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HomeMy WebLinkAbout13-6744 Supreme Court of Pennsylvania Cou>t t,ry Comto ;n Pleas V0 Cb 1 f'et For Prothonotarp Use Onl ,: C1J1V_F,P1 A b County Docket No: The information collected on this /ornr is usecl solely for crnrrt administration ptnposcs. This doers not satpplemerrt or replace the filing acrd service c� plea dings or olher prapers as regrdred hV kris or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Takin C Lead Plaintiff's Name: Lead Defendant's Name: T CitiMort a e, Inc. Donald R Fuller, et al I Are money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits O check one ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Robert W. Williams. Esquire ❑ Check here if you have no attorney (are a Self - Represented IPo Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that y ou consider most important. TORT (do not include Mass Tort) CONTRACT (do not include judgments) CIVIL APPEALS ❑ Intentional. ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution El Motor Vehicle ❑Debt Collection: Credit Card F1 Board of Assessment El Nuisance ❑ Debt Collection: Other El Board of Elections ❑ Premises Liability ❑ Dept. of Transportation ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑ Employment Dispute: S ❑ Slander /Libel /Defamation Discrimination El Other: ❑ Employment Dis ute: Other E p El Zoning Board C ❑ Other: T MASS TORT I ❑ Asbestos ❑Other: O ❑ Tobacco N ❑ Toxic Tort — DES ❑ Toxic Tort — Implant REAL PROPERTY MISCELLANEOUS $ ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations PROFESSIONAL LIABILITY ® Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ [I Replevin Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 ( ' 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 E NNS yL V %N A� � r r (856) 482 -1400 Attorney for Plaintiff File: 88.26549 CitiMortgage, Inc. COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY O'Fallon, MO 63368, Plaintiff, Vs. � No.. y `1 CIVI Donald R Fuller CIVIL ACTION MORTGAGE 515 Harding St FORECLOSURE New Cumberland, PA 17070, and Margery L Hempt 515 Harding St New Cumberland, PA 17070, Defendants V a0 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717 - 249 -3166 800 - 990 -9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482 -1400 Attorney for Plaintiff CitiMortgage, Inc. COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY O'Fallon, MO 63368, Plaintiff, No.. Vs. CIVIL ACTION MORTGAGE Donald R Fuller FORECLOSURE 515 Harding St New Cumberland, PA 17070, and Margery L Hempt 515 Harding St New Cumberland, PA 17070, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, CitiMortgage, Inc. (the "Plaintiff'), is registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1000 Technology Drive, O'Fallon, MO 63368. 2. Defendants, Donald R Fuller and Margery L Hempt, (collectively, the "Defendants "), are adult individuals and are the real owners of the premises hereinafter described by virtue of a Deed dated June 26, 2006, recorded July 31, 2006 in Deed Book 275, Page 4446. The Deed is attached hereto as Exhibit "A" and made a part hereof. 3. Defendant Donald R Fuller, JR, upon information and belief, resides at 515 Harding St, New Cumberland, PA 17070. Defendant Margery L Hempt, upon information and belief, resides at 515 Harding St, New Cumberland, PA 17070. 4. On July 28, 2006, in consideration of a loan in the principal amount of $130,000.00, the Defendants executed and delivered to Fulton Bank a note (the "Note ") with interest thereon at 7.125 percent per annum, payable as to the principal and interest in equal monthly installments of $875.83 commencing September 1, 2006. The Note is attached hereto as Exhibit "B" and made a part hereof. 5. To secure the obligations under the Note, the Defendants executed and delivered to Mortgage Electronic Registration Systems, Inc., solely as nominee for Fulton Bank a mortgage (the "Mortgage ") dated July 28, 2006, recorded on July 31, 2006 in the Department of Records in and for the County of Cumberland under Mortgage Book 1960, Page 0896. The Mortgage is attached hereto as Exhibit "C" and made a part hereof. 6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded August 1, 2011 under Instrument 201121207. The recorded Assignment of Mortgage is attached hereto as Exhibit "D" and made a part hereof. 7. The Mortgage secures the following real property (the "Mortgaged Premises "): 518 Harding Street, New Cumberland, PA 17070. A legal description of the Mortgaged Premises is attached hereto as Exhibit "E" and made a part hereof. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due April 1, 2011, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Principal Balance ................ ....................$123,261.85 Accrued but Unpaid Interest from 3/1/11 to 10/31/13 ................. .....................$23,409.81 Escrow Advance Balance ...... ......................$9,087.85 Property Preservation ............. ........................$410.00 Property Inspections ............... ........................$324.00 O/S Property Preservation ..... ......................$3,524.00 O/S BPO Fees .......................... .........................$80.00 Servicing Fees ......................... ........................$287.91 TOTAL as of 10/31/2013 .... ....................$160,385.42 Plus, the following amounts accrued after October 31, 2013: Interest at the Rate of 7.125 percent per annum ($24.0614 per diem); Late Charges per month if applicable. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 518 Harding Street, New Cumberland, PA 17070 as well as to address of residences as listed in paragraph 3 of this document on March 19, 2013, the notice pursuant to § 403 -C of Act 91, and the applicable time periods therein have expired. The Act Notices are attached hereto as Exhibit "F" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $160,385.42, plus the following amounts accruing after October 31, 2013, to the date of judgment: (a) interest of $24.0614 per day, (b) late charges per month if applicable, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. STEAD & ASSOCIATES, LLC Date: *� ' ' ��� k-kY R Bert W. Williams, Esquire Attorney for Plaintiff VERIFICATION Ann Hobbs 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. Signature Printed Name: Ann Hobbs Title: Vice P dent- � Document Control Date: 1 Q ` A J ` /6 CITIMORTGAGE, INC. File #: 88.26549 Name: Donald R. Fuller, Jr. Margery L. Hempt Exhibit A 06/26/2013 03:46 FAX. R002/028 L uT JJ_ 31 Aid 9 a TAX PARCEL # 26-23 -0543 -090 DEED day of Tymo , 2006, by and between: LORRAINE U. DEWEES, Widow, by her Agents, RANDI IL DOEBLER and DIANE C. LEITZINGER, hereinafter referred to individually or collectively, as the case may be, as GRANTOR; - and - DONALD R. FULLER, JR. and MARGERY L. HEMPT, adult individuals, tenants in common, of New Cumberland, Pennsylvania, hereinafter referred to individually or collectively, as the case may be, as GRANTEE. WITNESSETH, that in consideration of One Hundred Thirty Thousand ($130,000.00) Dollars, in hand paid by GRANTEE to GRANTOR, the receipt whereof is hereby acknowledged, the GRANTOR does hereby grant, bargain, and convey to the said GRANTEE, grantee's heirs and assigns: ALL THAT CERTAIN lot or piece of land situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Harding Street, said point being 210 feet in a westerly direction from Elm Street; thence in a southimiy direction by a line parallel with the dividing line between Lots Nos. 102 and 103, Sect i(M.2, of the hereinafter mentioned Plan of Lots 130 feet to a point; thence in a westerly direction along the northern line of a 20 foot alley, 60 feet to a point; thence in a northerly direction by a line parallel with the dividing line between Lots Nos. 100 and 101, Section 2, of the hereinafter mentioned Plan of Lots, 130 feet to Harding Street; thence in an easterly direction along the southern line of Harding Street, 60 feet to the place of BEGINNING. HAVING ERECTED THEREON a two -story brick and frame dwelling known as 518 Harding Street BEING the western 40 feet of Lot No. 102, Section 2 and the eastern 20 feet of Lot No. 101, Section 2, of the Plan of Cumobadand Manor, said Plan being recorded in the Cumberland County Recorder's Office in Carlisle, Pennsylvania, in Plan Book 2, Page 73. UNDER AND SUBJECT to all rights, restrictions, easements and rights-of- -way of prior record. The Grantor, Lorraine U. Dewees, has appointed her daughters as agent, by a Power ofAttorney dated 18 October 1994, intended to be recorded contemporaneously with this deed. BEING the same premises which David R. Nye and Resta M- Nye, his wife, by their deed dated 14 May 1965 and recorded in the Recorder of Deeds in and for Cumberland County, in Deed Book C, Volume 21, at Page 1086, granted and conveyed to Howard R. Dewees and Lorraine U. Dewees, his wife. Thereafter, on z - y 14.v 1 T q $ , eo�r 275 PAW4446 naigar)ni rA i 7•n9-na Pm CUMBERLAND COUNTY InstS 200627223 - Page 1 of 06/26/2013 03:47 FAX Q003/028 the said Howard R. Dewees died and title to the property vested absolutely in Lorraine U. Dewees, the Grantor herein, by virtue of her rights as a tenant by the entireties. AND said GRANTOR does specially WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, the said GRANTOR has hereunto set grantor's hand and seal the day and year first above- written_ LORRAINE U. DEWEES, by her Attorneys-in-Fact (SEAL) Witness R ANDI K. DOEBLER C . P A�p (SEAL) ess DIANE C- LE G I hereby certify that the precise address of the herein 51 S tin,, C� ,.mob cn�aro PA 17070 ` A for Intee s q 80L1K 275 PAGE4447 � g! AI �p�pv�WppNOrip,7 p,�� c N� _� .O 0617617013 12:02:09 PM CUMBERLAND COUNTY InsL# 200627223 - Page 2 of 06/26/2013 03 :47 FAX 11004/028 it � I i COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF wm v ,nq SS.: On this, the I3 day of 2006, before me, a Notary Public, the undrasipW offic pasonaily appeared RANDI K. DOEBL,ER ]mown io me (or satisfactorily proven) to be the person whose name is subscribed to the within instr=eut, and aalmowledged that sand person executed the as= for the purposes thcrm contained in accordance with her duties as one of the Anomeys -in -Fact for the said LORRAINE U. DEWEES. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i No Public GbMfrliJroYVtt1L1 h OF PENNSYiVANA .•?'� 'ti ,y. Notarial Seal '`.._..' b try c c fu�ussiun Ex�xres Dec. 9. 2006 Lu' Ali W f MOM n�%a nn t71 Notaries _, = Q • �, l ob, COMMONWEALTH OF PENNSYLVANIA . yi ; { Ss.: �I.SS� COUNTY OF CE Nr kE ) 4, On this, the a b day of J n• c_ . 2006, before me; a Notary Public, the under6gned officer, personally appeared DIANE C. L nZ3N GER known to me (or satisfactorily proven) to be the pessan whose name is subscribed to the within msnumcut, and acknowledged that said person exe cwted the same for the purposes datum contained is accordance with her duties as one of the Attorneys-in -Fact for the said LORRAME U. DEVIEES- IN WnNFSS V RIMEOF, I hereunto set my band and official seal- Notary Nb lif T li of PENNSYLVAwl► F. KAYE LEffERIKR, Nal�sfr PttbNr ' �'`; cfl,= SNPL 19. I Certify this to be recorded In Cumberland County PA Recorder of Deeds �,�� {449 DOOK 27� nciocron� o•no no PEA CUMBERLAND C OUNT( InsL# 200627223 - Page 3 of Exhibit B NOTE July 28, 2006 HARRISBURG PENNSYLVANIA [Date] (City] fsmtel 518 HARMING STREET, NEW CUMBERLAND, PA 17070 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 130, 000. 00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is PVT.TON BANK I will make all payments under this Note in the form of cash, check or money order. I understand that the lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST _ Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 7.125 %. 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 snaking a payment every month. I will make my monthly payment on the 1st day of each month beginning on September 01, 2006 . 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 August 01, 2036 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at oNE PENN sguARE, LANCASTER, PA 17602 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. $ 875. 83 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 accused 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. MULrIS IA It I-OCeO HATE NOTE - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT -SN Iozo)�.Ot Form 3200 1 /01 VMP MORTGAGE FORMS - (800)52% -729 Page t of 3 in�t�ab: r . 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded pernutled 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 Folder. The amount of the charge will be 5. 000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. - (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling 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 I older a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8_ OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the 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 3 I101 ® (020r10� Page 2 0! 3 tnilials- 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. f (Se � � (Seal) DONALD R FULLER JR - Borrower MARGERY L HEMPT - Borrower i (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - rrower - Borrower (S ) (Seal) ay to the order of - 1momme h1C� °rr er Borrower ithout Recourse; tt'�thK Fulton Bank _ ` 4 W , of By: 4 t3atuatu (Z✓etc xitl ' t Htccour:se on ;:s Name: C'itiAtort bS '� , 8 , , [Sign Original Only] `-fa _..,° i esident 5700515800 5700515800 (M-5N (0207). °1 Page 3 of 3 Form 3200 1101 Exhibit C 06/26/2013 03:47 FAX Q005/028 - ul fill U. Prepared By: Donna Chmielewski 2747 Century Souliavard WYaMISSING, PA 19610 (610)898 -8341 Return To: Fulton Bank One Penn Square, Suite 304 Lancaster, PA 17602 Attn: Post Closing Parcel Number: 7— (9 - ZY 6c5Q3 — (3q a Premises: 518 HARDING STREET NW CUIaERT AID , PA 17070 [Space Above This Lbu For Recardhe Data) MORTGAGE 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) "Security LvArnment" means this document, which is dated July 28, 2006 together with all Riders to this document. (B) "Borrower" is DONALD R FULLER JR, MARG ERY L HEST Borrower is the mortgagor under this Security Instrument. (C) "HERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. IVCM is the mortgagee under this Security Instrument- MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 49501-2026, tel. (888) 679 -MERS. renea f LVMFVV - Single Family - Fannie Mae/Fraddi• Mac UNIFORM INSTRUMENT V fITH HERS at -GA(PA) losoel.oi Form 3039 1f01 Page 1 of t irurieu; VMP Ma D" sm marc. Inc. UK 1 98:9 °6 ncrouon +� i o-nc - na can Ct IMSERLAND COUNTY lnst.# 200627224 - Page t of 06/26/2013 03:47 FAX 1a006/028 (D) 'Lender" is ri MTON BANK Lender is a CORPORATION organized and existing under the laws of STATE OF PENNSYLVANIA Lender's address is ONE pnW SQUARE, LAI*'"TZR, PA 17602 (E) "Note" means the promissory note signed by Borrower and dated July 28, 2006 '!fie Note states that Borrower owes Lender One Hundred Thirty Thousand And Zer4D/100 Dollars (U.S. $130, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 01, 2036 (1F) "Ptopetly" 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 We charges due under the Note, and all sums due under this Security Instrument, plus interest_ (1T) "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]: El Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider Balloon Rider Planned Unit Development Rider 0 1-4 Family Rider VA Rider 0 Biweekly Payment Rider ® Other(s) lspecifyl Legal Description (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. (3) "Community Association Does, Fees, and Ate" 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- (IQ "Electronic Fonds 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) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" morns any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Seaton 5) for: (i) damage to, or destruction of, the Property; (ii) condettmation 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 Insurance" 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 Ins WOWS: 4 - SA(PA) mosixt P@ 2 of 16 / �r�, J ap �,_ Form 3039 1/01 8K I96OPG49.97 0612W2013 12:05:08 PM CUMBERLAND COUNTY InsL# 200627224 - Page 2 of 06/26/2013 03:48 FAX Q007/028 (P) 'VMPA" means the Real Estate Settlemcm Procedures Act (12 U.S.C. Section 2601 er seq.) and its implementing rrgulation, Regulation X (24 C.F.R. Pan 3500), as they might be amended from time to trine, 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. (Q) "Successor In Interest of Borrower" meant 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 MERS, the following described property located in the County rZype of Recording Jurisdiction) of CM4RzRS.AM !Name of according Jurisdiction): BEING the same premises more fully described in Exhibit "A" attached and made a part hereof. which currently bas the address of 528 HARDZNG STREET [shed) N= CUbUMRL1AND (city), Pennsylvania 17070 WpCode] ( "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 foregoing is referred to in this Security Instrument as the 'Property." Borrower understands and agrees that MERS bolds 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 1_t�ctrnrnr* id tniW4= — BAtPAI rosoe�.oi Psp# 3 W 16 ,G_ form 3039 Vol .8K { g6Q -F&fl89:8 0612612073 12:05:08 PM CUMBERLAND COUNTY IrtsL# 200627224 - Page 3 of 06/26/2013 03:48 FAX U008/028 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 bender covenant and agree as follows: 1. Payment of PdDdpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check. treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender wben 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 bold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of titre, Lender shall either apply such funds or return them to Borrower, if not applied earlier, such funds will be applied to the outstanding principal balatttxx 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 or Paymeets 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 iwwc et "(PA) tososi zi Page 4.1 16 CK_t�O� , Form 3039 1101 .8K 19 6 O'-PG 0 8'9 9 0606/7013 12:05:08 PM CUMBERLAND COUNTY lnst_# 200627224 - Page 4 of 06/26/2013 03:48 FAX U009/028 can be paid in full_ To the extent that any excess exists after the payment is applied to the frill 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, insurunce 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. Fowls for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (e) premiums for any and all insurance required by Loader under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items.' At origination or at any time daring the term of the Loan, Lauder 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 hero. Borrower shalt promptly finmsh 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 Finds 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 Lander 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 Loader all Fonds, and in such amounts, that are then requited 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 tinder RESPA. Lender shall estimate the amount of Funds dude on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accorda with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrume ntality, 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 Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is shade 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 t - GA(PA) moei.oi r.o. s W ie inkkow 1D Form 3039 1/01 ount 19 60PG0gnr*©: 06/26/2013 12 :05:08 PM CUMBERLAND COUNTY Inst# 200627224 - Page 5 of 1 06/26/2013 03:48 FAX 010/028 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, assessmen charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rem on the Property, if any, and Community Association Dues, Fees, and Assessments, if arty. 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 lice 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 (e) 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 alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in eormection with this Loan. S. Property Insurnnm 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 Leader requires pursumt to the preceding sentences can change during the term of the Loan. The inumnce carrier providing the insurance shall be chosen b Borrower subject to Lender's right to disapprove Boumwer'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 cove determination, certification and tracking services; or (b) a one -time charge for flood zone determination and eenlfication 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 Emergtmcy Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. inlfi"R: BA(PA) losoal.os NQt 6 M 15 norm 3039 1101 BK 1 9 W2612013 12:05:08 PM CUMBERLAND COUNTY tnst# 200627224 - Page 6 of 1 06/26/2013 03 :49 FAX R011/028 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 bold the policies and renewal certificates. If Lander 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 rewired 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 sball not be required to pay Borrower any interest or earnings on such proceeds_ Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether 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 -d2y period will begin when the notice is given. In either event, 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 covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. n:fi.i.: 4k - &A {PA) p5oei_oi Pens 7 of 16 Form 3039 1101 OR] 9 6 G PG '0 9 0 2 w?sr a i Tns PM CUMBERLAND COUNTY Inst.# 200627224 - Page 7 of 06/26/2013 03:49 FAX IA 012/028 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Seauty 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 unreasonab withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Main tenance 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 ma the property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shalt be responsible for repairing or restoring the Property only if lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to suds an interior inspection specifying such reasonable cause. S. Borrower's Loam Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Inter in the Property and Rights Under this Security Instrurment. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect 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 inelndes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender inctus no liability for not taking any or all actions authorized under this Section 9. - SA(PA) iososi.oi pbp 6.r ie Form 3039 1101 BURS' 1* 960 FOUG0 9'43 06/26/2013 12:05 :06 PM CUMBERLAND COUNTY Inst# 200627224 - Page 8 of 1 06/26/2013 03:49 FAX Q013/028 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower scmtred by this Security Instrument. These amount shall bear interest at the Note rate from the date of disbursement and shall be payable, with sash 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 tide 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 invnranrr in effect_ If, for any reason, the Mortgage Insurance coverage required by lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Inscmraacc 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 shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by leader 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 Leader's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is requited by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the ram 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 tithe, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage hmixance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insane, 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 premii1m paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pry for Mortgage Insurance, or any other terms of the Loan. Sucb amts wI[I not Inerease the amount Borrower wIll owe for Mortgage Insurance, and they will not entitle Borrower to any refund. - BA(PA) iosoeu.oi Page 9 of Is Farm 3039 1101 - 1960- PG0904 0626. +2013 12:05:08 PM CUMBERLAND COUNTY hst.# 200627224 - Page 9 of 1 06/26/2013 03:50 FAX Q014/028 (b) Any such agreements will not & fed the rights Borrower bw - U any - with respect to the Mortgage Insurance under the homeowners Protection Act of 1998 or any other- law. These rights may Include the tight to receive certain dbckN ures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage la==ke tUuluated aatomrrtially, and/or to receive a refund of any Mortgage Insoranee prentimos that were unearned at the time of such caneegatlon or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous.Pmceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lmxler's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to mspctt such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Ixw 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 Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing. the surd scarred by this Security Instrument shall b reduced by the amount of the Miscellaneous Proc 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 taping, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial talong, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, under is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Parry" means the third party nst that owes Borrower Miscellaneous Proceeds or the party agai whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be lakfw. tt , BAWA) to6oat.o7 raw 10 or i a Foam 3039 1101 DWI96OPGO905 06/2612013 12:05:08 PM CUMBERLAND COUNTY Inst# 200627224 . Page 10 of 1 06/26/2013 03:50 FAX 015/028 dismissed with a ruling that, in Lender's judgment, prectndes forfeiture of the Property or other material itupairmci t of Lender's interest in the Property or rights under this Security Instrument_ The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrumen 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 tban the amount then dux, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a 'co- signer "): (a) is co- signing this Security Inu tnuoenr only to mortgage, grant and convey the co- signer's intrust 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 In strument 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 Emm 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 mccmwrs 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 Leader'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 construod as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohubited 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 connexion 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 (wbether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to "'PAI eosoo-ol Pry. 11 A 1e n Ferret 3039 trot 8K,1960QS0 91 06, 06/26/2013 12:05:06 PM CUMBERLAND COUNTY Inst.# 200627224 - Page 11 of 1 06/26/2013 03:50 FAX. Z016/028 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. if Lender specifies a procedure for repotting 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 lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrumen 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 Instrumen 16. Governing Law; Severabl ty; Rules of Conswwfion. 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. Tr mler of the Property or a Beneflclat interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow amt, the intent of which is the transfer of title by Borrower at a fume date to a purchaser. If all or any pact of the property or any Int=st 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 stuns 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 Rdtastate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 4R- GA1PAl wSUa).o, Pa" 12 of 16 Y1A O 1 _ F.- 3039 V01 }9 &ING 09 - a7� 06/26/2013 12:05:08 PM CUMBERLAND COUNTY Inst_# 200627224 - Page 12 of 1 06/26/2013 03:50 FAX Cj017/028 agreements; (c) pays all expenses incurred in enforcing this Security Instr including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Leader'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, tree user's check or cashier's check, provided any such chock is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration bad occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loon Servicer; Nodes 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 Services') that collects Periodic Payments due under the Note and this Security Instrumen and performs other mortgage loan servicing obligations under the Note, this Security instrument, and Applicable Law. Theis also might be one or more changes of the Loan Seivicer 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 purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be trmnsfcrred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a cl ass) that arises from the other parry's actions pursuant to this Security In strument or that alleges that the other parry 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 mot elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) *Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Envirotrmental Law; and (d) an 'Environmental Condition" trreans a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. a - SA(PA) moac.oi Page 13 of 1 s Fop., 3039 1/01 BM` 19 6 UG 3`2 n�.»anm n i 2 - ns - nA Parr CUMBERLAND COUNTY tnst-# 200627224 - Page 13 of 1 06/26/2013 03:51 FAX l&18/028 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmrntal Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that ace generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous sobsumces in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, an spilling, /caking, discharge, release or threat of release of any Hazardous Substance, and (0) any Condit m 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 gov or regulatory authority, or any private party, that an 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- UNffORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Aaxleration; Remedies. Leader d" give notice to Borrower prior to acceleration following Borrower's breath of any covenant or agrees s in this Security h Sftument (bat not prior to aeration under Section IS unloa bile Law provides otherwise). Leader shall notify Borrower of, among other things. (a) the f�; (b) the action rapdred to core the delsw[t; (t) wben the default must be cured; and (d) that falimm to am the default as may resit In acceleration of the saw secured by this Security Lmstrtsment, foreclamare by Judicial proceeding and We of the Property. Leader shall farther inform Borrower of the right to ree after acceleration and the right to asset in the for+eelamm pnxmeding tie now- edstmoe of ■ ddauk or any other titefease of Borrower to won and forecioewre. It the ddlault Is not cared ns Specified, Lender at its option may require immediate pp�ay�t In fta11 0l all storms secured by thin: Security Instrument whhoat hmther demand and urea. l�reclaee tIbk Saurity Im by judkial Ong. Lender shall be entitled to totkct all expenses incurred In punter tee r pmvidtd in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the mtent permitted by Applicable Law. 23. Reiesae. Upon payment of all sums secured by this Security Instrument, this Security insirument and the estate conveyed shall terminate and become void. After such occaurence, 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 only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Sereu ity Instrument, and heresy 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. Reintttatemeut Period. Borrower's time to reinstate provided in Section 19 "1 extend to one hour prior to the commencement of bidding at a sheriffs 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 Jadgmestt. 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. - at -SAWA) (osoai.m r.w 14 of 16 hum— Form 3039 1101 Emn. t 96 FG ;0 K9 06/26/2013 12:05:08 PM CUMBERLAND COUNTY InsL# 20062T224 - Page 14 of' 06/26/2013 03:51 FAX 0 019/028 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: DOMPa D R rULLER JR -Borrower 0 ��yR= I, -Borrower (Seal) (Seal) - Borrower - Borrower (sea) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower at-6AMA) mom -t Pepe 1 s w r e Form 3039 1 /01 062612013 1205:08 PM CUMBERLAND COUNTY Inst# 200627224 - Page 15 of 06/26/2013 03:51 FAX IA020 /028 COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the 28th day of July, 2006 , before me, the undersigned officer, personally appeared DONAW R FULLER JR, MRRG6RY L HM4P r Known to me (or satisfactorily proven) to be the person(s) whose name(s) -Wam subscribed to the within instrument and acknowledged that ha4sthey executed the same for the purposes herein contained - IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMM ONWEALTH OF PENNSYLVANIA Notarial Seal Hmva Owings Baughman, Notaty Public d&W Clty of Harrisburg, Raopbtn County LT My Commission Expires July 12, 2008 Uember, Penna*ania Assockdon of Noleelea �rJ Tick of Owcr Cerdnesite of Residence Ut:U � l 5� � p n 3. , do hereby certify that the correct address of the withih- -namod Mortgagee is P.O. Box 2026, Flint, MI 46501 -2026. Witness my hand this 28th day of July, 2006 c Agent of Mortgagor L� adttab: � ®- 6A(PA) (06881.01 Pape 16 al Is 1 Foern 3039 1101 06/2612013 12:05:OB PM CUMBERLAND COUNTY lnsL# 200627224 - Page 16 of 0612612013 03:51 FAX 11021/028 EXHIBIT A ALL THAT CERTAIN lot or piece of land situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Harding Street, said point being two hundred ten (210) feet in a westerly direction from Elm Street; thence in a southerly direction by a line parallel with the dividing line between Lots Nos. 102 and 103, Section 2, of the hereinafter mentioned Plan of Lots one hundred thirty (130) feet to a point; thence in a westerly direction along the northern line of a twenty (20) foot alley, sixty (60) feet to a point; thence in a northerly direction by a line parallel with the dividing line between Lots Nos_ 100 and 101, Section 2, of the hereinafter mentioned Plan of Lots, one hundred thirty (130) feet to Harding Street; thence in an easterly direction along the southern line of Harding Street, sixty (60) feet to the place of BEGINNING, BEING the western forty (40) feet of Lot No. 102, Section 2 and the eastern twenty (20) feet of Lot No. 101, Section 2, of the Plan of Cumberland Maxtor, said Plan being recorded in the Cumberland County Recorder's Office in Carlisle, Pennsylvania, in Plan Book 2, Page 73. HAVING ERECTED THEREON a two-story brick and frame dwelling known as 518 Harding Street. Tax Parcel: 26- 23- 0543 -090 Being the same premises granted and conveyed to Mortgagors herein by deed from Lorraine U. Dewees, widow, by her agents, Randi K. Doebler and Diane C. - Leitzinger, deed dated June 26, 2006, intended to be recorded herewith. I Certify this to be recorded In Cumberland County PA Recorder of Deeds F:lsA%M7 Hempt, Margery L. (Real Estate}114019 Purdtase of 518 Harding Street, New C=be IBrr A.dm 0-K -0:94 2. OR12612013 12:05:08 PM CUMBERLAND COUNTY InsL# 200627224 - Page 17 of Exhibit D 06/26/2013 03:52 FAX U O24/028 Record & Return To: 2CF1 CT Lien Solutions 100 Wood Hollow Drivq Suite 170 Novoto, CA 94945 888 -861 -8818 Prepared By: CitiMcrtgage, Inc. 1000 Technology Dr, O'Fallon, MO 63368 888 - 861 -8818 Phone #:888-679 -6377 Deal Name; Internal PA, Cumberland lil IIU�IOIIf�ll�ll���" ASSIGNMENT OF MORTGAGE Made this day of: 07/19/2011 FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby aeknawledged, the undersigned, Mortgage Electronic Registration Systems, Inc, 3300 S.W_ 34tb Avenue, Suite 101, Ocala, FL 34474, P.O. Box 2026, FLINT , Ml 48051 herein ("Assignor"), does hereby grant sell, assign, transfer and convey without reatase onto C t[Mortgage, Inc., 1000 Technolgy Dr., O'Fallon, MO 63368 herein ( "Assignee ") that certain MORTGAGE rteordcd in Cumberland County, PA referenced below, Original Mortgager(s): DONALD R FULLER JR, MARGERY L HEMPT Original Mortgagee: Mortgage Electronic Registration Systems, Inc, as nominee for FULTON BANK Recorded: 07f3M2006 Book: 1960 Page: 0896 Property: 518 HA ❑VG STREET, NEW CUMBERLAND, PA 17070 Parcel Tax ID: 26- 23-05090 Township: NEW CUMBERLAND Together with rte notes) and obligations therein described or referred to, the money duc and to become due thereon, with iotcresi, and all rights accrued or to accrue under said document rele"aced above. TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the document aMve-described. 1 hereby certif a precise address of the within named Assignee Is 1000 Technolgy Dr., O'Fallon, MO 63368. By IN WITNESS WHEREOF, Assignor has caused this Assigarneot to be cxewted and delivered, effective 07119/2011 �a�OasG t REGI&T' Mortgage Electronic Re istration Systems, inc. r A , (j ' p n y . � SEAS �� = B W 1995 H = Na tor. Duch kman t9 'n ~c Title: Assistant Secretary "'Qrarasttoh�'� 0612612013 12:05:31 PM CUMBERLAND COUNTY Inst# 201121207 - Page 1 of 06/26/2013 03:52 FAA 0 025/028 State of Missouri County of St Charles On this 07/19/2011 before me, Matthew Schulte, a Notary Public in and for said state, pt tsonally appeared Derck Coleman, Assistant Secretary of Mortgage Electronic Registration Systems, Inc., known to me to be the person who executed [be within instrument in behalf of said entity and acknowledged to me that he/she executed the same for the purposes therein stated. SW / TE Notary Public: Matthew Scbulte 9taw My commission expires: 11/112013 W f�tr� M95ttii 06126/2013 12 :05:31 PM CUMBERLAND COUNTY InsL# 201121207 - Page 2 of 06/26/2013 03:52 FA% IJ026/028 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 - 240 -6370 Instrument Number - 201121207 Recorded On 8/1!2011 At 11:08:50 AM * Total Pages - 3 • Instrument Type - ASSIGNMENT OF MORTGAGE invoice Number - 90877 User ED - ES • Mortgagor - FULLER, DONALD R JR • Mortgagee - CITIMORTGAGE INC • Customer - CT LEW 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 DEEDS This page is now part PARCEL CERTIFICATION $10.00 of this legal document FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA cu RECORDER o n ED » + - Information denoted by as asterisk may cbaage daring the verificatimn process and may not be reDected on this page. ii`` II`` II 00 pp 2CFt ''II cr>cnn�o ,o - nc.�� Oct CUMBERLAND COUNTY anst.# 201121207 - Page 3 of Exhibit E ALL THAT CERTAIN lot or piece of land situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Harding Street, said point being two hundred ten (210) feet in a westerly direction from Elm Street; thence in a southerly direction by a line parallel with the dividing line between Lots Nos. 102 and 103, Section 2, of the hereinafter mentioned Plan of Lots one hundred thirty (130) feet to a point; thence in a westerly direction along the northern line of a twenty (20) foot alley, sixty (60) feet to a point; thence in a northerly direction by a line parallel with the dividing line between Lots Nos. 100 and 101, Section 2, of the hereinafter mentioned Plan of Lots, one hundred thirty (130) feet to Harding Street; thence in an easterly direction along the southern line of Harding Street, sixty (60) feet to the place of BEGINNING. BEING the westem forty (40) feet of Lot No. 102, Section 2 and the eastern twenty (20) feet of Lot No. 101, Section 2, of the Plan of Cumberland Manor, said Plan being recorded in the Cumberland County Recorder's Office in Carlisle, Pennsylvania, in Plan Book 2, Page 73. HAVING ERECTED THEREON a two-story brick and frame dwelling known as 518 Harding Street. Tax Parcel: 26- 23- 0543 -090 Being the same premises granted and conveyed to Mortgagors herein by deed from Lorraine U. Dewees, widow, by her agents, Randi K. Doebler and Diane C. Leitzinger, deed dated June 26, 2006, intended to be recorded herewith. Exhibit F CitiMortgage, Inc NEI PO Box 9690 Sol PRESORT Temecula, CA 92589 -9090 First -Class Mail U.S. Postage and Fees Paid WSO Send Payments to: 7196 9006 9296 6070 5396 CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130319 -168 DONALD R FULLER JR 518 HARDING ST Send Correspondence to: CitiMortgage, Inc NEW CUMBERLAND, PA 17070 -1236 6400 Las Colinas Blvd. Irving, TX 75063 r CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6070 5396 DONALD R FULLER JR 518 HARDING ST NEW CUMBERLAND, PA 17070 -1236 RE: Property Address: 518 HARDING STREET NEW CUMBERLAND, PA 17070 CitilVlortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET 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 6070 S396 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 TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DONALD R FULLER JR MARGERY L HEMPT PROPERTY ADDRESS: 518 HARDING STREET NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: FULTON BANK CURRENT LENDER/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAYE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1953 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 7196 9006 9296 6070 5396 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise Your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofyour default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPOR,9RYSTAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act_ The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 7196 9006 9296 6070 5396 Page 4 of 9 TOTAL AMOUNT PAST DUE: $28 1 89132 NOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice R PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS $28,891.32, PLUS ANYHORTGAGE PAYMENTSAND LATE CHARGES WHICHBECOE DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $.50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 7196 9006 9296 6070 5396 Page 5 of 9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, fne. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 - 280 -2050 from Puerto Rico. Fax Number: 1- 866 -940 -8147 Contact Person: MarkAnthony Hartland E Mail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 OF MORTGAGE - 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. s CITIPAACT91 7196 9006 9296 6070 5396 Page 6 of 9 YOU AIA Y ALSO IIA VE 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 IIAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof; within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 71% 9006 9296 6070 5296 Page 7 of 9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 02J19/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service /CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717 - 392 -5467 717 -855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 HC Page 8of9 7196 9006 9296 6070 5396 'MAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 0211912013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Conunission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232.9757 Housing Alliance of YorklY Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue Fork, PA 11401 Waynesboro, PA 17268 717 - 855 -2752 717- 762 3285 PathStone Corporation PatbStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 117- 264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 Nod Front Street CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid WSO 2271268264 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130319 -168 . u' ll�llliltnl ii�i�lll lul , iil.ill�l�l�luli�il „ Iniililn DONALD R FULLER JR 518 HARDING ST Send Correspondence to: NEW CUMBERLAND, PA 17070 -1236 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 U CITIPAACT91 Date: 03/19/2013 DONALD R FULLER JR 518 HARDING ST NEW CUMBERLAND, PA 17070 -1236 RE: Property Address: 518 HARDING STREET NEW CUMBERLAND, PA 17070 CitMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEM4P can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, ,ri CITIPAACT91 Page 2 of 9 2271268264 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 he able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DONALD R FULLER JR MARGERY L HEMPT PROPERTY ADDRESS: 518 HARDING STREET NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: FULTON BANK CURRENT LENDER /SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face - to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY.-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 2271268264 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your Intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see follo wing pages for specific information about the nature ofyour default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER 14 BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE.- YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROYFD AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the ACA 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 2271268264 Page 4 of 9 04 /01111 through 02101113 23 @ $1181.32/month 0 @ $0.00/late charge/month $27170.36 03101113 through 03101113 1 @ $1233.96/month 0 @ $0.001 & chargelmonth $1 233.96 Previous sate Charge(s): $0.00 Delinquency Expense(s): $487.00 Unapplied Funds: $( D.� TOTAL AMOUNT PAST DUE: $28,89132 HOW TO CURE THEDEFAULT - You may cure the default within THIRTY (30) DAPS of the date of this notice BY PAYING THE TOTAL AMOIINT PAST DUE TO THE LENDER, WHICH IS $28,891.32, PLUS ANYMORTGAGE PAYMENTSAND LATE CHARGES WHICHEECOZ DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leader intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $'50.00. however, i f 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 von owP the lender. which may alm include other rozonahle costs. If you cure the default within the other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 362 -0175 Monday through Friday 8 Akkl - 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.bhartland @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 2271268264 Page 6of9 YOU MAYA L SO HAVE THE RIGHT. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 2271268264 Page 7of9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 02119/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -5t1 -2227 Base, Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717 - 392 -5467 717- 855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 HC Page 9of9 2271268264 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Repat last up atoll; OV1912013 04;29 PM Advantage Credit Counseling ServiceICCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Iarrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717- 264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street CitiMcrtgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 7196 9006 9296 6070 5426 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Manes, IA 50368 -9196 20130319 -168 DONALD R FULLER JR 515 HARDING ST Send Correspondence to. NEW CUMBERLND, PA 17070 -1237 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6070 5426 DONALD R FULLER JR 515 HARDING ST NEW CUMBERLND, PA 17070- 1237 RE: Property Address: 518 HARDING STREET NEW CUMBERLAND, PA 17070 CitiiMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2of9 7196 9006 9296 6070 S426 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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DONALD R FULLER JR MARGERY L HEMPT PROPERTY ADDRESS: 518 IL4RDING STREET NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: FULTON BANK CURRENT LENDF.,R/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1953 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 7196 9006 9296 6070 S426 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofyour default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH .4 COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION C,4LLED "TEMPORARY ST I Y OF FORECLOSURE " YOU IIAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 7196 9006 9296 6070 5426 Page 4 of 9 TOTAL AMOUNT PAST DUE: $28,891.32 HOW TO CURE'' THE DEFAULT - You may cure the default within THIRTY (30) DAPS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS $28,891.32, PLUS ANYHORTGAGE PAYMENTSAND LATE CHARGES WHICHBECON DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incun-ed, 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 f ees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 7196 9006 9296 6070 5426 Page 5 of 9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 -362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 -280 -2050 from Puerto Rico. Fax Number: 1 -866 -940 -8147 Contact Person: MarkAnthony Hartland E-Mail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 7196 9006 9296 6070 5426 Page 6cf9 YOU 4IAY ALSO IIAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 7196 9006 9296 6070 5426 Page 7 of 9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 02/19/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888- 511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York [Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717- 392 -5467 717 -855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 HC Page 8of9 7196 9006 9296 6070 5426 MILMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 01/1912013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 larrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York1Y Housing Resources Maranatha 290 Nest Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 71.7 - 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 D High Street 211 North Front Street CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid WSO 2271268267 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130319 -168 I. In�lrlill I uIII�I�rul , I „ IIr�nIlnli „ iI , I ,,, lll , n , DONALD R FULLER JR 515 HARDING ST Send Correspondence to: NEW CUMBERLND, PA 17070 -1237 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 L CITIPAACT91 Date: 03/19/2013 DONALD R FULLER JR 515 HARDING ST NEW CUMBERLND, PA 17070 -1237 RE: Property Address: 518 HARDING STREET NEW CUMBERLAND, PA 17070 CitMortgage 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 HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, I r CITIPAACT91 Page 2 of 9 2271268267 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 NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): DONALD R FULLER IR MARGERY L HEMPT PROPERTY ADDRESS: 518 I- IARDING STREET NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: FULTON BANK CURRENT LENDER /SERVICER CitiMortgage, Ine. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOMY 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 2271268267 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEiIPORARY STAY OF FORECLOSURF_. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND TLfE.SE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. r CITIPAACT91 2271266267 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 INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANATTE IPT TO COLLECT THE DEB T. (Ifyou have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 518 HERDING STREET NEW CUMBERLAND, PA 17070 IS SERIOUSLYIN DEFA ULT because: YOU HAKE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 04/01/11 through 02/01/13 23 @ $1181.32 /month 0 @ $0.00 /late charge /month $27170.36 03/01/13 through 03/01/13 1 @ $1233.96 /month 0 @ $0.00 /late charge/month $1233.96 Previous Late Charge(s): $0.00 Delinquency Expense(s): $487.00 Unapplied Funds: $f 0.00) TOTAL AMOUNT PAST DUE: $28,89132 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PA YING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $28,891.32, PLUS ANY MORTGA GE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY (30) DAY PERIOD_ Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 2271268267 Page 5 of 9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in "Ring by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address. P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 -280 -2050 from Puerto Rico. Fax Number: 1- 866 -940 -8147 Contact Person: MarkAnthony Hartland E Mail Address: markanthony.b.hartland @citi.com EFFECT OF 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. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. r CITIPAACT91 2271268267 Page 6of9 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(8), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 2271268267 Page 7 of 9 HEMAP Consumer Credit Counseling_ Agencies YORK County Report last updated: 02/19/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717 - 392 -5467 717 -855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 HC Page of 2271268267 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Repot last updated: 02!19/201304:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717-855-2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800- 342 -2397 HC Page 9of9 2271266267 CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 7196 9006 9296 6070 5402 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Manes, IA 50368 -9196 201 3031 9 -1 68 ��I��IIIIIII�II�IIIIIIIIIIIIIIIII�I�IIIIII�IIIIIIIIIII MARGERY L HEMPT 518 HARDING ST Send Correspondence to: NEW CUMBERLAND, PA 17070 -1236 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 el CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6070 5402 MARGERY L HEMPT 518 HARDING ST NEW CUMBERLAND, PA 17070 -1236 RE: Property Address: 518 HARDING STREET NEW CUMBERLAND, PA 17070 CitiMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 9 7196 9006 9296 6070 5402 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): MARGERY L HEMPT DONALD R FULLER JR PROPERTY ADDRESS: 518 HARDING STREET NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: FULTON BANK CURRENT LENDERISERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to -face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOMY' 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 6070 5402 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a cornplete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HA YE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME. PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 71% 9006 9296 6070 5402 Page 4 of 9 TOTAL AMOUNT PAST DUE: $28 1 891.32 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAIS of the date of this notice RY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICHIS $28,891.32, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICHRECOZ DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to Its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not he required to pay attorney's f ees, OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 7196 9006 9296 6070 5402 Page 5of9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LER'DER: Name of Lender: C,itiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877- 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1 -866- 280 -2050 from Puerto Rico. Fax Number: 1 -866- 940 -8147 Contact Person: MarkAnthony Hartland E -Alail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFNIORTGAGE - 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. s CITIPAACT91 7196 9006 9296 6070 5402 Page 6 of 9 YOU d14 Y 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 BEI IALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.C. 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, Cit.iMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 7196 9006 9296 6070 5402 Page 7 of 9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 02/19/2013 04:29 PM Advantage Credit Counseling Service /CCCS of Western PA Advantage Credit Counseling Service /CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717- 392 -5467 717- 855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 "r HC Pages of9 7196 9006 9296 6070 S402 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Rep-I last updated: 02/1912013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Communitv 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 Wet Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PJIFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800 -342 -2397 HC Page of9 7196 9006 9296 6070 5402 CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and III III 111111111111111111 Fees Pad W SO 2271268266 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 201 30 31 9 -1 68 ' II' Irinlllllll�lrll' I' ' 11'Iln'IIIII'�n�II��I'IIrIIII "� MARGERY L HEMPT 518 HARDING ST Send Correspondence to: NEW CUMBERLAND, PA 17070 -1236 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 Date: 03/t9/2013 MARGERY L HEMPT 518 HARDING ST NEW CUMBERLAND, PA 17070 -1236 RE: Property Address: 518 HARDING STREET NEW CUMBERLAND, PA 17070 CitMortgage 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 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, i�i S CITIPAACT91 Page 2 of 9 2271268266 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): MARGERY L HEMPT DONALD R FULLER IR PROPERTY ADDRESS: 518 IIARDING STREET NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: FULTON BANK CURRENT LENDEWSERVICER CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet With one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 2271268266 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSIST,4NCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Oily 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 forw =arded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIOD.. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will he notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. N O CITIPAACT91 2271268266 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 INFORMATION PURPOSES ONL YAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THEDEFAULT - The MORTGAGE debt held by the above lender on your property located at: 518 HARDING STREET NEW CUMBERLAND, PA 17070 IS SERIOUSLYIN DEFAULT because: YOU HALW NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 04/01/11 through 02/01/13 23 @ $1181.32 /month 0 @ $0.00 /late charge /month $27170.36 03/01/13 through 03/01/13 1 @ $1233.96 /month 0 @ $0.00 /late charge/month $1233.96 Previous Late Charge(s): $0.00 Delinquency Expense(s): $487.00 Unapplied Funds: $( 0.00) TOTAL AMOUNT PAST DUE: $28,891.32 HOB' TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $28,891 . 32, PLUS ANY MORTGAGE PAYMENTSAND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately andyou may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs_ If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 2271268266 Page 5 of 9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE, - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, phi 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 ally other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 - 280 -2050 from Puerto Rico. Fax Number: 1- 866 -940 -8147 Contact Person: MarkAnthony Hartland E Mail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 2271268266 Page 6 of 9 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER- * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 2271266266 Page 7of9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 02/19/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service /CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York(Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717- 392 -5467 717- 855 -2752 PA Interfaith Community Programs Inc 40 E Fflgh Street Gettysburg, PA 17325 717- 334 -1518 HC Page of 2271268266 MAP Consumer Credit Counseling Andes CUMBERLAND County Repot last updated: 0211912013 04.29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Iarrisburg, PA 17104 888 -511 -2227 717. 232 -9757 Housing Alliance of York[Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717 - 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717. 264.5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 7196 9006 9296 6070 5457 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Moines, IA 50368 -9196 20130319 -168 I,I InII, III„ I. I. IIIIII�IIIIIIII ,i,l,ln.l,llnlllll,lliltl�lil� MARGERY L HEMPT 515 HARDING ST Send Correspondence to: NEW CUMBERLND, PA 17070 -1237 CitiMortgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 CITIPAACT91 Date: 03/19/2013 Sent Via Certified Mail 7196 9006 9296 6070 5457 MARGERY L HEMPT 515 HARDING ST NEW CUMBERLND, PA 17070 -1237 RE: Property Address: 518 HARDING STREET NEW CUMBERLAND, PA 17070 CitiMortgage Loan #: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 -2397. (Persons with impaired hearing can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 9 7196 9006 9296 6070 5457 representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACI6N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): MARGERY L HEMPT DONALD R FULLER JR PROPERTY ADDRESS: 518 HARDING STREET NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: FULTON BANK CURRENT LENDER/SERVICER: CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 7196 9006 9296 6070 S4S7 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see followingpages for specific information about the nature ofyour default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 7196 9006 9296 6070 5457 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 INFO" A770N PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 518 HARDING STREET NEW CUMBERLAND, PA 17070 IS SERIOUSLYIN DEFA ULT because: YOU HAVE NOT NMDE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 04/01/11 through 02 /01/13 23 @ $1181.32 /month 0 @ $0.00 /late charge /month $27170.36 03/01/13 through 03/01/13 1 @ $1233.96 /month 0 @ $0.00 /late charge /month $1233.96 Previous Late Charge(s): $0.00 Delinquency Expense(s): $487.00 Unapplied Funds: $( 0.00) TOTAL AMOUNT PAST DUE: $28,891.32 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (3 0) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $28,891.32, PLUS ANYMORTGAGE PAYMENTSAND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property wi11 be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 71% 9006 9296 6070 S4S7 Page 5 of 9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender. CitiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 -280 -2050 from Puerto Rico. Fax Number: 1- 866 -940 -8147 Contact Person: MarkAnthony Hartland E -Mail Address: markanthony.b.hartland @citi.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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. k� �t .r: CITIPAACT91 71% 9006 9296 6070 S4S7 Page 6 of 9 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE T141S DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENT'S. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 7196 9006 9296 6070 5457 Page 7 of 9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 02J19/2013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York/Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717- 392 -5467 717- 855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 HC Page 8of9 7196 9006 9296 6070 5457 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Rcpt last upd.trd: 0211912-013 04:29 PM Advantage Credit Counseling Service /CCCS of Western PA Convnunity Action Commission of Capital Region 2000 Einglestown Road 1514 Deny Str —t Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717- 762 -3285 Path Stone Corporation PathStone Corporation 1625 North Front St 450 Clcvcland Ave Harrisburg, PA 17102 Charnbersburg, PA 17201 717 - 234 -6616 717- 264 -S913 PA Interfaith Conununity Prograncs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717- 780 -3940 800 ,342 -2397 HC Page9 o£9 7196 9006 9296 6070 5457 CitiMortgage, Inc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92589 -9090 U.S. Postage and Fees Paid W SO 2271268270 Send Payments to: CitiMortgage, Inc PO Box 689196 Des Manes, IA 50368 -9196 20130319 -168 Illlllllr'nlln ill li�l llnllilll� MARGERY L HEMPT 515 HARDING ST Send Correspondence to: NEW CUMBERLND, PA 17070 -1237 CibMcrtgage, Inc 6400 Las Colinas Blvd. Irving, TX 75063 RE CITIPAACT91 Date: 03/19/2013 MARGERY L HEMPT 515 HARDING ST NEW CUMBERLND, PA 17070 -1237 RE: Property Address: 518 HARDING STREET NEW CUMBERLAND, PA 17070 CitiMortgage Loam #: 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 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH 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, t CITIPAACT91 Page 2 of 9 2271268270 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 TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): MARGERY L HEMPT DONALD R FULLER IR PROPERTY ADDRESS: 518 HARDING STREET NEW CUMBERLAND, PA 17070 LOAN ACCT. NO.: ORIGINAL LENDER: FULTON BANK CURRENT LENDER/SERVICER CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty CITIPAACT91 2271268270 Page 3 of 9 (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of' this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeotivner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HE_nIAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICA'T'ION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. CITIPAACT91 2271268270 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 INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 518 HARDING STREET NEW CUMBERLAND, PA 17070 IS SERIOUSLYIN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nowpast due: 04/01/11 through 02/01/13 23 @ $1181.32 /month 0 @ $0.00 /late charge/month $2717036 03/01/13 through 03/01/13 1 @ $1233.96 /month 0 @ $0.00 /late charge /month $1233.96 Previous Late Charge(s): $0.00 Delinquency Expense(s): $487.00 Unapplied Funds: $( 0.00) TOTAL AMOUNT PAST DUE: $28,891.32 HOW TO CURE THE DEFA UL - You may cure the default within THIRTY (3 0) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $28,891.32, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICHBECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney's to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney's, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all CITIPAACT91 2271268270 Page 5 of 9 other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAYperiod and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: CitiMortgage, Inc. Address: P.O. Box 790005 St. Louis, MO 63179 -0005 Phone Number: 1- 877 - 362 -0175 Monday through Friday 8 AM - 5 PM CST. TTY Services are also available. To access: Dial 711 from the United States or Dial 1- 866 - 280 -2050 from Puerto Rico. Fax Number: 1- 866- 940 -8147 Contact Person: MarkAnthony Hartland E -Alail Address: markanthony.b.hartland @citi.com EFFF_CT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OFMORTGAGF_ - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorneys fees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. CITIPAACT91 2271268270 Page 6 of 9 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIIIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CAN BE LOC,4TED ON THE ATTACHED LIST In accordance with the Fair Debt Collection Practices Act, Title 15, U.S.0 1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof, within this thirty (30) days period we will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 790005 St. Louis, MO 63179 -0005 CITIPAACT91 2271268270 Page 7 of 9 HEMAP Consumer Credit Counseling Agencies YORK County Report last updated: 0211912013 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Advantage Credit Counseling Service /CCCS of Western PA 2000 Linglestown Road 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 888 -511 -2227 888 -511 -2227 Base, Inc. Housing Alliance of York(Y Housing Resources 447 South Prince Street 290 West Market Street Lancaster, PA 17603 York, PA 17401 717 - 392 -5467 717- 855 -2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717 -334 -1518 1� LK S HC Page of 2271268270 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Rcpoat last updated: 02/19/2913 04:29 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717 -234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717 - 780 -3940 800 -342 -2397 HC Page of 2271268270 1664 THE COURTS FORM 1 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY, O'Fallon, MO 63368, PENNSYLVANIA Plaintiff, Vs. � � CIVIL Donald R Fuller 515 Harding St n u New Cumberland, PA 17070, and Margery L Hempt 515 Harding St 3 c > New Cumberland, PA 17070, ` Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: I)Ate Robert W. Williams, Esquire Milstead & Associates, LLC 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 856- 482 -1400 856- 482 -9190 (f) PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 1665 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMER /1 APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: _Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFOlZMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default Is the loan in Bankruptcy? Yes ❑ No ❑ 88.26549 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 1666 THE COURTS If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payments Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 88.26549 2 PENNSYLVANIA BULLETIN, VOL. 42, NO. 13, MARCH 31, 2012 THE COURTS 1667 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AIJTHOIZIZATION I /We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ✓ Proof of income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation (hardship letter) ✓ Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Shff , � � at atraftrf f i L iii Jody eri S Smith # Chief Deputy F' ! Richard W Stewart Solicitor }Fr3CE r,AE,FI-E, CUMBERLAND COUr ` PENNSYLVANIA Citimortgage Inc. vs. Case Number Donald Richard Fuller(et al.) 2013-6744 SHERIFF'S RETURN OF SERVICE 11/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Margery L. Hempt, 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 518 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant. 11/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald Richard Fuller, 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 518 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant. 11/20/2013 04:46 PM -Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Margery L. Hempt, 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 Served" at 515 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. Defendant filed Bankruptcy, Case No. 1-11-BK-02365, Attorney Dethlefs & Pykosh, phone 717-975-9446. 11/20/2013 04:47 PM -Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald Richard Fuller, 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 Served" at 515 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. Defendant filed Bankruptcy, Case No. 1-11-BK-02365,Attorney Dethlefs&Pykosh, phone 717-975-9446. SHERIFF COST: $82.42 SO ANSWERS, I✓ November 21, 2013 RONNY R ANDERSON, SHERIFF MILSTEAD & ASSOCIATES, LLC ,. BY: Robert W. Williams, Esquirew,f > -r , ID No. 315501 jy ?Q 1 E. Stow Road Ur4�' Marlton,NJ 08053 (856) 482-1400 CUMBERL 4 (� Attorney for Plaintiff PEf�j t 'A Ty gg � CitiMort a e Inc. COURT O ` e MON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Donald R. Fuller,Jr. Margery L. Hempt No.: 13-6744 Civil Defendant. MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 and R.C.P.3129.2 (c)(1)(i)(C). TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, by its attorney Robert W. Williams, Esquire, and moves this Honorable Court for an Order permitting Alternative Service upon the Defendants, Donald R. Fuller, Jr. and Margery L. Hempt, by posting and tacking a copy of the Complaint and all subsequent pleadings that require personal service upon the property known as 518 Harding Street,New Cumberland, PA 17070 ("Premises") and by regular and certified mail to the Premises and all known addresses for the Defendants, and avers in support thereof: 1. Plaintiff filed suit against the Defendants in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Plaintiff has made attempts to effectuate service of the Complaint upon Defendants, Donald R. Fuller, Jr. and Margery L. Hempt. Service was attempted on the Defendants at property address of 518 Harding Street,New Cumberland, PA 17070. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit"A." 4. Plaintiff has made attempts to obtain an alternate address upon the Defendants. A postal request was sent to the Post Office. The postal return came back as"No change of address order on file."A copy of the postal return is attached hereto as Exhibit`B." 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendants. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit"C"and made a part hereof. Said investigation provides no additional address information for the Defendants. 6. Plaintiff has attempted to ascertain the present address of the Defendants, but has been unable to do so. • 7. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendants and by posting at the mortgaged property. • 8. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriff's sale may be served in the same manner, without further application to the court. WHEREFORE,Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendants, Donald R. Fuller, Jr. and Margery L. Hempt, by posting and tacking a copy of the Complaint and all subsequent pleadings in mortgage foreclosure that require personal service on the mortgaged premises known as 518 Harding Street,New Cumberland, PA 17070 (the "Premises") and by regular and certified mail to the Premises. Respectfully submitted, ■ STEAD &ASSOCI ES, LLC IV `I► r Ro ert W. Williams, Esquire Attorney ID No.: 315501 attached hereto as Exhibit"C" and made a part hereof. Said investigation provides no additional address information for the Defendants. 5. Plaintiff has attempted to ascertain the present address of the Defendants, but has been unable to do so. 6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendants and by posting at the mortgaged property. 7. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriff's sale may be served in the same manner, without further application to the court. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Milstead&Associates, LLC w Irvin Rob-rt W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton,NJ 08053 (856)482-1400 Attorney for Plaintiff File# 88.26549 CitiMortgage,Inc. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Donald R. Fuller,Jr. Margery L. Hempt No.: 13-6744 Civil Defendant. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE I. INTRODUCTION This matter comes before the Court upon the Motion of Plaintiff, for an order permitting special service pursuant to Pa.R.C.P. 430(a) and 3129.2 (c)(1)(i)(C) upon the Defendants, Donald R. Fuller, Jr. and Margery L. Hempt(the "Defendants"). II. FACTS Plaintiff filed suit against the Defendants in Mortgage Foreclosure. Plaintiff is the mortgagee. Plaintiff has made attempts to effectuate service of the Complaint upon Defendants, Donald R. Fuller, Jr. and Margery L. Hempt. Service was attempted on the Defendants at property address of 518 Harding Street,New Cumberland, PA 17070. A copy of the Sheriffs Return is attached herewith and made a part hereof as Exhibit"A." Plaintiff has made attempts to obtain an alternate address upon the Defendants. A postal request was sent to the Post Office. The postal return came back as "No change of address order on file."A copy of the postal return is attached hereto as Exhibit`B." • Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendants. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit"C" and made a part hereof. Said investigation provides no additional address information for the Defendants. Plaintiff has attempted to ascertain the present address of the Defendants,but has been unable to do so. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendants and by posting at the mortgaged property. Pennsylvania Rule of Civil Procedure 3129.2 (c)(1)(i)(C) states that when service by special order of the court is permitted, a notice of sheriff's sale may be served in the same manner,without further application to the court. III. LEGAL ARGUMENT According to Pa.R.C.P. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendants. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made."Pa.R.C.P. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a). It is well settled that,pursuant to Pa.R.C.P. 430(a), a method of substituted service which is reasonably calculated to give actual notice depending upon"what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice"is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). If it is determined that service of the Complaint by special order of the court is appropriate, then service of the notice of sheriff's sale may be served in the same manner. Pa. R.C.P. 3129.2 (c)(1)(i)(C). ("[i]f a defendant has been served with original process pursuant to a special order of court under Rule 430, subdivision(c)(1)(i)(C)provides further that the notice of sale may be served in the manner provided by the order of court for service of original process. It is not necessary to return to the court for a second order of service.") (comments to Pa. R.C.P. 3129.2) The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendants at the property subject to the action is reasonably calculated to provide notice to the Defendants in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in this instant is appropriate under Pa.R.Civ.P. 430(a) and 3129.2 (c)(1)(i)(C). IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2 (c)(1)(i)(C) directing service of the Complaint and all subsequent pleadings which require personal service by certified and regular mail to the mortgaged premises for Defendants b costing the mortgaged premises. Robert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD &ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton,NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.26549 CitiMortgage,Inc. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Donald R. Fuller,Jr. Margery L. Hempt No.: 13-6744 Civil Defendant. CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, counsel for Plaintiff, hereby certify that a copy of the foregoing Motion for Alternative Service was served on the following person by first class mail, postage prepaid, on the �C_ day of . p-1. , 2014. Donald R. Fuller,Jr. 518 Harding Street New Cumberland,PA 17070 Margery L. Hempt 518 Harding Street New Cumberland, PA 17070 dir HA I R bert W. Williams, Esquire Attorney ID No.: 315501 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ; ;( ':; `I;:r t; of L•eun t. 1: v;... Jody S Smith dry04,0 I�� �t; !/-1,3140 Chief Deputy Cr) pAk 2013 DEC -2 II: 03 Richard W Stewart Solicitor OFFICE OF THE EHERIFF CUMBERLAND COUNTY PENNSYLVANIA Citimortgage Inc. vs. Case Number Donald Richard Fuller(et al.) 2013-6744 SHERIFF'S RETURN OF SERVICE 11/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Margery L. Hempt,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 518 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant. 11/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald Richard Fuller, 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 518 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant. 11/20/2013 04:46 PM-Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Margery L. Hempt, 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 Served"at 515 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. Defendant filed Bankruptcy, Case No. 1-11-BK-02365,Attorney Dethlefs&Pykosh, phone 717-975-9446. 11/20/2013 04:47 PM-Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald Richard Fuller, 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 Served"at 515 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. Defendant filed Bankruptcy, Case No. 1-11-BK-02365,Attorney Dethlefs&Pykosh,phone 717-975-9446. SHERIFF COST: $82.42 SO ANSWERS, November 21,2013 RONR ANDERSON, SHERIFF (c)COuflySuite Shenft,T'oleosoft Inc. EXHIBIT "B" MILSTEAD & ASSOCIATES, LLC • Michael J.Milstead,Esq. Attorneys at Law • Richard M.Misread,Esq. Woodland Falls Corporate Park Nelson Diaz,Esq. PA&NJ 220 Lake Drive East,Suite 301 Mary L.Harbert-Bell,Esq. PA&NJ Cherry Hill,New Jersey 08002 Patrick J.Werner,Esq. PA&NI TEL(856)482-1400 FAX(856)482-9190 Mark E.Herrera,Esq. PA&NJ www.milstkadll'W.com David H.Lipow,Esq. PA&NJ Pennsylvania Location: Andrew M.Lubin,Fsq. NJ W hitney E.Weinlein,Esq. NI 7 N.Columbus Boulevard#200 Philadelphia,PA 191064422 Robert W.Williams,Esq. PA&MD Phone:(215)717-0043 Fax:(215)717-0044 Lisa Ann Thomas Sr.Foreclosure Administrator • Our File No.88.26549 Postmaster November 7,2013 New Cumberland,PA 17070 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address(if a boxholder)for the following: Name: Margery L.Hempt Address: 515 Harding Street,New Cumberland,PA 17070 NOTE:The name and last known address are required for change of address information. The name,if known,and post office box address as required for boxholder information. The Following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information.The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1)and(2)and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester:Paralegal 2. Statue or regulation that empowers me to serve process:N/A 3. The names of all known parties to the litigation: CitiMortgage,Inc.vs.Donald R.Fuller,Jr.and Margery L.Hempt 4. The court in which the case has been or will be heard:Cumberland 5. The docket or other identifying number if one has been issued: 6. The capacity in which this individual is to be served:Defendant WARNING THE SUBMISSION OF FALSE INFORMATION EITHER(1)TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR.ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL, PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO$10,000 OR IMPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,OR BOTH(TITLE 18 U.S.C.SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. 1/Y7 Woodland Falls Corporate Park Shane Dunfee 220 Lake Drive East,Suite 301 Cherry Hill,NJ 08002 ✓/ FOR POST OFFICE USE ONLY No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK (7i.1).„------176: 0 Not known at address given. NAME and STREET ADDRESS Moved,left no forwarding address. f • No such address. ,yf Gook 0,trkt(v).4,0, • • MILSTEAD & ASSOCIATES, LLC NLcbae,J.Mislead,Esq. Attorneys at Law Richard M.Milstead,Esq. Woodland Falls Corporate Park Nelson Diaz,Esq. PA&NJ 220 Lake Drive East,Suite 301 Mary L.Halbert-Bell,Esq. PA&NJ Cherry Hill,New Jersey 08002 Patrick J.Wesner,Esq. PA&NJ TEL(856)482-1400 FAX(856)482-9190 Mark E.Herrera,Esq. PA&NJ www.milsteadlaw.com David H.Lipow,Esq. PA&NJ Pennsylvania Location: Andrew M.Lubin,Esq. NJ Whitney E.Weinle n 7 N.Columbus Boulevard#200 Esq. NJ Philadelphia,PA 19106-1422 Robert W.Williams,Esq. PA&MD Phone:(215)717-0043 Fax:(215)717-0044 Lisa Ann Thomas Sr.Foreclosure Administrator Our File No.88.26549 Postmaster November 7,2013 New Cumberland,PA 17070 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address(if a boxholder)for the following: Name: Donald R.Fuller,Jr. Address: 515 Harding Street,New Cumberland,PA 17070 NOTE:The name and last known address are required for change of address information. The name,if known,and post office box address as required for boxholder information. The Following information is provided in accordance with 39 CFR 265.6(d)(6)(ii)..There is no fee for providing boxholder information.The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1)and(2)and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester:Paralegal 2. Statue or regulation that empowers me to serve process:N/A 3.. The names of all known parties to the litigation: CitiMortgage,Inc.vs.Donald R.Fuller,Jr. and Margery L.Hempt 4. The court in which the case has been or will be heard:Cumberland 5. The docket or other identifying number if one has been issued: 6. The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION EITHER(1)TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 510,000 OR IMPRISONMENT OR(2)TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,OR BOTH(TITLE 18 U.S.C.SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. . Woodland Falls Corporate Park Shane.Dunfee 220 Lake Drive East,Suite 301 Cherry Hill,NJ 08002 . . FOR POST OFFICE USE ONLY l "../4o change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK . Not known at address given. • NAME and STREET ADDRESS • Moved;left no forwarding address. • eLeRL No such address. • • Go-ort ad* 17076°5�7� EXHIBIT "C" MAT SERVICES 1,..L..G "You Seek and We Find" Number: 88.26549 Date: December 9,2013 Plaintiff:CitiMortgage,Inc. Vs.Defendant: Donald R.Fuller Jr. Margery L.Hempt County:Cumberland Person to Locate: Donald R.Fuller Jr.XXX-XX-3332 AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS 1) 518 Harding Street,New Cumberland,PA 17070 2) 515 Harding Street,New Cumberland,PA 17070 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland County. INQUIRY OF THE CREDIT BUREAU Inquiry with credit bureau,confirms the most current mailing address for Donald R.Fuller Jr. as address #2 listed above.Please see document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The local phone directory has(717)774-7447 listed to Donald R. Fuller&Margery L.Hempt at address #2 listed above. VERBAL TELEPHONE INQUIRIES/CONTACTS: (717)774-7447: 12-9-13 at 12:20 p.m.Margery verified 515 Harding Street as a valid mailing address. I CERITFY UNDER PENALTY OF PERJURY,THAT THE FOREGOING IS TRUE AND CORRECT,TO THE BE" 01' 'Y KNOWLEDGE.I UNDERSTAND FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNSW•I c,y,IF A ON TO AUT, RITI• yfiratl AF jr."11115117:-Y ayne u.er Name&Address Telephone I Date Reported DONALD FULLER 515 HARDING ST 10/06/2013 NEW CUMBERLAND, PA 17070 DONALD R FULLER JR 515 HARDING ST 07/15/2012 NEW CUMBERLAND, PA 17070 -DONALD FULLER 515 HARDING ST 03/17/2012 NEW CUMBERLAND, PA 17070-1237 **-- 515 HARDING ST 03/17/2012 NEW CUMBERLAND, PA 17070 DONALD R FULLER 515 HARDING ST 10/31/2011 NEW CUMBERLAND, PA 17070 DONALD R FULLER JR r 515 HARDING ST 11/06/2009 NEW CUMBERLAND, PA 17070 DONALD R FULLER 515 HARDING ST 10/01/2009 NEW CUMBERLAND, PA 17070 • DakAC15IIULLER JR 515 HARDING ST 11/07/2008 NEW CUMBERLAND, PA 17070 DONALD R FULLER JR 515 HARDING ST 10/23/2008 NEW CUMBERLAND, PA 17070 bN ig. ;x!otti [,rte',e RMT SERVICES €...9_C: • "You Seek anti We Find" • Number: 88.26549 Date: December 9,2013 Plaintiff: CitiMortgage,Inc. Vs.Defendant: Donald R.Fuller Jr. Margery L.Hempt • County: Cumberland Person.to Locate:Margery L.Hempt XXX-XX-5810 AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS • • 1) 518 Harding Street,New Cumberland,PA 17070 2) 515 Harding Street,New Cumberland,PA 17070 • SEARCH OF LOCAL TAX AUTHORITY • Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland County. INQUIRY OF THE CREDIT BUREAU inquiry with credit bureau,confirms the most current mailing address for Margery L.Hempt as address • #2 listed above.Please see document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The local phone directory has(717)774-7447 listed to Donald R.Fuller&Margery L. Hempt at address #2 listed above. VERBAL TELEPHONE INQUIRIES/CONTACTS: (717)774-7447: 12-9-13 at 12:20 p.m.Margery verified 515 Harding Street as a valid mailing address. I CERITFY UNDER PENALTY OF PERJURY,THAT THE FOREGOING IS TRUE AND E I•• CT,TO THE BEST 0 ••"WLEDGE.I UNDERSTAND FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNSWO•. FAJ C INTO AUTHO Way e HuberT , . . - Narnel.Address Telephone Date Reported MARGERY L HEMPT 515 HARDING ST • 06/09/2013 • NEW CUMBERLAND, PA 17070 • . . . . . . MARGERY L HEMPT 515 HARDING ST 06/04/2013 NEW CUMBERLAND, PA 17070 MARGERY L HEMPT 515 HARDING ST (717)605-1403- 06/21/2012 NEW CUMBERLAND, PA 17070 --MARGERY HEMPT 515 HARDING ST 12/22/2011 • NEW CUMBERLAND, PA 17070 .•. - MARGERY HEMPT • • 515 HARDING ST • • 12/16/2011 NEW CUMBERLAND, PA 17070 • MARGERY HEMPT. .• 515 HARDING ST • 12/12/2011 NEW CUMBERLAND, PA 17070 • . . MARGERY HEMPT 515 HARDING ST 12/02/2011 NEW CUMBERLAND, PA 17070 -- - • • • " • • • • • . MARGARY HEMPT 515 HARDING ST (717)774-7447. 11/21/2011 . NEW CUMBERLAND, PA 17070 1 • . . . MARGARY HEMPT 515 HARDING ST • • (717)774-7447 07/08/2011 :•• NEW CUMBERLAND, PA 17070 • . . . . . .... .. ........ . . MARGERY LOUISE WENTWORTH • 515 HARDING ST 05/21/2011 NEW CUMBERLAND, PA 17070 FMARGERY LOUISE WILLIAMS 05/21/2011 - ' -'~-^ -- H -' '- -' NEW CUMBERLAND, PA 17070 M===E=" LOU °E"EM, ' 515 HARDING ST 05/21/2011 NEW CUMBERLAND, PA 17070 516 HARDING ST (717)774-7447 03/1412010 NEW CUMBERLAND, PA 17070 515 HARDING ST 11/06/2009 NEW CUMBERLAND, PA 17070 MARGERY L HEMPT 515 HARDING ST 10/06/2009 NEW CUMBERLAND, PA 17070 8NARGERY L HEMPT 515 HARDING ST �l7) 774-7447 04/10/2009 ' NEVV��UK8BERLAND. PA170��1J37' 515 HARDING ST 03/30/2009 NEW CUMBERLAND, PA 17070 | MARGERY HE&OPT 515 HARDING ST (717) 774-7447 03/28/2009 NEW CUMBERLAND, PA 17070 ~~~~~^ ~ ^ -~^ ^ 515 HARDING ST 02/11/2009 NEW CUMBERLAND, PA 17070 515 HARDING ST (717)774-7447 05/13/2008 NEW CUMBERLAND, PA 17070 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire JAN 24 ID No. 315501 All 10: 4 4 220 Lake Drive East, Suite 301 �"L MBERL AtjD C U T Y Cherry Hill,NJ 08002 PENNS (856)482-1400 Attorney for Plain CitiMortgage, Inc., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Donald R. Fuller,Jr., and Margery L. Hempt, No.: 13-6744 Civil Defendant(s). Entry of Appearance ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, CitiMortgage, Inc., in the above captioned matter. VS AD & ASSOC ATES, LLC Ro ert W. Williams, Esquire Attorney ID No. 315501 MILSTEAD & ASSOCIATES, LLC Attorney for Plaintiff j BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton,NJ 08053 j (856) 482-1400 File#88.26549 CitiMortgage, Inc. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Donald R. Fuller,Jr. Margery L. Hempt No.: 13-6744 Civil Defendant. ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 and R.C.P. 3129.2 (c)(1)(i)(C). AND NOW, upon consideration of Plaintiff's Motion for an Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430 and R.C.P. 3129.2 (c)(1)(i)(C) and any response thereto: IT IS on this L S day of ./"AN'J 1gaY , 2014, hereby ORDERED that the Motion for Alternative Service is GRANTED. IT IS FURTHER ORDERED that service of the Complaint in mortgage foreclosure, and all legal papers that require personal service pursuant to R.C.P. 3129.2 (c)(1)(i)(C), shall be served on Defendants, Donald R. Fuller, Jr. and Margery L. Hempt, by 1) posting the mortgaged premises known as 518 Harding Street,New Cumberland, PA 17070 (the "Premises") and 2) by regular and certified mail to the mortgaged premises. BY T COURT: J. rr -<> C D tD � „ .r r7l MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File # 75.26549 L UI tHE F PRCIMONOTA-; 20111 MAR 13 All 10: 54 CUMBERLAND COUNTY PENNSYLVANIA CitiMortgage, Inc., Plaintiff, Vs. Donald R. Fuller, Jr., and Margery L. Hempt, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-6744 Civil Praecipe to Reinstate Complaint in Mortgage Foreclosure TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. EAD &ASOCIA ES, LLC Robeti W. Williams, Esquire Attorney ID No. 315501 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY E j „ Np;(?z of Culribrr{4f1 'ri7�t QF THE •$f RIF= APR _2 Fi'i L: R LItI1BERL HD COUNTY PENNSYLVANIA Citimortgage Inc. vs. Donald Richard Fuller (et al.) Case Number 2013 -6744 SHERIFF'S RETURN OF SERVICE 03/14/2014 05:11 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Donald Fuller, Boyfriend, who accepted as "Adult Person in Charge" for Margery L. Hempt at 515 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. CL-t -�TYt Ci • k DAWN KELL, DEPUTY 03/14/2014 05:11 PM - Deputy Dawn Kell, 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: Donald Richard Fuller at 515 Harding Street, New Cumberland Borough, Ni Cumberland, PA 17070. DAWN KELL, DEPUTY 03/21 /2014 1 1:50 AM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Donald Richard Fuller, pursuant to Order of Court by "Posting" the premises located at 518 Harding Street, New Cumberland Borough, New Cumberla d, PA 17070 with a true and correct copy according to law. 9 L 1 • M LINE, DEPUTY 03/21/2014 11:50 AM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Margery L. Hempt, pursuant to Order of Court by "Posting" the premises located at 518 Harding Street, New Cumberland Borough, New Cumberland, PA 17070 with a true and correct copy according to law. LLIAM LINE, DEPUTY • SHERIFF COST: $75.21 SO ANSWERS, March 24, 2014 RONNY R ANDERSON, SHERIFF ;ouf.tySui e Sherifr, Telco f MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff P, 0 THO,'LO TA , 21314 APR 16 Arl 10: 5 C ON3ERL. AND COUNTY PENNSYLVANIA File No. 75.26549 CitiMortgage, Inc. Plaintiff, Vs. Donald R. Fuller, Jr. Margery L. Hempt Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-6744 Civil AFFIDAVIT OF SERVICE I, Robert W. Williams, Esquire, say that a Complaint in Mortgage Foreclosure was served upon Defendants Donald R. Fuller, Jr. and Margery L. Hempt as follows: • Regular and certified mail per terms of the court order to 518 Harding Street, New Cumberland, PA 17070 on March 19, 2014. A copy of the Proofs of Mailing are attached hereto and made part hereof as Exhibit "A." I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. 414 relatT nswo ft *Tif 1014 Ro cation to authorities. ert W. Williams, Esquire Attorney ID #315501 • qw-:-::-Fi:nER TIFIEDAA Milstead & Associates I E. Stow Road Marlton, NJ 08053 111 11 11 11 7196 9008 9111 2639 6765 RETURN RECEIPT REQUESTED !till 11111111111111111 !till II I 1111 11 I I I 11 II III I I I III t I *II I Margery L. Hempt 518 Harding Street New Cumberland, PA 17070 fe.sPA's 1-1 447 • 2 ..,..„----- 0 prr:'"--4473was 01 00031 71 ou mAR 1 9 2014 MA/LE.D FROM ?JP COOS. 08053 • . • Milstead & Associates I E. Stow Road Marlton, NJ 08053 1111'1111111111111/"PillikliT1111111111111"1111'11111 Margery L. Hempt 518 Harding Street New Cumberland, PA 17070 P;i5'13al 02 IP ° -,-EP,V3XTRWamon.mpr PITNEY eame $ nnA 320 [,031 71 068 MAR 9 2O POLED FROM ZiP CODE 08053 CERfiriebTvimi Milstead & Associates 1 E. Stow Road Marlton, NJ 08053 7196 9008 9111 2639 6758 RETURN RECEIPT REQUESTED 11[1,10111001111.,11 41119111.111}1111.111111 Donald R. Fuller, Jr. 518 Harding Street. New Cumberland, PA 17070 r;1 $ 011_ 0003171136'6 VAR 19 2614 JAILED FROM ZIP CODE 03053 Milstead & Associates 1 E. Stow Road Marlton, NJ 08053 1111.110111111110.,11,111111,111.1.111111illil1ll1ii1",11,1,1 Donald R. Fuller, Jr. 518 Harding Street New Cumberland, PA 17070 40ES - Pri-Ner eowz,s 02 1P 5,320 ( ,kr3.4A°°1L3EID71 °68M 1P COOE 08053 1 9 2014 k MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 East Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff CitiMortgage, Inc. Plaintiff, vs. Donald R. Fuller, Jr. Margery L. Hempt Defendant. -r 2"4 4PR 24 'I 'IL 4 1;53,i/oLf4 46 NNs y Our File Number: 75.26549 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-6744 Civil PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 Kindly substitute Federal National Mortgage Association as successor Plaintiff for the originally named Plaintiff The material facts on which the right of succession and substitution are based as follows: Federal National Mortgage Association is the current plaintiff in the foreclosure action by virtue of an Assignment of Mortgage, between CitiMortgage, Inc. and Federal National Mortgage Association. Kindly amend the information on the docket accordingly. MILSTEAD & ASSOCIATES, LLC BY: Ro ert W. Williams, Esquire P.sopc1 01 12)9a y Inst. # 201404213 - Page 1 of 4 Prepared By / Return To: E.Lance/NTC, 2100 Alt. 19 North, Palm Harbor, FL 34683 (800)346 -9152 Citi Loan No 2003720345 Seterus Loan No 25602305 Fannie Loan No 1701876874 Tax Code/PIN/UPI #: 26-23-0543-090 CERTIFIED PROPERTY IDENTIFICATION NUMBERS 26 -23- 0543 -090 - NEW CUMBERLAND2 CCGIS REGISTRY 02/28/2014 BY TB ASSIGNMENT OF MORTGAGE Contact Federal National Mortgage Association for this instrument do Seterus, Inc., 14523 SW Millikan Way, #200, Beaverton, OR 97005, telephone #1- 866 -570 -5277, which is responsible for receiving payments. FOR GOOD AND VALUABLE CONSIDERATION, the sufficiency of which is hereby acknowledged, the undersigned, CITIMORTGAGE, INC.,WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON, MO, 63368, (ASSIGNOR), by these presents does convey, grant, assign, transfer and set over the described Mortgage therein together with all interest secured thereby, all liens, and any rights due or to become due thereon to FEDERAL NATIONAL MORTGAGE ASSOCIATION, WHOSE ADDRESS IS 14221 DALLAS PARKWAY, SUITE 100, DALLAS, TX 75254, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE). Said Mortgage dated 07/28/2006, in the amount of $130,000.00 made by DONALD R. FULLER, JR. AND MARGERY L. HEMPT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FULTON BANK recorded on , in the Office of the Recorder of Deeds of CUMBERLAND County, in the State of Pennsylvania, in Book 1960, Page 896 and/or Document # . Property is more commonly known as: 518 HARDING STREET BORO OF NEW CUMBERLAND, NEW CUMBERLAND, PA 17070. See Exhibit attached for Assignments, Modifications etc. Dated this 27th day of February in the year 2014 CITIMORTGAGE, INC. By: KRIS PRICE VICE P 'SIDENT All Authorized Signatories whose signatures appear above have reviewed this document and supporting documentation prior to signing. IMIf�NN�'I�IImnIII�NAIII' 0. � �IXAI�Idz�I1�I���IlAB1��� *D0005479122* Inst. # 201404213 - Page 2 of 4 Citi Loan No 2003720345 Seterus Loan No 25602305 Fannie Loan'No 1701876874 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me on this 27th day of February in the year 2014, by Kristin Price as VICE PRESIDENT of CITIMORTGAGE, INC., who, as such VICE PRESIDENT being authorized to do so, executed the foregoing instrument for the purposes therein contained. He /she /they is (are) personally known to me. TONYA L. JERA - NOT PUBLIC COMM EXPIRES: 02/25/2017 Tonya L. Tejera Notary Public State of Florida' My Commission # EE849072 Expires February 25, 2017 Assignment of Mortgage from: CITIMORTGAGE, INC.,WHOSE ADDRESS IS 1000 TECHNOLOGY DRIVE, O'FALLON, MO, 63368, (ASSIGNOR), to: FEDERAL NATIONAL MORTGAGE ASSOCIATION, WHOSE ADDRESS IS 14221 DALLAS PARKWAY, SUITE 100, DALLAS, TX 75254, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE) Mortgagor: DONALD R. FULLER, JR. AND MARGERY L. HEMPT When Recorded Return To: CitiMortgage, Inc. C/O Nationwide Title Clearing, Inc. 2100 Alt. 19 North Palm Harbor, FL 34683 All that certain lot or piece of ground situated in Mortgage Premise: 518 HARDING STREET BORO OF NEW CUMBERLAND NEW CUMBERLAND, PA 17070 CUMBERLAND (Borough or Township, if stated), Commonwealth of Pennsylvania. Being more particularly described in said Mortgage. Certificate of Residence I, Kristin Price, do certify that the precise address of the within named Assignee is: FEDERAL NATIONAL MORTGAGE ASSOCIATION, WHOSE ADDRESS IS 14221 DALLAS PARKWAY, SUITE 100, DALLAS, TX 75254, ITS SUCCESSORS AND ASSIGNS, (ASSIGNEE) KRIS PRICE A L 2J VICE PRESIDENT All Authorized Signatories whose signatures appear above have reviewed this document and supporting documentation prior to signing. *D0005479122* 4' Loan No: 2003720345 Inst. # 201404213 - Page 3 of 4 'EXHIBIT A' Assignments, Modifications, Consolidations Exhibit Assignment MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. TO CITIMORTGAGE, INC. DATED 07-19 2011. REC 08-01-2011 INSTR# 201121207 11111111111111111!1,M111515111111111111111111 111111111111111111111111!1011,110111!111,!1211111111111111111111111 Inst. # 201404213 - Page 4 of 4 TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 Instrument Number - 201404213 Recorded On 2/28/2014 At 8:47:04 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 156948 User ID - KW * Mortgagor - FULLER, DONALD R JR * Mortgagee - FEDERAL NATIONAL MTG ASSOC * Customer - SIMPLIFILE LC E- RECORDING *FEES STATE WRIT TAX STATE JCS /ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $11.50 $15.00 $2.00 $3.00 $55.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland Coun A RECORDER OF DEEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 File No. 75.26549 or THE PROTHONOTAR 217,14 JUL IS 011: 03 C1.111114-RLAND COUNTY /q Attorney for Plaintiff Federal National Mortgage Association P:O. Box 8517 Portland, OR 97207, Plaintiff, Vs. Donald R. Fuller, Jr. 515 Harding Street New Cumberland, PA 17070 And 518 Harding Street New Cumberland, PA 17070, and Margery L. Hempt 515 Harding Street New Cumberland, PA 17070 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-6744 Civil PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Donald R. Fuller, Jr., and Margery L. Hempt, Defendants, for failure to file an Answer on 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 Interest 11/1/13 through 07/11/14 TOTAL $160,385.42 6,087.18 $166,472.60 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance wit . • - 237.1. y attached. Robert W. Williams, Esquire Attorney for Plaint DAMAGES AREREBY ASSESSED AS INDICATED DATE: (S (Lt PROT TARY • c' s\kO.sap6y eAok 13y (, u MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff Our file number: 75.26549 Federal National Mortgage Association, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 13-6744 Civil Vs. Donald R. Fuller, Jr. and Margery L. Hempt Defendants TO: Donald R. Fuller, Jr. 515 Harding Street, New Cumberland, PA 17070 DATE OF NOTICE: May 21, 2014 Margery L. Hempt 515 Harding Street, New Cumberland, PA 17070 Donald R. Fuller, Jr. 518 Harding Street New Cumberland, PA 170 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Page 1 of 3 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC By: Ro • ert W. Williams, Esquire ID No. 315501 Attorney for Plaintiff Page 2 of 3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Donald R. Fuller, Jr. 515 Harding Street New Cumberland, PA 17070 Federal National Mortgage Association, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 13-6744 Civil Vs. Donald R. Fuller, Jr., and Margery L. Hempt Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. 1)60 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Margery L. Hempt 515 Harding Street New Cumberland, PA 17070 Federal National Mortgage Association, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 13-6744 Civil Vs. Donald R. Fuller, Jr., and Margery L. Hempt Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Donald R. Fuller, Jr. 518 Harding Street New Cumberland, PA 17070 Federal National Mortgage Association, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 13-6744 Civil Vs. Donald R. Fuller, Jr., and Margery L. Hempt Defendants NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Robert W. Williams, ESQ. 315501 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 File No. 75.26549 Attorney for Plaintiff Federal National Mortgage Association, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Donald R. Fuller, Jr. and Margery L. Hempt Defendants No.: 13-6744 Civil VERIFICATION OF NON-MILITARY SERVICE Robert W. Williams, Esquire, hereby certifies that he is attorney for the Plaintiff in the above -captioned matter, and verifies the following facts to the best of his information and belief: 1. inquiry has been made with the Department of Defense, and it has been determined that Defendants are not in the Military or Naval Service of the United States or its Allies, and/or do not fall within the provisions of the Servicemembers Civil Relief Act of 2003, 50 USC App.§ 501 2. defendant, Donald R. Fuller, Jr., is over 18 years of age, 3. defendant, Margery L. Hempt, is over 18 years of age, DATE: 1) 14 19.0(9 Robert W. William , Esquire Department of Defense Manpower Data Center Results as of : Jul -14-2014 07:27:01 AM SCRA 3.0 Status Report Pursuant to Servicememabers Civil Relief Act. Last Name: FULLER First Name: DONALD R. Middle Name: Active Duty Status As Of: Jul -14-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - - No NA This response reflects the individuals' active duty status based on ,the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA t 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 Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA `. - — No NA This response reflects whetherthe 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. v�. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Department of Defense Manpower Data Center Results as of : Jul -14-2014 07:27:34 AM SCRA 3.0 Stag Report Pursuant to Servicer e e s Civil Relief Act Last Name: HEMPT First Name: MARGERY Middle Name: Active Duty Status As Of: Jul -14-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - • - No . NA This response reflects the individuals' active duty status based' on the Active Duty Status Date Left Active Duty Within 367 Da s 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 Duly Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA '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 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 75.26549 Federal National Mortgage Association COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 13-6744 Civil CIVIL ACTION Donald R. Fuller, Jr. MORTGAGE FORECLOSURE Margery L. Hempt Defendants CERTIFICATE OF SERVICE I, Robert W. Williams, Esquire, do hereby certify that the Complaint in Mortgage Foreclosure was served upon Defendants, Donald R. Fuller, Jr., and Margery L. Hempt by March 21, 2014 per terms of the court order. A copy of the Service Returns are attached hereto and made a part hereof as Exhibit "A". I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. § 4904 relating to unsworn falsification to authorities. Robert W. Williams, Esquire Attorney for Plaintiff • MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff 231 t j.' APR t All ( ii= Ftfi - ),� itt t SYS " File No. 75.26549 CitiMortgage, Inc. Plaintiff, Vs. Donald R. Fuller, Jr. Margery L. Hempt Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-6744 Civil AFFIDAVIT OF SERVICE I, Robert W. Williams, Esquire, say that a Complaint in Mortgage Foreclosure was served upon Defendants Donald R Fuller, Jr. and Margery L. Hempt as follows: • Regular and certified mail per terms of the court order to 518 Harding Street, New Cumberland, PA 17070 on March 19, 2014. A copy of the Proofs of Mailing are attached hereto and made part hereof as Exhibit "A." I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18Pa_C.S cation to authorities. Rotted W. Williams, Esquire Attorney II) #315501 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND ����W��� �^~°"°"����^~����^~�� COUNTY 1,••°"- 1;3' - Citimortgage Inc. vs_ Donald Richard Fuller (et al.) Case Number 2013-6744 SHERIFF'S RETURN OF SERVICE 03/4/2014 05:11 PM - Deputy Dawn Keii, being duly sworn according to law, served the requestd Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Donald Fuller, Boyfriend, who accepted as "Adult Person in Charge for Margery L. Hempt at 515 Harding Street, New Cumbertand Borough, New Cumberland, PA 17070. ,tsA.rl1 . DAWN KELL, DEPUTY 03/14/2014 05:11 PM - Deputy Dawn Kell, 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 Oa the Defendant, to wit: Donald Richard Fuller at 515 Harding Street, New Cumberland Borough, New Cumberland, PA 17070. DAWN KELL, DEPUTY 03/21/2014 11:50 AM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Donald Richard Fuller, pursuant to Order of Court by "Posting" the premises located at 518 Harding Street, New Cumberland Borough, New Cumberla d, PA 17070 with a true and correct copy according to law. PL I M'LINE, DEPUTY 03/21/2014 11:50 AM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Margery L. Hempt, pursuant to Order of Court by "Posting" the premises located at 518 Harding Street, New Cumberland Borough, New Cumberland, PA 17070 with a true and correct copy according to law. SHERIFF COST: $75.21 LLIAM INE, DEP TY , . SO ANSWERS, X:"} March 24, 2014 RONNYRANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Federal National Mortgage Association CIVIL ACTION Plaintiff, vs. NO.: 13-6744 Civil Donald R. Fuller, Jr. PRAECIPE FOR WRIT OF EXECUTION Margery L. Hempt (Mortgage Foreclosure) Defendants TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above -captioned matter; 3. and index this writ against the Defendant(s) as follows: Donald R. Fuller, Jr. Margery L. Hempt Real Property involved: 518 Harding Street New Cumberland, PA 17070 Amount Due Interest from 7/12/14 to Date of Sale at $24.06 per diem (6%) TOTAL (Costs to be added) DATE: )\ 1 Qi51 43F-SD?bi a PV -Mr ci SD". ''' '1.0-1 �; " $ ��, X03 $166,472.60 Respectively submitted, Milstead & Associates, LICC atrial "J Vesn- r, Esquire Attorney for P faint ff 1 E. Stow Roa Marlton, NJ 0 thi.)..253)(A.A2 g. so Qk--fl squo /ioe7/ =,D <73 N ca rri r-- CD C C c All that certain lot or piece of land situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: Beginning at a point on the southern line of Harding Street, said point being two hundred ten (210) feet in a westerly direction from Elm Street; thence in a southerly direction by a line parallel with the dividing line between Lots Nos. 102 and 103, Section 2, of the hereinafter mentioned plan of lots one hundred thirty (130) feet to a point; thence in a westerly direction along the northern line of a twenty (20) foot alley, sixty (60) feet to a point; thence in a northerly direction by a line parallel with the dividing line between Lots Nos. 100 and 101, Section 2, of the hereinafter mentioned plan of lots, one hundred thirty (130) feet to Harding Street, sixty (60) feet to the place of beginning. Being the western forty (40) feet of Lot No. 102, Section 2 and the eastern twenty (20) feet of Lot No. 101, Section 2, of the Plan of Cumberland Manor, said plan being recorded in the Cumberland County Recorder's Office in Carlisle, Pennsylvania, in Plan Book 2, Page 73. Having erected thereon a two-story brick and frame dwelling known as 518 Harding Street. Title to said Premises vested in Donald R. Fuller, Jr. and Margery L. Hempt, adult individuals, tenants in common by Deed from Lorraine U. Dewees, widow, by her agents, Randi K. Doebler and Diane C. Leitzinger dated 06/26/2006 and recorded 07/31/2006 in the Cumberland County Recorder of Deeds in Book 275, Page 4446. Being known as 518 Harding Street, New Cumberland, PA 17070 Tax Parcel Number: 26-23-0543-090 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 75.26549 t 2014 41�G20 psi 40 1,f 18FFI r, PE L V NIA NT'Y Federal National Mortgage Association Plaintiff, vs. Donald R. Fuller, Jr. Margery L. Hempt COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-6744 Civil AFFIDAVIT OF SERVICE Defendants ; PURSUANT TO RULE 3129.1 Federal National Mortgage Association, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 518 Harding Street, New Cumberland, PA 17070: 1. Name and address of Owners(s) or Reputed Owner(s): Donald R. Fuller, Jr. 518 Harding Street New Cumberland, PA 17070 Margery L. Hempt 518 Harding Street New Cumberland, PA 17070 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Federal National Mortgage Association (Plaintiff herein) 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 FIA Card Services NA 655 Papermill Road Newark, DE 19711 Chase Bank USA, NA 200 White Clay Center Drive Newark, DE 19711 4. Name and Address of the last recorded holder of every mortgage of record: Federal National Mortgage Association (Plaintiff herein) 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 518 Harding Street Cumberland County Courthouse New Cumberland, PA 17070 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Cumberland County Tax Bureau 21 Waterford Drive, Suite 201 Mechanicsburg, PA 17050 New Cumberland Borough Tax Office 1113 Bridge Street New Cumberland, PA 17070-1634 West Shore School District 507 Fishing Creek Road P.O. Box 803 New Cumberland, PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: S 1 i%V('t Patric e'sne , Esquire d Attorney forPlai a tiff NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S) Donald R. Fuller, Jr. Margery L. Hempt PLAINTIFF/SELLER: Federal National Mortgage Association DEFENDANT(S): Donald R. Fuller, Jr. Margery L. Hempt PROPERTY: 518 Harding Street New Cumberland, PA 17070 (Improvements erected thereon) JUDGMENT AMOUNT: $166,472.60 CUMBERLAND COUNTY No.: 13-6744 Civil C") The above captioned property is scheduled to be sold at Sheriff's Sale on December 3, 2014 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed hereto within 10 days after the filing of the schedule. Sincerely, s Pa ;.e,qu e MILSTEAD & ASS:bCI A TES, LLC 1 E. Stow Road Marlton, NJ 08053 75.26549 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 75.26549 ur HE PR O THON01-u, 2014AUG 20 PM 1:46 CUMBERLAND COUNTY PENNSYLVANIA Federal National Mortgage Association Plaintiff, vs. Donald R. Fuller, Jr. Margery L. Hempt Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-6744 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 518 Harding Street, New Cumberland, PA 17070, is scheduled to be sold at sheriff's sale on December 3, 2014 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $166,472.60 obtained by Federal National Mortgage Association. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See notice on following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened, you may call Milstead and Associates at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than thirty days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO -TO, OR TELEPHONE, THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net FEDERAL NATIONAL MORTGAGE ASSOCIATION Vs. NO 13-6744 Civil Term CIVIL ACTION — LAW DONALD R. FULLER, JR. MARGERY L. HEMPT WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $166,472.60 L.L.: $.50 Interest FROM 7/12/14 TO DATE OF SALE AT $24.06 PER DIEM (6%) Atty's Comm: Atty Paid: $327.63 Plaintiff Paid: Date: 8/20/14 (Seal) REQUESTING PARTY: Name: PATRICK J. WESNER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 1 E. STOW ROAD MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 203145 Due Prothy: $2.25 Other Costs: bea.mi-eLI 214J1_, David D. Buell, Prothonota Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED -OFFICE OF THE PROI -WHOTARY 0��tp of comfit*, zoili NOV 26 ACS 9: CUMBERLAND oFF7ce of iwe £iffMIFF PENNSYLVANIA COUNT Y Citimortgage Inc. vs. Donald Richard Fuller (et al.) Case Number 2013-6744 SHERIFF'S RETURN OF SERVICE 10/02/2014 08:40 PM - Deputy Christopher Sharpe, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 518 Harding Street, New Cumberland - Borough, New Cumberland, PA 17070, Cumberland County. 10/02/2014 08:40 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Margery L. Hempt, pursuant to Order of Court by "Posting" the premises located at 518 Harding Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. 10/02/2014 08:40 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Donald Richard Fuller, pursuant to Order of Court by "Posting" the premises located at 518 Harding Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. 10/14/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $936.60 November 24, 2014 c) CountvSu:te Sheriff, Teleosoft, Inc. SO ANSWERS, RONK'S' R ANDERSON, SHERIFF co- Rh 3/3 ham/ 0 Wj co U 1 Q ty CO L. o U On September 08, 2014 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Known and numbered as, 518 Harding Street, New Cumberland, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: September 08, 2014 By: Real Estate Coordinator