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HomeMy WebLinkAbout13-5118 Supreme Co, Vo :`Pennsylvania Cone Of <Comrooi Pleas For Prothonotary Use Only: Clvil`C±averSheet Docket No: CUMBERLAND County 11 __�� , wl� I I � - :� I 1 � 1 j 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 lair or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO,J RICHARD K. GAVER T Dollar Amount Requested: nwithin arbitration limits I Are money damages requested? 0 Yes El No (check one) x©outside arbitration limits O N Is this a Class Action Suit? D Yes El No Is this an MDJAppeal? Yes El No A Name of Plaintiff /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC. 0 Check here if you have no attorney (are a Self - Represented (Pro Se[ Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Q Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Q Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle E] Debt Collection: Other E] Board of Elections Nuisance 0 Dept. of Transportation Q Premises Liability 0 Statutory Appeal: Other S E] Product Liability (does not include mass tort) El Employment Dispute: E Q Slander/Libel/ Defamation Discrimination 0 C 0 Other: Employment Dispute: Other Zoning Board Q Other: , I 0 Other: O MASS TORT El Asbestos N E] Tobacco Toxic Tort - DES Q Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B Other: 0 Eminent Domain /Condemnation Declaratory Judgment Ground Rent Q Mandamus 0 Landlord/Tenant Dispute © Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY M Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition El Replevin El Legal Q Quiet Title Other: [3 Medical E] Other: 0 Other Professional: Updated 1/1/2011 { POWERS, KIRN & JAVARDIAN, LLC ' Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 t~ r F"1LEQ- GFF1C;- Meghan K. Boyle, Esquire Id No. 201661 r HE PR 0 plot - Sean P. Mays, Esquire Id No. 307518 TARY Richard J. Nalbandian,111, Esquire Id No. 312653 13 30 [', 10 1310 Industrial Boulevard, Suite 101���, Southampton, PA 18966 LANQ COUNTY (215) 942 -2090 ATTORNEY �MN $UVA'MW CITIMORTGAGE, INC., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE CIVIL DIVISION GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF NO. J ,3 VS. COMPLAINT IN MORTGAGE FORECLOSURE RICHARD K. GAVER 41 RICHARD AVENUE SHIPPENSBURG, PA 17257 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 S g9YO IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 Sean P. Mays, Esquire Id No. 307518 Richard J. Nalbandian, III, Esquire Id No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942 -2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF NO. VS. COMPLAINT IN MORTGAGE FORECLOSURE RICHARD K. GAVER 41 RICHARD AVENUE SHIPPENSBURG, PA 17257 DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. Citimortgage, Inc., 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. Richard K. Gaver (hereinafter referred to as "Defendant ") is an adult individual residing at 34 Lynbrook Lane, Doylestown, PA 18901. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee by Assignment. The Mortgage, dated November 21, 1997, was recorded on November 26, 1997 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1418, Page 605. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on August 31, 2000 in the Office of Recorder of Deeds in Cumberland County in Book 653, Page 961. A copy of the Mortgage and Assignment of Mortgage is attached and made a part hereof as Exhibits `A' and `B'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on November 21, 1997 in the original principal amount of $29,750.00, which is payable to Plaintiff in monthly installments with an interest rate of 8.25000 %. A copy of the Note is attached and made a part hereof as Exhibit `C'. 1 5. The land subject to the mortgage is 41 Richard Avenue, Shippensburg, PA 17257. 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 41 Richard Avenue, Shippensburg, PA 17257. 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 $22,770.46 Interest to 09/07/2013 $1,126.73 Accumulated Late Charges $67.02 Inspections $27.00 O/S BPO $150.00 Release Fee $55.50 Less Unapplied Funds ($11.17) Less Escrow Balance ($584.94) TOTAL $23,600.60 plus interest from 09/08/2013 at $5.1467 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 May 6, 2013. A copy�of the Notice is attached and made a part hereof as Exhibit `D'. WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendant, in the sum of $23,600.60, together with interest, costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. POWERS, KIRN & JAVARDIAN, LLC BY: ❑Gregory Javardian, Esquire Id. No. 55669 ❑ M y F. Kennedy, Esquire Id. No. 77149 EINAghan 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" RECORD AND RETURN TO: MELLON MORTGAGE COMPANY P. 0. BOX 4883 HOUSTON, TEXAS 77210 '97 Hou 0n 8 09 /J!' ,� . Abo °.Thu or aeaerdl Data) MORTGAGE 684377 THIS MORTGAGE ( "Security Instrument') is given on NOVEMBER 21 1997 , no mortgagor is RICHARD R GAVER MELLON MORTGAGE COMPANY, A COLORADO CORPORATION ("Borrower'). This Security Instrument is given to which is organized and e:dsting under the laws of THE STATE OF COLORADO and whop addrop is 1775 SHERMAN STREET, SUITE 2300, DENVER, COLORADO 80203 ("Lender'). Borrower owes Lender the principal sum of TWENTY NINE THOUSAND SEVEN HUNDRED FIFTY AND 00 /100 - - - - -- Dollars (U.S. $ 29, 750.00 ).This debt is evidenced by Borrower's note dated the some date as this Security Instrument ("Note'), which provides for monthly payments, with the full deb; if not paid earlier, due and payable on DECEMBER Ol 2027, This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of thim Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION HERETO AND MADE A PART HEREOF. which has the address of 41 RICHARD AVENUE SHIPPENSHURG ,Pennsylvania 17257 ("PropertyAddre s"y PM py oesl 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 addition@ shall 0160 be covered by this Security Instrument. All of the foregoing is referred to in thin Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right W mortgage, grant and convey the Property and that the Property is unencumbered, except for encumMsnces of recordorrower warrants , B and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of rocord. Boor 418 tac 605 VG PENNSYLVANIA - Single Family • Fannie MeelFfeddle Mae UNIFORM INSTRUMENT Form 7010 9100 PA7e • 06091 Pea. i of a l i I THIS SECURITY INSTRUMENT combine. uniform covenants for national use and non - uniform covenants with limited variation. by juriediction toconstitute a uniform security instrument covering real property. ' UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum (Tunda') for. (a) yearly tlacee nnd assessment. which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums, (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lander, in accordance with the provisions of paragraph g, In lieu of the payment of mortgage insurance premiums. These items are called "Escrow Item.." Lender may, at any time, collect and hold Funds in an amount not to exceed the mmrdmum amount . a lender for a federally related mortgage loan may require for Borrower's secrow account under the federal Real Estate. settlement Procedures Act of 1974 so amended from time to time, 12 U.S.C. 6 2001 w seq. ( "IMMA7% unless another law that appuss to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser i amount. Lender may 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 such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lander may not charge Borrower for holding and applying the Funds, annually analyzing the escrow amount, or verifying the Escrow Items, unlem Lender pays Borrower interest on the Funds and applicable law permits L op.der to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan. unless applicable law provides otherwise. Unless an alit"M.nt js made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any intoroat or earnings on tha iu As. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Under shall give to Bocrowor, without charge, an annual accounting of the Funds, #bowing credits and debits to the Funds and the pntposs for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Initcumint. If the Funds hold by Lender exceed the amounts permitted to be held by applicable law, Lander shall account taBerruwar for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by iandit at oily time is not sufficient to pay the Escrow Items when due, Lander may no notify Borrower in writing, and, in such case Borrower shall. pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no mom than twelve monthly payment., at Lenders sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lander shall promptly rotund toBorruwer any Fund. held by Lander. If, under paragraph 21, Lender shall acquire or sell the Property, Lander, prior to the oRpisition or was orthe Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. g.AppllcationofPayments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Nots; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and lest, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and Impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lander all notiose of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lander receipts evidencing the payments. 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 Lander, (b) contests in good faith the Ben by, or defends against enforcement of the lien IN legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lander subordinating the ban to this Security Instrument. if Lender determines that any part of the Property is subject to a Ben which may attain priority over this Security Instrument, Lander may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. LKarardor Property Ln#annoe. Borrower shell keep the improvements now existing or hereaRer erected on the Property insured against lose by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. Tide insurance shall be maintained in the amounts and Its the periods that Lender requires. The Insurance carrier providing the insurance shall be chosen by Borrower subjatt to Landers appsaval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Under's option, obtain coverage to protect Lenders rights In the Property in accordance with paragraph 7. Bilov M FA6E 666 ICI {G rnz. error P.O. 2 car y All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender an receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of lose if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically foible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be loseened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Barrowar. If 1lorrowor abandons the Property, or dose not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to secured by thin Security Instrument, whether or ndt then due. The 80.da PaY some Y preriod will begin when the notice ie given. Unless Lender and Borrower otherwise agree in writing, any application of pn000sds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property in acquired by Lender, Borrower's right to any insurance policies and proceeds resulting ffom damage to the Property prior to the acquisition shall pees to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. a. gooupanoy, Preservatioss, Maintenance and Protection of the Propartyp Borrovrar's Loan Application= Leasebolds. Borrower shall occupy, establish, and use the Property as Borrowe{o principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one Year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Judgment Borrower slaty be in default i any forfeiture action or proceeding, whether civil or criminal, is begun that in lends {s g faith judgment could result is forfeiture of the Property or otherwise materially impair the lien created by tide Security Instrument or Lendm'e security interest. Borrower may cure such a default and rainetate, an provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Batrowsr'r interest in the Property or other material impairment of the lien coated by this Security Instmmont or Londe {s security Interest. Borrower shall else be in default if Borrower, during the loam application process, gave materially false or inaccurato information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the + i Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If thin Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the loan. 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. 7. Proteotion of Lander'. Rights in the Property. If Burrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as e proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations% then Lender may do and pay for whatever is necessary to protect the value of the Property and Undoes rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over We Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this Paragraph 7. Lender doss not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unlese Borrower and Lender agree to other terms of payment, these amounts Shen bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. S. Mortgage Insaranos. If Lender required mortgage insurance as a condition of making the lam secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in sffecL It for any reason, the mortgage insurance coverage required by Lender lapses or cease to be in effect. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage In not available, Borrower shah pay to Lender each month a sum equal to _ one - twelfth or the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender win accept, use and retain these payments as a loin reserve in lieu of mortgage insurance. Lose reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage On the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and to obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lander or applicable law. B.Inspeotion, Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give nnrmwer notice at the Limo oror prior to nn inspection spocllyfng rennnnblo muso for Lho inspection. Mr. QW11 hour 1 1s'8PAGF ,.607 ?KG- Pass a of s t 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby. cosigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security buetrnnrent, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which - QW.fair market value of the Property immediately berate the taking is equal to or greater than the amount of the sums .wtuti l this Security Instrument Immediately before the taking, unless Borrower and Lander otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the follaavinig ftiedop; (a) Wr..total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property inmt"4absly before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in whiilair market value of the Property Immediately before the taking is leas than the amount of the sums secured imnw",y . ;the taking, unless Borrower and Lander otherwise agree in writing or onlese applicable law othemwiss ptovidee, the aiiall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, of ar notice by Lander to Borrower that the condemnor oRere to make an award or settle a claim for damages, Borrower fails to respond to Lender within 80 days after the date the nodes I'm ,given, Lander is authorised to collect and apply the proceeds, at Its option, either to restoration or repair of the Prop" or to the sums . secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shell not extend or postpone the due date of the monthly payments refered to in paragraphs 1 and 2 or change the amount of such payments. U. Borrower Not Released; Forbearance By Lender Nat a Waiver. Extension of the time for payment or madiftatlon of amortization of the sums secured by this Security Instrument granted by Lander to may successor in interest orleiZowsr shall not operate to release the liability of the original Borrower or Borrower's sucoesson in Interest Lander shall not be required to commence proceedings against any successor In interest or refuse to extend time for payment or otherwise niodil , amortization of the sums secured by this Security Instrument by reason or any demand made by the original 866orwror Borrower's successors in interest Any forbearance by Lander in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right "remedy. 1% Successors and Assipae Bound; Joint and Savored Liability; Coaipese. The covenants and agrspmenb of this Security Instrument shall bind and benefit the sumessors and assigns of Lander and Borrower, sal4oct to the ptovid�mt of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who oo-sigiusAids.- Saeartty Instrument but does not execute the Note: (a) is cosigning this Security Instrument only to moctgpge, giant and. convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally ob'1Q*i@d topry ths:oume secured by this Security Instrument; and (c) agrees that Lender and any other Harrower may Dares to eaitead, modijy, ibeiaesr or - make any accommodations with regard to the terms of this Security instrument or the Note without tbat•Bagsrowss's oausent 18. Loan Charges. If the loan secured by this Security Instrument is subject to a law which eats maximum loan clz spa, and that law is finally interpreted an that the interest or other loan charges collected or to he ebBected in oori adon with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to meduoi the ch&W to the permitted limit; and (b) any sums already collected flan Borrower which exceeded permitted lfraits will be rot ttilk id to Borrower. Lander may choose to make this refund by reducing the principal owed under the Note or by maidny a Airoct, at to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any FM60yriani q under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shell be given by delivering_ft or by it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Prop4V /tdR or any other address Borrower designates by notice to Lander. Any notice to Lender shall be given by tlrst.dasi Wmit to Ladder's address stated herein or any other address Lander designates by notice to Borrower. Any notice provid.d for in tide boiiirity Instrument shall be deemed to have been given to Borrower or Lander when given as provided in this paragraph. 16. Governing Lew; Ssverabllity. This Security Instrument shall be governed by federal law: and the, law of the jurisdiction in which the Property is located. In the event that say provision or clalaee of tide Security Instrument or the Note conflicts with applicable law, such conflict shall not affeet other pr;Asions of this Security Instrument or the Note which atn be given effect without the conflicting provision. To this and the provisions of this Security Instrument and the Not* are dadmired to be severable. 16. BorrowoOs Copy. Borrower shall be given one confirmed copy of the Nob and of this Security Instrument 17. Triturator of the Property or a Baseflcial IeiervA in If all or any part of the Property or colts' interest in it is cold or transferred (or if s beneficial interest In Borrower Is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lander may, at Its option, require immediate payment in flail of aB tugtesen}rediry two Security Instrument However, this option shall not be ssarcized by Lander if exercise is prohibited by federal law o orthe date of this Security Instrument Burl4HPAGL B08 RKG FF7 4- abet Peee ore ` If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period af less then 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by tide Security Instrument. If Borrower fails to pay them same prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand an Borrower. I&Borrowes+s Right toReinstate. If Borrower meats certain conditions, Borrower shall have the right to have enforcement of this Security. Instrument discontinued at any time prior to the earlier oil (a) 6 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of gals contained in tide Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Thom conditions an that Harrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note e4 if no acceleration had occurred. (b) curse any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attoroeys' fees•, and (d) takes such action as Lander may reasonably require to assure that the lien of this Security Instrument, Lander's rights in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and th obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note•, Change of Loan Serviaer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer ") that collects monthly payments due under the Note and this Security Instrument. There aim may be one or more changes of the Loan Servicer unrelated to a sale of the Nots. If there Is a change of the Loan Ssrvicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or raise" of a Hazardous Substances on or in the Property. Borrower shall not do, nor . allow anyone else to do, do, anything affecting the Property that is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, u", or storage on the Property of small quantities of Hazardous Substances that are generally recognized te be appropriate to normal storage uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remodial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" ere those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materiels. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction when the Property Is located that relate to health, safety or environmental protection. NON - UNIFORM COVENANTS. Borrower and Lender farther covenant and agree as follows: 2L Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowar's breach of any covenant or agreement In this Security Instrument (but not prior to aaoaleration under paragraph 17 unless applicable Law provides otherwise). Lender shall notIO Borrower of, among other things: (a) the default; (b) the notion required to cure the default; (a) when the default must be cured; and (d) that failure to ooze the default as specified may result in acceleration of the sums secured by this Security Instrument, for minause by judicial P and sale of the Property. Under shall farther inform Borrower of the right to reinstate al! nocalemUonn and the Le he right to assert in the foreclosure r pzoossding the nos- a>ddenw of a default or 0 th defense of Borrower to acceleation and foreclosure. U the default is not cured as speciII any o er ed, Lander at its option may require immediate payment in fall of all seas seamed by this Security Instrument without Bothe demand and easy frrsolose r this Security Instrument by judicial prooeeding. Lender shall be entitled to collect an expenses incurred In pursuing the remedise provided in this Paragraph 21, inc costs of title evidence to the extent permitted by applicable law. luding, but not limited to, attorneys' fe "and B RI 4M PACE 609 � K KG Ms. oseu P.r. t.re t i 22. Rates". Upon payment of all some secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lander shall discharge and sati* this Security Instrument without charge to Borrower. Borrower shall pay any recordation costa. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and raloaess any error or defects in.prooso4ings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of eZeeation, extension of time, exemption from attachment, levy and sole, and homestead exemption. 24. Rsinetatoment Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding eta sheriMe sale or other sale pursuant to this Security Instrument, 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate AtterJudgment. Borrower agrees that the internet rats 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. 27. Riders to this SeasrUy Instrument. If one or more riders are executed by Borrower and recorded together with thia Security instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the ride ls) wets a pert of this Security Instrument. [Check applicable box(ss)) E3 Adjustable Rate Rider Condominium Rider ga 14 Family Rider E] Graduated Payment Rider E] Planned Unit Development Rider E] Biweekly payment Rider E] Balloon Rider E3 Rats Improvement Rider ❑ Second Home Rider E3 Othello) (specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(a) executed by Borrower and recorded with it. Witnesses- (Seal) RICt+'ARD K GAVER - Borrower (Seal) -Borrower ' (Seal) - Borrower lapses aolew Tits Ues ter Mkao>.ledamest) STATE OF PENNSYLVANIA I CUMBERLAND County W On this, the 21ST day of NOVEMBER 1997 , before me, the undersigned ) appeared RICHARD K GAYER �Na --tttL, satisfactorily y proven) to be the person whose name IS subscribed to the within lnetrumasrt` HE executed the same for the purposes heroin contained. IN WITNESS WHEREOF. al. My commission expires: BorarlsaNWPpu0plyb My CommYalor �'XO- Sept. t8, . m n ofOfEcer Certificate of Residence of Mortgagee MELLON MORTGAGE COMPANY Mortgagee within named, hereby certifies that its principal place of businem is at 1775 SHERMAN STREET, SUITE 2300, DENVER, COLORADO 80203 t . By: ran . oaMr PeP a ere BBOY. i 118 PAGE Gi0 ALL THAT CERTAIN lot of ground situate in the Township of Shippensburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the South side of Richard Avenue at the Easterly property line now or formerly of Orville Baughman; thence with same Richard' Avenue North fifty -seven (57) degrees thirty (30) minutes East to a point at line of other land now or formerly of George W. Hosfeld at al known as 43 Richard Avenue; thence with the same South thirty -two (32) degrees thirty (30) minutes East one hundred forty -seven and two tenths (147.2) feet to a fourteen (14) foot public allay; thence with same alley South fifty -one (51) degrees West twenty -three and seventy -six hundredths (23.76) feet to a point at line of said Orville Baughman; thence by Orville Baughman land North thirty -two (32) degrees thirty (30) minutes West one hundred fifty (150) feet to the place of BEGINNING. sorl4i8tA E 611 1 -4 FAMILY RIDER Assignment of Rents 684377 THIS 14 FAMILY RIDER is made this 21ST day of NOVEMBER 1997 and is stru incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of 1}uet or Security peed (the "Security Inment ") of tho same date given by the undersigned (the "Borrower') to secure Borrower's Note to MELLON MORTGAGE COMPANY, A COLORADO CORPORATION (the "Lender') of the same date and covering the Property described in the Security Instrument and located at: 41 RICHARD AVENUE, SHIPPENSBURG, PENNSYLVANIA 17257 [P .v..V Add 14 FAMILY COVENAN'T'S. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPSR7YSUBJECTTO THE ORCTIRYTY VMittlMENT. In addition to the Property described in the Security Instrument, the following items an added to the Property description, and shall also conetititte the Property covered by the Security Instrument building materials, appliances and goods of every nature whatsoever now or huvaltior located in, on, or used, or intended to be used in connection with the property, including, but not limited to, those for the purposes of supplying or distributing hseting, cooling, electridty , Bps, water, air and Ught, fire prevention and extinpds}dng apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water clorb, sinus, ranges, stoves, . refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, ocm*ns, blinds, ehat&0, curtains and curtain rods, attached mirrors, cabinets, panelling and attached floor coverings now or hereafter attached h the all of which, including replacements and additions thereto, shall be deemed to be and remain a po Property, part of the Pro the vexed by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leashhold "Prate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WI'T'H LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with ell laws, ordinances, regulations and requirements of any governments] body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lenders prior written permission. D. RENTLOSS INSURANCE. Borrower shall maintain insurance against rent lose in addition to the other hazards for which insurance is required by Uniform Covenant 6. R. BORROWER'SRIGHTTORMNSTATE"DEX=— Uniform Covenant 18 is deleted. F. BORROWRRS OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first sentence in Uniform Covenant 6 concerning Borrowers occupancy of the Property is deleted, All remaining covenants and agreements set forth in Uniform Covenant 6 shall remain in effect. O. ASSIGNMENT OF LEASES. Upon Lenders request, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lenders sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN PONIESION. Borrower absolutely and unconditionally assigns and travelers to Lender all the rents and revenues ("Rents') of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes lender or Landers agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lenders agents. However. Borrower shall receive the Rents until (1) Lender has given Borrower notice of default pursuant to paragraph 21 of the Security Instrument and (ii) Lender has given notice to the tenants) that the Rents are to be paid to Lander or Lenders agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. MULTISTATE 1"4 FAMILY RIDER "Fs note MsefFreddia Mae Uniform Instrument Pars - os�sr Form 7170 9/110 I'se• t et x 800!'1 f 8 6GE U2 i i If Lender gives notice of breach to Borrower. (f) all Rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (it) Lender shall be entitled to collect and receive all of the Rents of the property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lends {s agents upon Lenders written demand to the tenant; (iv) unless applicable low provides otherwise, all Rants collected by Lender or Lendeth agents shall be applied first to the coda of taking control of and managing the Property and collecting the Rents. Including, but not limited a, atterney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument•, (v) Lander, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (A) Lender shall be entitled to have a receiver appointed to take poem -don of and manage the Property and collect the Rents and profits derived in= the Property without say showing as to the Inadequacy of the Property ex security. If the Rents of the Property arc not sufficient to cover the mats of taking control of and managing the Property and or collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 7. Borrower represent@ and warrants that Borrower has not executed any prior assignment of the Rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lends {s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or afar giving notice of default to Borrower. However, Leader, or Lender's agents or a judicially appointed — - receiver may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rena of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. L CROSS- DEBAULT PROVISION. Borrowe{s default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. . BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 14 Family Rider. I .51 'a W / �) RICRARD R GAVSR - s•a•— (Seal) (Beal) State of Pennsylvania (8eal) County of Cumberland 86 eRrr..r Recorded in h office for the recording of Deeds and f �t�befland County, qqt@_^s In -t n Vo PegXQ. witn ss y ha: of ofR �7 Carli hi 9 Reeo '` r A• o r � K ± •Orr rN77. ose Pea. x era t . EXHIBIT "B" V ROOZ T r. 71ECLER RECORDIR OF DEEDS CUMBERLAND OOUNTY-PA Recording Requested By I Return To: Pee ox1 Cempl Corpo CA 95009.1710 '00 AUG 31 PM 12 22 Assignment of Mortgage For Good and Valuable Consideration, the sufficiency of which is hereby acknowledged, the undersigned, CHASE MORTGAGE COMPANY-WEST, a Colorado corporation FKA Mellon Mortgage Comppany whose address is 3415 Vision Drive, Columbus, OH 43219.6009 (Assignor) by these presents does convey, grant, ala, sell, assign, transfer and set over the desaibed mortgage, together with the carteun notels described therein with all interest, all liens, and any rights due or to become due thereon to: ABN AMRO MORTGAGE GROUP, INC., a Delaware corporation Saidawrtgg the Commonwealth of PA, County of Cumberland (Assignee) Original Mortgagor RICHARD K GAVERn page 605 Date of mortgage: 11121197 IN WITNESS WHEREOF, the undersigned corporation has caused this Instrument to be executed by Its proper officer who was duly aulhorized by a resolution of its board of directors. Dated: Appril 17 2000 CHASE NiORTdAGE COMPANY -WEST By vice President State of California County of Santa Clara On 08/02/2000, before me the undersigned, a Notary Public for old County and State, personally' appeared N. An personally Surown to me to be the person that executed the foregoing inswment snaacknowled�gqa�d� that she Is Vice President of CHASE WRTGAGE COMPANY•WEST, and that she executed the foregoing Instrument pursuant to a resolution of its board of directors and that such execution was. done as the free act and deed of CHASE MORTGAGE COMPANY-WEST. _rr� i MAR( >S MACIMACIEL x.1195214 e rrorrarrvaue•rrsuwrsu .. . � Cp �E�Ia�M 490e2� otary: rcos Racia My Commission Expires August 31, 2002 Prepared yy E.N. Harrison, Pae5a Mans arnent Corp., P.O. Box 1710 Campbell, CA 1 et LN /; 5802013382 2nd LN#. 0001087174 Investor #. 920828665 FINAL A.0 chase722 90722 11 080200 FHL 37 -041 PA Cumberland 3369 Sort 5278 BGGS 653 Pace 961 I EXHIBIT "C" S FHLMC 926828665 1 ., P 9712096064 F CON 9712096064/MMC 00000006t1�137i t M. 684377 rm Al RICHARD AvENUF '-1 ® , . r.O "l',191 Chase In# 5802013382 Inv l n# 0001067174 NOVEMBER 21 ,19 97 CAMP HILL eetrpst yAN1A ' fact 41 RICHARD AVENUE, SHIPPENSBORG, PENNSYLVANIA 17257 IPrtportvlmroee{ 1. RORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U 8 $ 29,750 00 (this amount is called "principal "). plus interest, to the order of the Lender The Lender is MELLON MORTGAGE COMPANY, A COLORADO CORPORATION I understand that the Lender may transfer this Note The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note to called the'Note Holder " 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid I will pay interest at a yearly rate of 8 25000 % The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 8(B) of this Note 3, PAYMENTS (A) Tune and Place of Payments I will pay principal and interest by making payments every month I will make my monthly payments on the 01STday of each month beginning on JANUARY 01 19 98 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note My monthly payments will be applied to interest before principal If, on DECEMBER 01 2027 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the 'maturity date I will make my monthly payments at 1775 SHERMAN STREET, SUITE 2300, DENVER, COLORADO 80203 or at a different place if required by theNeto Holder (B) Amount of Monthly Payments My monthly payment will be in the amount of U S $ 223 51 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 to known as a "prepayment " When I make a prepayment, I will tell the Note Holder in wnting that I am doing so I may make a full prepayment or partial prepayments without paying any prepayment charge The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note If I make a partial prepayment, there will be no changes to the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes 5, LOAN CHARGES If a law, which applies to this loan and which seta maximum loan charges, is finally interpreted no that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (it) any sums already collected from we 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 tome Ira refund reduces pnncipal, the reduction will be treated as a partial prepayment 6, BORROWER'S FAILURE TO PAY AS REQUHUM) (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it to due, I will pay a late charge to this Note Holder The amount of the charge will be 5 000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling we that if I do not pay the overdue amount by a certaln data, the t Note Holder may require me to pay immediately the Hill 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 in delivered or mailed to me (D) No waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so dI am in default at a later time (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately to hill me described above, the Note Holder will have the right to be paid back by me for all of its coats and expenses in enforcing this Note to the extent not prohtbtted 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 matling it by first class mail to the Note Holder at the address stated to Section 3(A) above or at a different address if I am given a notice of tbat different address MULTISTATE FiXED RATE NOTE Sinels Family FNMAIFHLMC UNIFORM INSTRUMENT Form 3200 12/83 Page lor2 FNOB 01 /80 it.',_IILIGATIONS OF PERSON NOTE If more than one person signs this N'M each person is hill; And personally obligated to keep ail of the promises made in thus Note, including the promise to pay the full amount owed Any person who is a guarantor, surety or endorsor of this Note is also obligated to do these things Any person who takes over these obligationa, including the obligations of a guarantor, surety or endorser of thus 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 Secunty Instrument' ), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in thus Note That Security Instrument describes how and under whet 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 Transfer of the Property or a Benafueul Interest in Borrower U all or any part or the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders pnor written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Louder I exercise is prolubited by federal law as of the date of this Security Instrument rf Lender exercises this option. Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by tlus Security Instrument If Borrower fails to pay these aums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower WITNESS THE HAND(S) AND SEALS) OF THE UNDERSIGNED Beet) RICHARD K LAVER BO}fOir°r (Hes)) 13 r —r (Seal) earrswsr (Seal) Buro.a WITHOUT RECOURSE PAY TO THE ORDER OF (Sign Orgpnol Only) MELON MORTGAGE COMPANY Z CYNTHIA L GRES ETT A SSST VJCE P i Pay. 9 of 9 ?Nis 01189 EXHIBIT "D" CitiMortgage, Inc PRESORT PO Box 9090 First-Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid w SO 7196 9006 9296 7012 6532 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130506 -168 "1 IC "I�III RICHARD K GAYER 34 LYNBROOK LN Send Correspondence to: DOYLESTOWN, PA 18901 -2816 CitiMortgage. Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 Date: 05/06/2013 Sent Via Certified Mail 7196 9006 9296 7012 6532 RICHARD K GAVER 34 LYNBROOK LN DOYLESTOWN, PA 18901 -281.6 RE: Property Address: 41. RICHARD AVE SHIPPENSBURG, PA .1.7257 CitiMortgage Loan #:' ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE-PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEIVAP 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 9 7196 9006 9296 7012 6532 r representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJIJ'NTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLA.MA.NDO ESTA AGF..NCIA (PEN.NSYLVA.NIA 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. HOMEO'WNER'S NAME(S): RICHARD K GAVER PROPERTY ADDRESS: 41 RICHARD AVE SHIPPENSBURG, PA 17257 LOAN ACCT. NO.: �r ORIGINAL LENDER: MELLON A40RTGAGE COMPANY CURRENT LENDEWSERVICER: 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 -HAKE FUTURE MORTGAGE PAYMENT S IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TIM ".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 ML/ST OCCUR WITHIN THIRTY-THREE (33) DAIS 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 ,4GENCIES - 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 numhers of designated CITIPAACT91 7196 9006 9296 7012 6532 Page 3 of 9 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 dgfizult). You have the right to apply for financial assistance from the Homeowner's Emergency 11 , fortgage 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 counsleling 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 PFIFA and received within thirty (30) days of'your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HE'l1AP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELLVG AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PII"IA WITHIN 30 DAYS OF TII"AT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAEVED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU H,AYE THE RIGHT TO FILE A IIEMAP APPL ICATION EYF.N BEYOND THESE TIMES PERIODS A LATE APPLICATIONr WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTIOAT, BUT IF YOUR APPLICATION IS EIBNTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be noted directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 7196 9006 9296 7012 6532 Page 4 of 9 NOTE: IF YOUARE CURRENTLY PROTECTED BY THE FILING OF PETITION IN BANKRUPTCY, THE FOIL OWING PART OF THIS NOTICE IS FOR INPORAIATIONPURPOSES 0ATLYAlt SHOULD NOT BE CONSIDERED AS ANA TTE.41PT TO COLLECT THE DEBT (Ifyou 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: 41 RICHARD AVE SHIPPENSBURG, PA 17257 IS SERIOUSLYIN DEFAULT because: YOU IIAPE NOT 'I'IADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 03/01/13 through 05/01/13 3 @ $340.36 /month 2 @ $11.17 /late charge /month $1043.42 Previous Late Charge(s): $11.17 Delinquency Expense(s): $13.50 Unapplied .Funds: ;$11.17 TOTAL AMOUNT PAST DUE: $1,056.92 110W TO CURE THE DEFAULT - You may cure the default within THIRTY (3 q) DAYS of the date of this notice. BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LEADER, W1-HCHIS $1,056.92, PLUS ANY MORTGAGE PAYt1I NTSAND LATE CHARGES WHICHBECOAff DUE DURING THE YWRTY(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 12218 Tucson, AZ 85732 -2218 IF YOU DO NOT CURE THE DEFAULT - ff 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. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its 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 leader, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then CITIPAACT91 7196 9006 9296 7012 6532 Page 5 of 9 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 ghat such a Sheriff c 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. 110W TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address. P.O. Box 12218 Tucson, AZ 85732 -2218 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 Uniteei States or Dial 1- 866 -280 -2050 from Puerto Rico. Fax Number: 1-866-940-8147 Contact Person: MarkAnthony Hartland E -JUail Address: markantliony.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 OFIVIORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume (lie 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. YOU MA F ALSO HA YE THE RIGHT. * TO SELL THE PROPERTY TO OBTAN 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, D YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT FLAVE 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 LINDER THE FEDERAL BANKRUPTCY LAW. HE CITIPAACT91 7196 9006 9296 7012 6532 Page 6 of 9 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE A.TTAC1"Ili1) LI'S'T In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1642(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 12218 Tucson, AZ 85732 -2218 CITIPAACT91 7196 9006 9296 7012 6532 Page 7 of 9 7 HEMAP Consumer Credit Counseling Agencies FRANKLIN County Report last updated: 03/2012013 02:18 PM Advantage Credit Counseling Service /CCCS of Western .PA Advantage Credit Counseling SerAce /CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -51.1 -2227 Community Action Commission of Capital Region Housing Alliance of York/Y Housing Resources 1514 Derry Street 290 West Market Street Harrisburg, PA 17104 York, PA 17401 717- 232 -9757 717 - 855 -2752 Maranatha. PathStone Corporation 43 Philadelphia Avenue 450 Cleveland Ave Waynesboro, PA 17268 Chanibersburg, PA 17201 717- 762 -3285 717- 264 -5913 PA Interfaith Community Programs Inc 40 E High Street. Gettysburg, PA 17325 717- 334 -1518 Y "t C Page8of9 7146 9006 9246 7012 6532 t HEMAF Consumer Credit Counseling Agencies CUMBERLAND County Repot last updated: 03/20/7013 02:18 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 Nest Market Street 43 Piuladelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717 -762 -3285 PathStone Corporation PathStone Corporation 1625 Nortli Front St 450 Cleveland Ave Harrisburg, PA 17102 Chatnbersburg, 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 HC Page 9of9 7196 9006 9296 7012 6532 CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 7196 9006 9296 7012 6549 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130506 -168 Ililul RICHARD K GAVER 41 RICHARD AVE Send Correspondence to: SHIPPENSBURG, PA 17257 -1448 CitiMrxtgage. Inc 6400 Las Colinas Blvd. Irving, TX 75063 0 CITIPAACT91 v Date: 05/06/2013 Sent Via Certified Mail 7196 9006 9296 7012 6549 RICHARD K GAYER 41 RICHARD AVE SHIPPENSBURG, PA 17257 -1448 RE: Property Address: 41 RICHARD AVE SHIP PENSBURG, PA 1.7257 CitiMortgage Loan #: 1119820905 ACT 91 NOTICE TAI�:E 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 E MERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program E works. To see if HEIVAP can help, you roust 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). 1 This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 9 7196 9006 9296 7012 6549 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LI.,AMANDO 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 DEL, DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): RICHARD K GAVER PROPERTY ADDRESS: 41 RICHARD AVE SHIPPENSBURG, PA 17257 LOAN ACCT. NO.: 1119820905 ORIGINAL LENDER: MELLON MORTGAGE COMPANY CURRENT LENDERSERVICER: 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 PAYMENZS 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 (plu.s 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 IIOW 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 7012 6549 Page 3of9 i consumer credit counseling agencies for the county in ivi ich the property is located are set,fvrth at the end of this Rrozice. 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 11 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 coum-zeling 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 MLIST be forwarded to P11FA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A IIEMAP 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 PREI�ENTED FROM STARTING A FORECLOSURE AG,4L7VST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED `°T UPORARY STAY OF FORECLOSURE. " YOU HAYS THE RIGHT TO FILE A IIE *MAP APPLICATION EVEN BEYOND THESE TIiVE PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTIOfV, BUT IF YOUR APPLICATION IS EYENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 7196 9006 9296 7012 6549 Page 4 of 9 r NOTE. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONPURPOSES ONLYA /VD SHOULD NOT BE CONSIDERED AS ANA TTEAIPT TO COLLECT THE DEBT. (Ifyoa have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) .HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). IVATURE OF THE DEE4 ULT - The MORTGAGE debt held by the above lender on your property located at: 41 RICHARD AVE SHIPPEINTSBURG, PA 17257 IS SERIOUSLYLV DEFAULT because: YOU HAI E NOT :MADE MONTHLY MORTGAGE PAYMENTS for the following months and the fbllowing amounts are now past due: 03/01/13 through 05/01/13 3 @ $340.36 /month 2 @ $11.17 /late charge /month $1043.42 Previous Late Charge(s): $11.17 Delinquency Expense(s): $13.50 Unapplied .Funds: ($11.17 TOTAL AMOUNT P,ASTDUF_: $1,056.92 110 TO CURE THE DEFAULT - You may cure the default within THIRTY (3 0) DAYS of the date of this notice. BY P11 PING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,056.92, PLUS ANY MORTGAGE PAY16ENTSAND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 12218 Tucson, AI 85732 -2218 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 xdthin THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff'lo pay off the mortgage debt. ff the lender refetrs 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 attorneys fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable, attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - 77re lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the SheHff's Sale. You may do so by paying the total amount then CITIPAACT91 7196 9006 9296 7012 6549 Page 5 of 9 past due, plus any late or other charges then due, reasonable attorneys fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale axs specired in writing by the lender and by performing arty 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 [lie 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 12218 Tucson, AZ 85732 -2218 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 -.Bail Address: markanthony .b.hartland@cit.i.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. ASSU1t1PTION 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. 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 PAYOFF 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 I-LAVE 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 INSTJTUTED 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. CITIPAACT91 7196 9006 9296 7012 6549 Page 6 of 9 y CONSUMER CREWT 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.0 160(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof; within (his thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMort.,— Inc. P.O. Box 12218 Tucson, AZ 85732 -2218 CITIPAACT91 7196 9006 9296 7012 6549 Page 7 of 9 } v- HEMAP Consumer Credit Counseling Agencies FRANKLIN County Report last updated: 03120/2013 02:18 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service /CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 - 511 -2227 888 -511 -2227 Community Action Commission of Capital Region Housing Alliance of York/Y Housing Resources 1514 Derry Street 290 West Market Street Harrisburg, PA 17104 York, PA 17401 717- 232 -9757 71.7- 855 -2752 Maranatha PathStone Corporation 43 Philadelphia Avenue 450 Cleveland Ave Waynesboro, PA 17268 Chambersburg, PA 17201 717 -762 -3285 717 -264 -5913 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 HC Page 8 of9 7196 9006 9296 7012 6549 ti HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 03/20/2013 02:18 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 '�tJest 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 1.7102 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 llarfisburg, PA 17110 717 - 334 -1518 717- 780 -3940 800 -342 -2397 HC Page _9of9 7196 9006 9296 7012 6549 o VERIFICATION Patrick A Daines, hereby states that he /she is employed as Vice President — Document Control of Citimortgage, Inc., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Name t- V W IC � y9 . , Title: DATE: r ( 3 FILE #: 13 -0881 NAME: GAVER, RICHARD K. lie THE P RO R �F IC�� POWERS, KIRN & JAVARDIAN, LLC 1 ' f t [ A N 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., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF 2 NO. VS. COMPLAINT IN MORTGAGE FORECLOSURE RICHARD K. GAVER 41 RICHARD AVENUE SHIPPENSBURG, PA 17257 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. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. Date Respectfully submitted, ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑Me han K. Boyle, Esquire Id. No. 201661 ❑ an P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian,llI, 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: $ IF MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): 1. monthly amount $ 2. monthly amount $ Borrower Pay Days: Co- Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel /repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day /Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ❑ No ❑ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No ❑ If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: Phone AUTHORIZATION I /We authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard 2 "d Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -9690 (fax) 215- 942 -9695 Attention; Jennifer McGarrity (tel) 215- 942 -2090 ext. 1326 ienn_. ifer.mcga] coin SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . . ui H{. Sheriff u I a , of !.ZUNt,,,tr r? t °Jody S Smith Iw, Ea „ Chief Deputy k Z[11.3 �. � 0 � �� , sq4 Richard W Stewart ' _JNN B RL A t' D uiJr! 14' Solicitor , yI '„E1h.'. PENNSYLVANIA CITIMORTGAGE, Inc., S/B/M to ABN AMRO vs. Case Number Richard Gayer 2013-5118 SHERIFF'S RETURN OF SERVICE 09/04/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard Gayer, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Bucks, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/05/2013 11:31 AM- Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Cree Jones, Tenant, who accepted as"Adult Person in Charge”for Occupant at 41 Richard Avenue, Shippensburg Townsh' , S 'ppensburg, PA 17257. LLIAM CLI , DEPUTY 09/23/2013 02:00 PM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Bucks County upon Richard Gayer, personally, at 34 Lynbrook Lane, Doylestown, PA 18901. Edward Donnelly, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $60.06 SO ANSWERS, :,- X":1 September 23, 2013 RONIR ANDERSON, SHERIFF :cu [ ,, ,,,;.-,,--r t Ne;>so ;r;_ BUCKS COUNTY (\ OC SHERIFF'S RETURN 1 of I Bucks County Case# 201332176 Filed 08/30/2013 in CUMBERLAND COUNTY Bucks Case# 201332176 Rec'd 09/11/2013 Invoice to be mailed to Special Instructions CUMBERLAND County Sheriffs Office Attn: CUMBERLAND COUNTY Action Civil Action COMPLAINT Plaintiff CITIMORTGAGE INC -VS- DefendaCt RICHARD GAVE 34'LYNBROOK LANE DOYLESTOWN,PA 18901 Address Served if Different GREGORY JAVARDIAN ESQ, Special Instructions rved er Pa. R.C.P.#402 (A)(i)Defendant personally served (A)(2)(i)Family Member (A)(2)(i)Adult in Charge of Residence (A)(2)(ii)Manager/Clerk at Deft's Lodging (A)(2)(iii)Person in Char e of Busi ess By Handling to R i���,„i e V By Posting Not Served 30 Days Ran Out Defendant Not Home Defendant Moved Address Vacant Defendant Unknown Deputy needs better address Checked Post Office No Forwarding Forwarding Address Twp./Boro 6 o�! 1�,S 1G co Notes By Deputy r O`✓ O Witness - - --- _ _ f, At '�r�0 o'clock(AM c...1)on "` '' The abov'- document 411M/ebie=d on the defendant as per information listed above in t e County of Bucks,Commonwealth of i Pennsylvania. So answers: f; 4 1 ' ' Affirmed and Subscribed befo eon this day 917 / /3 Prothontary Affirmed and subscribed before me on this day / / Notary Public My Com.Exp. ZONE 7 97/ --.,