplus of Funds held in escrow, as defined underFIESPA, Londershall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there Is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lenderthe amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority overthis Security instrument, leasehold payments or ground rents on the Property, it any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded: or (c) secures from the holder of the lion an agreement satisfactory to Lender subordinating the lien to this Security instrument. If Lender determines that any pan of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lion. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above In this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and /or reporting service used by Lender in connection with this Loan. S. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occurwhieh reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. if Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purr a any initialas PENNSYLVANIA.-Single Family— fannio Mao/froddlo Mae UNIFORM INSTRUMENT Form 0039 1101 A 1999 -2004 Online Doeumants, Ire. Page 5 of 14 PAUDEDL 0411 09 -14 -2006 9,30 8K 1966PGO498 particular type or amount of coverage. Therefore, such coverage shall cover Lender, but m g tt or might not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bearinterest attheNote rate from the dateof disbursement and shall bepayable, with such Interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and /or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to lender all receipts of paid premiums and renewal notices. 11 Borrower obtains any form of Insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagbe and /or as an additional loss payee. ' In the event of loss, Bortowershall give prompt noticeto the insurance carrier and Lender. Lender may make proof of loss it not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to bo paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether ornot then due, with the excess, it any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property. Lender may rile, negotiate and settle any available Insurance claim and related matters. If Borrower does not respond within 30 days to a noticefrom Lender that the Insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30- day period will begin when the notice Is given. In either event, or H Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whetheror not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender othenvise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Botrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless H is determined p rsuant to Section 5thatrepairorrestorationis not economicaliyfeasible , Borrower shall Zro % operty pENNSVLVANI4-Srn9W Fnmtly-Farnnlo Mao/Froddlo Mac UNIFORM INSTRUMENT Form 30391/01 PAUDEDL 0411 m 1999 -2oo4 on§no Documems, Inc. Page 6 of 14 09 -14 -2006 9:30 8K 1966PGO499 0 damaged to avoid further deterioration or damage. If insurance or condemnation pros s are paid in . connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as thework is completed. if the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. It has Lender or Its agent may make reasonable entries upon and Inspections of the Property. er shall reasonable cause, Lender may inspect the Interior of the improvements on the Property. give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. a. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate Information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are nottimited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower falls to perform the covenants and agreements contained In this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's Interest in the Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever Is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing the value of the Property, and sec ms or repairing the Properly. Lender's actions can include, but are not limited to: (a) paying any y urns secured by a lien which has priority overthis Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, Including Its secured position in a bankruptcy proceeding. Securing the Property Includes, but is nottimited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. if this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the loasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. It, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such Insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower h ee l vousi en e at required to obtain coverage substantially equivalent to the Mortgag P Y a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously i effect, from an alternate mortgage insurer selected by Lender. it substantially equii n f itiaia gage ranee PENNSYLVANIA- Singla family- Fannla Mao/Fraddlo Mai UNIFORM INSTRUMENT Form ewe 1101 PAUOEOL 0411 W 190 -2004 Onlino Oocuments, Inc Page 7 of 14 09- 14-20O6 9s30 BKI966PGO500 coverage Is not available, Borrower shall continue to pay to Lender the amo sepam e y designated payments that were due when the insurance coverage ceased to be In effect. Lender will accept, use and retain these payments as a no loss reserve in lieu of Mortgage insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any Interest or earnings on such loss reserve. Lender can nolonger requireloss reserve payments if Mortgage Insurance coverage (in the amount and for the period that lender requires) provided by an insurer selected by Lender again becomes available, Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with anywritten agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur It Borrower does not repay the loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgago insurer and the other party (or parties) to these agreements, These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage Insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Asa result of these agreements, Lender, any purchaser of the Note, another insurer, soy relnsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further; (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - It any - with respect to the Mortgage Insurance underthe Homeowners Protection Actof 1098 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums thatwere unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. tf the Property is damaged, such Miscellaneous Proceeds shall be appiled to restoration or repair of the Property, if the restoration ortepair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to lender's satisfaction, provided thatsuch inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. It the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be aI p ied to the su spured PENNSYLVANIA -Single Family- Fannia MaorFraddio Mac UNIFORM INSTRUMENT Form 3039 fret PAUDEOL 04t t 0 1009-2004 online Documents. Inc. _ Page a of 14 09 -14 -2006 9%30 8K 1 966PGO50 I by this Security Instrument, whether or not then due, with the excess, if any, p o orrower� Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking. destruction, or loss in value of the Property; the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with the excess, it any, paid to Borrower, In the event of a partial taking, destruction, or toss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the fallowing fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair marketvalue of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, orif, after notice by Landerto Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lenderwithin 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then duo. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party againstwham Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default ii any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property. or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and. if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material Impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim fordamages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors In Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of anydemand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower cov- enants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument butdoes not execute the Nate (a 'co-signer'): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay sums Initialsr PENNSYLVANIA- Singlo Family- Fannle Mae,'Froddle Mae UNIFORM INSTRUMENT Form 3039 1tat m 1498.2004 Online Documents, Inc, Page 9 of 14 PAUDEDL o4 i i 09 -14 -2006 9130 SKI966PGO502 secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 16, any Successor in Interest of Borrower who assumes Borrower's obligations underthis Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall notbe released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, ptoperty inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security instrument or by Applicable Law. It the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest orother loan charges collected or to be collected in connection with the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Ita refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security instrument shall be deemed to have been given to Borrowerwhon mailed by first class mall or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. it Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Gender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender untilactually received by Lender. If anynotice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabllity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. Ail rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, As used In this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular sh I n and initialsl PENNSYLVANIA- Singto Family- Fannlo MaolFroddlo Mae UNIFORM INSTRUMENT Form 30391101 e 1800.2004 ontine Documents. Inc. Page 10 of 14 PAUDE"DL 04 11 09 -19 -2006 9130 BK 1966PG0503 include the plural and vice versa; and (c) the word "may" gives sole discretion wl tout any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interestin the Properly, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security InstrumenL Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred in enforcing this Security Instrument. Including, but not limited to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's Interest in the Property and rights underthis Security instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of thefoilowing forms, as selected by Lender: (a) cash: (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institutionwhose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fuliyeffective as itno acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Salo of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial Interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicor, Borrowerwill be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. K the Note Is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrowerwill remain with the loan Servicer orbe transferred to asuccessor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor lender may commence, join, or be joined to any judicial action (as either an Individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges thatthe other party has breached any provision of, or any duW,4Mved ved Initials: PENNSYLVANIA - Single I'dWy- Fannto MaelFreddle Mac UNIFORM INSTRUMENT Form 3039 1101 ® 1999.2004 Online Documents, Inc, Page 11 of 14 PAUDEOL 0411 09 -14 -2006 9130 8K 1966PGO504 r by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements at Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located ftt relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise triggeran Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but nottimited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrowerpriot•to acceleration following Borrower's broach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things. (a) the default; (b) thoaction required to cure the default; (c) when the default must be cured; and (d) thatfalluro to cure the default as specified may result In acceleration of the sums secured by this Security Inatrumenti foreelosuro by judicial proceeding and Sala of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as spectfled, Lender at Its option may require Immediate payment In full of all sums secured by this Security Instrument withoutfurthor dotmand and may foreclose this Security Instrument by judicial procoeding, Lender shall be enthtod to collect all expenses incurred In pursuing the remedies provided in this Section 22, Including, but not limited to, attorneys' foes and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurronc rider Initialac PENNSYLVANIA- Single Family- Fannie Mae/Freddle Me* UNIFORM INSTRUMENT Form 3019 1/01 0 1998.2004 Online Documents, Inc. Page 12 of 14 PAUDEDL 0111 09 -14 -2006 9t3e 6K 1966PGO505 J. shall discharge and satisfy this Security Instrument. Borrower shall pay any recordationtion costs., ender may charge Borrower a fee for releasing this Security Instrument, butonly if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24, Waivers, Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other solo pursuant to this Security instrument. 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the erms and covenants contained in this Security Instrument and In any Rider executed by B rrow nd recorded with it. ( 3 X- (Seal) HEATHER A HARBOUR PENNSYLVANIA— Single Family..Fannlu Mao/Froddle Mac UNIFORM INSTRUMENT Form 3039 1/01 ® 1£X39.2034 Online Documents, Inc. Page 13 of 14 PAUDEOL 0411 09 -14 -2006 9130 SK 1966PGO506 � Commonwealth f PENRSY VANI County of �ta�vt t 0 this, the /St" day of 64Mk before me, - -e L the u dersigned officer, personally appeared HEATHER V BARBOUR, known to me (or satisfactorily proven) to be the person whose name(s) is /are subscribed to the within instrument and acknowledged that he /sho /they executed the mama for the purposes therein contained. In witness whereof I hereunto set my hand and official seal, My commission expiresr v Title of officer NOTARIAL SEAL BONNIE L COYLE. NOTARY PUBLIC BORO OF CARLISLE. CUMSERLANO CO. PA MY COMG18310H EXPIRES OCTOBER 17, 2000 Gert 'ficate of Residence ►L r t / ` vTf ) do hereby certify that the correct address of thethe wi�•named Mortgagee is 2600 W. BIG BEAV RD TROY HICHICAN 48084 Witness my hand this b day of Agent of Mortgagee Initialsr o PENNSYLVANIA-Single FamilyFarmlo Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 Q IM-2004 Online Documonfo, Inc. Page 14 of 14 PAUDEDL Oa I I 09 -14 -2006 9 %30 8K 1966PGO507 r a LEGAL DESCRIPTION EXHIBIT "A" Mortgage of Heather A. Barbour to ABN AMRO MORTGAGE GROUP, INC. ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Pennsylvania State Highway No. 34, leading from Carlisle to New Bloomfield, which point is also a corner of Lot No. 5 on the hereinafter mentioned Plan of Lots; thence in a Westwardly direction along said Lot No. 5 a distance of One Hundred Fifty -two and Eight tenths (152.8) feet to a point in a line of land now or formerly of George H. Schlusser; thence in a Northwardly direction a distance of Sixty - five (65.0) feet to a point on the Western line of Lot No. 7 on the said hereinafter mentioned Plan of lots; thence in an Eastwardly direction through Lot No. 7 a distance of One Hundred Fifty -two and Eight tenths (15.2.8) feet to a point in the center of the aforesaid Pennsylvania State Highway; thence in a Southwardly direction along the center of the said State Highway a distance of Sixty -five (65.0) feet to a point, the Place of BEGINNING. BEING all of Lot No. 6 and the Southern Fifteen (15.0) feet of Lot No. 7 on that certain Plan of Lots laid out by T. Elliot Middleton, Registered Surveyor, said Plan of Lots being recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book No. 7 at Page 5, and being Plan No. 1 of Schlusser Village. BEING improved with a dwelling house known and numbered as 1916 Spring Road, Carlisle, PA 17013 and Cumberland County Tax Parcel No. 29 -16 -1094 -242. BEING the same premises which Matt S. Harbaugh and Jessica R. Harbaugh, husband and wife, by deed dated and recorded September 15, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book , Page , granted and conveyed unto Heather A. Barbour, single woman, the Mortgagor herein. I Cr.rii f y �'..:is t^ ?,c ICC C d In Curnbciland County IAA Recorder of Deeds 8K f 966PG EXHIBIT "B" l NOTE SEPTEMBER 15, 2006 CARLISLE, PENNSYLVANIA (Date] (City] (Statel 1936 SPRING RD, CARLISLE, PA 17013 (Property Address] 1. BORROWER'S PROMISE TO PAY in return for a loan that I have received, I promise to pay U.S. $119,750.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is ABN AMRO MORTGAGE GROUP, INC. , A DELAWARE CORPORATION. I will make all payments under this Note in the form of cash, check or money order. [understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearty rate of 6.875%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1sT day of each month beginning on NOVMOER 1, 2006. Iwill make these payments everymonth until I have paid all ofthe principal and interestand any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on OCTOBER 1, 2036, 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity bate." I will make my monthly payments at 4242 N. HARLEM AVE. NORRIDGE, IL 60706 ATTN: CASHIERING or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $780.10. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may notdesignate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I awe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amountof the Note. if I make a partial Prepayment, therewill be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. i 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I MR pay a late charge to the Nate Holder. The amount.of the charge will be 5.000 of my overdue payment of principaland interest. I will pay this late charge promptly butonly once on each fate payment, (B) Default if I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay Immediately In full as de cribed above, the Note Holder will still have the right to do so if I am in default at a later time. Initials: MULTISTATE FIXED RATE NOTE•Single Fam?ly- Fannle Mae/Fraddle Mat UNIFORM INSTRUMENT Farm a2aa 1161 0 1989.2004 Online Dwiments, Inc. Page 1 of 2 F3200NOT 0401 09 -14 -2006 9:30 (E) Payment of Note Holder's Costs and Expenses tf the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first - class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if € am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations ofa guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 'Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Nate, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and underwhat conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any interest in the Property is sold or transferred for if Borrower is not a natural person and a beneficial interest in Borroweris sold or transferred) without Lender's priorwritten consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrowerfals to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THEE HA (S) AND SEAL(S) OF THE UNDERSIGNED. f� (Seal) HEATHER A SARBOtiR i FAY TO THE ORDER OF W{1'HOUT RECOURSE ABN MRO MO flT(„ AGE GflOUP, INC. [Sign Original Only] MULTISTATE FIXED RATE NOTE - Single Family- Fannts Mae/Freddie Mae UNIFORM INSTRUMENT Farm 3200 t /01 0 1e99-2004 Online Documents, Inc. Page 2 of 2 F32ooNOT o4ot 09 -14 -2006 9x34 EXHIBIT "C" e ChiMotgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid WSO 7196 9006 9296 6066 9049 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9195 20130319 -168 ' II lit LII1I1IIIIIiIIJrIIIIIInI� '���I'I��IIIIII�111�II��IJ��1� HEATHER A BARBOUR 1916 SPRING RD Send Correspondence to: CARLISLE, PA 17013 -1155 Citi Mortgage. Inc 6400 Las Colinas Blvd. Irving, TX 75063 I CITIPAACT91 s Date: 03/19/2013 Sent Via. Certified Mail 7196 9006 9296 6066 9049 HEATHER A BAR.BOUR 1916 SPRING RD CARLISLE, PA 17013 -1155 RE: Property Address: 1916 SPRING RD CARLISLE, PA 17013 CitiMortgage Loan 9: ACT 91 NOTICE TAIK:E ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an of notice that the mortgage on your horse 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 horse. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE.. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 8 7196 9006 9296 6066 9049 3 ` representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DF.RECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPREINTDE EL CONTENMO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCL6N INMEDIAT.AMENTE LL,AM.ANDO ESTA AGENCIA (P.ENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CA :SA. DE LA PERDIDA DEI.. DERECHO A REDIM.IR SU HIPOTECA. HOMEOWNER'S NAME(S): HEATHER A BARBOUR PROPERTY ADDRESS: 1916 SPRING RD CARLISLE, PA 17013 LOAN ACCT. NO.: wow ORIGINAL LENDER: ABN A1VIRO MORTGAGE GROUP, INC. CURRENT LENDER /SERVICER C':itiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PA EVENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S E_M[ERGENCY 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 'r0 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 A1'PLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR .MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated CITIPAACT91 7196 9006 9296 6066 9049 Page 3 of 8 1 consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you mast fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from fling a foreclosure action, your application MUST be forwarded to PI-f A and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEM4P APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHE4 WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAPVST YOUR PROPERTY, AS EXPLAINED ABOTIE, EV 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 ACTIOAT, BUT IF YOUR APPLICATION IS E)- LNTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTIOAI - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The. Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 7196 9006 9296 6066 9049 Page 4 of 8 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES OATLYAPNTD SHOULD NOT BE CONSIDERED AS AiNATTEMPT TO COLLECTIVE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up tb date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1916 SPRING RD CARLISLE, PA 17013 IS SERIOUSLYIIV DEFAULT because: YOU HAVE NOT M4 DE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/12 through 11/01/12 2 @ $1104.46 /month 2 @ $39.00 /late charge /month $2286.92 12/01/12 through 03/01/13 4 @ $1073.92 /month 4 @ $39.00/late charge /month $4451.68 Previous Late Charge(s): $273.00 Delinquency Expense(s): $94.50 Unapplied Funds: $895.54 TOTAL AMOUNT PAST DUE: $6,210.56 90W TO CURE THE DEFAULT - You may cure the default within THIRTY (3 0) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,210.56, PLUS ANYMORTGAGE PAYMER'.TS'ANO LATE CHARGES WHICH BECOME b(JE DURING THE THIR.TY(30) D,4YPF,R.10D. Payments must be made either ky cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE M FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay o j 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, zip to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incufred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 7196 9006 9296 6066 9049 Page 5 of 8 2 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any tale or other charges then due., reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a 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 Leader: CitiMortgage, Inc. Address: P.U. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 -362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1 -866- 280 -2050 from Puerto Rico. Fax Number: 1- 866 - 940 -8147 Contact Person: MarkAnthony Hartland E -Mail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. r . CITIPAACT91 7196 9006 9296 6066 9049 Page 6 of 8 YOU,VAYALSO RAYS THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES INT ANY CALENDAR YEAR • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT WSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEV E YOU MAY RAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. COATSUAIER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOC,4TED ON THE ATTACHED LIST Iti accordance with the Fair Debt Collection Practices Act, Tittle 15, U.S.C: 1692(8), you may dispute the validity of this debt, or any portion ihereo� if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Boa 790005 St. Louis, MO 63179 -0005 CITIPAACT91 7196 9006 9296 6066 9049 Page 7 of 8 HEIVIAP Consumer Credit Counseling Agencies C", BERLAND County Rcport last updated: 02J19/2013 44:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Deny Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York(Y Housing Resources Maranatha 290 West Market Street 43 Philadelphi a Avenue York, PA 17401 R'aynesboro, PA 17268 717- 855 -2752 717 -762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201. 717 - 234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Iarrisburg, PA 17110 717 - 334 -1518 717- 780 -3940 800- 342 -2397 HC Page of 7196 9006 9296 6066 9049 Y CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 7196 9006 9296 6066 9001 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130319 -168 HEATHER A BARBOUR 28 N ORANGE ST Send Correspondence to: CARLISLE, PA 17013 -2700 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6066 9001 HEATHER A BARBOUR 28 N ORANGE ST CARLISLE, PA 17013 -2700 RE: Property Address: 1916 SPRING RD CARLISLE, PA 17013 CitiMortgage Loan #:S, ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 8 7196 9006 9296 6066 9001 y r 1 � • representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): HEATHER A BARBOUR PROPERTY ADDRESS: 1916 SPRING RD CARLISLE, PA 17013 LOAN ACCT. NO.: ORIGINAL LENDER ABN AMRO MORTGAGE GROUP, INC. CURRENT LENDER/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated CITIPAACT91 7196 9006 9296 6066 9001 Page 3of8 consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHEV 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 ANYTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY AC77ON -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. Y R5 CITIPAACT91 7196 9006 9296 6066 9001 Page 4 of 8 •t , 1 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1916 SPRING RD CARLISLE, PA 17013 IS SERIOUSLYIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10/01/12 through 11/01/12 2 @ $1104.46 /month 2 @ $39.00 /late charge /month $2286.92 12/01/12 through 03/01/13 4 @ $1073.92 /month 4 @ $39.00 /late charge /month $4451.68 Previous Late Charge(s): $273.00 Delinquency Expense(s): $94.50 Unapplied Funds: 895.54 TOTAL AMOUNT PAST DUE: $6,210.56 HOW TO CURE THE DEFA UL - You may cure the default within THIRTY (3 0) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WMCHIS $6,210.56, PLUS ANYMORTGAGE PAY11ENTSAND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 7196 9006 9296 6066 9001 Page 5 of 8 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender. CitiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 - 280 -2050 from Puerto Rico. Fax Number: 1- 866 - 940 -8147 Contact Person: MarkAnthony Hartland E -Mail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. ME CITIPAACT91 7196 9006 9296 6066 9001 Page 6 of 8 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof; if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 7196 9006 9296 6066 9001 Page 7 of 8 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 02/19/2013 04:29 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 - 511 -2227 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 - 234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717- 780 -3940 800 -342 -2397 i HC Page 8of8 7196 9006 9296 6066 9001 VERIFICATION Debra Carroll hereby states that she is employed as Vice President — Document Control of Citimortgage, Inc. the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1 1W, Name: Debra Carroll Title: Vice President - Document Control DATE: _ 7)1V9 1'5 FILE #: 13 -0284 NAME: BARBOUR, HEATHER A. C; 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 } 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 `• C-0 CITIMORTGAGE, INC., AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF NO. IS — VV ! 7 �l COMPLAINT IN VS. MORTGAGE FORECLOSURE HEATHER A. BARBOUR 1916 SPRING ROAD CARLISLE, PA 17013 DEFENDANT 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. t�— 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, El Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑ eghan K. Boyle, Esquire Id. No. 201661 can P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No.312653 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion 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): I • monthly amount $ 2. monthly amount $ Borrower Pay Days: Co- Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel/repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day /Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ❑ No ❑ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No ❑ f. or If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: Phone AUTHORIZATION I /We authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -9690 (fax) 215- 942 -9695 Attention: Jennifer McGarrity (tel) 215- 942 -2090 ext. 1326 i ennifer.mcgarrilygp.kj llc.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY f. Ronny R Anderson Sheriff of ctuNb"'tZ MCQ :ru rr) M = Jody S Smith = G"*.) -1:1,-T Chief Deputy '; t 7i -< M Richard W Stewart `OF-,FlCQ OF TKI SkGRIFF CD c-n CZ CITIMORTGAGE, Inc. Case Number HeaS. ther A Barbour 2013-4447 SHERIFF'S RETURN OF SERVICE 08/05/2013 05:33 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Stacy Hartzell, Occupant who accepted as"Adult Person in Charge"for Occupant at 1916 Spring Road, North Middleton, Carlisle, PA 17013. E DIM DEPUTY 08/06/2013 Deputy Bryan D. Ward, 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: Heather A Barbour at Cumberland County Sheriffs Office, One Courthouse Square, Room 303, Carlisle Borough, Carlisle, PA 17013. 1811Z fAW D. WARD, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, 4� August 06, 2013 RbNqY R ANDERSON, SHERIFF (cl countySufts sheriff,'Teleosoft,111C. t • POWERS,KIRN&JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 s _( JILL MANUEL-COUGHLIN,ESQUIRE Id.No. 63252 T Y ,`"a�. _ MARY F.KENNEDY,ESQUIRE Id.No.77149 r' wi`dJ�r ;r MEGHAN K.BOYLE,ESQUIRE Id. No.201661 ul,?DEC 2 4� r RICHARD J.NALBANDIAN,III,ESQUIRE Id No.312653 ° a •, ! IE : ,a 1310 INDUSTRIAL BOULEVARD C I,°, EFk(.A t it 2nd Floor, SUITE 202 P NNE S YL y COUNT'. SOUTHAMPTON,PA 18966 '���j4 (215)942-2090 CITIMORTGAGE, INC. AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO ABN AMRO MORTGAGE GROUP INC. CUMBERLAND COUNTY 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 No.: 13-4447-CIVIL vs. HEATHER A. BARBOUR 28 NORTH ORANGE STREET CARLISLE, PA 17013 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against HEATHER A .BARBOUR , Defendant for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: • As Set forth in Complaint $117, 761 . 12 Interest 07/27/2013 to 11/26/2013 2545 . 77 TOTAL $120,306.89 I hereby certify that(1)the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with 'ule 237.1, copy att.the l. / .A I Ili r ❑( rego I Javardian, Esquire Id.No. 5.6.9 2s (- 1,IJi1l Manuel-Coughlin, Esquire Id.No. 3252 ❑Mary F. Kennedy, Esquire Id.No. 77149 ❑Meghan K. Boyle, Esquire Id. No. 201661 ❑Richard J. Nalbandian, Esquire Id. No. 312653 Attorneys for Plaintiff Damages are hereby assessed as indicated. �L JbCS 1 DATE: - .. a9 991c PROTHONOTARY �btic-e. Powers,Kim &Javardian, CLC 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.Nalba.ndIan, 111, Esquire id.No. 312653 1310 Industrial Boulevard 2nd Foot; Suite 202 Southampton,Pa 18966 (215)942-2090 Attorneys for Plaintiff CITIMORTGAGE,,INC.AS SUCCESSOR BY In the Court of Common Pleas MERGER TO ABN AMBRO MORTGAGE GROUP INC. CUMBERLAND COUNTY Plaintiff No. 13-4447-Civil vs. Heather A.Barbour Defendant Heather A.Barbour Heather A.Barbour 1916 Spring Road 28 North Orange Street Carlisle,PA 17013 Carlisle,PA 17013 DATE OF NOTICE: Sept&"tuber , 2013 NOTICE, RULE 237.1. IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten (10)days from the date of this notice, a.judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S. Bedford Street Carlisle,PA 17013- Carlisle,PA 17013- Phone:717-243-9400 Phone:717-249-3166 Powers,Kim&Javardian,LLC By: ❑ Gregory Javardian, Esquire Id.No. 55669 ❑ Mary F.Kennedy,Esquire Id.No. 77149 ❑ Meghan K. Boyle,Esquire Id.No.201661 ❑ can P.Mays,Esquire Id.No. 307518 id Richard J.Nalbandian,IIL Esquire Id.No. 312653 Usted se encucntra en estado de rebeldia.por no haber tornado la accion rcquiida de su parts en este easo. Al no tomar la accion debida dentro de un termino de diez(10)dias de esta notilicacion,el tribunal podra,sin neccsidad de compararecer usted en cone o escuchar prueba alguna,dictar sentencia en su contra,usted pucde perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado,o si no tiene dincro su:ficiente para tat servicio, vaya en persona a Ilame por telpfono a la oficina,cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOT"ICE.PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DI 13T AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS,KIRK&JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 JILL MANUEL-COUGHLIN, ESQUIRE Id.No. 63252 MARY F.KENNEDY,ESQUIRE Id.No. 77149 MEGHAN K.BOYLE,ESQUIRE Id.No.201661 RICHARD J.NALBANDIAN,III,ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON,PA 18966 (215)942-2090 CITIMORTGAGE, INC. AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO ABN AMRO MORTGAGE GROUP INC. CUMBERLAND COUNTY vs. No.: 13-4447-CIVIL HEATHER A. BARBOUR VERIFICATION OF NON-MILITARY SERVICE Jill Manuel-Coughlin, Esquire, 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, HEATHER A. BARBOUR , is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, HEATHER A. BARBOUR, is over 18 years of age, and resides at 28 NORTH ORANGE STREET, CARLISLE, PA 17013. (c) Plaintiff, CITIMORTGAGE, INC. AS SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP INC., is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 1000 TECHNOLOGY DRIVE, O'FALLON, MO 63368. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i 1 ❑ rel.ry '.vardian,Esqui a Is% o. 55669 ►/Jill Manuel-Coughlin, Esquire Id. No. 63252 ❑Mary F. Kennedy,Esquire Id.No. 77149 ❑Meghan K.Boyle,Esquire Id.No. 201661 ❑Richard J. Nalbandian, Esquire Id.No. 312653 Attorneys for Plaintiff • - OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: HEATHER A. BARBOUR 28 NORTH ORANGE STREET CARLISLE, PA 17013 CITIMORTGAGE, INC. AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO ABN AMR() MORTGAGE GROUP INC. CUMBERLAND COUNTY Plaintiff No.: 13-4447-CIVIL vs. HEATHER A. BARBOUR Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment _Judgment in Replevin Judgment for Possession by Default _Judgment on Award of Arbitration _Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kirn&Javardian,LLC at this telephone number: (215)942-2090. 111111) /c2/? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND =r1 CITIMORTGAGE, INC. AS SUCCESSOR COURT OF COMMON PLEAS'- ; BY MERGER TO ABN AMRO MORTGAGE GROUP INC. CUMBERLAND COUNTY ;74; 1000 TECHNOLOGY DRIVE -- � O'FALLON, MO 63368 No.: 13-4447-CIVIL `r vs. HEATHER A. BARBOUR 28 NORTH ORANGE STREET CARLISLE, PA 17013 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $120,306.89 Interest from 11/26/2013 to 03/12/2014 @ $19.78 per diem $2096.68 Subtotal $122,403.57 (Costs to be added) /14141161/ / • ❑ rego Javardian,Esquire Id.No. 55 Ji11 Manuel-Coughlin, Es uire Id. No. 63252 OUR � � g Esquire • /► ❑Mary F. Kennedy, Esquire Id.No. 77149 �. Clot- ❑Meghan K. Boyle, Esquire Id. No. 201661 ❑Richard J. Nalbandian, Esquire Id. No. 312653 c `\\VJJ Attorneys for Plaintiff 0� S 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, PA 18966 Va.a5 (215) 942-2090 LJ loos? acigalb r� dE.. /5s-t • ALL THAT CERTAIN lot of ground situate in North Mid�ton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Pennsylvania State Highway No. 34, leading from Carlisle to New Bloomfield, which point is also a corner of Lot No. 5 on the hereinafter mentioned Plan of Lots; thence in a Westwardly direction along said Lot No. 5 a distance of One Hundred Fifty-two and Eight tenths (152.8) feet to a point in line of land now or formerly of George H. Schiusser; thence in a Northwardly direction a distance of Sixty-five (65.0) feet to a point on the Western line of Lot No. 7 on said hereinafter mentioned Plan of Lots; thence in an Eastwar ly direction through Lot No. 7 a distance of One Hundred Fifty- two and Eight tenths (152.8) feet to a point in the center of the aforesaid Pennsylvania State Highway; thence in a Southwardly direction along the center of the said State Highway a distance of Sixty-five (65.0) feet to a point, the Place of BEGINNING. BEING all of Lot No. 6 and the Southern Fifteen. (15.0) feet of Lot No. 7 on that certain Plan of Lots laid out by T. Elliot Middleton Registered Surveyor, said Plan of Lots being recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book No. 7 at Page 5, and being Plan No. 1 of Schlusser Village. BEING improved with a dwelling house known and numbered as 1916 Spring Road, Carlisle, PA 17013. BEING the same premises which N.P. Dodge, Jr., Grantor, as trustee under the trust agreement dated the 14th day of October, 1985, and known as the Trust between National Equity, Inc., a Nebraska Corporation, and N.P. Dodr, Jr., by deed dated August 28, 2003 and recorded in the Ci rnberland County Office of the Recorder of Deeds on November 19, 2003 in Deed Book 260, Page 2104, granted and conveyed unto Matt S. Harbaugh and Jessica R. Harbaugh, husband and wife. BEING THE SAME PREMISES which Matt S. Harbaugh & Jessica R. Harbaugh, husband and wife, by Deed dated 09/15/2006 and recorded 09/15/2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 276, Page 3408, granted and conveyed unto HEATHER A. BARBOUR . BEING KNOWN AS: 1916 SPRING ROAD, CARLISLE, PA 17013 PARCEL#29-16-1094-242 CITIMORTGAGE, INC. AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO ABN AMR() MORTGAGE GROUP INC. CUMBERLAND COUNTY vs. No.: 13-4447-CIVIL HEATHER A. BARBOUR � t-` N n AFFIDAVIT PURSUANT TO RULE 3129.1 4 _ "`_ Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Exutionrt. was filed the following information concerning the real property located at 1916 SPRING ROAD CARLISLE, PA 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HEATHER A. BARBOUR 28 NORTH ORANGE STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: HEATHER A. BARBOUR 28 NORTH ORANGE STREET 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 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 PA Department of Public Welfare Health and Welfare Building—Room 432 Bureau of Child Support Enforcement 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 1916 SPRING ROAD 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 falsific-tion to authorities. ❑ rep Javardian,Esquire Id. 1, 55669 ',Jill Manuel-Coughlin, Esquire d. No. 63252 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id.No. 201661 ❑Richard J. Nalbandian, Esquire Id.No. 312653 Attorneys for Plaintiff November 25, 2013 9n� »:, POWERS,KIRN&JAVARDIAN, LLC t7� t4 0 rF; 1 )Orr ,' GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 t7 D�1, " JILL MANUEL-COUGHLIN, ESQUIRE Id.No. 63252 fi 10: MARY F. KENNEDY,ESQUIRE Id.No.77149 CL/I413 A ' , ` ,�k MEGHAN K. BOYLE,ESQUIRE Id.No.201661 p Q CQU T RICHARD J.NALBANDIAN, III,ESQUIRE Id No. 312653 SYLVAN,'' ( 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 (215)942-2090 CITIMORTGAGE, INC. AS SUCCESSOR COURT OF COMMON PLEAS BY MERGER TO ABN AMRO MORTGAGE GROUP INC. CUMBERLAND COUNTY vs. No.: 13-4447-CIVIL HEATHER A. BARBOUR NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HEATHER A. BARBOUR 28 NORTH ORANGE STREET CARLISLE, PA 17013 Your house (real estate) at 1916 SPRING ROAD, CARLISLE, PA 17013,is scheduled to be sold at Sheriffs Sale on MARCH 12, 2014 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $120,306.89, obtained by CITIMORTGAGE, INC. AS SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP 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, Kim & Javardian, 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 ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Perylvantz, bounded and described as follows: BEGINNING at a point in the center of Pennsylvania State Highway No. 34, leading from Carlisle to New Bloomfield, which point is also a corner of Lot No. 5 on the hereinafter mentioned Plan of Lots; thence in a Westwardly direction along said Lot No. 5 a distance of One Hundred Fifty-two and Eight tenths (152.8) feet to a point in line of land now or formerly of George H. SSchlusser; thence in a Northwardly direction a distance of Sixty-five (65.0) feet to a point on the Western line of Lot No. 7 on said hereinafter mentioned Plan of Lots; thence in an Eastwardly direction through Lot No. 7 a distance of One Hundred Fifty- two and Eight tenths (152.8) feet to a point in the center of the aforesaid Pennsylvania State Highway; thence in a Southwardly direction along the center of the said State Highway a distance of Sixty-five (65.0) feet to a point, the Place of BEGINNING. BEING all of Lot No. 6 and the Southern Fifty (15.0) feet of Lot No. 7 on that certain Plan of Lots laid out by T. Elliot Middleton Registered Surveyor, said Plan of Lots being recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book No. 7 at Page 5,)and being Plan No. 1 of SSchlusser Village. BEING improved with a dwelling house blown and numbered as 1916 Spring Road, Carlisle, PA 17013. BEING the same premises which N.P. Dodge, Jr., Grantor, as trustee under the trust age tent dated the 14`x' day of October, 1985, and '.mown as the Trust been National Equity, Inc., a Nebraska Corporation, and N.P. Dodge, Jr., by deed tinted August 22, 2403 and recorded in the CL rland County Office of the Recorder of Deeds on November 19, 2003 in Deed Book 260, Page 2104, granted and conveyed linto Matt S. riattatig,h and .fe ces 14. Harbaugh, husband and wife. R. BEING TIIE SAME PREMISES which Matt S. I-Iarbaugh11&the sica e of the Relcor u ba Deeds in wife, by Deed dated 09/15/2006 and recorded 09/15/2006 granted and conveyed unto and for Cumberland County in Deed Book Volume 276, Page 3408, g HEATHER A. BARBOUR . BEING KNOWN AS: 1916 SPRING ROAD, CARLISLE, PA 17013 PARCEL##29-16-1094-242 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4447 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due CITIMORTGAGE,INC.AS SUCCESSOR BY MERGER TO ABN AMR()MORTGAGE GROUP INC.Plaintiff(s) From HEATHER A. BARBOUR (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $120,306.89 L.L.: $.50 Interest FROM 11/26/2013 TO 3/12/2014 @$19.78 PER DIEM-$2,096.68 Atty's Comm: Due Prothy: $2.25 Atty Paid: $183.53 Other Costs: Plaintiff Paid: Date: 12/1i/2013 ,i Day.. D.Buell,Prothonotary (Seal) - By: _ Deputy REQUESTING PARTY: Name: JILL MANUEL-COUGHLIN,ESQUIRE Address:POWERS,KIRN&JAVARDIAN,LLC 1310 INDUSTRIAL BLVD 2ND FLOOR,SUITE 202 SOUTHAMPTON,PA 18966 Attorney for:PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 63252 POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 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 THONO 174 14 4PR 30 /UN CU aT1F3 PEf�NSYLVA Iq ;:TlY CITIMORTGAGE, INC. AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP INC. vs. Heather A. Barbour CUMBERLAND COUNTY No.:13- 4447 -Civil NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for March 12, 2014 at 10 A.M. in the above - captioned matter has been continued until May 7, 2014 at 10 A.M. Date: April 25, 2014 [Gregory Javardian, Esquire Id. No. 55669 ❑Jill Manuel - Coughlin, Esquire Id. No. 63252 ❑J lanta Pekalska, Esquire, Id. No. 307968 rr Harry 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 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 215-942-2090 CITIMORTGAGE, INC. AS SUCCESSOR BY MERGER TO ABN AMR() MORTGAGE GROUP INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 vs. HEATHER A. BARBOUR 28 NORTH ORANGE STREET CARLISLE, PA 17013 JUN 10 4i r11: OUNBFRLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13 -4447 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for May 7th, 2014 at 11 A.M. in the above -captioned matter has been continued until July 2nd, 2014 at 11 A.M. Date: June 6, 2014 Powers, Kirn & Associates, LLC ❑Jill Manuel -Coughlin, Esquire Id. No. 63252 ❑Jolanta Pekalska, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 $Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff #13-0284 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 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. S/B/M ABN AMBRO COURT OF COMMON PLEAS MORTGAGE GROUP INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. Heather A. Barbour Defendant No. 13-4447- Civil MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, by its attorneys, POWERS KIRN & ASSOCIATES, LLC and moves this Honorable Court to Permit Plaintiff to obtain Alternative Service and seek an Order permitting service to be effectuated upon the Defendant(s), Heather A. Barbour, by posting a copy of the Notice of Sheriffs Sale and all subsequent pleadings upon the property located at 1916 Spring Road, Carlisle, PA 17013, and by regular and certified mail pursuant to Pennsylvania Rule of Civil Procedure 430 and avers support thereof: 1. Plaintiff filed a Civil Action Complaint against Defendants on July 29, 2013. 2. The Defendants are the owners and mortgagors of the property 1916 Spring Road, Carlisle, PA 17013. 3 Plaintiff, CITIMORTGAGE, INC. S/B/M ABN AMBRO MORTGAGE GROUP INC., is the Mortgagee on said property. 4. Plaintiff has attempted to effectuate service of the Notice of Sheriffs Sale pursuant to Pennsylvania Rule of Civil Procedure 402(a) upon the Defendant(s), Heather A. Barbour at the Defendantslast known addresses. Defendant has no change of address from 1916 Spring Road, Carlisle, PA 17013. A true and correct copy of the Plaintiff's service is attached here as Exhibit "A". 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s) including the following: A. A process server contacted Directory Assistance, which indicated there is no listing for the Defedant(s) at the mortgaged premises. B. Postmaster Letters have been forwarded to the Carlisle Post Office. C. All addresses given have been attempted for service for the Notice of Sheriffs Sale upon the Defenant(s). 6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to Defendant(s)' last known address. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant(s), Heather A. Barbour, by posting a copy of the Notice of Sheriffs Sale and all subsequent pleadings on the property known as 1916 Spring Road, Carlisle, PA 17013, and by regular and certified mail, return receipt requested. POWERS KIRN & ASSOCIATES, LLC BY: 1 3 o JiH Manuel-Cou hlin, Esquire Id. No. 63252 O yanta Pekalska; Esquire Id. No. 307968 a/Harry B. Reese, Esquire Id. No. 310501 o Daniel C. Fanaselle, Esquire Id. No. 312292 o Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy" Richard W Stewart SHERIFF'SSolicitor OFFICE OF CUMBERLAND ����KU���� COUNTY . 4�- +�_M/ ..,to�� uwow�^ 4.6N‘"~ � viOFFICE OF THE EKERIFF �� CITIK4ORTGAGE.Ino. va. Heather A Barbour Case Number 2013-4447 SHERIFF'S RETURN OF SERVICE 01K6/2014 08:11 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of thsted ReaEstale Writ, Notice and Description, arid Sale HandbiU inthe above titled action, upon the property located at 1916 Spring Road, North Middleton - Township, Carlisle, PA 17013, Cumberland County. 02/20/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Heather R. Barbour, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Descnption, in the above titled action, as "Not Found' at 28 N. Orange Street, Carlisle, PA 17013, defendant ro Ionger resides at address stated, current resident does not know defendant, also Not Found al: 43 West South Street, Carlisle, PA 17013, defendant left that office in December of 2013, Also, Not Found at: 109 Bridge Road, Newville, PA 17013, defendant could not be located at address stated, did not leave a forwarding with the Post Office. SHERIFF COST: $1,060.21 February 20, 2014 SO ANSWERS, RON ()CorrnlyStirle Sheriff, Teleosoft, In:, N, SHERIFF ` '-- EXHIBIT "B" Confidential Investigative Services, Inc. ATTENTION: Erin Dormer Powers, Kirn, & Javardian, LLC 1310 Industrial Boulevard Southampton, PA 19107 File #: 13-0284 Plaintiff: CitiMortgage, County: Cumberland VS. Term #: 13-4447-CTVIL Defendant: Heather A. Barbour Locate: Heather A, Barbour Address Given: 1916 Spring Road, Carlisle, PA AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 1) 28 N. Orange Street, Carlisle, PA 17013 2) 43 W. South Street, Carlisle, PA 17013 SEARCH OF INVESTIGATIVE DATABASE SOURCES Investigative database sources report the most current address of the subject is 28 N. Orange Street, Carlisle, PA 17013. INQUIRY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation – Division of Motor Vehicles reports driver's license number is issued to Heather Ann Barbour of 43 W. South Street, Carlisle, PA 17013. The subject's license is current and not due to expire until February 18, 2015. INQUIRY OF U.S. POST OFFICE (FOIA) Requests have been forwarded to the Carlisle Post Office, I will forward their response immediately upon my receipt. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports no listings issued in the subjects name at 28 N. Orange Street in Carlisle, PA or the surrounding area. The telephone company operator reports no listings issued in the subject's name at 43 W. South Street in Carlisle, PA or the surrounding area. CONTACTS 1) Ms. Lehman of 18 advised the tenants at 28 are new and she is not familiar with their names. 2) Cross reference directories report no neighbors with published listings within close proximity of 43 W. South Street in Carlisle, PA. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS 1RUE AND CORR E(7, TO THE BEST OF MY KNOWLED(id. UNDERSTAND TIIAT FALSE STATEMENTS HEREIN ARE MADE SUB3rj TO THE PENALTIES R'ELATING TO UNSWORN FALSIFICATION '10 A VIIIOR BS- AFFLANT: DIANE CONN AN, CLI 235 South 13th Street Philadelphia, PA l!!07 (215) 546-7400 (800) 503-7400 Fax (215) 985-01b9 SCRIBED BEFORE ME THIS , 2014 comiriungo,:_,.; rApiLis... .,........—'--- NOTAINISEAL ICA ROBERTSON; WW1/ Public Ity of Thisiclatork, MM. COvnly Cilitl_W___„ 11114.1.101 Salta (*WOO JO, 414_ l HEATHER ANN BARBOUR, 43 Years Old SSN: Issued: PENNSYLVANIA 1917.1988 DatI9f Birth, Address History 28 N ORANGE ST, CARLISLE, PA 17013-2700 (CUMBERLAND COUNTY) (08131)2012 to 04/28/2014) 43 W SOUTH ST, CARLISLE, PA 17013-3432 (CUMBERLAND COUNTY) (07/2012 to 01/09/2014) 5 Current Commercial Phones Current Cornmerrihl Phones at address (717) 243.1790(ET) - DOUGLAS LAW OFFICE (717) 243-8266(ET) • DOUGLAS LAW OFFICE (717) 243-0139(ET) - LAW OFFICE DOUGLAS (717) 243-8955(ET) - LAW OFFICE DOUGLAS (717) 243-7638(ET) - WILLIAM A ADDAMS 8490 KENSI CT, HUMMELSTOWN, PA 17036-8614 (DAUPHIN COUNTY) (08/2009 to 0812012) 1916 SPRING RD, CARLISLE, PA 17013-1155 (CUMBERLAND COUNTY) (01/1994 to 12/2010) S4bdrvslon Name: SONLUSSER VILLAGE 285 ALTERS RD, CARLISLE, PA 17016-8968 (CUMBERLAND COUNTY) (01(1994 to 10/2008) 658 N HANOVER ST, CARLISLE, PA 17013-1933 (CUMBERLAND COUNTY) {12/14/20(73 to 11/08/2007) AdOress contains: 1 apartment 2 Current Private Phones Current Private Phones at address (717) 254.6105(ET) • ARLINGTON, BETTY JO NOT PUBLISHED - TAYLOR, LORI 1137 SHANNON LN, CARLISLE, PA 17013.1784 (CUMBERLAND COUNTY) (12/2005 tO 06/0912007) Subdivision Name: HIGHLANDS 1 Current Private Phone Current Private Phone at address (717) 249•6865(ET) - GELBAUGH, MITCHELL 251 W RIDGE ST, CARLISLE, PA 17013-4009 (CUMBERLAND COUNTY) (17/10/2002 to 02/0012007) 113 PINE TREE DR, NEWVLLLE, PA 17241-8937 (CUMBERLAND COUNTY) (}011 712 0 0 0 to 01/18/2003) Subdivision Name: LAKE WARREN ESTATES 1 Current Private Phone Current Private Phone at address (717) 486-8465(57) - MINCK, ROBERT PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION APR 28 2014 DRIVER XEATHER ANN BARillOUR 43 'LK souTa ET CARLISLE, FA 17013 DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: FEB 09 2011 LICENSE EXPIRES FEB 18 2015 ORIS ISSUE DATE t JUL 16 1987 MED RESTRICTIONS : NONE LEARNER PERMITS LICENSE STATUS DRIVER LICENSE NO DATE OP BIRTH SEX RECORD TYPE VETERAN STATUS COMMERCIAL DRIVER CDL CETI COL CDL COL COL CDL PAGE .1 : FEB 17 1971 : FEMALE : REG LICENSE : NOT DECLARED LICENSE (CDL) ,,,,,,, •••••••••••••••••• ...... LICENSE CLASS LICENSE ISSUED LICENSE EXPIRES: ENDORSEMENTS ; zION RESTRICTIONS : NONE LEARNER PERMITS: LICENSE STATUS : SB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS LICENSE ORIS ISS PT, LICENSE ISSUED PL LICENSE EXPIRES PL LICENSE STATUS • OCCUPATIONAL LIMITED LICENSE couy Ott LICENSE CLASS OLL LICENSE ISSUED OLL LICENSE EXPIRES : CLL LICENSE STATUS *** END OF RECORD *** Beverley A Fontanella 28 N Orange St Carlisle, PA 17013-2700 Home (717) 218-5455 Bernice L Moore 26 N Orange Si Carlisle, PA 17013-2700 Home (717) 218-5151 Russ R Lehman 18 N Orange St Carlisle, PA 17013-2700 Home (717) 243-9058 Not in service Fax machine Ms. Lehman advised the tenants at 28 are new and she is not familiar with their names. The telephone company operator reports no listings issued in the subject's name at 28 N. Orange Street in Carlisle. PA or the surrounding area. The telephone company operator reports no listings issued in the subject's name at 43 W. South Street in Carlisle, PA or the surrounding area. Cross reference directories report no neighbors with published listings within close proximity of 43 W. South Street in Carlisle, PA. #13-0284 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 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. S/B/M ABN AMBRO COURT OF COMMON PLEAS MORTGAGE GROUP INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. Heather A. Barbour Defendant(s) No. 13-4447- Civil VERIFICATION The undersigned, being duly sworn according to law, hereby depose and say that the facts set forth in the foregoing Motion for Alternative Service are true and correct to the best of my knowledge, information and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. POWERS KIRN & ASSOCIATES, LLC BY: o J1 Manuel -Coughlin, Esquire Id. No. 63252 o a Pekalska, Esquire Id. No. 307968 Harry B. Reese, Esquire Id. No. 310501 o Daniel C. Fanaselle, Esquire Id. No. 312292 o Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff #13-0284 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 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. S/B/M ABN AMBRO COURT OF COMMON PLEAS MORTGAGE GROUP INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. Heather A. Barbour Defendant(s) No. 13-4447- Civil MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 Plaintiff, by its attorneys, POWERS KIRN & ASSOCIATES, LLC moves this Honorable Court to Permit Plaintiff to obtain Alternative Service and seek an Order permitting service to be effectuated upon the Defendant(s), Heather A. Barbour, by posting a copy of the Notice of Sheriffs Sale and all subsequent pleadings upon the property located at 1.916 Spring Road, Carlisle, PA 17013, and by regular and certified mail pursuant to Pennsylvania Rule of Civil Procedure 430. Plaintiff filed a Complaint against Defendants on July 29, 2013. Plaintiff attempted to effectuate service of the Notice of Sheriffs Sale pursuant to Pennsylvania Rule of Civil Procedure 402(a) upon the Defendant(s), Heather A. Barbour at the property known as 1916 Spring Road, Carlisle, PA 17013. The Sheriffs Office has been unable to serve the Notice of Sheriffs Sale on the Defendant(s). The Return of Service indicates the Defendant(s) was/were not found. Plaintiff attempted to effectuate service of the Notice of Sheriffs Sale pursuant to Pennsylvania Rule of Civil Procedure 402(a) upon the Defendant(s), Heather A. Barbour at 28 N. Orange Street, Carlisle, PA 17013. The Sheriffs Office has been unable to serve the Notice of Sheriffs Sale on the Defendant(s). The Return of Service indicates the Defendant(s) was/were not found. Defendant(s) no longer resides at address stated, current resident does not know defendant. Plaintiff attempted to effectuate service of the Notice of Sheriffs Sale pursuant to Pennsylvania Rule of Civil Procedure 402(a) upon the Defendant(s), Heather A. Barbour at 43 West South Street, Carlisle, PA 17013. The Sheriffs Office has been unable to serve the Notice of Sheriffs Sale on the Defendant(s). The Return of Service indicates the Defendant(s) was/were not found. Defendant(s) left that office in December 2013. Plaintiff attempted to effectuate service of the Notice of Sheriffs Sale pursuant to Pennsylvania Rule of Civil Procedure 402(a) upon the Defendant(s), Heather A. Barbour at 109 Bridge Road, Newville, PA 17013. The Sheriffs Office has been unable to serve the Notice of Sheriffs Sale on the Defendant(s). The Return of Service indicates the Defendant(s) was/were not found. There was no response. Pennsylvania Rule of Civil Procedure 430 pelt tits service of process in this action by regular and certified mail to the property address. Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendants by posting on the property known as 1916 Spring Road, Carlisle, PA 17013. POWERS KIRN & ASSOCIATES, LLC BY: h O Jih Manuel-Coughl'n, Esquire Id. No. 63252 • olanta Pekalska, Esquire Id. No. 307968 Harry B. Reese, Esquire Id. No. 310501 o Daniel C. Fanaselle, Esquire Id. No. 312292 o Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff #13-0284 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 Attorney for Plaintiff ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. S/B/M ABN AMBRO COURT OF COMMON PLEAS MORTGAGE GROUP INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. Heather A. Barbour Defendant(s) No. 13-4447- Civil CERTIFICATE OF SERVICE The undersigned, counsel for the Plaintiff, hereby certify that a copy of the Motion for Alternative Service and Motion Cover Sheet was served on the following persons by first class mail, postage prepaid, on the date indicated below. Heather A. Barbour 1916 Spring Rod;Carlisle, PA 17013 43 West South Street, Carlisle, PA 17013 28 N. Orange Street, Carlisle, PA 17013 109 Bridge Road, Newville, PA 17013 Date: POWE S KTRN & SSOCIATES, LLC BY o hi Manuel-Coughlin,Esquire Id. No. 63252 a Pekalska, Esquire Id. No. 307968 Harry B. Reese, Esquire Id. No. 310501 O Daniel C. Fanaselle, Esquire Id. No. 312292 O Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Ell EO-CFFIC: OF THE P RO T HON 0 TAR Y 'JUN 19 PM 2: 5 CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M ABN AMBRO COURT OF COMMON PLEAS MORTGAGE GROUP INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. Heather A. Barbour Defendant(s) No. 13-4447- Civil ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Plaintiff, upon Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleadings submitted in connection with this matter, and for good cause shown; IT IS on this - day of , 20 / , ORDERED that the Motion for *TV Alternative Service of the Notice of Sheriffs Sale and all subsequent pleadings by posting the premises 1916 Spring Road, Carlisle, PA 17013, and by regular and certified mail to the Defendant, Heather A. Barbour's, last known address, is hereby GRANTED. BY THE CURT: c„r fru,t. Lc( 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 CITIMORGAGE, INC. AS SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP INC. vs. HEATHER A. BARBOUR 212[1; jir30 Pi; 3: CLIIIJERL AND PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13 -4447 -CIVIL PETITION TO POSTPONE SHERIFFS SALE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Petitioner, the above named Plaintiff, by its attorney, Powers, Kim & Associates, LLC, respectfully represents that: 1. This matter concerns an action in Mortgage Foreclosure instituted by Plaintiff against the Defendant. 2. Judgment was entered in favor of Plaintiff and against Defendant and a Writ of Execution thereafter issued scheduling the mortgaged premises for Sheriffs Sale on March 12, 2014. The Sheriff's Sale scheduled was subsequently postponed to May 7, 2014 and then postponed again to July 2, 2014. 3. No service made on defendant. 4. Pa.R.C.P.3129.3 permits the Sheriff to postpone a sale, twice, for one hundred thirty (130) days from the original sale date without further advertisement, unless the Court orders otherwise. 5. The sale cannot be postponed again without additional advertising costs without an Order of the Court; therefore, Petitioner requests the Court to enter an Order directing the Sheriff to postpone the Sheriffs Sale to September 3, 2014 6. The Honorable Judge Kevin A. Hess signed an order of court on June 19, 2014 granting Plaintes Motion for Alternative Service. 7. Plaintiff is under the belief the Defendant is not represented by counsel in this matter therefore concordance can only be provided by mail. WHEREFORE, Petitioner requests the Court to enter an Order directing the Sheriff to postpone the Sheriffs Sale until September 3, 2014 upon request of Petitioner, without further advertising or additional notice to lien holders or defendant. Nathan C. Wolf Local Counsel for Plaintiff 0 Jil anuel-Coughlin, Esquire Id. No. 63252 DJ° nta Pekalska, Esquire, Id, No. 307968. fury B. Reese, Esquire, Id. No. 310501 DDaniel C. Fanaselle, Esquire, Id. No. 312292 0Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff POWERS, KERN & 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 CITIMORGAGE, INC. AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP INC. CUMBERLAND COUNTY vs. No.: 13 -4447 -CIVIL HEATHER A. BARBOUR MEMORANDUM OF LAW This matter concerns an Action in Mortgage Foreclosure instituted against Defendant for a mortgage in default in excess of one year. Judgment was entered in favor of Plaintiff -Petitioner and against Defendant and a Writ of Execution thereafter issued scheduling the mortgaged premises for Sheriffs Sale on March 12, 2014. The Sheriffs Sale scheduled was subsequently postponed to May 7, 2014 and then postponed again to July 2, 2014, Pa.R.C.P. 3129.3 provides that the Sheriff is pennitted to postpone a sale, twice, for one hundred thirty (130) days from the original sale, without further advertisement, unless the Court orders otherwise. WHEREFORE, Plaintiff requests that Court postpone the sale without further advertising or additional notice to lien holders or defendant. Nathan C. Wolf Local Counsel for Plaintiff Respectfully submitted, L, , , ,,,,,,,\ Lii Manuel -Coughlin, squire Id. No. 63252 Dialanta Pekalska, Esquire, Id. No. 307968 DI-larry B. Reese, Esquire, Id. No. 310501 D Daniel C. Fanaselle, Esquire, Id. No. 312292 0Matthew J. McDonnell, Esquire Id. No. 313549 POWERS, KIRN 8.: 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 CITIMORGAGE, INC. AS SUCCESSOR BY MERGER TO ABN AMR° MORTGAGE GROUP INC. vs. HEATHER A. BARBOUR VERIFICATION COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 134447-C1VIL Powers, Kim & Associates, LLC, being, duly sworn according to law,, hereby depose and say that the facts set forth in the foregoing Petition to Postpone Sheriff s Sale are true and correct to the best of my knowledge, information and belief and understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. OJill ueI-Coughlin, isquire Id. No. 63252 0.1 anta Pekalska, Esquire, Id. No, 307968 Harry B. Reese, Esquire, Id. No, 310501. Li Daniel C. Fanaselle, Esquire, Id. No. 312292 0 Matthew J. McDonnell, Esquire Id. No. 313,549 Attorneys for Plaintiff POWERS, KIRN 84. 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 1.8966 215-942-200 CITIMORGAGE, INC. AS SUCCESSOR BY MERGER TO ABN COURT OF COMMON PLEAS A/VIRO MORTGAGE GROUP INC. CUMBERLAND COUNTY vs. No.; 13 -4447 -CIVIL HEATHER A. BARBOUR CERTIFICATE OF SERVICE Powers, Kim. Associates, LLC, counsel for the Plaintiff, hereby certify that a copy of the foregoing Petition to Postpone Sheriff' s'Sale was served on thefollowing persons by first class mail, postage prepaid, on June 27. 2014.. Heather A. Barbour 1916 Spring Road Carlisle, PA 17013 Dilli miel-COughlin, squire Id. No„ 63252 13J9 antal'ekalska, Esquire, Id. No 07968 rry B. Reese, Esquire, Id. No. 310501 °Daniel C, Fanaselle, Esquire, Id. No. '312292 0 Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff CITIMORGAGE, INC. AS SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP INC. CUMBERLAND COUNTY vs. No.: 13 -4447 -CIVIL HEATHER A. BARBOUR ORD AND NOW, this day of 2014, upon consideration of the annexed Petition, it is hereby ORDERED AND DECREED that the Sheriff is directed to postpone the Sheriffs Sale scheduled for July 2, 2014 until September32014, without the need for . further advertising or additional notice to lien creditors or defendant. 5%*14 i5 A. .J BY THE COURT: Distribution: ../Powers, Kim & Associates For the Plaintiff H ther A. Barbour Pro Se Defendants Office of the Sheriff Cap "s O�• k. 7 y •,,s 4?L mas A. HO Common Pleas Judge -- POWERS, KIRN &. ASSOCIATES, .:LLC JILL MANUELCOUGHLIN,.ESQUIRE Id. No, 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 30790 HARRY.13: REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE„ ESQUIRE rd No. 3122192 MATTHEW.J..MCDONNELL, ESQUIRE Id No„ 313549 .13:10 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202. SOUTHAMPTON, PA 1.8966 • 215.-942-2090 CITIMORGAGE, INC. AS SUCCESSOR BY MERGER TO AEN COURT OF COMMON PLEAS CUMBERLAND COUNTY AMRO MORTGAGE GROUP INC. vs. No.: I 3 -4447 -CIVIL ,HEAT A. BARBoug CERTIFICATE OF SERVICE Powers, Kirn & Associates, LLC, counsel for the Plaintiff, hereby certify that a copy of the foregoing Petition to Postpone Sheriffs' Sale was served on the:following persons by first class thail,'postage prepaid. on June 27. 2014.. Heather A. )3arbour 1916 Spring Road Carlisle, PA 17013 nuel-COughlin, squire Id. No. 63252 DJ° ulna Pekalska, Esquire, Id. No, 307968 arty B. Reese, Esquire, Id. Nor 310501 0 Daniel C. Farlaselle, Esquire, Id. No. 312292 0 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 1310 INDUSTRIAL BOULEVARD 2nd Floor, SUITE 202 SOUTHAMPTON, PA 18966 215-942-2090 Attorney for Plaintiff CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMR() MORTGAGE GROUP INC. PLAINTIFF VS. HEATHER A. BARBOUR DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 13 -4447 -CIVIL AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 Plaintiff, by and through its undersigned counsel, say: 1. On July 15, 2014, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendant, Heather A. Barbour, by a private process server. 2. On January 23, 2014, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "A". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Jill anuel-Coughlin, squire Id. No. 63252 ❑J anta Pekalska, Esduire, 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 Dated - ND ADDRESS OF SENDER CATE TYPE OF MAIL CHECK APPROPIATE BLOCK FOR POSTMARK AND DATE OF RECEIPT Powers, Kirn & Javardian 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 X Certificate Mailing 0 Insured 0 COD 0 Certified Mail Registered Mail: 0 With Postai Insurance 0 Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee S.H. Fee Rest. Del. Fee —..._—_______ - Remarks 1 Cumberland. County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 ' •=1=1.....arammesior g 7ienallIF.AIMMY 2 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 3 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 ;-, 4 Tenants/Occupants • 1916 SPRING ROAD CARLISLE, PA 17013 `' (' • ; ___? 5 /j ,. 6 7 Total Numbed Pieces Listed Sender r. of by 1(Name • / POSTMASTER, PER of receiving empl. ee) ` The full declaration of value is required on all dome...,,,,....— ...._... _. _.._ . registered mail. The maximum indemnity payable for nonnegotiable _documents under Express Mail document reconstruction insurance is S50,000 per piece subject to a limit of S50,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is 5500. The maximum indemnity payable is S25,000 for Registered Mail, 5500 for COD and 5500 for Insured Mail. Special handling charges apply only to Third- and Fourth -Class parcels. Special delivery service also includes special handling service. PS FORM 3877 00401.7761 13-0284 Barbour erd R REGISTERED, INSURED, C.O.D., CERTIFIED, A WEATHER A.BARBOUR 28 NORTH ORANGE STREET CARLISLE, PA 17013 SENDER: crd REFERENCE: Harbour 13-0284 9314 8699 0430 0000 0199 90 PS Form 3300 Janua 2005 RETURN RECEIPT SERVICE LISPS• Receipt for Certified Mail"' No Insurance Cowmgo Patradoe Do Not Uso for Internai"tonat Mai WALZWALZ Form No:35663NB FI ►Io5ITL5(YUIgJS" Version:02/13 To reorder forms, contact us at: sales@walzgroup.com (800) 882-381 1 www.walzgroup.com WALZ SOLUTIONS: © WALZ CERTIFIED MAILERS': Patented forms and software to automate your in-house process © WALZ OUTSOURCING SERVICES : Comprehensive Outsourcing Solutions for compliant type mailings, utilizing Certified Mail" and First -Class Mail' services OTRACKRIGHT° :Tracks USPS°Delivery events, images and updated status O STORERIGHT°:Return Receipt and Unclaimed Mail storage and records management system I Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND._ COUNTY I': \ ' , n- �f OFC OPT,' i ER': U F Nti, CITIMORTGAGE, Inc. vs. Heather A Barbour Case Number 2013-4447 SHERIFF'S RETURN OF SERVICE 01/06/2014 08:11 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1916 Spring Road, North Middleton - Township, Carlisle, PA 17013, Cumberland County. 02/20/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Heather R. Barbour, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 28 N. Orange Street, Carlisle, PA 17013, defendant no longer resides at address stated, current resident does not know defendant, also Not Found at: 43 West South Street, Carlisle, PA 17013, defendant left that office in December of 2013, Also, Not Found at: 109 Bridge Road, Newville, PA 17013, defendant could not be located at address stated, did not leave a forwarding with the Post Office. 03/11/2014 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriff's Sale Continued to 5/7/2014 05/07/2014 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 07/01/2014 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriff's Sale Continued to 9/3/2014 09/03/2014 Ronnie Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Harry Reese, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,362.36 September 29, 2014 c) County: ,, sheriff, Teleoscft. Inc. SO ANSWERS, RONNY R ANDERSON, SHERIFF yes e oo On December 20, 2013 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 1916 Spring Road, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: December 20, 2013 By: V �l [LLt Real Estate Coordinator r ,L LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-4447 Civil Term CITIMORTGAGE, Inc. vs. Heather A. Barbour Atty.: Gregory Javardian ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Pennsylvania State Highway No. 34, leading from Carlisle to New Bloomfield, which point is also a corner of Lot No.5 on the hereinafter mentioned Plan of Lots; thence in a Westwardly direction along said Lot No.5 a distance of One Hundred Fifty two and Eight tenths (152.8) feet to a point in line of land now or formerly of George H. Schlosser; thence in a Northwardly direction a distance of Sixty-five (65.0) feet to a point on the Western line of Lot No.7 on said hereinafter mentioned Plan of Lots; thence in an Eastwardly direction through Lot No.7 a distance of One Hundred Fifty_ two and Eight tenths (152.8) feet to a point in the center of the aforesaid Pennsylvania State Highway; thence in a Southwardly direction along the center of the said State Highway a distance of Sixty-five (65.0) feet to a point, the Place of BEGINNING. BEING all of Lot No.6 and the Southern Fifteen (15.0) feet of Lot No.7 on that certain Plan of Lots laid out by T. Elliot Middleton Registered Surveyor, said Plan of Lots being re- corded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book NO.7 at Page 5,: and being Plan No.1 of Schlusser Village. Being Improved with a dwelling house known and numbered as 1916 Spring Road. BEING the same premises which N.P. Dodge, Jr., Grantor, as trustee under the trust Agreement dated the 14th day of October, 1985 and known as the trust between National 15 Equity, Inc., a Nebraska Corporation, and N.P. Dodge, Jr., by deed dated August 28, 2003 and recorded in the Cumberland County Office of the Recorder of Deeds on November 19, 2003 in Deed Book 260, Page 2104, granted and conveyed unto Matt S. Harbaugh and Jessica R. Harbaugh, husband and wife. BEING THE SAME PREMISES which Matt S. Harbaugh 86 Jessica R. Harbaugh, husband and wife, by Deed dated 09/15/2006 and recorded 9/15/2006 in the Office of the Recorder of Deeds in and for Cumberland County In Deed book Volume 276, Page 3408, granted and conveyed unto HEATHERA. BARBOUR. BEING KNOWN AS: 1916 5PRING ROAD, CARLISLE,PA 17013. PARCEL#29-16-1094-242. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. _ , itj, isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this da of February, 2014 -44.) W Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 -The Patriot -News Co. " ' t 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be patriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 013-4447 Civil Term ITIMORTGAGE, Inc. Vs Heather A Barbour Atty: Gregory Javardian ALL THAT CERTAIN lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the ceI of Pennsylvania State Highway No. 34, leading from Carlisle to New I Bloomfield, which point is also a corner of Lot No.5 on the hereinafter l mentioned Plan of Lots; thence in a Westwardly direction along said Lot No.5 a distance of One Hundred Fifty two and Eight tenths (152.8) feet to a point in line of land now or formerly of George H. Schlosser nce in a Northwardly direr ion a distance of Sixty-five (65.0) feet to a point on the Western line of Lot No.7 on said Sworn This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 4/,2:3)/„. and subscribed before a this 18 day of February, 2014 A.D. U eili la blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public My Washington onw., Dauphin Expires Dec. County216 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 2nd day of December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 4447, at the suit of CitiMortgage Inc against Heather A Barbour is duly recorded as Instrument Number 201424913. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3n (9-tak_ , A.D. day of (') c 41 corder My Corn Recorder of Deeds eds, Cumberland County, Carlisle, PA sion Expires the First Monday of Jan. 2018