HomeMy WebLinkAbout13-6741 Supreme Co, � ifi�?ennsylvania
Courf of Commo For Prothonotary Use Only.
Civil Cove>rSh -eet
Docket No:
CUIVIBERLANf
Coun
4
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of'pleadings or other papers as required by law or rules of'court.
Commencement of Action:
JE Complaint Writ of Summons El Petition
Transfer from Another Jurisdiction 0 Declaration of Taking
Q
�`i Lead Plaintiff's Name: Lead Defendant's Name:
4s'.' CITIMORTGAGE, INC. SANDRA A. MCDADE & DEREK J. SWITZER
T .
Dollar Amount Requested: 0within arbitration limits
F YI Are money damages requested? El Yes 0 No
(check one) E outside arbitration limits
E
1� Is this a Class Action Suit? Yes E No Is this an MDJAppeal? El Yes El No
�1 Name of Plaintiff /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC
® Chech here if you have no attorney (are a Self - Represented [Pro Sel Litiriaut)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
D Intentional ( Buyer Plaintiff Administrative Agencies
1l Malicious Prosecution 1l Debt Collection: Credit Card [ Board of Assessment
17 Motor Vehicle [3 Debt Collection: Other Q Board of Elections
1] Nuisance E] Dept. of Transportation
S Premises Liability ® Statutory Appeal: Other
S 1] Product Liability (does not include
E] Employment Dispute:
mass tort)
Slander/Libel/ Defamation
Discrimination
' Other: [3 Employment Dispute: Other E] Zoning Board
T rl Other:
I Other:
o MASS TORT
Asbestos
N;,`_ rl Tobacco
Toxic Tort -DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
rl Ejectment El Common Law /Statutory Arbitration
rl Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment
0 Ground Rent F7 Mandamus
Landlord/Tenant Dispute Q Non - Domestic Relations
F1 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial 13 Quo Warranto
Dental Partition E3 Replevin
Legal Q Quiet Title Other:
Medical [3 Other:
rl Other Professional:
Updated 1/1/2011
POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id No. 55669 1
Jill Manuel- Coughlin, Esquire Id No. 63252
Mary F. Kennedy, Esquire Id No. 77149 1 I l H i0. J
Meghan K. Boyle, Esquire Id No. 201661
Daniel C. Fanaselle, Esquire Id No. 312292 `; U, ;1 E R L A HD C 0 U, I E Y
Richard J. Nalbandian, III, Esquire Id No. 312653 'PENNSYLVANIA
1310 Industrial Boulevard, Suite 202
Southampton, PA 18966
(215) 942 -2090 ATTORNEYS FOR PLAINTIFF
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368 CIVIL DIVISION
PLAINTIFF CUMBERLAND COUNTY
c.
LO q / ru VS. NO. I � I
SANDRA A. MCDADE COMPLAINT IN
DEREK J. SWITZER MORTGAGE FORECLOSURE
3909 GETTYSBURG ROAD
CAMP HILL, PA 17011
DEFENDANTS
CIVIL ACTION MORTGAGE FORECLOSURE
1. CitiMortgage, Inc. (hereinafter referred to as "Plaintiff') is a Corporation with a principal
place of business in O'Fallon, Missouri.
2. Sandra A. McDade and Derek J. Switzer (hereinafter referred to as "Defendants ") are
adult individuals residing at the address indicated in the caption hereof.
3. Plaintiff brings this action to foreclose on the mortgage between Defendants and itself as
Mortgagee by Assignment. The Mortgage, dated March 5, 2007, was recorded on March
6, 2007 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book
1984, Page 1564. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment
of Mortgage recorded on June 19, 2013 in the Office of Recorder of Deeds in
Cumberland County in Instrument #201320126. A copy of the Mortgage and Assignment
of Mortgage is attached and made a part hereof as Exhibits `A' and `B'.
4. The Mortgage secures the indebtedness of a Note executed by the Defendants on March
5, 2007 in the original principal amount of $118,655.00, which is payable to Plaintiff in
monthly installments with an interest rate of 5.750 %. A copy of the Note is attached a
made a part hereof as Exhibit `C'.
�� `79 g�
Of oa
5. The land subject to the mortgage is 3909 Gettysburg Road, Camp Hill, PA 17011. A
copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and
incorporated herein.
6. The Defendants are the Record Owners of the mortgaged property located at 3909
Gettysburg Road, Camp Hill, PA 17011.
7. The Mortgage is now in default due to the failure of Defendants to make payments as
they became due and owing. As a result of the default, the following amounts are due:
Principal Balance $ 107,796.95
Interest to 10/17/2013 $3,370.89
Accumulated Late Charges $207.66
Inspections $40.50
Escrow Advance Balance $760.83
O/S AppraisalBPO $150.00
Release Fee $55.50
TOTAL $112,382.33
plus interest from 10/18/2013 at $16.9817 per day, costs of suit and attorney's fees.
8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendants in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists.
9. If Defendants have received a discharge of personal liability in a bankruptcy proceeding,
this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal
liability discharged in bankruptcy, but only to foreclose the mortgage and sell the
mortgaged premises pursuant to Pennsylvania Law.
10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a
defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance
( "Act 91 Notice ") 35 P.S. Section 1680.403c.
11. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff
sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to
the Defendants by regular and certified mail on July 10, 2013. A copy of the Notice is
attached and made a part hereof as Exhibit `D'.
POWERS, KIRN & JAVARDIAN, LLC
Gregory Javardian, Esquire Id No. 55669
Jill Manuel - Coughlin, Esquire Id No. 63252
Mary F. Kennedy, Esquire Id No. 77149
Meghan K. Boyle, Esquire Id No. 201661
Daniel C. Fanaselle, Esquire Id No. 312292
Richard J. Nalbandian,lI1, Esquire Id No. 312653
1310 Industrial Boulevard, Suite 202
Southampton, PA 18966
(215) 942 -2090 ATTORNEYS FOR PLAINTIFF
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368 CIVIL DIVISION
PLAINTIFF CUMBERLAND COUNTY
VS. NO.
SANDRA A. MCDADE COMPLAINT IN
DEREK J. SWITZER MORTGAGE FORECLOSURE
3909 GETTYSBURG ROAD
CAMP HILL, PA 17011
DEFENDANTS
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defense or objections to
the claims set forth against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the Court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717 - 249 -3166
800 - 990 -9108
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF.
IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE
VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN
EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT
FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE
NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD
THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO
CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT.
WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendants, in the sum
of $112,382.33, together with interest, costs, fees and charges collectible under the mortgage, including,
but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property.
POWERS, KIRN & JAVARDIAN, LLC
BY: ,✓,✓l
❑Gregory Javardian, Esquire Id. No. 55669
❑Jill Manuel- Coughlin, Esquire Id. No. 63252
❑ Mary F. Kennedy, Esquire Id. No. 77149
❑Meghan K. Boyle, Esquire Id. No. 201661
E3.Daniel C. Fanaselle, Esquire Id. No. 312292
❑ Richard J. Nalbandian, III, Esquire Id. No.
312653
Attorneys for Plaintiff
EXHIBIT A
q 7c
EP. OF DEEDS
rip At1 ng 6 P11
Prepared By:
Valerie Jamizander, ERA Hcoe
Loans
3000 Leadeahall Road Mount
Laurel, NJ 08054
(866) 471 -6683
Return To:
=RA Home Lomas
9700 Bissonnet Street , Suite
81500, HOUSTON, TX 77036
Parcel Number: Premises: 3909 G!T'PYSSUBG RO&D
C " HILL
(Space Above This Lhw For Recording Data]
MORTGAGE
MIN 100020000414869606
DEFINITIONS
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.
(A)'Sewrity Instrument "means this document, which is dated March 5, 2007 ,
together with all Riders to this document.
(B) 'Borrower" is Sandra 1► McDade, AN U1811>A WZD NOMM, Derek J Switser, AN
vso►RR=sD MnM
Borrower is the mortgagor under this Security Instrument.
(G) '?dM" 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. MERS is the mortgagee
under this Secmity Iu buinent. MERS 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 -MERS.
PENNSYLVANIA - Single Family - Fennk Mm1WFrmddle Mme UNIFORM INSTRUM ENT WITH MERS Form 3099 1101
4%4A(PA) (0502)
Page 1 of 16 Inilleis:
VM P Mortgage Solutions. Inc. (800)521.7 B 1
IN1984PG1564
(D) 'lender" is =A Hose Loans
Lender is a Corporation
organized and existing under the laws of Delaware
Lender's address is 3000 Leadenhall Road Mount Laurel, mi 08054
(E) Note" means the promissory note signed by Borrower and dated march 5, 2007
The Note states that Borrower owes Lender One xundrea ttighteea Thousand Six Mmdred
trifty -live Dollars and Zero Cents Dollars
(U.S. $ 118, 655.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than April 1st, 2037
(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.
(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]:
0 Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
Balloon Rider 0 Planned Unit Development Rider El 1-4 Family Ride
ID
VA Rider Biweekly Payment Rider s Other(s) [specify]
MthilAt " A "
(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.
W ' unity 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.
M 'Electronk Funds Transfer" means any transfer of funds, 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) 'Tacrow Items" means those items that are described in Section 3.
M 'Mscelbuwons 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: (i)
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.
(N) "Mortgage InsOMM" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(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.
Inhisb:
4ft -6A(PA) (0502) Page of 18 Form 9038 1101
BK 1984PG 1565
T�
M '4tE.SPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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 successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(I) "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
MERS (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 Coaur r [Type of Recording Jurisdiction)
Of CU D [Name of Recording Jurisdiction]:
See attached Exhibit "A"
which currently has the address of 3909 QVio rrasm i ROAD
[street]
CAM > XLL [City], Pennsylvania 17011 [zip Code]
( "Property Address
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the f is referred to in this
Security Instrument as the " Property." Borrower understands and agrees that 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 not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
Inaids:
at- GA(PA) (0502) Pa9s 9 of 18 Fornt 9059 1101
BKI984PG1566
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.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Prindpal, Interest, Ew"w Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check, , or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment 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 time, 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 immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
1Mraa:
- 9A(PA) (0502) Pges of 16 Form 3039 1/01
BK1984PG1567
can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
one or more Periodic Payments, such excess may be 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. Funn& for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground ruts on the Property, if any; (c)
premium for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if arty, 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 terns 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. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lawler 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
MNIW:
at-WPA) (0602) PWo 5 of I$ FOmt 9099 1101
BKI984PG1568
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 are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless.
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
S. Property Lasarim m. 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.
Initiair
4ft-6A(PA) (0502) pa" e of is Form 3039 1/01
BKI984PG1569
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 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.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. 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
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 r'estor'ation or repair is not economically feasible or Lennde e s security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrumesnt. 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 evert, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies coveting 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.
InR14c
4%-SA(PA) (0602) pap of +e Norm 8099 1101
6Ki984PG!57Q
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 beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste 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 S 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 Properly 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. Leader shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
& Borrower's Loan Appikatiom 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 Leader's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument. including protecting and/or assessing the value of the Property, and 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 (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is 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, Leander 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.
InN41�
4ft -SA(PA) (0502) Ppo a of 16 Form 3038 1101
BK 1984PG 1 57 1
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. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Leander 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. 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 shad 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 an 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 Insurarce ends in accordance with any written agreement between Borrower and
Lertder 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 tine, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. Thane agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreemernts.. 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 arrangeniezit 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 I men. Sod agreements will not fucreme the amount
Borrower will owe for Mortgage Insurance, and they will not eutdtle Borrower to any iWand.
IeNf.lr.
a -wft) (0502) pop a of is Form 3039 1/01
BKI984PG1572
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Ad of 1996 or any other law lbese rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Inommsce terminated autonandcaily, andfor to receive a
refund of any Mortgage Insurance premiums that were untamed at the time of such cancellation or
termination.
1L Assignment of Miscellaneous Proceeds; Forfeltu m All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
U 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 repair and.restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be wulartaken 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 not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrurr=t,
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 siren be applied to the sums secured by this Security Instrument, whetter 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
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing. the sums
secured by this Security Instrument shalt 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 bale 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 am 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 segued by this Security Instrument, whether or not then due. "Opposing Party" mesas 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 acre such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
WOWS: IftBA(PA) ioso2) Papa 10 of Is *JV\-F"3039 1101
8K 1984PG 1573
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Leader.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sutras 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 Assips 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.
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 not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
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 1 t shall be deemed to
Ind":
4WA( ?A) (0602) Pape t t of 16 Form 3059 1101
gK 1984PG 1574
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. H Lender specifies a procedure for reporting Borrower' s
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lends 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 ConstrwUom 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 event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular 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, coroaci for deal, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with section 15
within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reisstate After Acederation. 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 We 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
InNIWa:
4R-SA(PA) (oaoz) Page 12 of Is Form 3039 1101
BK1984PG1575
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 other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights 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 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 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.
20. Sae 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 collets
Periodic Payments due under the Note and this Security Insuument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
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 purchase' of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan So-vim 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 party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive nuttriais;
(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 action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
inwr�:
4R -OA(PA) (0602) Pip• +3 of 16 Form $039 1101
BKI984PG1576
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substages, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecti the Property (a) that is in violation of any Envirounental
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 use, or storage on the Property of small quantities of
Hazardous Substances that are getnerai�rec�ized 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 Leander written notice of (a) any invesdigion, 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 I
now ge. (b) any
Environmental Condition, 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 herein shall create any obligation on
Lender for an Environmental Cleanup.
NON - UNIFORM COVENANTS. Borrower and Leander further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement In this Security Inert (bat not prior to
acceleration cinder Section 18 urless Apps Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the eef� (b) the action required to care the default; (c) when
the defaaht must be cm+ed; and (d) that Ware to cure the default as spedthed may result in
acceleration of the sums secured by this Security Insbveoent, foreclosure by ndkial proeeedis)g Will
sale of the Property. Lender shall fu the haloes Borrower of the right to reinstate after acceleration
and the right to assert In the forecloswre the non-existence of a default or any other
defense of Borrower to acceleration Wad forarlesareItthe default is not cared as specified, Lander at
its option may require immediate payment in full of all sums; secured by this Security In strumen t
without further demand and may firedose this Security last rum d by judicial¢ proceedl Sect L
shall be entitled to collect all expeoees incurred in the ramiles provided In this
including, but not limited to, attorneys' tees and costs of title evidence to the extent permitted by
AppUmble Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and became void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall pay an recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but oily if the fee is paid to a third party for services
rendered and the charging of the fee is pemitted 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 JAL Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
InitHk:
4R.6A(PA) (osoz) Pw• i+ of 1e form 3939 1191
sitI984PG1577
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(sew)
Sandra a McDade - Borrower
(Seal)
Derek J Switzer - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
(Seal) (Seal)
- Borrower - Borrower
4R- 6A(PA) (0502) Pw• Is of 16 Form 3039 1101
BK 1984PG 1578
e
COMMONWEALTH OF PENNSYLVANIA, CUMSMU+>AND County ss:
On this, the 05th day of March, 2007 , before me, the
undersigned officer, personally appeared Sandra A, McDade, Derek J Switzer
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that helshelthey executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
KANDI L. ENOTARIAL EAL g
CARLISLE BORO, NOT ARY
CGUNTY
A4Y COMMISSION EXPIRE3 MARCh 10, 2009 Title of Office
Certificate of Residence
I, valarie Alexander , do hereby certify that
the correct address of the within - named Mortgagee is P.O. Box 2026, Flint, MI 48501 - 2026.
Witness my hand this 05th day of March, 2007
c
va ]Alexander A of M ee
By: C. Himnbaugh, Esq.
innut�
4ft -6 i0602i P.po 1s W 18 Form 9099 1/01
BKI984PG1579
Exhibit A
ALL THAT CERTAIN lot of land situate in the Township of Lower Allen, County of
Cumberland and State of Pennsylvania, being Lot No. 107 on the Plan of Keewaydin, said
plan being recorded in the Office of the Recorder of Deeds in and for said County of
Cumberland in Plan Book 4, Page 42, being more particularly bounded and described as
follows, to wit:
BEGINNING at a point on the South side of the Gettysburg Pike, said point being 250 feet
measured in an easterly direction from the southeastern corner of the intersection of the
said Gettysburg Pike and Cherokee Avenue; thence along the line of Lot 106 on said Plan,
South 31 degrees 20 minutes East 210 feet to a point on the northerly line of Lot No. 119, on
said plan; thence along said Lot No. 119 and 118, on said plan, North 58 degrees 40 minutes
East 70 feet to a point on line of Lot No. 108, on said Plan; thence along line of Lot No. 108
North 31 degrees 20 minutes West 210 feet to a point on the southerly line of the Gettysburg
Pike; thence along said Gettysburg Pike South 58 degrees 40 minutes West 70 feet to a
point, the place of BEGINNING.
I Certify this to be recorded
In Cumberland County PA
Recorder of Deeds
OKI984PG1580
EXHIBIT B
, •, i f
I ` I
I
Return To: VL
CT LIEN SOLUTIONS
PO EOX 29071
GLGh'DALF. CA 91209.9071
Phone fi: 800- 331 -3282
Prepared By:
CITIMORTGAGE, INC
GERALDINE BELINSKI
1000 TECHNOLOGY DRIVE. MS 321
O'FALLON, MO 63368 -2240
Parcel No: 13- 2407 -99 -062
ASSIGNMENT OF MORTGAGE
MFRS SIS fl 888- 679 -6377 MIN: 100020000414869606
KNOW ALL MEN BY THESE PRESENTS that Current Beneficiary: Mortgage Electronic Registration
Systems. Inc. as nominee for ERA Home Loans. its successors and assigns, whose address is 1901 E
Voorhees St. Danville. IL 61834, P.O. Box 2026, Flint. Ml, 48501 -2026, hereinafter si nor the holder of
the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful
money unto it in hand paid by CitiMortgage, Inc., 1000 Technology Drive, O'Fallon, MO,
63368. Assionee 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 Sandra A McDade and
Derek J Switzer to Original Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for
ERA Home Loans, its successors and assigns. bearing the date 03/05/2007, in the amount of
$118,655.00, said Mortgage being recorded on 0310612007 in the County of Cumberland County,
Commonwealth of Pennsylvania, in Book: 1984 Page: 1564 .
Being Known as Premises: 3909 Gettysburg Road. Camp Hill, PA, 17011
Township: Lower Allen
Description /Additional information: See Exhibit A
Together with all Rights. Remedies and incidents thereunto belonging. And all its Right, Title, Interest,
Property. Claim and Demand, in and to the same:
TO HAVE. HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby
granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its
successors and assigns, to and for its only proper use, benefit and behoof forever, subject. nevertheless,
to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named• and his/her/their
heirs and assigns therein.
IN WITNESS WHEREOF, the said Assignor has caused these presents to be duly executed by its
proper officers
Page N 138465520 24449 PA570 Cumberland County internal
i
I
This
Mortgage Electronic Registration Systems, Inc. as nominee for ERA Home Loans. its successors and
asst
e - &4�
Sa dr Wesl
Vic resident
i
Delivered in the Presence of us:
Attest. � 1
Renelle McAleer
STATE OF MISSOURI, ST. CHARLES COUNTY
On 1e - 10 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 ERA Home Loans. its successors and assigns 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.
Wy SYBIL SHORT
No Public - Notary
State of Wa Seal
Commisslorm for SL Louts Cou
My � wh 11. M 16 Notary Public Sybil Short
Commission Expires: 03/19/2016
The precise address within named Assignee is:
1000 Technology Drive, O'Fallon, MO, 63368
J—
;`
Page # 2 38465520 24440 PA570 Cumberland County tniornal
ASSIGNMENT OF MORTGAGE
BETWEEN:
Current Beneficiary: Mortgage Electronic Registration Systems, Inc. as nominee for ERA
Home Loans. its successors and assigns
AND
CltiMortgage, Inc.
MAIL TO:
Current Beneficiary: Mortgage Electronic Registration Systems, Inc.. as nominee for ERA
Home Loans. its successors and assigns
1901 E Voorhees St, Danville, IL 61634, P.Q. Box 2026, Flint, MI, 48501 -2026
Page It 3 38465520 24449 PA570 CumbeAand County Intemai
EXHIBIT A
ALL 'R'1 1T CMCCAIN lot of land situate In the Township or lower Allen, County of
Cumberland and State of i'cntuylvania, being Let 1 \'n. 107 on (lie Plan of keewuydirt, said
plan arcing recorded in the office of the Ke¢urder of oteds in and for sold County of
Cumberland in Plan nault a. Pale 42, being more particularly bounded and described av
follows, to wit:
BF 'GINNING at a point on the Sout)t side of the Gettysburg Pike, raid point being 250 reel
uteasttraal in an easterly direellou fron► the southeastern corner of tfic iolcrveetion of the
said Gettysburg Pike and Cherokee Avenue; thence aluug the line of Lut IU6 on sold flan,
South 31 tlegrets 20 minutes Cind 210 feel 40a point on the northerly line of Lot No. 119, on
said plan; thence along sold Lot No. 119 and 118, an said plan, North 58 dutirems 40 adnutes
East 70 feet to a point on line of 1.ot No. 108, on said Kan; thence along line of Los No. 108
North 31 dcgrem 20 mtanles West 119 feet to n point on the southerly tine of the Gettysburg
Pike; thence along wild Gellphurg Yihe South 58 degrees 40 Wattles West 70 feet to a
print, the place of 11FOINNINfi.
I
ROBERT P. ZIEGLER
RECORDER OF DEEDS ►.
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717- 240 -6370 '
Instrument Number - 201320126
Recorded On 6/19/2013 At 11:41:43 AM * Total Pages - 5
• Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 139774 User ID - MSW
• Mortgagor - SWITZER, DEREK J
• Mortgagee - CITIMORTGAGE INC
• Customer - CT LEIN SOLUTIONS
" FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES — $11,50
RECORDER of DEE This page is now part
PARCEL CERTIFICATION $15.00
FEES of this legal document.
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $55,50
I Certify this to be recorded
in Cumberland County PA
RECORDER O
r
• - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
002ZVL
I I I I I I I II I I III �l� I I lit l I III
EXHIBIT C
MIN #: 10002000041486%06
Loau Number
NOTE MO
March 5, 2007 CAMP HILL Pennsylvania
[Date] [City] [State]
3909 GETTYSBURG ROAD CAMP HILL, PA 17011
[Prcperty Address)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $118, 655.00 (this amount is called "Principal "),
plus interest, to the order of the Lender. The Lender is ERA Hoare Loans
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 Lill amount of Principal has been paid. I will pay interest at a yearly
rate of 5.750 qo.
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 01st day of each month beginning on May let, 2007 I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on April lot, 2037 1 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 at3000 Leadenhall Road Mount Laurel, NJ 08054
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. $ 692.44
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.
MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT
M-5N (g2o71.01 Form 3200 1(01 # 11201125 SONY
VMP M ORTGAGE FORMS - (800)521-7291 CMI # FHLMC
Page t of 3 Initials: PHH": 0041486960
n�
Box#: 30 U
r
S. LOAN CHARGES .
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. if a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by 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 Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to 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.
S. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations 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.
Form 3200 1101
5N (0207).01 Pape 2 of 3 Millais:
�� V V
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
` Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
v
'v� G (Sea.) (Seal)
Sandra A Mena a - Borrower Derek J Sw' tzer - Borrower
(Seal) (Seal)
- Borrower - Borrower
fgMT11EOt of
(Seal) " � � (Seal)
- Borrower ��c�" - Borrower
WITHOUT R
Deanne Roberts, A SSIS tant vice President
(Seal) PHH Mortgage Corp oration (mil)
- Borrower - Borrower
[Sign Original Only]
M-5N to2o Page 3 of 3 Form 3200 1101
m
ALLONGE ATTACHMENT TO THE NOTE
CENDANT REF:
INVESTOR REF: low
Pool #:
Allonge to that certain note dated 05- Mar -07
In the amount of $ $ 118655
To: MCDADE SANDRA A
DEREK J SWITZER
Premises: Gettysburg Road 3909
CAMP HILL, PA 17011
Pay to the order of
without recourse this the October 13, 2008
ERA Home Loans
j1
By.
Name: Dolores Lauria
Title: Asst. Vice President
EXHIBIT D
CitiMortgage, Inc PRESORT
PO Box 9090 First -Class Mail
Temecula, CA 92589 -9090 U.S. Postage and
Fees Pad
W SO
7196 9006 9296 8161 6046
Send Payments to;
CitiMortgage, Inc
PO Box 689196
Des Moines, IA 50368 -9196
20130710 -168
( nil � ll l� lnl ' I IU I '�'� I '�II' i l l ' i
DEREK J SWITZER
3909 GETTYSBURG RD
Send Correspondence CAMP HILL, PA 17011-6705
CitiMortgage, Inc
6400 Las Colinas Blvd.
Irving, TX 75063
CITIPAACT91
Date: 07/10/2013 Sent Via Certified Mail
7196 9006 9296 8161 6046
DEREK 7 SWITZER
3909 GETTYSBURG RD
CAMP HILL, PA 17011 -6705
RE: Property Address: 3909 GETTYSBURG RD
CAMP HILL, PA 17011
CitiMortgage Loan
ACT 91 NOTICE
TAIKE 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 HOMEOW YER'S EMERGENCYMORTGAGE ASSISTANCE PROGRAM
(HEMAP) fnay 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 THISIVOTICE. 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 8161 6046
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 TRADUCCI6N
IN.MEDIATAM.ENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NANIE(S): DEREK .I SWITZER
SANDRA A MCDADE
PROPERTY ADDRESS: 3909 GETTYSBURG RD
CAMP HILL, PA 17011
LOAN ACCT. NO.: loom
ORIGINAL LENDER: ERA HOME LOANS
CURRENT LENDEWSERVICER: CitiMortgage, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE RHICH CAN SAVE YOUR HO!'IIE
FROAI FORECLOSURE AND HELP YOU AMAE FUTURE MORTGAGE PA EVENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOUNER'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 IVOT 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 8161 6046
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 jace -to face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in deja7ult 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 Mortgtige 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 MV'ST he forwarded to PHFA and received within
thirty (30) days of your face -to fzce meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE: IF YOU HAVE A MEETING WITH
A COUNSELING AGENCY WITHIIN 33 DAIS 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 FROl' STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS
EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE."
YOU HAVE THE RIGHT TO FILE A HE' MP ,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 RILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will he
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.
,4 � t
CITIPAACT91
7196 9006 9296 8161 6046
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 INFOR ATION PURPOSES ONLYAND SHOULD NOT HE
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 THEDEFAULT - The MORTGAGE debt held by the above lender on your property located at:
3909 GETTYSBURG RD
CAMP HILT., PA 17011
IS SERIOUSLYLIj DEFAULT because:
YOU HA KE NOT JVADE AlONTIILY !LIORTGAGE PAYMENTS for the following months and the following amounts
are now past due:
05/01/13 through 07/01113
3 @ $936.70 /month
2 @ $34.61 /late charge/month
$2879.32
Previous Late Charge(s): $34.61
Delinquency Expense(s): $40.50
Unapplied Funds: $( 0.00)
TOTAL AMOUNT PAST DUE: $2,954.43
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS $2,954.43, PLUS ANYMORTGAGE
PA 1'MENTS AND LATE CHARGES WHICHBECOA& DUE DURLNG THE THIRTY (30) DAY PERIOD. Payments
must he made either by cash, cashier's check, certified check, or money= order made payable and sent to:
CitiMortgage, Inc.
P.O. Box 12218
Tucson, AZ 85732 -2218
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DA YS of the elate 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) DA YS, the lender
also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE M FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay 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 LE'A'DER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAUL7' PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at arty time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then
CITIPAACT91
71% 9006 9296 8161 6046
Page 5 of 9
past due, phis ariv 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 tender and by pefforming 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 SHERIFFS SALE DA 7E - It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the
actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE L K'VDER:
Name of Lender: Citi - -Mortgage, Inc.
Address: Y.O. Box 12218
Tucson, AZ 85732 -2218
Phone iYumber. 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 SHERI'FF'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.
YOU AMY ALSO HA YE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR 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, 117 YOU CURE THE DEFAULT. (HO)"EVER, 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.
,_'
0 R�
CITIPAACT91
7196 9006 9296 6161 6046
Page 6 of 9
CONSUMER CREDIT COUlYSELI!'VG AGENCL S SERI TIVG FOUR COUNTY CAN BE LOCATED ON T17E
ATTACHED IIST
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 12218
Tucson, AZ 85732 -2218
CITIPAACT91
7196 9006 9296 8161 6046
Page 7 of 9
r
HEMAP Consumer Credit Counseling Agencies
YORK County
14p"tlast updatcd: 06104/201310:57 , 0 0A
Advantage Credit Counseling Service /CCCS of Western PA Advantage Credit Counseling Service/CCCS of Western PA
2000 Zinglestown Road 55 Clover Hill Road
Harrisburg, PA 17102 Dallastown, PA 17313
888 -511 -2227 885 -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 Iligh Street
Gettysburg, PA 17325
717 -334 -1518
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Repoit last updated: 0004/201310:57 AM
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 -3235
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
.4 C
Page9 of 7116 9006 9296 8161 6046
CitiMortgage, Inc PRESORT
PO Box 9090 First -Class Moil
Temecula, CA 92589 -9090 U.S. Postage and
11 1111111 11111 Fees Paid
wsO
7196 9006 9296 8161 6022
Send Payments to:
CitiMortgage, Inc
PO Box 689196
Des Moines, IA 50368 -9196
20130710 -168
SANDRA A MCDADE
3909 GETTYSBURG RD
Send Correspondence to. CAMP HILL, PA 17011-6705
CitiMortgage, Inc
6400 Las Colinas Blvd.
Irving, TX 75063
CITIPAACT91
Date: 07/10/2013 Sent Via Certified Mail
7196 9006 9296 8161 6022
SANDRA A MCDADE
3909 GETTYSBURG RD
CAMP HILL, PA 17011 -6705
RE: Property Address: 3909 GETTYSBURG RD
CAMP HILL, PA 17011
CitiMortgage Loan #:
ACT 91 NOTICE
TAB ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your hofne is in default, and the lender
intends to foreclose. Specific information about the nature of the default is provided in
the attached pages.
The HOMEOW'NER'S EMERGENCYMORTGAGE ASSISTANCE PROGRAM
(HEAIAP) may be able to help save your home. This Notice explains how the program
works.
To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT
COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency.
The name, address, and phone number of 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 8161 6022
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 LLAMA_NYDO ESTA AGENCIA (P.ENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
ROMEO) NER'S NAME(S): SANDRA A MCDADE
DEREK 7 S`%`ITZER
PROPERTY ADDRESS: 3909 GETTYSBURG RD
CAN-4P HILL, PA 17011
LOAN ACCT. NO.:
ORIGINAL LENDER: ERA HOME LOANS
CURRENT LENDERISERVICER. CitiMortgage, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE OWICII CAN SAVE YOUR II011EE
FR0JV FORECLOSURE AND KELP 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
EA ERGENCY MORTGAGE ASSISTANCE, YOU MUST BR[NG 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.
CONSUAIER CREDIT CObWSELING 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
CITI PAACT91
7196 9006 9296 8161 6022
Page 3 of 9
(30) days after the date of this rneeting. 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 ford:
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 f om 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 Arotice.
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 HEn2AP APPLICATION AS SOON AS POSSIBLE. IF YOU HAYS A MEETING WITH
A COUNSELING AGENCY WITHA' 33 DAYS OF THE POSTMARK" DATE OF THIS NOTICE AND FILE AN
APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THE,'V'' THE LENDER WILL BE
TEMPORARILY PREVENTED FROM STARTR4'G A FORECLOSURE AGAINST YOUR PROPERTY, AS
EXPLAIINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE."
YOU RAM THE RIGHT TO FILE A HEAMP APPLICATION EVEN BEYOND THESE TIME PERIODS. A
LATE APPLICATION WILL .NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTIO'4;
BUT IF FOUR APPLICATION IS EVENTUALLY APPROYE'D AT ANY TIME BEFORE A SHERIFF'S STILE,
THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available fiends 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
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Page 4 of 9
NOTE. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OFA PETITION1jV BA_ xRUFTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORRLATIONPURPOSES ONLYAND SHOULD NOT BE
CONSIDERED AS ANA TTR UPT TO COLLECT THE DEBT.
(rf you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
r'VA TUR , OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
3909 GETTYSBURG RD
CAMP HILL, PA 17011
IS SERIOUSLYLY DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PA EVENTS for the following months and the Jllowing amounts
are now past due:
05/01/13 through 07101/13
3 @ $936.70 /month
2 @ $34.61 /late charge /month
$2879.32
Previous Late Charge(s): $34.61
Delinquency Expense(s): $40.50
Unapplied Funds: $0.00
TOTAL AMOUNT PAST DUE: $2,954.43
HOW TO CURE THE DEFAULT - You may cure the default within TI-HR TY(30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WIIICHIS $2,954.43, PLUS ANY MORTGAGE
PA)1 Er1'TS A!'VD LATE CHARGES WHICH BECOME DUE DURLVG THE TIIIRT'Y (30) DAYPERIOD. Payments
must he made either by cash, cashier's check, certified check, or money order made payable and sent to:
CitiMortgage, Inc.
P.O. Box 12218
Tucson, AZ 85732 -2218
IF YOU DO NOT CURE THE DEFAULT - If you do not dire the default within THIRTY (30) D,AI'S of the date of
this Notice, the lender intends to erercise 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. Iffull 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 AlORTG.AGE IS FORECLOSED UPON - The mortgaged property 11411 be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins
legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually
incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the
amount you owe the lender, which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAYperiod, you will not be required to pay attorney's fees.
OTHER LENDER REAIEDIES - The leader may also site you personally for the unpaid principal balance and all
other sums clue under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then
CITIPAACT91
7196 9006 9296 8161 6022
Page 5 of 9
past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure
sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any
other requirements under the mortgage. Curiug 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 vvill 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 TITE LENDER:
Name of Lender. CitiMortgage, Inc.
Address. P.O. Box 12218
Tucson, AZ 85732 -2218
Phone Number. 1- 877 -362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also
available. To access: Dial 711 from the United States or Dial 1- 866- 280 -2050 from
Puerto Rico.
Fax Number: 1 -866- 940 -8147
Contact Person. MarkAnthony Hartland
E- fail Address: markanthony.b.hartland@citi.com
EFFECT OF SHERIFFS SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSEVI'PTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume
the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to
or at the sale and that other requirements of the mortgage are satisfied.
YOU MAY ALSO HA YE THE RIGHT.
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IT 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.
i
CITIPAACT91
7196 9006 9296 8161 6022
.Page 6 of 9
A >
CONSUMER CREDIT COUNSELING AGENCIES SERPTNG YOUR COUNTY CAN BE LOCATEt? 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 12218
Tucson, AZ 85732 -2218
CITIPAACT91
7196 9006 9296 8161.6022
Page 7 of 9
HEMAP Consumer Credit Counseling Agencies
YORK County
Rcjxxt last updated: 06/04/201310:57 ANI
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
888-511-22227 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
C
Page 8of9 7196 9006 9296 8161 6022
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
12cp(xt last updated: ON01/201310:57 AM
Advantage Credit Counseling Service/CCCS of Western PA Conmlunity Action Commission of Capital Region
2000 Linglestown Road 1514 Deny Street
Harrisburg, PA 17102 Harrisburg, PA 17104
888 -511 -2227 717- 232 -9757
Housing Alliance of Yorh/Y Housing Resources Maranatha
290 Rest Market Street 43 Philadelphia Avenue
York, PA 17401 «'aynesboro, PA 17268
717 -855 -2752 717- 762 -3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg, PA 17102 Chanlbersburg, 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
4C
Page9of9 7196 9006 9296 8161 6022
f
s
VERIFICATION
Baowei Tao 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.
B y : —
Printed Name: Baowei Tao
Title: l�he}ia�es,r - yoc wrne. ± C-7 i "
Plaintiff: CitiMortgage, Inc.
Date: Oc i, �=, i4
FILE #: 13 -1361
NAME: MCDADE, SANDRA A. & SWITZER, DEREK J.
►� POWERS, KIRN & JAVARDIAN, LLC
'Gregory Javardian, Esquire Id No. 55669
Jill Manuel - Coughlin, Esquire Id No. 6 3 2 5 2 1 ; ;
Mary F. Kennedy, Esquire Id No. 77149
Meghan K. Boyle, Esquire Id No. 201661 7 1 1 31 N0, '1 1 4 A 3 G
Daniel C. Fanaselle, Esquire Id No. 312292
Richard J. Nalbandian, III, Esquire Id No. 312653 "! I M 5 E R L n t� D C C U HTY
1310 Industrial Boulevard, Suite 202 P F N N S M A N 1 A
Southampton, PA 18966
(215) 942 -2090 ATTORNEYS FOR PLAINTIFF
CITIMORTGAGE, INC. COURT OF COMMON PLEAS
1000 TECHNOLOGY DRIVE
O'FALLON, MO 63368 CIVIL DIVISION
PLAINTIFF CUMBERLAND COUNTY
VS. NO.
1 ( 7//
SANDRA A. MCDADE COMPLAINT IN
DEREK J. SWITZER MORTGAGE FORECLOSURE
3909 GETTYSBURG ROAD
CAMP HILL, PA 17011
DEFENDANTS
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action you may be
able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a conciliation
conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at
717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no
charge to you. Once you have been appointed a legal representative you must promptly meet with that legal
representative within twenty 20 days of the appointment date. During that meeting you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your
behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal
representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with
the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to
work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer you and your lawyer must take the following steps to be eligible
for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a
legal representative. However you must provide your lawyer with all requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the
format attached hereto your lawyer will prepare and file a Request for Conciliation
Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the
foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet
with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the
mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS
REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE.
- -:;Z�7_.,.
Date Respectfully submitted,
']Gregory Javardian, Esquire Id. No. 55669
❑Jill Manuel - Coughlin, Esquire Id. No.63252
'Mary F. Kennedy, Esquire Id. No. 77149
%IMeghan K. Boyle, Esquire Id. No. 201661
X:Daniel C. Fanaselle, Esquire Id. No. 312292
El Richard J. Nalbandian, II1, Esquire Id. No. 312653
Attorneys for Plaintiff
T Cumberland County Residential Mortgage Foreclosure Diversion
Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge
CUSTOMER/ PRIMARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name Realtor Phone
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different)
City State: Zip:
Phone Numbers: Home: Office: Cell:
Other:
Email:
Number of people in household How long:
CO- BORROWER
Mailing Address:
City: State Zip:
Phone Numbers: Home:
Office: Cell: Other:
Email:
Number of people in household How long:
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan
Loan Number Total Mortgage Payments Amount: $ Included Taxes
Insurance:$ Date of Last Payment:
Primary Reason for default:
r
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes provide names, location of court, case number & attorney
Assets Amount Owed: Value:
Home: $ $
Other Real Estate $ $
Retirement Funds $ $
Investments $ $
Checking $ $
Savings $ $
Other $ $
Automobile #1: Model Year:
Amount owed: $ Value:
Automobile #2: Model Year:
Amount owed $ Value:
Other transportation (automobiles boats motorcycles Model) Model:
Year: Amount owed $: Value: $
MONTHLY INCOME
Name of Employers
1.
2.
3.
Additional Income Description (not wages):
1. monthly amount $
2. monthly amount $
Borrower Pay Days: Co- Borrower Pay Days
MONTHLY EXPENSES
(Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage $ Food $
2nd Mortgage $ Utilities $
Car Payment(s) $ Condo/Neigh. Fees $
Auto Insurance $ Med not covered $
Auto fuel /repairs $ Other prop payment $
Install Loan Payment $ Cable TV $
Child Support/Alimony $ Spending Money $
Day /Child Care Tuition $ Other Expenses $
Amount Available for Monthly Mortgage Payments Based on Income Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes please provide the following information
Counseling Agency:
Counselor:
Phone Office: Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance
Yes ❑ No ❑
If yes please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency Yes ❑ No ❑
If yes please indicate the status of those negotiations:
Please provide the following information if known regarding your lender's or lender loan
servicing company Lender Contact (Name)
Phone
Servicing Company (Name)
Contact: Phone
AUTHORIZATION
I /We authorize the above named to use /refer this information to my
lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We
understand that 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
Gregory Javardian, Esquire, lender counsel:
Proof of income
Bank statements to cover the last 60 day period
If self employed, we must have the last 3 bank statements from both their business and personal bank accounts.
Proof of any expected income for the last 45 days
Dodd Frank Certificate
4506T -EZ form
Copy of last two months utility bill
Letter explaining reason for delinquency and any supporting documentation
Hardship letter
Listing agreement if property is currently on the market
Gregory Javardian, Esquire
1310 Industrial Boulevard
2 °d Floor, Suite 202
Southampton, PA 18966
(tel) 215- 942 -2090
(fax) 215- 942 -8661
Attention: Panjola Alikaj
Panj_ola.alikaj na,pkj llc.com
(tel) 215- 942 -2090
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
RonnyRAnderson I `1 1
Sheriff , '"
Jody S Smith ''�° �a• I
Chief Deputy ; :, 1,113 DEC 1 I PM 1
Richard W Stewart � ' �SE�L ,P �'
Solicitor =)`p,' ,mHE >.-ER,1P� PEH SYLVA°' IA
CITIMORTGAGE, Inc.
vs. Case Number
Sandra A McDade (et al.) 2013-6741
SHERIFF'S RETURN OF SERVICE
11/19/2013 02:33 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Sandra A McDade, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at
3909 Gettysburg Road, Lower Allen, Camp Hill, PA 17011. Residence appears to be vacant.
11/19/2013 02:33 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Derek J Switzer, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at
3909 Gettysburg Road, Lower Allen, Camp Hill, PA 17011. Residence appears to be vacant.
12/04/2013 04:46 PM - Deputy Dennis Fry, 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: Derek
J Switzer at 1001 Rupley Rd. Apt 307, Camp Hill, PA 17011.
DD Y, D PUTY
12/04/2013 04:46 PM- Deputy Dennis Fry, 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: Sandra
A McDade at 1001 Rupley Rd.Apt 307, Camp Hill, PA 17011.
DEN S FRY, DEP1i
SHERIFF COST: $87.90 SO ANSWERS,
t ,. ..::? X.."&a-----,--
December 05, 2013 RONR ANDERSON, SHERIFF
0 t U-ii:u :na-f'." OSCB ....
POWERS, KIRN & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
JILL MANUEL - COUGHLIN, ESQUIRE Id No. 63252
DANIEL C. FANASELLE, ESQUIRE Id No. 312292
1310 INDUSTRIAL BOULEVARD
2nd Floor, SUITE 201
SOUTHAMPTON, PA 18966
(215) 942 -2090
CitiMortgage, Inc
1000 Technology Drive
O'Fallon, MO 63368
vs.
Sandra A. McDade
Derek J. Switzer
1001 Rupley Road, APT 307
Camp Hill, PA 17011
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2013 -6741
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
PR I O {i'''i iO: 08
BERLAN[D COUNTY
ENNSYLVANIA
Kindly enter judgment in favor of the Plaintiff and against Sandra A. McDade and Derek J. Switzer,
Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for
foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows:
As Set forth in Complaint $112,382.33
Interest 10/18/2013 to 4/8/2014 2,937.83
TOTAL $115,320.16
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s are as shown above, and
(2) that notice has been given in accordance with Rule 237 opy at e d
Damages are hereby assessed as indicated.
DATE: L% i 1 f
, 1
regory J. V. Tan, E quire Id. No.1Y. 6.9
Jill Manu: - Coughlin, Esquire Id No. 63
LDaniel C. anaselle, Esquire Id No. 3122
Attorneys for Plaintiff
PROTHONOTARY
0, 6RP.S0pd Q j
2 3b(-1a4?
Tirr-kie rot,. "Le _C
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
of :nn bet',
tb
O'r FICE OF TN.E SHERIFF
CITIMORTGAGE, Inc.
vs.
Sandra A McDade (et at.)
Case Number
2013 -6741
SHERIFF'S RETURN OF SERVICE
11/19/2013 02:33 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Sandra A McDade, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at
3909 Gettysburg Road, Lower Allen, Camp Hill, PA 17011. Residence appears to be vacant.
11/19/2013 02:33 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Derek J Switzer, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential
Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at
3909 Gettysburg Road, Lower Allen, Camp Hill, PA 17011. Residence appears to be vacant.
F1212/04/201 3.04:46 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
C'personally" handing 'a-true copy to -a person representing themselves'tobe the Defendant - to:wit :- Derek,
[J Switzer at 1001 Rupley Rd. Apt 307, Camp Hill, PA 17011..Ji
DENNIS FRY, DEPUTY
12/04/2013 04:46 PM - Deputy Dennis Fry, 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- frue.copy to a person. representing . tfiems elves to be-the-Defendant -to wit: an ra-7
A McDade at 1001 Rupley Rd.Apt -307, Camp" Hill,-PA_17011:
DEN IS FRY D TY'
SHERIFF COST: $87.90 SO ANSWERS,
December 05, 2013 RONNY R ANDERSON, SHERIFF
.) -
(e) CountySwto Siontt, TTOleosofi Inc
#13 -1361
POWERS, KIRN & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE ID. NO. 55669
JILL MANU.EL- COUGHLIN, ESQUIRE ID. NO. 63252
JOLANTA PEKALSKA, ESQUIRE ID. NO. 307968
DANIEL C. FANASELLE, ESQUIRE ID. NO. 312292
RICHARD J. NALBANDIAN, III, ESQUIRE ID. NO. 312653
MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549
1310 INDUSTRIAL BOULEVARD
2° FLOOR, SUITE 202
SOUTHAMPTON, PA 18966
(215) 942 -2090
ATTORNEYS FOR PLAINTIFF
CITIMORTGAGE, INC.
VS.
DEREK J. SWITZER & SANDRA A. MCDADE
DEFENDANTS
Sandra A. McDade
3909 Gettysburg Road
Camp Hill, PA 17011
PLAINTIFF
Sandra A.McDade
1001 Rupley Road, Apt. 307
Camp Hill, PA 17011
DATE OF NOTICE: January
(<1 ,2014
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 13 -6741 CIVIL
Derek J. Switzer
3909 Gettysburg Road
Camp Hill, PA 17011
Derek J. Switzer
1001 Rupley Road, Apt. 307
Camp Hill, PA 17011
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to take action required by you in this case. Unless you act within ten (10) days from
the date of this notice, .a judgment may be entered against you without a hearing and you may lose your property or other
important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or
telephone the following office to find out where you can get legal help.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013 -
Phone: 717- 243 -9400
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013 -
Phone: 717 -249 -3166
Powers, Kim & Javardian, LLC
BY:
❑ Gregory3lvardian, Esquire Id. No. 55669
❑ Jill Manuel- Coughlin, Esquire Id. No. 63252
❑ Jolanta Pekalska, Esquire Id. No. 307968
❑ Daniel C. Fanaselle, Esquire 'Id. No. 312292
❑ Richard J. Nalbandian, III, Esquire Id. No. 312653
❑ Matthew J. McDonnell, Esquire Id. No. 313549
Usted se encuentra en estado de rcbeldia por no haber tornado la action requiida dc su parte en este caso. Al no
tomar la action debida dentro de un termino de dicz (10) Bias de csta notificacion, el tribunal podra, sin necesidad de
compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y
otros derechos importantes. Debe Ilevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o
si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direction se
encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE"
POWERS, KIRN & JAVARDIAN, LLC
GREGORY JAVARDIAN, ESQUIRE Id. No. 55669
JILL MANUEL - COUGHLIN, ESQUIRE Id No. 63252
DANIEL C. FANASELLE, ESQUIRE Id No. 312292
1310 INDUSTRIAL BOULEVARD
2nd Floor, SUITE 201
SOUTHAMPTON, PA 18966
(215) 942 -2090
CitiMortgage, Inc
vs.
Sandra A. McDade
Derek J. Switzer
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2013 -6741
VERIFICATION OF NON - MILITARY SERVICE
Jill Manuel - Coughlin, Esquire, hereby verifies that he /she is attorney for the Plaintiff in the
above - captioned matter, and that on information and belief, he /she has knowledge of the following facts, to wit:
(a) Defendant(s), Sandra A. McDade and Derek J. Switzer, is /are not in the Military or Naval
Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief
Act, 50 U.S.C.S. Appx. §§ 501 et. seq.
(b) Defendant, Sandra A. McDade, is over 18 years of age, and resides at 1001 Rupley Road,
Apt 307, Camp Hill, PA 17011.
(c) Defendant, Derek J. Switzer, is over 18 years of age, and resides at 1001 Rupley Road, Apt
307, Camp Hill, PA 17011.
(d) Plaintiff, CitiMortgage, Inc, is an institution conducing business under the Laws of the
Commonwealth of Pennsylvania with an address of 1000 Technology Drive, O'Fallon, MO 63368.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
❑ • regory J , vardi . nlc squire Id. No. 5669
ill Manus! - Coughlin, Esquire Id No. 63252
Daniel C. Fanaselle, Esquire Id No. 312292
Attorneys for Plaintiff
Department of Defense Manpower Data Center
Results as of : Apr - 08.2014 07:29:22 AM
SCRA 3.0
Status Report
Pursuant to Sew eern.embers Civil Relief Act.
Last Name: MCDADE
First Name: SANDRA
Middle Name: A
Active Duty Status As Of: Apr -08 -2014
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NArf ■ : li . .
4 No N.
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
yi1
■
! 4
Left Active Duty Within 367 Da s of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
1 NA
. No 1,
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His /Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA' `. ..,
- . ,✓r No -.'+�
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center; based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: I8P3LB7CF0D5LCO
Department of Defense Manpower Data Center
Results as of : Apr -08-2014 07:32:09 AM
SCRA 3.0
Status Report
Pursuant to Seivicemembers Civil Relief Act
Last Name: SWITZER
First Name: DEREK
Middle Name: J
Active Duty Status As Of: Apr -08 -2014
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA.' . .. -"
' �i No
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
- NA �. - '. ♦
_, No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA .M
No '.
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
�y
Upon searching the data banks of the Department of Defense ManpowerData 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.
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOM Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: V84AWB5CV0F83F0