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HomeMy WebLinkAbout13-5889 Supreme Court of Pennsylvania courr f Co on Pleas C1� WCo�ler SheCt For Prothonatary Use Orrlt: CUMBE "LAN��;` CollritV Docket No: �+ rt Jr ., The information collected on ibis form is used solely for court administration Inlip ses. This form does not supplement or replace the filing and set�•ice of pleadings or othcrycrPers as required by lati -r or• rules of corn•t. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin C Lead Plaintiff's Name: Lead Defendant's Name: T CitiMortga e, Inc. Russell P. Freeman, et al I Are money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits check one ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appel]ant's Attorney: Patrick J. Wesner, Esquire ❑ Check here if you have no attorney (are a Self- Represented IPo Sep 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 y ou consider most important. TORT (do not include Mass Tort) CONTRACT (do not include judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution El Motor Vehicle ❑Debt Collection: Credit Card El Board of Assessment ❑ Nuisance ❑ Debt Collection: Other ❑ Board of Elections ❑ Premises Liability ❑ Dept. of Transportation ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑ Employment Dispute: S ❑ Slander/Libel /Defamation Discrimination El Other: E ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T MASS TORT I ❑ Asbestos ❑Other: Q ❑ Tobacco N ❑ Toxic Tort — DES ❑ Toxic Tort — Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste ❑ Ejectment El Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warr anto ❑ Dental ❑ Partition F1 Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: MILSTEAD & ASSOCIATES, LLC I # PRO THok rAiY' BY: Patrick J. Wesner, Esquire ID No. 203145 1 30CT - 9 AM": 48 220 Lake Drive East, Suite 301 C" fBERi Cherry Hill, NJ 08002 � EMYSYL COA dT r (856) 482 -1400 Attorney for Plaint File: 88.28243 CitiMortgage, Inc. COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY O'Fallon, MO 63368, Plaintiff, . Vs. � No.. Russell P. Freeman CIVIL ACTION MORTGAGE 1.7 Sinclair Road FORECLOSURE Mechanicsburg, PA 17055, and Susan R. Freeman 17 Sinclair Road Mechanicsburg, PA 17055, Defendants 0 :9. 7S Qf� Ck-A � � &6 P - 09 1.0b sv 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 defenses 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON 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 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices wilt provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482 -1400 Attorney for Plaintiff CitiMortgage, Inc. COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY O'Fallon, MO 63368, I I Plaintiff, No.. Vs. CIVIL ACTION MORTGAGE Russell P. Freeman FORECLOSURE 17 Sinclair Road i Mechanicsburg, PA 17055, and Susan R. Freeman 17 Sinclair Road Mechanicsburg, PA 17055, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, CitiMortgage, Inc. (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1000 Technology Drive, O'Fallon, MO 63368. 2. Defendants, Russell P. Freeman and Susan R. Freeman, (collectively, the "Defendants "), are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated December 29, 1999, recorded January 3, 2000 in Deed Book 214, Page 344, Instrument 2000 - 000052. The Deed is attached hereto as Exhibit "A" and made a part hereof. 3. Defendant Russell P. Freeman, upon information and belief, resides at 17 Sinclair Road, Mechanicsburg, PA 17055. Defendant Susan R. Freeman, upon information and belief, resides at 17 Sinclair Road, Mechanicsburg, PA 17055. 4. On April 10, 2003, in consideration of a loan in the principal amount of $218,700.00, the Defendants executed and delivered to Primary Residential Mortgage, Inc. a note (the "Note ") with interest thereon at 5.250 percent per annum, payable as to the principal and interest in equal monthly installments of $1,473.70 commencing June 1, 2003. The Note is attached hereto as Exhibit `B" and made a part hereof. 5. To secure the obligations under the Note, the Defendants executed and delivered to a mortgage (the "Mortgage ") dated April 10, 2003, recorded on April 16, 2003 in the Department of Records in and for the County of Cumberland under Mortgage Book 1806, Page 0718. The Mortgage is attached hereto as Exhibit "C" and made a part hereof. 6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded May 22, 2013 under Instrument 201316852. The recorded Assignment of Mortgage is attached hereto as Exhibit "D" and made a part hereof. 7. The Mortgage secures the following real property (the "Mortgaged Premises "): 17 Sinclair Road, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit `B" and made a part hereof. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due December 1, 2012, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Principal Balance ................ ....................$142,443.45 Accrued but Unpaid Interest from 11/1/12 to 9/2/13 .................... ......................$6,252.39 Accum Late Charges .............. ........................$663.12 Servicing Fees .......................... .........................$55.50 Escrow Advance Balance ...... ......................$3,395.02 Foreclosure Charges ................ .........................$54.00 TOTAL as of 09/02/2013 .... ....................$152,863.48 Plus, the following amounts accrued after September 2, 2013: Interest at the Rate of 5.250 percent per annum ($20.4884 per diem); Late Charges per month if applicable. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ( "Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 17 Sinclair Road, Mechanicsburg, PA 17055 on March 19, 2013, the notice pursuant to § 403 -C of Act 91, and the applicable time periods therein have expired. The Act Notices are attached hereto as Exhibit "F" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $152,863.48, plus the following amounts accruing after September 2, 2013, to the date of judgment: (a) interest of $20.4884 per day, (b) late charges per month if applicable, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit.: MILSTEAD & ASSO IATES, LC Date: 10 Pa J. e Attorney for Plaintiff» VERIFICATION Debra Carroll hereby states that he /she is employed as a Vice President - Document Control of CitiMortgage, Inc., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFF T: B c�wZ 3 I r Pr int: Debra Carrot Title: Vice President- Document Control, employed by CitiMortgage, Inc. Plaintiff: CitiMortgage, Inc. Date: 3 "� File #: 88.28243 Name: Russell P. Freeman Susan R. Freeman Exhibit A i DEED WARRANTY IND. OR CORP. I PARCEL NO.: 22 -24- 0783 -026 This Deed, made the qt day of ► 1999 Between AUDREY S. EARNEST, Widow herein designated as the Grantors, i And RUSSELL P. FREEMAN and SUSAN P. FREEMAN, Husband & Wife I herein designated as the Grantees, i WkwenwIt, that the Grantors, for and in consideration of TWO HUNDRED SIXTY THOUSAND AND 001300 DOLLARS ($260,000.00) lawful money of the United States of America, to the Grantors in hand well and truly paid by the j Grantees, at or before the sealing and detivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith f lly satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, i ALL THAT CERTAIN tract or Panel of land and premises, situate, lying and being in the Township of Morava in the County of Cumberland and Commonwealth of Pennsylvania, j more particularly described as joilows: BEGINNING at a point on the public road leading from Trindle Spring to Williams Grove, j known as Sinclair Road (T -S68), at the corner ojthe land herein described and lands now or 1 formerly of Charles Eichelberger, thence by said lands and lands now orformerly of Frank L. Black Jr, north 86 degrees and 00 minutes east four hundred ninety-nine and ninety -five hwndredths (499.95) feet to an iron pin in the Trindle Run; thence by said Rim, south one (OJ) degree east one hundred eighty-eight and zero hundredths (188.00) jeer to an iron pin in what was formerly the Pennsylvania Railroad at a bridge, which Railroad was also jrmerly the Mechanicsburg and DillsburgRailroad,• thence by lands now or formerly of Roger Jumper, south 13 degrees 00 minutes west two hundred nin ht and six egr , ety -erg ty-fve hundredths (298.65) feet to an Iron pin in what was formerly the said Pennsylvania Railroad;- thence by the saine, j south 23 degrees 30 minutes west two hundred eighty and five hundredths (280.5) feet to an iron j pin in what was formerly the said Pennsylvania Railroad at line of lands now or formerly of Cletus Taylor, • thence by said last mentioned lands, north 83 degrees 37 minutes west two hundred twenty and seventy -two hundredths (220.72) feet to ap.k, nail in the aforesaid public road; thence north 9 degrees 15 minutes west forty -six and fif ern hundredths (46.15) feet to a p.k nail,- thence by said publicread, north 8 degrees 30 minutes west six htmdredforty-six (646) feet to the place of BEGINNING. CONTAINING six and forty-four hundredths (6.44) acres and being improved with a two and one- halfstory stone house. soon 21.1 344 I J "' i I I i i i BEING described according to new survey of Charles W. Jenkins, Regisfered Surveyor, dated �-- April 12, 1988. BEING the same premises which Me First Bank and Trust Co of Mcchanicsburg Administrator i C.T.A. ofthe Estate of Anna K Keyser, and The FiNrl Baakand Trust Co. ofldec ianicsburg, Administrator C T.A. of the Estate ofMary K. Fetterhoff, by Deed dated June 29. 1988 and recorded June 29. 1988 in the Office of the Recorder of Deeds in and for Cumberland County, j Pennsylvania, in Deed BookK -33, page 895, granted and conveyed unto Lewis L. Earnest and I Audrey S. Earnest, his wife. 771ESAID Lewis L. Earnest having passed away on October 11, 1995 thereby vestingsole title unto Audrey S Earnest, his wife, by operation of law. C O n ^ ri i I i t i f. I I i -- 1 i . 1 s O NO P72 j bbox 214 ME -3 WO ig kS S'sisis I Together wish all'and singular the•baildivas, improvements, ways, woods, water, watercourses, rights, liberties, hereditaments and appurtenances to the same belonging or in anywise gppertaintng, -and the rswersion and reversions, remainder and remainders, rents, issues and profits thereof, and of n mY part and parcel tlfereof• And Also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in Equity, or, in and to the premises herein described and every pan and parcel thereof with the appurtenances. To HaveAnd To Hold all and singularthe' premises herein described together with the hereditaments and appurtenances unto the Grantees and the Grantees'proper use and benefet forever. And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed against the Grantors and all other persons lawfully claiming the same or to claim the same. 1 In all references herein to anyparties, persons, entities or corporations, the use ofany particulargender or the plural or singular number is intended to include the appropriate gender j or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as ifthe words heirs, executors administrators, personal or legal representatives, successors and assigns "has been inserted after each and every such designation. In Witness Whereof, the Grantors have hereunto set their hands and seats, or if a corporatian, it has caused these presents to be signed by its proper corporate off cers and its corporate seal to be affixed hereto, the day and year first above written. i I Signed, Sealed and Delivered i in the presence of or / Attested Oy AUD S.- ARNEST r i i r Commonwealth of Pennsylvania, County of� }ss: / G � Be It Remembered that on before me the subscriber personally appeared AUDREY S. EARNEST and +� known tome (or satisfactorily proven) to be the person whose name is subscribed to the within deed and acknowledged that she executed the same for the purposes therein contained. I Witness my hand and seal the day and year aforesaid t .. .., L'.,..,Y.l.„ynitbno• t �,, iut.27.2008 K �s - +�Ol�,� e a6ndaM.w c tAh1MWBaru ry Punbnlityyc #�• 0, W Caminimin fire, tAC. 2), 2002 tY y rn.r.eoinarA, your. 2 i.4 PAGE: 340" t i r I i i I. i. l r • i i Commonwealth of Pennsylvania, County of }SS: Be It Remembered, that on before me the subscriber personally appeared i who acknowledged self to be the of a Corporation, and that being authorized to do so as such corporate officer executed the j foregoing instrument for the purposes therein contained on beha of the corporation. j lrtness my hand and seal the day and year aforesaid DEEP i i AUDREY S. EARNEST 'T TO RUSSELL P. FREEMAN SUSAN P. FREEMAN Dated The Undersigned cerftftes that the precise residence and complelopost office address of the Grantee Is, t' ' ' • y _ 17 Sinclair Road r Mechanicsburg, PA 17055 f � State of Pennsylvania `r' County of CumberlendI 86 Iiceorded in rho office for the recording t jleeds ncyfn_�nd far,�,{rm bc rleLsA County P�} in 8 _Voi._Pa, e Witness my hap seal of of 7� Carlisle, PA 1h -- day Tom' cor Hux 214 R'R 347 f Exhibit B NOTE FRSSM LOAN #' MGRS #: APRIL 10, 2403 CAMP FALL PENNSYLVANIA [Date] [City] [State] 17 SINCLAIR ROAD, MECHANICSBURiG, PA 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 218,700.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The lender is PRIMARY RESIDENTIAL MORTGAGE, INC. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.250 %. The interest rate required by this Section 2 is the rate .I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day of each month beginning on JUNE 1, 2003 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on MAY 1, 2023 . 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 4750 WEST WILEY POST WAY, SALT LAKE CITY, UT 84116 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,473.70 4. BORROWER'S RIGHT TO .PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal. that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such Ioan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. NIULTISTATE FDCCD RATE NOTE — Single Family— Faunle MaelFreddle Mae UNIFORM INNSTRUMI NT Form 3200 1/01 DOMCPAT (page t o£3 pages) D0CUCSA2.VTX 1/0612003 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue pa }anent of principal and interest. I Will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default; the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount.. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Bolder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note 1vill be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obli of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under. this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice.to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described. as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. MULTISTATE FIXED PLATE NOTE---Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRL MENT Form 32001/01 o�o�cu FA2 i /os�aoa3 (page 2 of 3 pages) If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 %trithin which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these surris 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 HA . ) AND SEAL(S) OF THE UNDSUIGNTED /D - BORROWER - R� SELL P. PA DATE - - BORRO AN R_ FR - DATE - Ld t m ss MVf7 4cm RECOURSE ' > PR Fi�SIDE"AL MORTGAGE. [Na -T-s,(je ni ana Qi lief LXeC UU VQ C 1 0 kX WITHOUT RECOURSE PAY TO THE ORDER [Sign Original Only] OF: Principal Residential Mort gage, I= PRIMARY RESIDENTIAL MORTGAGE, INC. K611 A. Seely NAME AND TITLE: A Secretwy MMTISTA.TE FIXED RATE NOTE — Single Family --- Fannie Mae/Freddie Mac UNWORM INSTRUMENT Form 32001 /01 DOCUCF arx z /oe /soa3 (page 3 of 3 pages) Exhibit C ! _..�f T in. Zi CL' - �IR j RDE Or GEEV .,HRLAND COUNTY- '. i After Recording Return To: � 3 A P 11 AM 9 0 5 PRIMARY RESIDENTIAL MORTGAGE INC. i 4750 WEST WILEY POST WAY SALT LAKE CITY, UT 84116 I [Space Above This Line For Recording Data] MORTGAGE i i DEFINITIONS PIN is 22 -24 -0783 -026 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. j (A) "Security Instrument "means this document, which is dated APRIL 10, 2003 together with all Riders to this document. (B)`Borrower"is RUSSELL P. FREEMAN AND SUSAN R. FREEMAN HUSBAND i AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501 -2026, tel. (888) 679 -MFRS. (D) "Lender" is PRIMARY RESIDENTIAL MORTGAGE, INC. i Lender is a NEVADA CORPORATION organized and existing under the laws of . Lender's address is 4750 NEST WILEY POST WAY SALT LAKE CITY, UT 84116 (E) "Note" means the promissory note signed by Borrower and dated APRIL 10 , 2003 The Note states that Borrower owes Lender TWO HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED AND 00 /100 Dollars (U.S. S 218,700-00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY 1, 2023 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. i (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [] Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider j ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ 1-4 Family Rider ❑ Other(s) [specify) I (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and . ! administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. PENNSYLVANIA— Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 z R i0 /21/2002 {Page I of 13 pages) ! i ou 1 808P00 718 i UIV "Electronic Electronic Funds Transfer means any transfer of fiords, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. f (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (ii) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property, (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (l) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. i (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. i (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or i successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage i loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. I (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to 2v1ERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the COUNTY of CUMBERLAND (i�pe of Recording Jurisdiction) (Name of Recording Jurisdiction) LEGAL DESCRIPTION ATTACHM HERETO AND MADE A PART HEREOF. which currently has the address of 17 SINCLAIR ROAD [Street) MECXANZCSBURG ,Pennsylvania 17055 ( "Property Address "). [City) [zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrtment. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but PENNSYLVANIA— Single Family— Faanie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 nocuxP,2 (Page 2 of] 3 pages) D0CG su.vs: 10/21/2002 i BK 1806PG07 19 i not limited to the right o foreclose and sell the Property-, operty; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. r BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. i THIS SECURITY INSTRUMENT combines uniform covenants for national use and non uniform i covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. ' I UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution j whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of tithe, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note imm ediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from snaking payments due under the Note and this Security Instrument or performing the covenants j and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all-payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, +� f second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a i sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic i Payments, such excess may he applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance ! PENNSYLVANIA -- Single Family— Fannie Mae[Freddie Mac UNIFORM INSTRUMENT Form 30391/01 Docm pm (Page 3 of 13 pages) DOCMA2 .VTX 10/31/1003 BK 1806PGO720 i i on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower. fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. i Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items j are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless j Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acccptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the lien to this Security PENNSYLVANIA— Single Family— Fanule Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 DOCUKPA4 (Page 4 of 13 pages) DOCa1ml4.4lZ 10/21/700] i 8KI806PGO72I f i I Instrument If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one -time charge for flood zone determination, certification and tracking services; or (b) a one- time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall. become additional debt of Borrower secured by this Security Instntment. These amounts shall bear interest at the Note rate from the date of I disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment i All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right j to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or i as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such , policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. a In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not econoffically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, PENNSYLVANIA — Single Family — Fannie MaeiFreddie Mae UNIFORM INSTR[1MENr Form 3039 1/01 DOCUKP,S (Page S ofl3 pages) vo=UIS.VTY 10/21/3002 j BKI806PG0722 a i Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. + 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are C beyond Borrower's control. j 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shaft give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has ; abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect j Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not . limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security ? Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument_ These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leaschold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. PENNSYLVANIA— Single Family— Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 naano'AG (Page 6 of 13 pages) D0C0XVaE.vri zo/n /low 1 I i BK 1806PGO723 I i i i 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. r If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on berms i and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender ; takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: ; (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ' (b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage Insurance under the Homeowners Protection Act of 1948 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any 1 Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened During such i repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had au 'opportunity to inspect such Property to ensure the work has been completed -to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is PENNSYLVANIA— Single Farrdly— Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 DOCUKPA7 (Page 7 of 13 pages) DOCOKPA7.VYS 10/21/2002 1 J BK 1806PGO724 not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taldng, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total + amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to he dismissed with a riling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in j the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. PENNSYLVANIA— Single Family — Fannie MaelFreddie Mae UNIFORM INSTRUMENT Form 30391!01 DOCUKPAS (Page 8 of 13 pages) D0CMa1.V= 10 /21/200.1 BK i 80b-PG0725 Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall j not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly f prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of { address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only 1 report a change of address through that specified procedure. There may be only one designated notice address i under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by I first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the cvent that any provision or clause of this ! Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of ' this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written PENNSYLVANIA— Single Family— Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 nocute" (Page 9 of 13 pages) DOCVUJJ .V= 20/22/2002 I BK1806PG0726 i I consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prolubited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sutras prior I to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without ' further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security ! Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and j other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) tapes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums i and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. I 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the l Note, this Security Instrument; and Applicable Law. There also might be one or more changes of the Loan I f Servicer unrelated to T sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other patty hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to i Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the !+ notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances I defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) `Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal PENNSYLVANIA— Single Family — Fannie MAe/Fmddie Mac UNIFORM INSTRUMENT Form 30391/01 DOCUKPA1O (Page 10 of 13 pages) DOCV"AX.VTX 10/31/7007 i a�t806PG072 7 I action, as defined in Environmental Law; and (d) an "Environmental Condition" means a cunuiuv„ —at can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual lmowledge, (b) any Environmental Condition, j including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous �( Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal 'or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing berein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 1 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. j If the default is not cured as specified, Lender at its option may require immediate payment in full of all I ( sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, attorneys' fees and costs of title evidence j to the extent permitted by Applicable Law. ! 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest,rate.payable_ after - 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 j Note. J I PENNSYLVANIA— Single Family — Fannie Mat/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 OOCUKPAtt (Page 11 of 13 pages) nocmaPaa.va io /�i /aoo� + i 3 g�(1806DG0 i r BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrurnent and it an 'der executed by Borrower and recorded with it. WA - BORROWER R SELL P . AT$ - �— - BORR -/SUSAN R. FREEMAN - DATE - I i i i i I t i I i I i i i a PENNSYLVANIA— Single Family— Fannie Mae/Freddle Mae UNIFORM INSTRUMENT Form 3039 1/01 nocuKrA)2 (Page 12 of13 pages) nocoxaac.vrr io /31 /aoo� i BK 1806PG0729 1 i i I i I [Space Below This Line For Acknowledgment] Commonwealth of W Nl Y( UN On this the Q� day o f 1 t-- / ,�� c7 3 , before me, CIT i a 6e o Hty the undersigned officer, personally appeared Q 1 M l f S �}'s�l 1e ' �� known to me (or satisfactorily proven) to be the person(s) whose name S Alec� subscribed to the within instrument and acknowledged that — 7 1 1 C / yexecuted the same for the purposes therein contained. f In witness W15 ereo ,'� icial seal. ELIZABETH R. HOTTER, Notary Public �;.. Camp Hill Boro, Cumberland County My Commission Expires Dec. 15, 2003 Title of Offic Member, Pennsylvania Association of Notaries i CERTIFICATE OF RESIDENCE I, SADIE YOUNG j do hereby certify that the correct address of the within -named lender is 4750 WEST WILEY POST WAY SALT LAKE CITY, UT 84116 i witness my hand this 10TH day of APRIL, 20 j I AgenNKender 3AD YOUNG i i t i T Certify this to be recorded ! Tn Cumberlajid County PA Recorder of Deeds t f PENNSYLVANIA— Single Family— Fanafe Mae/Freddfe Mae UNIFORM INSTRUMENT Form 30391/01 DOCMA13 (Page 13 of 13 pages) DO="AD.V%% 10/ 21/3002 I gK1806PG0730 I J I EXHIBIT "A" - MORTGAGE LEGAL I ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Monroe, � County of Cumberland and Commonwealth of Pennsylvania, more particularly described to a survey of Charles i W. Junkins, Registered Surveyor, dated April 12, 1988, as follows: BEGINNING at a point on the public road leading from Trindle Springs to Williams Grove, known as Sinclair Road (T -568), at the comer of the land herein described and lands now or formerly of Charles Eichelberger, thence by said lands and lands now or formerly of Frank L. Black, Jr. North 86 degrees and 00' East, 499.95 feet to an iron pin in the Trindle Run; thence by said Run, South 1 degree East, 188 feet to an iron pin in what was formerly the Pennsylvania Railroad at a bridge, which Railroad was also formerly the Mechanicsburg and i Dillsburg Railroad; thence by lands now or formerly of Roger Jumper, South 13 degrees West, 298.65 feet to an iron pin in what was formerly the said Pennsylvania Railroad; thence by the same, South 23 degrees 30' West, 280.5 feet to an iron pin in what was formerly the said pennsylvania Railroad at line of lands now or formerly of Cletus Taylor, thence by said last mentioned lands, North 85 degrees 37' West, 220.72 feet to a p.k. nail in the aforesaid public road; thence North 9 degrees 15' West, 46.15 feet to a p.k. nail; thence by said public road, North 8.degrees 30' West, 646 feet to the place of beginning. BEING IMPROVED with a two and one half story stone house known as 17 Sinclair Road, Mechanicsburg, PA. PARCEL NO. 22 -24- 0783 -026 I J � I j i r i i (FREEMM.RZPFD"EEM N.R2l16) BKI806PGO73i Exhibit D I i Return To: fla Z�V CT LIEN SOLUTIONS P O BOX 29071 GLENDALE, CA 91209 -9071 Phone #: 800 -331 -3282 ot j Prepared By: CITIMORTGAGE, INC FREDERICK SILVA ' 1000 TECHNOLOGY DRIVE, MS 321 O'FALLON, MO 63368 -2240 Parcel No: 22- 24- 0783 -026 I i I I ASSIGNMENT OF MORTGAGE i KNOW ALL MEN BY THESE PRESENTS that Current Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for Primary Residential Mortgage, Inc., whose address is 1901 E. Voorhees St. Danville, IL 61834, P.O. Box 2026, Flint, Ml, 48501 -2026, hereinafter Assi n r the holder of the Mortgage i hereinafter mentioned, for and In consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by CitiMortgage, Inc., 1000 Technology Drive, O'Fallon, MO, 63368, Assiqnee at the time of execution hereof, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Russell P. Freeman and Susan R. Freeman to Original Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for Primary Residential Mortgage, I Inc., bearing the date 04/10/2003, in the amount of $218,700.00, said Mortgage being recorded on 04/16/2003 in the County of Cumberland County, Commonwealth of Pennsylvania, in Book: j 1806 Page: 0718. i { Being Known as Premises: 17 Sinclair Road, Mechanicsburg, PA, 17055' Township: Monroe I Description /Additional information: See Exhibit A f Together with all Rights, Remedies and Incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: I TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his /her /their heirs and assigns therein. IN WITNESS WHEREOF, the said Assignor has caused these presents to be duly executed by its proper officers i i , i Page # 138106394 24449 PA570 Cumberland County Intemal I I This S-1349 M e Electronic Re *stration Systems, Inc. as nominee for Primary Residential Mortgage, Inc. By Sad a West j Vi resident i Delivered in the Presence of us; i Attest: Renelle McAleer STATE OF MISSOURI, ST. CHARLES COUNTY On !j before me, the undersigned, a notary public in and for said state, personally appeared Sandra West, Vice President of Mortgage Electronic Registration Systems, Inc. as nominee for Primary Residential Mortgage, Inc. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. :WgPO HANNON E. WALLACE� - Notary Seal te of Mlesoud sional for St. Charles County MY Co mi Nu';�21s14� s Notary Public Shannon E. Wallace Commission Expires: 07/17/2016 The precise address within named Assignee is: 1000 Technology Drive, O'Fallon, MO, 63368 B i i I Page # 2 38106394 24449 PAS70 Cumberland County Internal i i I .. ..- .�•u- .......- ..�I•.Hw tl!9wnoswsJ - M5wa8wkvv.r. ..•-Yaw•..w . -.- ..+. _vrvr:4w..� .... ... ,-. .... M... .. r I. ASSIGNMENT OF MORTGAGE BETWEEN: Current Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for Primary Residential Mortgage, Inc. AND CitiMortgage, Inc. MAIL TO: Current Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for Primary Residential Mortgage, Inc. 1901 E. Voorhees St. Danville, IL 61834, P.O. Box 2026, Flint, MI, 48501 -2026 I Page # 3 38106394 24449 PA670 Curnberland County Internal ! I I 4 1 Exhibit A I ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and tieing in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, more particularly downbed to a survey of Charles W. Junkins, Registered Surveyor, dated April 12, 1988, as follows; BEGINNING at a point on the public road leading from Trindle Springs to Waliams Grove, known as Sinclair j Road (T -568), at the comer of the land herein described and lands now or formerly of Charles Elchelberger, thence by said lands and lands now or formerly of Frank L. Black, Jr. North 86 degrees and MY East. 499.96 feet to an Iron pin In the Undle Run; thence by said Run, South 1 degree East 188 feet to an Iron pin in what was formerly the Pennsylvania Railroad at a bridge, which Railroad was also formerty the Mechanicsburg and Dillsburg Railroad; thence by lands now or formerly of Roger Jumper, South 13 degrees West, 298.65 feet to an iron pin in what was formerly the said Pennsylvania Railroad; thence by the same, South 23 degrees 30' West, 280.5 feet to an iron pin in what was formerly the said Pennsylvania Railroad at line of lands now or formerly of Cletus Taylor; thence by serd last mentioned lands, North 85 degrees 37" West, 220.72 feel to a p.k nail in the aforesaid public road; thence North 9 degrees 15 West, 46.15 feet to a p.k. nail; thence by said public road. I North a degrees 30' West, 646 feet to the place of beginning. I BEING IMPROVED with a two and one half story stone house known as 17 Sinclair Road, Mechanicsburg, PA. I PARCEL NO. 22-24-0783-026 i I ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 = a 717 - 240 -6370 Instrument Number - 201316852 Recorded On 5/22/2013 At 10;58:02 AM * Total Pages - 5 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 137543 User ID - SW * Mortgagor - FREEMAN, RUSSELL P * Mortgagee - CITIMORTGAGE INC * Customer - CT LIEN SOLUTIONS * FEES — STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $51.00 I I Certify this to be recorded I in Cumberland County PA v cue S ° RECORDER Of D DS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002Z2V III Ili181111111111111111 111 1 Exhibit E i 1 i ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, more particularly described to a survey of Charles W. Junkins, Registered Surveyor, dated April 12, 1988, as follows: 1 BEGINNING at a point on the public road leading from Trindle Springs to Williams Grove, known as Sinclair j Road (T -568), at the comer of the land herein described and lands now or formerly of Charles Eichelberger, thence by said lands and lands now or formerly of Frank L. Black, Jr. North 86 degrees and 00' East, 499.95 feet to an iron pin in the Tdndle Run; thence by said Run, South 1 degree East, 188 feet to an iron pin in what was formerly the Pennsylvania Railroad at a bridge, which Railroad was also formerly the Mechanicsburg and Dillsburg Railroad; thence by lands now or formerly of Roger Jumper, South 13 degrees West, 298.65 feet to an iron pin in what was formerly the said Pennsylvania Railroad; thence by the same, South 23 degrees 30' West, 280.5 feet to an iron pin in what was formerly the said pennsylvania Railroad at line of lands now or formerly of Cletus Taylor, thence by said last mentioned lands, North 85 degrees 37' West, 220.72 feet to a p.k. nail in the aforesaid public road; thence North 9 degrees 15' West, 46.15 feet to a p.k. nail; thence by said public road, ..North 8 degrees 30' West, 646 feet to the place of beginning. BEING IMPROVED with a two and one half story stone house known as 17 Sinclair Road, Mechanicsburg, PA. i PARCEL NO. 22 -24 -0783 -026 i i I I I i f I I ! I + I ` I I I i Exhibit F CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 7196 9006 9296 6066 5652 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130319 -168 RUSSELL P. FREEMAN 17 SINCLAIR RD Send Correspondence to: MECHANICSBURG, PA 17055 -4051 CibMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 Date: 03/19/201.3 Sent Via Certified Mail 7196 9006 9296 6066 5652 RUSSELL P. FREEMAN 17 SINCLAIR RD MECHANICSBURG, PA 1.7055 -4051 RE: Property Address: 17 SINCLAIR ROAD MECHANICSBURG, PA 17055 CitiMortgage Loan #: ACT 91 NOTICE TAIKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an of 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 ME R GE NCY MOR TGA GE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, c CITIPAACT91 Page 2 of 9 7196 9006 9296 6066 5652 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRA.MA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): RUSSELL P. FREEMAN SUSAN R. FREEMAN PROPERTY ADDRESS: 17 SINCLAIR ROAD MECHANICSBURG, PA 17055 LOAN ACCT. NO.: ORIGINAL LENDER PRIMARY RESIDENTIAL CURRENT LENDER/SERVICER CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 7196 9006 9296 6066 56S2 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREYENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE" YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EYEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREYENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EYENTUALLY APPROYED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY AC77ON -Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 Page 4 of 9 71% 9006 9296 6066 5652 NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE TS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THEDEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to dale). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 17 SINCLAIR ROAD MECHANICSBURG,PA 17055 IS SERIOUSLYIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nowpast due: 12/01/12 through 12/01/12 1 @$1930.39/month 1 @$73.68/late charge/month $2004.07 01/01/13 through 03/01/13 3 @$1912.61/month 3 @$73.68/late charge/month $5958.87 Previous Late Charge(s): $0.00 Delinquency Expense(s): $27.00 Unapplied Funds: 0.00 TOTAL AMOUNT PAST DUE: $7,989.94 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY(30)DAIS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS$7,989.94,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY(30)DAYPERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage,Inc. P.O.Box 790005 St. Louis,MO 63179-0005 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY(3 0) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually Incurred, up to $50.00_ However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 7196 9006 9296 6066 5652 Page 5 of 9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE -If you have not cured the default within the THIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due,plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by pe?forming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage,Inc. Address: P.O.Box 790005 St.Louis,MO 63179-0005 Phone Number: 1-877-362-0175 Monday through Friday 8 AM-5 PM CST.TTY Services are also available. To access:Dial 711 from the United States or Dial 1-866-280-2050 from Puerto Rico. Fax Number: 1-866-940-8147 Contact Person: MarkAnthony Hartland E-Mai[Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE.-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE- -You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges,and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITI PAACT91 7196 9006 9296 6066 5652 Page 6 of 9 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act,Title 15,U.S.0 1692(g),you may dispute the validity of this debt,or any portion thereof,if you do so in writing within thirty(30)days after the receipt of this notice.If you dispute the validity of this debt,or any portion thereof within this thirty(30)days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage,Inc_ P.O.Box 790005 St.Louis,MO 63179-0005 CITIPAACT91 7196 9006 9296 6066 5652 Page 7of9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated:0211912013 0 4:29 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 Base,Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster,PA 17603 York,PA 17401 717-392-5467 717-855-2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg,PA 17325 717-334-1518 HC Page 8of9 7196 9006 9296 6066 5652 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:02/19/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road n 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambelsburg,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 r HC Page9 of9 7146 9006 9296 6066 S6S2 CitiMortgage,Inc PRESORT PO Box 9090 First-Class Mail Temecula,CA 92589-9090 U.S.Postage and Fees Paid W SO 7196 9006 9296 6066 5706 Send Payments to: CitiMortgage,Inc PO Box 689196 Des Moines,IA 50368-9196 20130319-166 lilli,lll �linil"II" IIIIIII'Iu�IIIII�� IIrIII�iII�I SUSAN R. FREEMAN 17 SINCLAIR RD Send Correspondence to: MECHANICSBURG, PA 17055-4051 CitiMortgage,Inc 6400 Las Colinas Blvd. Irving,TX 75063 CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6066 5706 SUSAN R. FREEMAN 17 SINCLAIR RD MECHANICSBURG, PA 17055-4051 RE: Property Address: 17 SINCLAIR ROAD MECHANICSBURG, PA 17055 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 MORTGA GE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions,you may call the Pennsylvania Housing Finance Agency toll free at(800) 342-2397. (Persons with impaired hearing can call(717) 780-1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 9 7196 9006 9296 6066 S706 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 AD JUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): SUSAN R FREEMAN RUSSELL P.FREEMAN PROPERTY ADDRESS: 17 SINCLAIR ROAD MECHANICSBURG,PA 17055 LOAN ACCT.NO.: ORIGINAL LENDER: PRIMARY RESIDENTIAL CURRENT LENDER/SERVICER CitiMortgage,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANC)AL ASSISTANCE WHICH CAN SAYE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE"ACT'),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 7196 9006 9296 6066 5706 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofyour default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAYE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE,IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. a� CITIPAACT91 Page 4 of 9 71% 9006 9296 6066 5706 NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy,you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 17 SINCLAIR ROAD MECHANICSBURG,PA 17055 IS SERIOUSLYIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nowpast due: 12/01/12 through 12/01/12 1 @$1930.39/month 1 @$73.68/late charge/month $2004.07 01/01/13 through 03/01/13 3 @$1912.61/month 3 @$73.68/late charge/month $5958.87 Previous Late Charge(s): $0.00 Delinquency Expense(s): $27.00 Unapplied Funds: 0.00 TOTAL AMOUNT PAST DUE: $7,989.94 HOW TO CURE THE DEFA UL - You may cure the default within THIRTY(3 0)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS$7,989.94,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME 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 790005 St.Louis,MO 63179-0005 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt_ If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 7196 9006 9296 6066 5706 Page 5 of 9 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 hmle begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due,plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specifzed in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage,Inc. Address: P.O.Box 790005 St. Louis,MO 63179-0005 Phone Number: 1-877-362-0175 Monday through Friday 8 AM-5 PM CST.TTY Services are also available. To access:Dial 711 from the United States or Dial 1-866-280-2050 from Puerto Rico. Fax Number: 1-866-940-8147 Contact Person: MarkAnthony Hartland E Afail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges,and attorneys fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 7196 9006 9296 6066 5706 Page 6 of 9 YOU MAY ALSO HAKE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS EF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOC,91ED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act,Title 15,U.S.0 1692(8),you may dispute the validity of this debt,or any portion thereof,if you do so in writing within thirty(30)days after the receipt of this notice.If you dispute the validity of this debt,or any portion thereof,within this thirty(30)days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage,Inc. P.O.Box 790005 St. Louis,MO 63179-0005 CITIPAACT91 7196 9006 9296 6066 5706 Page 7 of 9 HiPMAP Consumer Credit Counseling Agencies YORK County Report last updated:02/19/2013 04:29 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 Base,Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster,PA 17603 York,PA 17401 717-392-5467 717-855-2752 PA Interfaitb Community Programs Inc 40 E High Street Gettysburg,PA 17325 717-334-1518 k HC Page 8of9 7196 9006 9296 6066 S706 HEMAP Consumer Credit Counseling gencies CUMBERLAND County Report last updated:02119/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of YorklY Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 HC Page 9of9 7196 9006 9296 6066 5706 CitiMortgage,Inc PRESORT PO Box 9090 First-Class Mail Temecula,CA 92589-9090 U.S.Postage and Fees Paid WSO 2271262851 Send Payments to: CitiMortgage,Inc PO Box 689196 Des Moines,IA 50368-9196 20130319-168 II„�IIIIIIIIInIlrrlllnmill,llllr„i,i„Illi,l,liili„li RUSSELL P. FREEMAN 17 SINCLAIR RD Send Correspondence to: MECHANICSBURG, PA 17055-4051 CitiMortgage,Inc 6400 Las Colinas Blvd. Irving,TX 75063 CITIPAACT91 Date: 03/19/2013 RUSSELL P. FREEMAN 17 SINCLAIR RD MECHANICSBURG, PA 17055-4051 RE: Property Address: 17 SINCLAIR ROAD MECHANICSBURG, PA 17055 CitMortgage Loan#: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help,you must MEET WITHA 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 2271262851 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 LLAMANDO ESTA AGENCIA. (PENNSYLVANIA. HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMA.DO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): RUSSELL P.FREEMAN SUSAN R.FREEMAN PROPERTY ADDRESS: 17 SINCLAIR ROAD MECHANICSBURG,PA 17055 LOAN ACCT.NO.: ORIGINAL LENDER: PRIMARY RESIDENTIAL CURRENT LENDER/SERVICER: CitiMortgage,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE NWICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three(3)days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EATLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 2271262851 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATION.FOR MORTGAGE ASSISTANCE, - Your mortgage is in default for the reasons set forth later in this Notice(see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received tivithin thirty(30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY H ITHEV 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOYE,IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE" YOU HAVE. THE RIGHT TO FILE A HEMAP APPLICATION EVEN BF_YONO THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 2271262851 Page 4 of 9 NOTE.IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORM4TIONPURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT 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 DEFA UL -The MORTGAGE debt held by the above lender on your property located at: 17 SINCLAIR ROAD MECHANICSBURG,PA 17055 IS SERIOUSLYIN DEFA ULT because: YOU HAKE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/01/12 through 12/01/12 1 @$1930.39/month 1 @$73.68/late charge/month $2004.07 01/O1/l3 through 03/01/13 3 @$1912.61/month 3 @ $73.68/late charge/month $5958.87 Previous Late Charge(s): $0.00 Delinquency Expense(s): $27.00 Unapplied Funds: $( 0.00) TOTAL AMOUNT PAST DUE: $7,989.94 HOW TO CURE THE DEFA UL - You may cure the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS$7,989.94,PLUS ANYMORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME 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 790005 St. Louis,MO 63179-0005 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately andyou may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property x.7 11 be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to Its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 2271262851 Page 5 of 9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-.lf you have not cured the default within file TRIRTY(30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due,plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER. Name of Lender. CitiMortgage,Inc. Address: P.O.Box 790005 St.Louis,MO 63179-0005 Phone Number: 1-877-362-0175 Monday through Friday 8 AM-5 PM CST.TTY Services are also available. To access:Dial 711 from the United States or Dial 1-866-280-2050 from Puerto Rico. Fax Number: 1-866-940-8147 Contact Person: MarkAnthony Hartland E 1llail Address: markanthony.b.hartland @citi_com EFFECT OF SH.FRIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges,and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. 5°t �:•s r i{ CITIPAACT91 2271262851 Page 6 of 9 YOU MAY ALSO HAVE THE RIGHT. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act,Title 15,U.S.0 1692(8),you may dispute the validity of this debt,or any portion thereof,if you do so in writing within thirty(30)days after the receipt of this notice.If you dispute the validity of this debt,or any portion thereof, within this thirty(30)days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage,Inc. P.O.Box 790005 St. Louis,MO 63179-0005 CITIPAACT91 2271262851 Page 7of9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated:02119/2013 0 4:29 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 Base,Inc. Housing Alliance of YorklY Housing Resources 447 South Prince Street 290 West Market Street Lancaster,PA 17603 York,PA 17401 717-392-5467 717-855-2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg,PA 17325 717-334-1518 M1 a EN HC Page of 2271262851 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:02/1912013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234=6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 HC Page of 2271262851 CitiMortgage,Inc PRESORT PO Box 9690 First-Class Mail Temecula,CA 92589-9090 U.S.Postage and Fees Paid WSO 2271262858 Send Payments to: CitiMortgage,Inc PO Box 689196 Des Moines,IA 50368-9196 201 3031 9-1 68 ,i"i'r�lunl"Iii'I'illlr�ll �� �'Inlllll�^�11'�I'IIII" SUSAN R. FREEMAN 17 SINCLAIR RD Send Correspondence to: MECHANICSBURG, PA 17055-4051 CitiMortgage,Inc 6400 Las Colinas Blvd. Irving,TX 75063 Y CITIPAACT91 Date: 03/19/2013 SUSAN R. FREEMAN 17 SINCLAIR RD MECHANICSBURG, PA 17055-4051 RE: Property Address: 17 SINCLAIR ROAD MECHANICSBURG, PA 17055 CitiMortgage Loan#: ACT 91 NOTICE TAKE ACTION TO SAYE YOUR BIOME 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 MORTGA GE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see ifHEMAP 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 2271262858 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 VWIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): SUSAN R FREEMAN RUSSELL P.FREEMAN PROPERTY ADDRESS: 17 SINCLAIR ROAD MECHANICSBURG,PA 17055 LOAN ACCT.NO.: ORIGINAL LENDER: PRIMARY RESIDENTIAL CURRENT LENDER/SERVICER: CitiMortgage,Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE 'PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30) days from the date of this Notice(plus three(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT tale action against you for thirty CITIPAACT91 Page 3 of 9 22712628 S6 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice- It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. APPLICATIONr FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice(see folloxnng pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing .Finance Agency. To temporarily stop the lender from fling a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30) days of your face-to face meeting with the counseling agency. YOU SHOULD FILE A HEn9AP APPLICATION AS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY rt'ITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA IVITHIN 30 DAYS OF THAT MEETING THEN•THE LENDER ITILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE,IN THE SECTION CALLED"TFUPORARY STAY OF FORECLOSURE." YOU HAYS THE .RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS E'VFNTUALLY 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 Page 4 of 9 2271262858 NOTE:IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS AN ATTEMPT 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: 17 SINCLAIR ROAD MECHANICSBURG,PA 17055 IS SERI"OUSLYINDEFAULT because: YOU HAVE NOT MADE MONTHLY"MORTGAGE PAYMENTS for the following months and the following amounts are nowpasl due: 12/01/12 through 12/01/12 1 @$1930.39/month 1 @$73.68/late charge/month $2004.07 01/01/13 through 03/01/13 3 @$1912.61/month 3 @$73.68/late charge/month $5958.87 Previous Late Charge(s): $0.00 Delinquency Expense(s): $27.00 Unapplied Funds: ${ 0.00) TOTAL AMOUNT PAST DUE: $7,989.94 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY(3 0)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS$7,989.94,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING TBE 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 790005 St. Louis,MO 63179-0005 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY(3 0)DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30)DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt_ If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30)DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 2271262858 Page 5 of 9 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) DAYperiod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due,plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage,Inc. Address: P.O.Box 790005 St. Louis,MO 63179-0005 Phone Number: 1-877-362-0175 Monday through Friday 8 AM-5 PM CST.TTY Services are also available. To access:Dial 711 from the United States or Dial 1-866-280-2050 from Puerto Rico. Fax Number: 1-866-940-8147 Contact Person: MarkAnthony Hartland E-Mail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale,a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE-You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges,and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 2271262858 Page 6of9 YOU MAY ALSO HAVE THE RI'GH'T: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE TI-RS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt.Collection Practices Act,Title 15,U.S.0 1692(g),you may dispute the validity of this debt,or any portion thereof,if you do so in writing within thirty(30)days after the receipt of this notice.If you dispute the validity of this debt,or any portion thereof,within this thirty(30)days period we will provide you with written verification thereof,otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage,Inc. P.O.Box 790005 St.Louis,MO 63179-0005 CITIPAACT91 2271262858 Page 7 of 9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated:02/19/2013 04:29 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 Base,Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster,PA 17603 York,PA 17401 717-392-5467 717-855-2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg,PA 17325 717-334-1518 HC Page 8of9 2271262858 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:0211912013 0 4:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Conunission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 HC Page of 2271262858 1664 THE COURTS FORM 1 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY, O'Fallon, MO 63368, PENNSYLVANIA Plaintiff, .. Vs. � SRS IVIL Russell P. Freeman 17 Sinclair Road Mechanicsburg, PA 17055, ca C' and Susan R. Freeman Win . c)-T7 17 Sinclair Road QC-' :ZtF Mechanicsburg, PA 17055, X_ �c Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at(717) 243-9400 extension 2510 or(800) 822-5288 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 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 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 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 THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: tC) I �� Date Patric J. Wesner, Esquire Milstead&Associates, LL 220 Lake Drive East, Suite 1 Cherry Hill,NJ 08002 856-482-1400 856-482-9190 (f) PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 THE COURTS 1665 FORM 2 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: #of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #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❑ 88.28243 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 1666 THE COURTS 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 41:Model: Year: Amount Owed: Value: Automobile#2: Model: Year: Amount Owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 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 2"d Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other prop.payment Install. Loan Payments - - - Cable TV Child Su ort/Alim. Spending Money Day/Child Care/Tuit. 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: 88.28243 2 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 THE COURTS 1667 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 know,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options.I/We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ✓ Proof of income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation(hardship letter) ✓ Listing agreement(if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,of Lifitibeefrr `v3 1 "' : . Jody S Smith Chief Deputy 1 1 3 OCT 1 6 t`l 103 r.' - Richard W Stewart ` Solicitor i PlcE OF TI-:P S.w,1F- :IIMBEAANLJ C I_U J{ T `i' PENNSYLVANIA Citimortgage Inc. Case Number vs. Russell Paul Freeman (et al.) 2013-5889 SHERIFF'S RETURN OF SERVICE 10/10/2013 04:04 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Russell Paul Freeman at 17 Sinclair Road, Monroe Township, Mecha ' sburg, PA 1705, . -./�I, , ' ti-5/ RIAN GRZY:•5��,, PUTY 10/10/2013 04:04 PM- Deputy Brian Grzyboski, 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 Russell Paul Freeman- Husband , who accepted as"Adult Person in Charge"for Susan R Freeman at 17 Sinclair Road, Monroe Township, Mechanicsburg, PA 17055. , i / /' 113/ IAN GRZY:4 S I,,J'PUTY SHERIFF COST: $55.30 SO ANSWERS, a October 11, 2013 RONIY R ANDERSON, SHERIFF (c}Couf:ty,uite Sheriff,Tek,osofi fir,. Etj MILSTEAD & ASSOCIATES, LLC 1? BY: Robert W. Williams, Esquire ��� ID No. 315501 JAN 41111: 39 220 Lake Drive East, Suite 301 cli CO( ) T)/Hill,NJ 08002 PENhis yLV,�COUNTY (856)482-1400 Attorney for Plaintiff File Number: 88.28243 CitiMortgage,Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 13-5889 Civil Russell P. Freeman, Entry of Appearance and Susan R. Freeman, Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, CitiMortgage, Inc., in the above captioned matter. STEAD ASSOCIATES, LLC ddig ' obert W. Williams, Esquire Attorney ID No. 315501 M+. ' MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams,Esquire " '� f)p pj - IDNo. 315501 ;tY 'H F'F07fi��{JT rR 220 Lake Drive East, Suite 301 Zip J� _7 Cherry Hill,NJ 08002 All II: 3 (856)482-1400 AttorneyiftiRtifD COUNT y File Number: 88.28243 PENNSYLVAN CitiMortgage,Inc. ' COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY O'Fallon,MO 63368, Plaintiff, Vs. No.: 13-5889 Civil Russell P.Freeman 17 Sinclair Road Mechanicsburg,PA 17055 and Susan R.Freeman 17 Sinclair Road Mechanicsburg,PA 17055, Defendants PRAECIPE FOR JUDGMENT,IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Russell P. Freeman and Susan R. Freeman, Defendants, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $152,863.48 Interest 9/3/13 through 12/30/13 $2,437.12 TOTAL $155,300.60 I hereby certify that(1)the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in acc o 91\an .4 with Rul- 37.1. ..c.y attached. A 'w wwell, V•- Robert W. Williams, Esquire Attorney for aintif4.. ,, DAMAGES ARE HEREBY ASSESSED AS INDICATE i i DATE: I \—) .I�'I' „ . .. PROTHONOTARY Co A Si6.SUPci v1/4 WI 6rt, /19,c2Lt rp.ff- .qcoicih 1'1b$ � MILSTEAD& ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff Our file number: 88.28243 CitiMortgage,Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 13-5889 Civil Vs. Russell P. Freeman and Susan R.Freeman, Defendants TO: Russell P. Freeman Susan R.Freeman 17 Sinclair Road, 17 Sinclair Road, Mechanicsburg,PA 17055 Mechanicsburg, PA 17055 DATE OF NOTICE: December 11,2013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'LIFMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten(10)days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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. Page I of 3 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD &ASSOCIATES, LLC ` y Patric W s'F r squire ID No. 203145 Attorney for Plaintiff Page2of3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Russell P. Freeman 17 Sinclair Road Mechanicsburg, PA 17055 CitiMortgage, Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 13-5889 Civil Vs. Russell P. Freeman, and Susan R. Freeman, Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. I11 • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Susan R. Freeman 17 Sinclair Road Mechanicsburg, PA 17055 CitiMortgage,Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 13-5889 Civil Vs. Russell P. Freeman, and Susan R. Freeman, Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. I 1—) liq 4 MILSTEAD &ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856) 482-1400 Attorney for Plaintiff File Number: 88.28243 CitiMortgage,Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 13-5889 Civil Russell P. Freeman and Susan R. Freeman, Defendants VERIFICATION OF NON-MILITARY SERVICE Robert W. Williams, Esquire, hereby certifies that he is attorney for the Plaintiff in the above-captioned matter, and verifies the following facts to the best of his information and belief: 1. inquiry has been made with the Department of Defense, and it has been determined that Defendants are not in the Military or Naval Service of the United States or its Allies, and/or do not fall within the provisions of the Servicemembers Civil Relief Act of 2003, 50 USC App.§ 501 2. defendant, Russell P. Freeman, is over 18 years of age, 3. defendant, Susan R. Freeman, is over 18 years of age, . 1 • ; �\ DATE: //i2..-6>19 ►, .l.�j`��. .. "obert W. Williams, Esquire Department of Defense Manpower Data Results es of:Jan-02-201409:24:27 • Center • • SCRA 3.0 r '�{;`1 ,Status,'Report • , ,' Pursuant to S ices em. ^s Civil Relief Act ■Last Name: FREEMAN First Name: SUSAN Middle Name: Active Duty Status As Of: Jan-02-2014 ` -` ` - bn Active Duty Ori Adve Duty Status Date. - - - Active Duty Start Dale Active Duty End Date - y- "- 5�.. "Status - - Service Component ... . NA 4i4.'.r fi. `". '11 :xty. NOS/7% - NA #, y..:mom it-7 _v - I 4" 0 ., r• eiii-# '.1'`i� This response reflects the indmduais'aiiive duty status based on'the�Active uitStatus Date _�� l 17A - Left Active Duty Within 367 Days of Active Duty Status Date ' -Active Duty Start Date_ - - :. , _ Active Duty End Date r Status. • •' - Service Component NA ' Sik^`tKNA`. ti r W' "ii T$ Y: `NO).41; 11).r!.]i0,:0,'.4.11 .. _ NA y». .. K v;v ltY'r; hll.is,..' r"rp JS K This response reflects w�there the'rndividuai left active duly statris vnthin 367 days preceding the Actrve;Duty Status Date ' -The Member or His,Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date : -Order'Notification Start Date - `Order Notification-End Date -:: " ' Status '- .._Service Component NA NA;q'..jA� y:J!a-+iw: mod. r.t '. No, .. NA This response reflects whether ttmayn_d ividal or hisher un it_has re.cer ivedre ady tificion to report for active duty - i'' Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 5 ". . yh tr Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800'Mark Center Drive,Suite 04E25 ` Arlington,VA 22350' • MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File No. 88.28243 CitiMortgage,Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 13-5889 Civil Vs. CIVIL ACTION Russell P. Freeman MORTGAGE FORECLOSURE Susan R. Freeman Defendants CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendants, Russell P. Freeman and Susan R. Freeman on October 10, 2013 by the Cumberland County Sheriff. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit"A". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. § 4904 relating to unsworn falsification to authorities. ' .lAL ► obert W. Will iams, Esquire Attorney for Plaintiff a ! , t SHERIFF'S OFFICE OF CUMBERLAND COUNTY • Ronny R Anderson • Sheriff x.� oati+bs,attlltttrrrf1 Jody S Smith , Chief Deputy Richard W Stewart Solicitor orF F-KE.sF il=F Citimortgage Inc. Case Number vs. 2013-5889 Russell Paul Freeman(et al.) SHERIFF'S RETURN OF SERVICE 10/10/2013 04:04 PM-Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Russell Paul Freeman at 17 Sinclair Road, Monroe Township, Mecha burg, PA 1705 :RIAN GRZY: S 41n PUTY 10/10/2013 04:04 PM-Deputy Brian Grzyboski, 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 Russell Paul Freeman-Husband,who accepted as"Adult Person in Charge"for Susan R Freeman at 17 Sinclair Road, Monroe Township, Mechanicsburg, PA 17055. • a_.3� 11:31 'BfkiAN GRZY:4 S I, e PUTY • SHERIFF COST: $55.30 SO ANSWERS, October 11, 2013 RONtsK ANDERSON, SHERIFF • (cl CountySuite Sheriff,Teleosoft.Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CitiMortgage, Inc., CIVIL ACTION Plaintiff, NO.: 13-5889 Civil Vs. PRAECIPE FOR WRIT OF EXECUTION Russell P. Freeman (Mortgage Foreclosure) and Susan R. Freeman, Defendants r TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above-captioned matter; -- g ( ) p 37 c� 3. and index this writ against the Defendant(s) as follows: Russell P. Freeman .., Susan R. Freeman Real Property involved: 17 Sinclair Road Mechanicsburg, PA 17055 Amount Due $155,300.60 Interest from 12/31/13 to Date of Sale at $20.48 per diem(6%) TOTAL (Costs to be added) Respectively submitted, ils -ad &Associ., es, LLC DATE: Robert W. Williams, Esquire NO ��8.<16� I G Attorney for Plaintiff 6l 1 East Stow Road SS.3U CI3 .. Marlton,NJ 08053 1OS.)5 (tom aS ( 14 . SO" L., , Svcs pg-- 25100i a—ssieal ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE, LYING AND BEING IN THE TOWNSHIP OF MONROE IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PUBLIC ROAD LEADING FROM TRINDLE SPRING TO WILLIAMS GROVE, KNOWN AS SINCLAIR ROAD (T-568), AT THE CORNER OF THE LAND HEREIN DESCRIBED AND LANDS NOW OR FORMERLY OF CHARLES EICHELBERGER; THENCE BY SAID LANDS AND LANDS NOW OR FORMERLY OF FRANK L. BLACK, JR,NORTH 86 DEGREES AND 00 MINUTES EAST FOUR HUNDRED NINETY-NINE AND NINETY-FIVE HUNDREDTHS (499.95) FEET TO AN IRON PIN IN THE TRINDLE RUN; THENCE BY SAID RUN, SOUTH ONE (01) DEGREE EAST ONE HUNDRED EIGHTY-EIGHT AND ZERO HUNDREDTHS (188.00) FEET TO AN IRON PIN IN WHAT WAS FORMERLY THE PENNSYLVANIA RAILROAD AT A BRIDGE, WHICH RAILROAD WAS ALSO FORMERLY THE MECHANICSBURG AND DILLSBURG RAILROAD; THENCE BY LANDS NOW OR FORMERLY OF ROGER JUMPER, SOUTH 13 DEGREES 00 MINUTES WEST, TWO HUNDRED NINETY-EIGHT AND SIXTY-FIVE HUNDREDTHS (298. 65) FEET TO AN IRON PIN IN WHAT WAS FORMERLY THE SAID PENNSYLVANIA RAILROAD; THENCE BY THE SAME, SOUTH 23 DEGREES 30 MINUTES WEST TWO HUNDRED EIGHTY AND FIVE HUNDREDTHS (280.5) FEET TO AN IRON PIN IN WHAT WAS FORMERLY THE SAID PENNSYLVANIA RAILROAD AT LINE OF LANDS NOW OR FORMERLY OF CLETUS TAYLOR; THENCE BY SAID LAST MENTIONED LANDS, NORTH 85 DEGREES 37 MINUTES WEST TWO HUNDRED TWENTY AND SEVENTY-TWO HUNDREDTHS (220.72) FEET TO A P.K. NAIL IN THE AFORESAID PUBLIC ROAD; THENCE NORTH 9 DEGREES 15 MINUTES WEST FORTY- SIX AND FIFTEEN HUNDREDTHS (46.15) FEET TO A P.K.NAIL; THENCE BY SAID PUBLIC ROAD,NORTH 8 DEGREES 30 MINUTES WEST, SIX HUNDRED FORTY-SIX (646) FEET TO THE PLACE OF BEGINNING. CONTAINING SIX AND FORTY-FOUR HUNDREDTHS (6.44) ACRES AND BEING IMPROVED WITH A TWO AND ONE-HALF STORY STONE HOUSE. BEING DESCRIBED ACCORDING TO NEW SURVEY OF CHARLES W.JUNKINS,REGISTERED SURVEYOR, DATED APRIL 12, 1988. Title to said Premises vested in Russel P. Freeman and Susan P. Freeman, Husband & Wife by Deed from Audrey S. Earnest, Widow dated 12/29/1999 and recorded on 1/3/2000 in the Cumberland County Recorder of Deeds in Instrument No. 2000-000052. Being known as 17 Sinclair Road,Mechanicsburg, PA 17055 Tax Parcel Number: 22-24-0783-026 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ; 1 ID No. 315501 J, ' , o /1„. 1 East Stow Road /i,‘1/411 29 Marlton,NJ 08053 , /l!0: 45 (856) 482-1400 'f'EN �`rc � AiSY CQCIPIT' Attorney for Plaintiff LVANIA File Number: 88.28243 CitiMortgage, Inc., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. No.: 13-5889 Civil Russell P. Freeman and Susan R. Freeman, AFFIDAVIT OF SERVICE Defendants PURSUANT TO RULE 3129.1 CitiMortgage, Inc., Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 17 Sinclair Road, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Russell P.Freeman Susan R.Freeman 17 Sinclair Road 17 Sinclair Road Mechanicsburg,PA 17055 Mechanicsburg,PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: CitiMortgage,Inc. (Plaintiff herein) 1000 Technology Drive O'Fallon,MO 63368 4. Name and Address of the last recorded holder of every mortgage of record: CitiMortgage,Inc. Wells Fargo Bank (Plaintiff herein) 101 North Phillips Avenue 1000 Technology Drive Sioux Falls, SD 57104 O'Fallon,MO 63368 Centric Bank,N.A. Silver Spring Office Corporate Headquarters 3601 Vartan Way Harrisburg,PA 17110 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 17 Sinclair Road Cumberland County Courthouse Mechanicsburg,PA 17055 13 N.Hanover Street Carlisle,PA 17013 Commonwealth of Pennsylvania Department of Welfare Monroe Township Tax Office P.O. Box 2675 1375 Creek Road Harrisburg,PA 17105 Boiling Springs,PA 17007 Cumberland County Tax Bureau Cumberland Valley School District 21 Waterford Drive, Suite 201 6746 Carlisle Pike Mechanicsburg,PA 17050 Mechanicsburg,PA 17050 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Robert W. Williams, Esquire Attorney for Plaintiff Date: 122-1 I lA MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire i 1j4it, , Ii.f ID No. 315501 Al 'fir 10: 1 East Stow Road ,7 1,1118,7, Marlton,NJ 08053 INNS y COUpj r v (856) 482-1400 Attorney for Plaintiff �"MA t File Number: 88.28243 CitiMortgage, Inc., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. No.: 13-5889 Civil Russell P. Freeman NOTICE OF SHERIFF'S SALE OF and REAL PROPERTY PURSUANT Susan R. Freeman, TO PA.R.C.P.3129 Defendants TAKE NOTICE: Your house (real estate) at 17 Sinclair Road, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff's sale on June 4,2014 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $155,300.60 obtained by CitiMortgage, Inc.. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead&Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped,your property will be sold to the highest bidder. You may find out the bid price by calling Milstead&Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time,the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 88.28243 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S) Russell P. Freeman Susan R. Freeman PLAINTIFF/SELLER: CitiMortgage, Inc. DEFENDANT(S): Russell P. Freeman Susan R. Freeman PROPERTY: 17 Sinclair Road Mechanicsburg, PA 17055 (Improvements erected thereon) JUDGMENT AMOUNT: $155,300.60 CUMBERLAND COUNTY No.: 13-5889 Civil The above captioned property is scheduled to be sold at Sheriffs Sale on June 4,2014 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed hereto within 10 days after the filing of the schedule. erely, ( , 4 , _ _ , ■ j Robert W. Williams, Esquire MILSTEAD & ASSOCIATES, LLC 1 East Stow Road Marlton,NJ 08053 88.28243 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5889 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE,INC. Plaintiff(s) From RUSSELL P. FREEMAN,SUSAN R. FREEMAN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $155,300.60 L.L.: $.50 Interest FROM 12/31/13 TO DATE OF SALE AT$20.48 PER DIEM(6%) Atty's Comm: Due Prothy: $2.25 Atty Paid: $204.05 Other Costs: Plaintiff Paid: Date: 1/29/14 ThaLi-Zel—/-/ David D. B ell, Prothonotary (Seal) � �i - _ /G/yy _ Deputy REQUESTING PARTY: Name: ROBERT W. WILLIAMS,ESQUIRE Address: MILSTEAD&ASSOCIATES,LLC 1 EAST STOW ROAD MARLTON,NJ 08053 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File number: 88.28243 1,L.E0-01712E THE PROTHONOTAR', 2814 MAR 1 1 kti 10: 51 CUMBERLAND COUNTY PENNSYLVANIA CitiMortgage, Inc., Plaintiff, Vs. Russell P. Freeman, and Susan R. Freeman, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-5889 Civil Praecipe to Vacate Judgment and Discontinue and End Action TO THE PROTHONOTARY: Kindly vacate the Default Judgment filed on January 7, 2014 in the amount of $155,300.60 and discontinue and end the above captioned Mortgage Foreclosure action without Prejudice. MILSTE & ASS CIATES, L C Rob rt W. Williams, Esquire Attorney ID NO, 315501 9.3-b p c# /2? V, A916‘.-3 SFIERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy to 2014 MAR 10 PM 2: 37 Richard W Stewart F ` Solicitor ...r E ! W _.UMBERLANJ COU i t ,^_f PENNSYLVANIA Citimortgage Inc. Case Number vs. Russell Paul Freeman (et al.) 2013-5889 SHERIFF'S RETURN OF SERVICE 02/24/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $120.61 SO ANSWERS, March 07, 2014 RON&R ANDERSON, SHERIFF a. as , - 6. . S• [-L ,d• a 9S3/S' 04 36 a-793 soft f