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Home My WebLink About13-7044 f S uplreme Co '' Y ; ennsylvania COu ' ff o `Pleas For Prothonotary Use Only: C 1� V el�� t Docket No: tr' CUMRIJfiNI� County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lain or rules of court. Commencement of Action: S xi Complaint [3 Writ of Summons 0 Petition ® Transfer from Another Jurisdiction [3 Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO,Q CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUrd T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? El Yes El No (check one) x; outside arbitration limits O N Is this a Class Act %on Suit? E3 Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC Check here if you have no attorney (are a Self - Represented [Pro 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 you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S 13 Product Liability (does not include E mass tort) � Employment Dispute: Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other 0 Zoning Board T 0 Other: I 13 Other: O MASS TORT ® Asbestos N ® Tobacco Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 13 Ejectment � Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation Declaratory Judgment 0 Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto Dental Partition Replevin Q Legal Quiet Title Other: 13 Medical Other: Other Professional: Updated 111/2011 f ROWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Jill Manuel - Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id. No. 307968 7 Daniel C. Fanaselle, Esquire Id. No. 312292 H Richard J. Nalbandian, III, Esquire Id. No. 312653 Matthew J. McDonnell, Esquire Id. No. 313549 r 1310 Industrial Boulevard, Suite 202 Southampton, PA 18966 (215) 942 -2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF ` I NO. C�u i � 3--�1 O �1 � VS. COMPLAINT IN MORTGAGE FORECLOSURE CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM 215 CENTER STREET ENOLA, PA 17025 DEFENDANT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 A '� / W SS IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS . PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRK & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Jill Manuel - Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id. No. 307968 Daniel C. Fanaselle, Esquire Id. No. 312292 Richard J. Nalbandian, III, Esquire Id. No. 312653 Matthew J. McDonnell, Esquire Id. No. 313549 131.0 Industrial Boulevard, Suite 202 Southampton, PA 18966 (215) 942 -2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE ` GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF NO. 'VS. COMPLAINT IN p MORTGAGE FORECLOSURE CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM 215 CENTER STREET ENOLA, PA 17025 DEFENDANT CIVIL ACTION MORTGAGE FORECLOSURE 1. CitiMortgage, Inc., Successor By Merger to ABN AMRO Mortgage Group, Inc. (hereinafter referred to as "Plaintiff") is a Corporation with a principal place of business in O'Fallon, Missouri. 2. Connie Lou Cunningham a/k/a ConnieLou Cunningham (hereinafter referred to as "Defendant ") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as Mortgagee. The Mortgage, dated January 21, 2005, was recorded on February 9, 2005 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1896, Page 3622, Instrument 4200504613. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 4.. The Mortgage secures the indebtedness of a Note executed by the Defendant on January 21, 2005 in the original principal amount of $105,600.00, which is payable to Plaintiff in monthly installments with an interest rate of 5.750 %. A copy of the Note is attached and made a part hereof as Exhibit `B'. ' t 5. The land subject to the mortgage is 215 Center Street, Enola, PA 17025. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. — --- - - - - -- - - -6, .— The .Defendant- is_theRecord_Owner of the mortgaged property loca at 215 Center Street, Enola, PA 17025. 7. The Mortgage is now in default due to the failure of Defendant to make payments as they became due and owing. As a result of the default, the following amounts are due: Principal Balance $94,470.93 Interest to 11/01/2013 $1,722.14 Accumulated Late Charges $290.07 Inspections $54.00 Escrow Advance Balance $489.58 O/S BPO Fee $150.00 Reconveyance $12.00 Release Fee $55.50 Less Unapplied Funds ($400.00) TOTAL $96,844.22 plus interest from 11/02/2013 at $8.0883 per day, costs of suit and attorney's fees. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendants in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. 9. If Defendants have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ( "Act 91 Notice ") 35 P.S. Section 1680.403c. ' 11. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on July 15, 2013. A copy of the Notice is - -- - -- attached and -made a- part _ hereof as- Exhibit `C -'_. -- WHEREFORE, Plaintiff requests the court enter an in rem judgment against the Defendant, in the sum of $96,844.22, together with interest, costs, fees and charges collectible under the mortgage, including, but not limited to attorney's fees and costs, and for the foreclosure and sale of the mortgaged property. POWERS, KIRN & JAVARDIAN, LLC j 1 2 ►3 BY: J Gregory Javardian, Esquire Id. No. 55669 ill Manuel - Coughlin, Esquire Id. No. 63252 ❑ Jolanta Pekalska, Esquire Id. No. 307968 ❑ Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Richard J. Nalbandian, III, Esquire Id. No. 312653 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff 1 i 1 l t } I t i I 4 i i } 1 t i i i , I 4 E XHIBIT i J LANDEX Document Data Page 1 of 1 1 I Instrument #: 200504613 Book: 1896 I Recorded Date: FEB 9, 2005 Page: 3622 12:00:00 AM Total Pages: 19 i Instrument Type: MORTGAGE Parcel Numbers: N/A County: CUMBERLAND Municipality: EAST PENNSBORO TOWNSHIP Recording Status: VERIFIED Notes: MORTGAGOR MORTGAGEE CUNNINGHAM,CONNIE LOU ABN AMRO MORTGAGE GROUP INC { i 3 i 1 I I I i i i i i I i http : / /www.landex.com/webstore /jsp/ cart/DocumentSearchResults jsp ?LastName= CUNN... 10/25/2013 1 S i i. i MR-:;?T ?. ZIEGLER. i :a. — . , 0, DEEDS 2G95 FEB 9 BPI 10 i t s I { i i { i i When recorded mail boi ABU AHRO 14ORTOAGE GROUP, INC. P.O. Bo% 5064 TROY, MICHIGAN 48004 ATTNrFXNAL /TRAILXHG DOCt1A4MS t I l�ED-A. TED ! 7� "pas Above ThisUno pay RoeordingDamj ----- —. MORTGA GE Words used n mnfl�te seotions of this document are dettned below and other words are defined in Section33.1 1. 13, 18.20 and 21. Certain rules regarding the usage of yards used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JANUARY 21, 2005, together with all Riders to this document (B)' Borrowee come LOU CUNNINGHAH, A SIBGLS WOMAN. Borrower is the mortgagor under this Security Instrument: ��nt Xn4lialex ?ENNSYLL%NtA -StngM Aam.N- Fannie MaojFroddto htao UMFORM )NSTRUMEW Corm 30701] I. m 099.X04 Onrno Ooeumonts; Inc Page I* of 14 PAUDEEO PAUDEOL C4.11 01 -21 -2605 10r17 1 i i i I B 1896PG3622 a I , , �i I I i REDACTED LOAN #, ( 747 1 (C). "Gender" Is ABU MRO MORTuAGE QROUP, IHc, f 9 Lender is a coRwoRATXon organized and existing under the taws of Gst.AtiA?tE. Lender's address is 2600 W. 8I0 BRAVER RD., TROY, MXCHIGUI 48084. Lender is the inortgogee under this Security Instrument ! (D) "Nate ";means the promissory note sigiled.by.Ekmowor and dated ilk=RY 21, 2005. The Note states that Borrower owes lender — .ioim HuiibRF.D HIVE THOus;wo six RuNDRED 4 AND 1t0/ 1000+ ti:+• a •+ +•• + +a••t•+f + + +►r++►..• +'+ Dollars(U.S. $105,600.00 j plus interest. Borrower has,promised to pay this debt in regular Periodic Payments and to pay the debt in fu4' not later than. FEBRUARY 1; 2675. (E) " Property" means thepropelnydhatisdescribedbelowunderthaheading "°fransferatREghtsInthe .Property. (F) "Loan" means the debt evidenced by the Note, plus interest, arty prepayment charges and late charges dud under the Note, and all sums. due Under.this Security Instrument, plus interest.. I (Q) "Enders" means all Riders to this Security Instrument that ere executed by Borrower. The following Riders a►e to boaxecuted by Borrower (check boxes applicable): y QAd usable Rate Rider C Rider ED Second Horn e'Rtder i D Ba con Rdder OPlanned Unit Development Rider L (specify) ©1- 4 Family Rider Biweekly Payment Rider ED VA Rider (Ft) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. j (1) 'Community Association Dues, Fees, and Assessments" means all dues, foes, assessments 1 and other charges that are imposed on Sorrower or the Property by a condominium association, f homeobirrars association or similar organization. j (.) " EtectrontoFundsTmnsfoe 'meansanytransterof funds, other than atransactionodginatedbychedc, f draft, or Wmoar paper Instrument, which is Meted through an electronic terminal, telephonic Instrument j computer;.ormagnetic tape so as to order; Instruct, cr authofizo a &W.Clai institution to debit or credit an 1 1 account Such term includes, but Is not limited to; point.ot- -Sale transfers, automated Wei machine transactlons, transfers InI061ed by .telephone; wire transfers, and automated clearinghouse transfers. ' (K) "Iscrow Roma" means those items that are described in Section 3. l (t.). "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro. ceeds.paid by:any third party (other than insurance. proceeds paid under the coverages described in I Section 5) for_ (I) damage to or destruction of , the Property, (ii) condemnation or Other taking otaii or any part of the Property; (ii) conveyance' ht lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or cohditl6n of. the Property.. (M) Mortgage Insurance" means Insurance protecting Lender against line nonpayment of, or default I on, the Loan. (0). "Oetiodlaftymerrtameans the regularly scheduled amount due for (7 principal and interest under I the Note, pius:(8) any amounts under Section 3 of Ihfs Security Instrument i (0)' "RESPA ".mearis the:Raal Estate Settlement Procedures Act (12 U.S.C. 92601 at seq.) and its i implementing regulation, Regulation.X (24 C.F.R. Part 3500), as they might be amended from time to j time, or any additional or successor legislation or regulation that govems the same subject matter. As used In this Security Instrument, "RESPA° refers to all requirements and restrictions that are imposed I in regard to a "federally related mortgage loan" even It the Loan does not quality as a Nderally related mortgage loan" under RESPA. i Iaitiala, i L'. ` PENN5YLVAMA T n9! eFanQY Fannl9Mad (Froddto Man UNtrOnMINSTRUMENT Fo=30301101 , 0 19 2004 On9no Ommonm lnr-- page 2 of 14 PAUDM. parr 01 -21 -2005 10,17 i I I i r � { I i { REDACTED � i LOAN fir JIM747 4 (P) "Successor{n inieresCof.l3orrower'means any party that has taken title to the Property, whether y or not that party has assumed Borrower's obligations undor the Nona and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security tnstrumentsetwrestdUrider. (il the repayment of the Loan. and allionewats, extensionsand modifications of the Note; and () the performance of Borrower's covenants and agreements under this Secui ty. instnrmentand the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY IfYpe Recording Jwtadictionl of CUNDERLASD IName w R000rdhg Jurit l: SEE LEGAL DESC.RSPTIOrt ATTACHED HERETO AND MADE A PART KERZOF- { which currently has the address of 215 CENTER STREST, RNOTA, j 13ueeil fcllrl f Pennsylvania .17025 ("Property Address "): ILt: Coda) TOGETHER W17.H. all. the impiovernento noly. or erected on the property, and all easements, appurtenances.'and fixtures now Or hereafter a part f.the property. AD replacements and additions stied - also be. covered by this Security Instrument. All of the foregoing Is raferred to in this Security instrument as the.'Property." { BORROWER COVENANTS that Borroiveris lawfully seised of the estate hereby conveyed and has � thesight to mortgage, grani.and convey the Property and'that the Property is unencumbered, except { forencumbrances of record. Borrowerwarrants and will defend generally the tWatothe Propertyagainst 1 all claims and, demands, subject to any encumbrances of record, THiS SECURITY INSTRUMENT combines uniform covenants tot national use and nonuniform { covenants with fimited variations by]urisdiciion to constltutaa uniform securilylnstrumerit covering real. , property, { UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: t. Paymontof Prinolpal lnterest,.Eserow itemta, Propilymant Charges, And Late Charges, Borrower shad pay when.duethoptincipai of, anti lnteroston; 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 pursuantto Section & Payments due under the Note and this Security Instrument shall be made ` in U.S. currency. However, It anycheck orothor instrument received by Lender as payment under the � Note or this: Security Instrunl6nt is. returned to Lender unpaid, Lender may require that any or all f subsequent payments due underthe Note and this Security Instrument be made in one or more of the {( follbwfng forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's chock or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by lender when received at the location designated In the Nate or t at such other location as may be. designated by Lender in accordance with the notice provisions in Section I S. 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 insufdcient to bring the Loan current, withoutwmver of any rights hereunder or prejudice to its rights to refuse such payment or parStl payments in the future, but Lender is not obligated to apply such payments at the t:a3tialtis PENtMLVAN %4- SinateFarr.By- Fannfe MaclFroddle Mw UNIFORM INSTRUMEW Form 8638 Val C im-2w Oane DoEumonro me Page 3 of 14 PAUCE w11 l 01 -21 -2005 10117 l I I i asu s � r e } 4 , I i I i , i REDACTED LoaB t: i�747 time such payments are accepted, if each Periodic Payment is applied as of its scheduled due -date, then Lender need not pay Interest on unapplied funds. Lender may hold such unapplied funds unal Borrower makes payment to bring the Loan current. It Borrower does not do so within a reasonable period of time, Lender shalt either apply such funds or return them to Borrower. H not applied earlier, such (rinds• will be applied to the outstanding principal balanco under the. Note Immediately prior to foreclosure. No offsot or claim: which Borrower might have now or In the future against Lender shall reneve Borrowerirom rhaking payments due underthe Note and this Security Instrument orperform)ng the coveftants and. agreements secured by this Security Instrument. 2- Appllcgtion:of P*y nenta or Procaeda. Excdptas olhbrwise in this Section 2, all payments accepted and appiled by .Lender shall be applied in the foilowing.orderof priority: (a) interest i dueunderthe13o1e :.(b) principal . ueundertheNote:( c) amountsriue under Section3 . Such payments shalt be applied to each Periodic Paymonttn the ordorin whibh.it became due. Any remaining amounts shalfbe applied first to late charges, second to any other amounts due under this Security instrument, I and then to reduce the principal balance of dire Note. it Lender receives a pa' ment from 9orrower for a delinquent Periodic Payment which includes a sufticlent amount to payany fate charge due, tha payment may be applied to the delfiquentpaymern and thetate charge. If momthan one Perfodid Payment is outstanding, Lendermay apply anypayment received from Borrower to the repayment:of the Periodic Payments N. and to the extent that each payment can be j paid in full. To the extent that any excess exists after the payment Is applied to the fun payment of one or more Periodic Payments. suchexcessmaybe applied toanytatechargesdue. Voluntaryprepoyments shag be applied first.ta arty prepayment charges and than as described in the Notes Anyappllcatlon of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under Me Note stun not . extend arpostpone gre due data, orchangethe amount, of the Petiodic.Payments. & Fu." re Facre Items. Borrovler shall pay to Lender on the day Periodic Payments are due underthe NoW, unit the Net.Is paid in full, a sum (the "Funds�.to provide torpaymentoi amounts due j tor: (a) taxes and`assessments and other items which can attain priority over tiffs Security instrument as a Gen or �Mournbranc. on life Property; (b) Id "g. payments or ground rents an the Property, It any; (c) premiums for any and all.insurance requ'uod by Lander under Section 5; and (d) Mortgage f Insurance premiums, if any, or any sums payable by Borrower to Lender in neu of the payment of y Mortgage insurance premiums in acoordancewith the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan. Lender may require that CoMmunl)y Association Dues, Fees, and Assessments, it any, be escrowed by Borrower, and such dues, fees and assessments shall be an &scrow Item. Borrower shag promptly furnish to Lender an ; riotioes. of amounts tobepaid under this Section, Borrowershatl pay Lenderthe Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing. In the event of such waiver. Borrower shag pay directly, when and where payable, the amounts due forany Escrow ltemsforwhlch payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender mayre4uire. 8cirrow es. obligation to makes such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in flits Security Instrument, as the phrase "covenant and agreement" is used in Section 9. if Borrower is obligated to pay Escrow Items directly, puisuanttoawaivor, and Borrowerfallsto paythe amountdueforan Escrow Item, Under.i may exercise Its tights under Section Wand pay such amount'and Borrower shall then be obligated under Section 9 torepaytb.lenderanysych amount. Lendermayrevoke thewatverae toanyorall Escrow items atanytimobyanaticegivenin accordancewllhSeetion 15 and, upons.6dh ravocation, Borrower shag I pay to fanderaif Funds;.and in such amounis That are then required under this Section 3. Lendermay, atanytime', conectand hold Funds in an amounc(a) sufficient to permit Lender to apply f the Funds at.the time specifiedunder RESPA; and (b) not to exceed the maxlmurq amountalender can rdquire.under RESPA. Lender shall estimate the amount of Funds due an the basis of current data and reasonable estimates of ekpenditures of future Escrow Items or aihormse in accordance with Applicable Law. 2nitiais: ! i PEIrNSVtVAN1A -Sin9h Famify- fAnnlo Mao /Frcddio t9aa UNIFORM W9TitUMENT Form $aGt9 Vol � ® teairaaos Oafim Oogn W. me, Rago'4 of 14 01-21-200 D OL 1 0 4 1 i i t 1 i i r E 1 t I E 1 I { t ' I 1 ( REDACTED 1 LOAN fl 4"0747 the Funds shall be held In an institution whose deposits are insured by a federal agency, instrumentality, or entity (inciriding Lender,lf Lender is an institution whose deposits aro sa irisured)or j In any Federal Home Loan Bank: Lender shall apply the Funds to pay the. Escrow ltems no Later than the time specified under RESPA.lander shall not charge Bomawerior holding and applying the Funds, annually analyzing the escrow account; or verifying the Zscrow Items, unless Lender pays Borrower interest onthe Funds and Applicable Law permits Lender to make such a charge. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in 3 writing, howevor, that interestshall be paid on the Funds. Londershall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. j 1f there isa surplusof Funds held to escrow, asdefined under RESPA, Lender shatiaccountto Borrower I for the excess funds in accordance with RESPA. H there is a shortage of Funds held in escrow as defined ! underFIESPA, Lander 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, Lander shall notify i Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, bug in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority overthis Security Instrument; leasehold payments or ground rents on the Properly, If any, and Community Association Dues, Fees, and Assessments, if arty. To the extentthat these Items are Escrow Items, Borrower shall pay them in the manner provided in Soctlon 3. Borrower shall promptly discharge.any Ilen which has priority over this Security instrument unless Boirowan (a) agrees in .writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but on tysd tong as is performing such agreement; (b) contests the lien In good faith :by, or defends against enforcement of the Dan 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.praceedings are concluded; or (c) secures from the holder of the lien an agreement { satisfactory to Lender subordinting the lion to this Security Instrument. it Lender determines that any part of the Property Is subject to: lien which can'atiain priority over this Security instrument, Lender may ; give Borrower a notice identifying the lion. Within 10 days of the date on which that notice is given, borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require B grrpWer to pay'a one•t'itne charge for a real estate tax verification and /or reporting.service used by L.enifar In connection.with this Loan. I 5: Piopertyrinsurance, Borrower shall keep the Improvements. now existing or hereafter erected on the Property insured against toss by tire, hazards included within the torm "extended coverage," and ! any other hazards Including, but not limited to, earthquakes and floods, for which Lender requires insurance, This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to gender's right to disapprove Borrower's choice, which right shall not be exercised charg charge e for fI6od . Lender may require Borrower to pay, In connection with this Loan, either. (a) a one -time for flo zone determination, certification and tracking services; or (b) a one-time charge for I flood Wne.delerminatlon and certification services and subsequent charges each time remappings or I similar changes oecurwhfeh reasonably might aflect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management { Agency In connection with the review of any good zone determination resulting from an objection by Borrower: If Borrower fails to maintaln.any of the coverages described above. Lander may obtain insurance coverage, at Lender soptlon and Borrower's expense. Lender is under no obligation to purchase any F orm ales PENNSYLVANIA.SYngloFBmay- �FanN Rr oaa /Frodd Mae FormaaMt/of Cie / 0192F2e0r'OafinoOod,montgInc. Page Sof14 PAUDEOL oils 3 01 -21 -2005 I017 1 . I i i RI J. R 4 r P 13 VA r r , I i r1QUACTE® 3 LOAN # r 111111111111111111111747 panIculartypeor amountof coverage. Therefore, such covorageshallcover Lender,_butmightormlght 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 affect. Borrower acknowledges that the cost of the Insurance coverage so obtained might significantly asceod the cost of insurance that Borrower could have obtained. Any amounts disbursed by lender under this Section 5 shall become addditional debt of Sorrower.secured by this Security Instrument. Theseamounts.shall bear interest atthe We ratefrom tho data of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by gender and renewals of such policies shall be subject to Lander's right to disapprove such policies,.shaltlndude a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional toss payee. Lender shall have the right to hold the policies and renewal cartifcates. if Lender requires, Borrower shall promptly give to Lender all recelpts of paid premiums. and renewal notices. it Borrower :obtains any form of Insurance coverage, not otherwise required by Lender,for damage to, ordestructlon of, the. Property such °policy shall include a standard mortgage clause and.shall name Lender as mortgagee andlor as an additional loss payee: In the event :of toss, Borrower shaggioe pr6rrmceTo the Insurance carrier and Lander. Lender may make proof of toss Wrtoli made ptnoti promptly by Borrower: Unless Lender and 86rrdWei r otherwise agree In wrillrig, any insurance pioceeds, whet herornottheundedy4lginsurancewasrequiredbyLender ,shallde applied to restoration or repair of the Property, it'the restoratloh or repair is economically feasible and Lender's security is notlessened. Oaring such repair and restoration Lender shall have.tha right to i hold such insurance praceeds.until Lender has had an opportunity inspect such Property to ensure the work has been completed to Landers saL-Mction, provided that such Inspection shag 6a undertaken promptly. Lander may disburse proceeds for the repairs and restoration in a singte payment Orin a series OWdStess payments as thework is completed. Unless an agreement is htado in writing orAppGeable Law raqutres Interest to be paid on such insurance proceeds, Lendershall not be required to pay Borrower any interestor earnings on suchproceeds: Fees forpub0o adjusters, orotharthird patties, retained by Borrower } shall not be paid outof thoinsurance proceeds andshall be the solecbfigaBonof Borrower. If therestoration j or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shalt be applied to thasums secured by this Security instrument, whether ornot then due, with the excess, ff any, J paid to Borrower. Such insurance proceeds shag be applied it the order provided for in Section 2. i It Borrower abandons the Property, Lender may tile, negotiate and settle any available insurance claim and related matters, it Borrower does not respond within 30 days to a hot3cafrom Lender that the insurance carrier has offered to settle a claim, then Lender may-negotiate rind settla the claim. The 30- day period will .begin wh'an the notice is given. Ineither event, or A Lender acquires the Properly under .Section 22 or otherwise, Borrower hereby asslgns to Lender (a) Borrower's rights to any'insurance proceeds in art amount not.to, exceed the amounts unpaid under the Note.orthls Security Instrument, and (b} any other of borrower's rights (other than the tight to any refund of unearned premiums paid by Borrower) under all insurance: policies covering the Property, insofar as such rights are appiicabfe to the.coverago of the.Property. Lender may use the insurance procoedseither to repalror restore the Property orto payamounts unpaid under the Note or this Security Instrument, whether or not then due, t & Qceupatrcy. Borrower:shall occupy, establish; and use the Property as Borrower's principal residence within 60 days after the exec xecudon of this Security Instrument and:shall continue to occupy the Property as Borrower's prihelpal residence for at least one year after th a date of occupancy, unless Lender otherwise agrees in writing,.which consent shall not be unreasonably withheld, or unless extenuating.circumstances exist whicli are beyond Borrowers control. 7. preservation, Maintenance and.Protectlon of the property, Inspectlons. Borrower shag not destroy, damage orimpairthe Property, allow the Property to defedoratecrcommitwaste on the Property. I 1NhethorornotBorrower isreskling in the Property, Borrowershall maintain the Property in ordertoprevent - the Property from clateriorating.or decreasing in value due to its cohdNion. Unless it Is detarminod pursuant toSdogontith6trapairorrestwationisnoteconoM !c*teasible, Borrowershaspromptiyiopair thoProperty j ti damaged to avoid:furiher deterioration or damage. If finauranco or condemnation proceeds are paid in connection With damage to, or the taking of; The Property Borrower shalt be responsible torrepairing or For *we l / of PENNSYLVANIA SinglaFamgy FanntoMea /FroddlaMaoUN1�OFirA1NSTHUMENT FgrmBaopet i C 1999.2004 OaMa 0ommonta Ina Pogo 6 of 14 PAUD OL car i 01 -21-2005 10117 i i i 7 i f i r HEL) I LOAN #r 111111111111111111110747 restating the. Propery.only if Lender has released proceeds for such purposes, Lender may. sburse 1 proceeds for lherepairs and restoration in asingla payment or inaseries of progress payments as the work iscompleted .If the insurance oreondemnalion proceeds are notsuffidenttorepalror restore the Property, f Borrower is not ,ensued of Borrower's obligation for the completion of such repair or restoration, Lander or Its agent may make reasonable entries upon and inspections of the Property, It it has I reasonable cause. Lander may inspect the Interior of the improvements on the Property. Lender shad give Borrower notice at the time of or prior to such an interior Inspection specifying such reasonable cause. 8. Elonower's Loan Application. Borrower shall be in default if. during the Loan application process,. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate Information or statements to Lender '(or failed to provide Lander with malarial information) in connection with the Loan. Material representatlonsinclude, but are notiimited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence, 9, Proloctfon of Lender's,intereat in the Property and. Rights Under tfits.Security instrument. If (a) fails toperform the covenants and agreements contained in this Securiy instrument, (b)' t, there Is a legal proceeding that might significantly affect Lender's interestIn the Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy. probate,'for condemnation or ; forfeiture, for enforcement of a Hen which may attain prthrlty over this Security tnstrumentor to enforce ! lays or regulations) or (c) Botiower has abandoned the Property, then Lender may do and pay for j whaleverls reasonable or apprcprtaia to protect Lenders interest In the Propery and rights under this { Security instrument; including protecting and/orassessing the value of the Property. andsecuring and/ I of repairing, the Property. Lender's actions can Include, but are not limited to: (a) paying any sums secured by anon Which has priority over this Securiq...Instrument, (b) appearing in court; and (c) paying reasonable aitomeys' leas..to protect its Interest in the Property andlor rights under this Security Instrument, including Its secured position in a bankruptcy proceeding. Securing the Propertylncludes, but is not limlleci to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain walerfrom pipes, eliminato birllding 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 duly or obligation to do so. It Is agreed that Lender incurs na liability lor.noi taking any.or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 8 shag become additional debt of Borrower secured by this Security Instrument. These amounts: shall bear interest at.the Note rate from the date I of disbursement and shall be payable, with such interest, upon notice from Lendei to Borrower .requesting° payment: If this Security Instrument is :on.a leasehold, Borower snag comply with all the provisions of the lease. Borrower shag notsurrendar the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not; without the express written consent of Lender, alter or i amend 'the ground lease. If Borrower acquires fee tftfe to the Property, the leasehold and the fee tille I shall not.merge unless Lender As ?ees to the merger in wilting. 10.. Mortgage Insurance. if Lender required Mortgage insurance as a condition of making the Loan, i Borrower shag pay the premiums required to maintain the Mortgage Insurance in effscL if, for any reason, the Mortgage Insurance coverage required byLenderceases to be available from the mortgage Insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiumsfor Mortgage Insurance, Borrower shelf paytho premiums required toobtaln coverage substanUO/ equivalent to the.Mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of tho Mortgage Insurance previously in effect, from an altemate mortgage Insurer i selected byLender. Nsubstantially equivalent Mortgage Insurance coverage Isnotavailable, Borrowershall '. 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" accept, use and retain these payments as a non- � refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable. noWthstanding the fact that the Loan is ultimately paid in iid, and Lender shag not be required tQ pay InfL3als1 ��tiiJ i PENNSYLVANiN- 3rnp[o FamRy -Fa mlo taint radme Mao UNtF.ORM IN57RUtdEM Forn aws 1101 Olw9-2no4OnOne Documents, km Page l - of14 PAUDML cart 0121 -2008 10,17 i i i I i nV i cj n r nr 3rr10 1 r r I !1 f e L • 1 memo 5 LOAS pr ftft0747 Borrower arryuderestareamings on such bss reserve, Cendercaq riolonger requl(eloss reserve payments If Mortgage Insurancecoverage (n the amount anal for the period that Lender requires) provided by an fnsui6r selected .by .!Ender again becomes available, is .obtained, and Lender requires separately designated payments toward the premiums for. Mortgage Insurance.. If.Lander required Mortgage Insurance as a condition of making the Loan and Ocacwerwas required to make separately designated payments toward the premiums.for Mortgage.tnsuranc% Borrower shall pay the premiums required to maintain Mortgage losurance in effect, or to provide a non- refundablo• less reserve, until Lender's requfrementfor Mortgage Insurance ends in atcordancewkh anywritlen agreementbetween Borrowerand Lender providing for such termination or until termination Is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage lnsurancereimbursas Lender (or any entity that purchases ft Note)I for certain losses ltmay incur it Borrower does riot repay the Loan as agreed. Borrower is not a,paity to the Mortgage Insurance, Mortgage Insurers evaluate their totat risk on all such insuranoo In forcefrom time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and: conditions that are satlsfactoryto th'o.mortgaga'insureraridthe otherparty for parties) to these agreements ; - Those agreements. may require the mortgage Insurer to make payments using any source of funds that the mortgage insurer may have available, (Which may Include . funds obtained from Mortgage Insurance premiums). As a result of these agreements. Lender; any purchaser oflhe Note, another insurer, any reinsures, arty other entity, or any affiliate ai any oi the foregoing, may receive (directly or indirectly) amounts that I derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exehangofor sharing or modifying the mortgage insurer's risk, or roducing losses, if such agreement provides that alt affiliate of Lender takes a share'of the insurer's risk in. exchange for a share of the premiums paid to the insurer, the arrangement Is often termed 'captive reinsurance.' Further: (a) Any such agroemente will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,.or any athorterms. ci the Loan. Such agretimente will not increase the amount i Boriawes vv�I owe for Mortgage Insurance, and they will not.onthle Borrower to any roftmd. j (b) Any such agreements will not affect the rights Borrower has - if any - with-respect to the Mortgage Insurance undorthe Homeowners Protection Act of 1998 arany other law. Those rights may include the right to rocelve certain disclosures, to request and obtain cancellation of the Mortgageinsurance, to have the_Mortgage Insurance terminated automatically, and /or to rocehie a refund of any Mortgage insurance promlumsthatwere unearned at the lime of such cancellation or terminotlan. f .11, Assignmont of Miscellenaous Proceeds; Forfolture, Al! Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. I N the Propertyis,damaged, such Miscellaneous Proceeds shall be applied to restoration or repair i o0he Property. Othe restoration orrepok it ecohomioallyfeasible and Lendar's securityis not lessened. During .such repair and restoration - perlod;.Lander shall Have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity inspect such Property to ensure the work has been 1 completed to Lender's satisfactlon ,provrded:thatsuchinspecdon she]] beundertaken promptly. Lender f may pay for the repairs and restoration In a single disbursement or in a series of progress payments j as the work is completed. Unless an agreement is made M writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Mlsibetlaneous Proaeedg. If the restoration or repair is not economically feasible or Land ces.security would be lessened, the Miscollaneous Proceeds strati be applied to tha sums secured i by'this Security lnstruimenf, 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 eventofa total taking, destruction,orloss in value of tho Property, the Miscellaneous Proceeds ur 4 shall be applied to the sums secured by Security Instrument, whether or not then duo, with the excess; H any, paid to Borrower. in the event of a partial taking, destruction, or toss in value orihe Property in which the fair market value of the Property immediately before the partialtaking, destruction, or loss in value is a ual to or Inftfa.lat _t PENN"LVANIA- Singla Fam'fy- Fannio MooMrcddle Moo UNIFORM INSTRUMENT Form 3009 1/01 s 01909.=4 OnGno oecumonm Inc. - Page 6 of 14 PAU7 =0L 041t 01 -21 -2005 2007 I 1 s ,,,... n n r• nr+ � G.7tl 1 1 � i I i l • I i i s i., ticUACTED LOAN If ~0747 greater.ihantho amountaf thesums secured by this. Securayfnstrument immadiately before the partial taking, destniction, or loss in.value,'untess_Borrower and Lender otherwise, agree in wriling; the sums s¢cured'by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by'(b) the fair market value ofthe Property immediately before the partiat taking, destruction, or loss in value, Any balance shall be paid to Borrower, in the event:of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property Immediately before the partial taking, destruction, or loss In value is less than the amount of the-suma secured Ir niiediatelybefore the partial taking, destructfon, or loss In value, unless Borrower and Lander otherwise agree in writing, the Miscellaneous Proceeds shalt be applied to the sums secured by this Security Instrument whether or not the sums are than due. i lithe Propertyis abandoned byBbrrower, or if, afterrotice by Lender to Borrower thatthe Opposing Party (as defined in the nextsentsncej offers to make an award to settle a claim for damages, Borrower j tails torespond to Lenderwithin30 days after the date the noticeis given, Lander is authorizedto 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 than due.. 'Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party againstwhom Borrower has a right of actlon i in regard to Miscellaneous Proceeds. 3 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's: judgrent, could resulOn forfeiure of the Property or other material Impairment of tender's interest in theProperty'or rights under this Security. Instrument. Borrower can cure such a default and, i it acceieratior tics occutrad, reinstate as provided in Section 19. by causing the action or proceeding to.be.dismissed with' a ruling that, in Lender`s judgment, precludes forfeiture of the Property or other _material Impairment of Lender's interest In the Property or rights. under this Security Instrument The proceeds of any award or clafm.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, i 12. Borrower Not Released; Forbearance By tender Not a waiver. Extension of the time for payment or modification of amortization of ih¢.sums secured by this Security Instrument granted by Lender!* Borrower or any Successor in Interest of acriowor 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 Inierast of Borrower ar to refuse to extend time for payment or t otherwise modify'amvrilzaUon of th¢ sumssecwred by this Security Instrument by reason of any demand 1 made by rho original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exorcising any right or remedy including, without limitation, I ender s acceptanea of payments from third persons, entities qr 5riccessors In Interest 4f Borrower or In amounts less than the amount then due, shaft not be a waiver. of or preclude the exercise of any right or remedy, 13. Joint and Several Uability; Co- slgnere; Suecesaors and Asalgna Bound• Borrower cov- enants and agrees that Borrower's obligations and IiabiAty shall be joint and several. However, any Borrowerwhoco•signs this Security Instrument but does not execute the Note (a "cosigner"): (a) is co• signing this Security instrument only to mortgage, grant and convey the co- signer's Interest in the Proporty under the terms of this Security Instrument; (b) Is not.personalty obligated to pay the sums ) secured by this Security Instrument, and (c) agrees- l at Lander and any other Borrower can agree to 1 extend, modify,. forbear or make any accommodations viith 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 instruMtint inwriting, and is approved by Lender, shallobtain allot Borrower's rights and benefits under this Security Instrument. Borrower shall notbe released from Borrower's obligations and liability under this Security Instrument unless i ender agrees to such release in writing. The oovenarits and agteemonis ol.this Security Instrument shall bind (except as provided in i Section 20) and benefit the successors and assigns of Lender. Tni>:31s: PENNSYLVANIA- SbigleFomly- FxratiotdaojFroddlo Mac UNIFORM iN6TquMl :kf form lOa0tlel m 1999 -M on6no-owumonts, Inc Page 9 of 14 PAUDCDn 0411 01-•21 -2005 10:17 i i I t I nu t�ritter�[a i 1 i 't jj 3 i HEDA 1 , S LOAM Is 074T It Lender exorclsos this option, Lender shall give Borrower notice or acceleration. The notice shad provrde a period of not less than 30 days from the date the notice Is given in accordance with Section 1 15withln which Borrower must pay all sums secured by this Security Instrument. It Borrower fails to pay j these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19, Borrower's Right to *Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sate of the Propany pursuant to any power of sale contained i in this Security instrument; (b) such other period as Applicable Law might specify for the termination of Borfaaer's right to. reinstate or (o) entry of a judgment enforcing this Security instrument Those { conditions are that Borrower: (a) pays Lender all sums which then would.be under this Security instrument and the'Noto as if no acceleration had occurred; (b) cures anydelault of any othercovenants or agreements:.(c) pays all expenses incurred in enforcing; this. SecurityfnatrumehL including, but not limited to, reasonable attomeys' fees, property inspection and vatuation fees, and other fees incurred for the purpose of protectrnglender's interestin the Propertyand rights under this Secilrlty instniment acid (d) fakes such action as Lenderrmyre sonably {gqulre to assure that Lender's interest in the Property andxights, under this Security instrument, slid Borrower's obligation to pay th4sums secured by this Security Instrument, shall continue unchanged: Lender. may require that Borrower pap such ; reinsiatementsumsartd expenses In one ormoroof the following forms, as selected by Lender. (a) cash; (b) trioney.order;:(c) certified check, bank check, treasurer's check or cashier's check; provided any i suchchack isdrawn upon-an institutionwhose deposits are insured bya-federal agency, instrumentality or entity; or'(d) Electronlo Funds Transfer. Upon relnstatergeni by Borrower, this Security instrument and obligations secured hereby shall remain fullyeifective as Una accelerationhed occurred. Howevor, this to reinstate shall not apply In the case of acceleration under Section f S. ; 20. Sale of Note; Change of Loan Servicer; Notloa of Grievance. The Note or a partial interest 1 i In the Note (together With this .Security Instrument) can be sold one or more times without prior notice to Bonowor. A sale might result in a change in the entity (knavm as rho °Loans. Servk -,wl that collects P B ri o PaymentsduoundartheNoteandthisSeeuritytnshumentaiid :performsothermortgageloan i servieing obiigafions:Rnderthe Nate, tfii9.Seevrity instrument, and Appliaable also might be onedr mono chtuiges nfihe Laart 3€rvicei unrelated to a saSo of the lJcle,lf there is a change of the L. 'S Barrowerwill bogiven.wrilten notice oithe ehangevrlikh ltiename and address of th8 stag Loam SeME he address towhich paymentsshoutd be made and any other information RESFA requires in S nwith a noticekf and thereafter the ms strtic Service, Me, than the purchaser ol.fhe Note, the nsortgage.loan servicing ON ations. to6orrawerw fllremainwiththeLoan - se eraibotransforredtoa successor Loan Service( { and are nbt•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 er the member of a class) that arises from the other parry's actions pursuant to this Security instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security lislrurnent, until such Borrower or Lender has notified the other party (with such . notice given in compliance with the requirements of Section IS) of such alleged breach and. afforded the other party hereto a reasonable period after the giving of such notice to take corrective a action. it Applicable Law provides a time period which must elapso before . certain action can be taken, that time period will be doomed to be reasonable for purposes of this paragraph. The notice of aeceferation and opportunity. to cure given to Borrower pursuant to Section 22 and the notice of acceferatron given to Borrower pursuant to Section 18 .shall be deemed.to satisfy the notice and opportunity to take correclive.acdon provisions. of Ibis Section 20. i 21. Hazardous Substancea. As used iri ]his Section 21: (a) 'Hazardous Substances" are those substances defined as toxic orhazardous substances, pollutants, orwasteis by Environmental law and the following substances:. gasoline, kerosene,. other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, tnateriats containing asbestos or formaidehydo, and radioactive rilateriafs; (b) ans ' "Environmental IAV mefederal taws and taws of the ju&dIcdon where Initial$: PENlrSY1: YAfnA• �n�leFamRy- FatmloMaolFroddluAlagtrhtFatiMINStAULSEH 'r Fo'rin9M91161 � 9 IM-20U Online Oeeumante; 8io. page 11 of 14 AM1t7E01 oft i 01 -21 -2005 20'x17 4 I i i 1 4 i nU f 4 .7�? t t ' 4 I , 4 _ 1 i DACTE® +. 1 1 LOAN Ili 1 0747 the Property is located that relato to health, safety or environmental protection; (c) "Environmental Clean up" Includes 'any response action,.remedlal action, or removal action, as defined In Environmental i Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup, Borrower shall not cause or permit the presence, use, disposal, storage, or release otany Hazardous Substances; or threaten to release any Hazardous Substances an in the Property. Borrower shall not do, nor show anyone efseto.do, anything affecting the Properly (a) that Is in violation of anyEnviimrimental Law. (b) which creates an Environmental Condiffon,_or (c) which, dua to the presence, use, or release o1 a Hazardous Substance, creates acondtifon thAtadvarsefyaffects the value of the Property. The preceding j two senfenges shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recoghlied to be appropriate to residenthf uses and to j mairdenahce of Oho Properly (inciurBng, but not Ifmifed to,hazardous substances in eonsumerproducts). ! Borrowe ► shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other. action by any govemmantal or regulatory agency or private party involving the Property and a any Hazardouss Substance or Environmental Law of which Borrower has actual knowledge, (b) any t Environmentala:anditiori; including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous.Substance, and (c) any condition caused by-the presence, use or release j of a Hazardous Substance which adversely affects the value of the Property;: II leers, or is notified by any governmental or regulatory authcrlty, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly i take all necessary remedial actions in accordance with Environmental Law. Nothing herein shalt create any obligation on Lender for an Environmental Cleanup. NON- UNIFORM COYENANT3. Sonower and Lender further covenant and agree as follows: i 22, AccelemOon; Remedial, Louder shall g1Ve halloo to Borrow.erpdorto acesterotlon following i Sorrower broach of any covenant or agreement in this Security instrument (but not prior to acceleration. under Soctfon 18 unleas Applicable Law provides othoruriso). Lander shall notify Borrower of, arnongotherthings: (a) the default; (b) the aatlon required to cure the dafauh; (e) when thedofeultmtW becurod; and (d) thatfail urefocure the d6foultasspoeffl edmayresultfn acceleration of the sums securod by thlo Security lrtttrumoM,' foreclosure by f udielal proceeding and auto of tha 1 Property. t ariderahatl further Inform Sorroworaftha rightto reinstate atteracceleration and the right to asaeit in tho forecfosuro procoading the non- existence of a default or any other defense of Borrowerto acceleration andforocrosum. If the default Is notcurodas specified. Lander atits option } may requiroimmo0afe paymenttnfultbf all sums"curod bylhls Security Instrument without further demand and may foreclose this.Seaudly ln36vnientbyy)udicial proceeding, i ohderaholl be entitled to collect all expenses Incurred in pursuing the romedles provided in. this Scatlori 22, including, but not limited ta, attomaye fees and coats of 019.ovidanc4 to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums socured by this Security Instrument, this Security Instrument and tho estate conveyed shah terminate and become veld. After such occurrence, Lender shah discharge and satisfy Oils Security Instrument. Borrower shall pay anyrecordailon costs. fender ! may charge Borrower ad" forreteasinghitsSecurityInstrument, butonlyIfthefeeispaidtoathird I for services rendered'aiid the charging of the tee Is permitted under Apprfcab10 Law. 24. waivers. Borrower,. to tfie extent'permhied by Applicable Law, waives and releases any error i or defects in proceedings to enforce This Security Instrument; and hereby waives the benefit of any ptesent or future laws providing for stay of execution, extensional time, exemption from attachment, levy and sale, and homestead czemptien. 28. Ralnstatomantpariod. Borrower's l lrnatoreinstate provided .On Section l9shah extend to one hour prior to the ocmmoncement ofbidding at ashed(I's sale or othersale putsuantto this security Insirument. f 26 Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lent to Borrower to acquire idle to the Property, this Security tnstrumentshall be a purchase money mortgage. 27. interest Rate After Judgmant. Borrower agrees that the Interest rate p iyable after a judgment is entered an the Note or to an action of mortgage foreclosure shalt be the rate payable from time to time under the Note. 0 1kc> IniEialst PPNNSYLVAMA- Sinelo Fnm %y- Fannfo Mao/Fraddlo Mac UMFORA IN57RUTAENT Fomt 30391101 ®:1002 - u Onto,000cumonts, tar- Page 12 of 14 PAUDEDL ai l r I 01 -21 -2005 10 :17 I I I I 1 i l i i i i 1 ' I k i f mEDACTE® I L0t16 is INW747 BY SIGNIK: BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security instrument and in any Sider executed by Bo and rec ) ord eeedd�� w �l th iL ` CONNIS LOU CURNI1IGHAr9 t I f 3 3 I 3 l I I 1 i i f I I i i PENNSYLVANUI -xngb FamBy— Fannto Una/Freddie Mac UNIFORM INSTRUMENT Form swo 1101 91999.2009 Onfine Dowmants, Ina Pago 13 of 14 PAUDEDL 0411 01 -21 -2005 10,17 I I I I s { i ' I i r i i i REDACTED i I LOAN s. iNW 747 j j , i i i i 1 Certificate of Ros�cq f r �...( , wut i do It6roby certify that the correct address of the vAthin-named Mortgagee Is 2600w. BIG i H EAVER'I!D TROY 91mrGAN 48004 Witness my hand this t day of. Agent of Mortgagee j Commonwealth of PENNSYLVANIA County of s h.S Oh this., the i� day. of ;. :4cS me, the undersigh4d officer, personally appeared CONNIE LOU' CWWINGNAK, known to me (or satisfactorily proven) to be the person uhose.aama(s) is /arc subscribed to the within instrument and aokaawledged that he /sha /that' executed the same for the purposes therein contaiiloil. In witaesa whereof I hereunto out my hand and official seal. My cooritission expires: i - 4� it Al r��rSr' f " Title of of cer NOTOAIAL SEAL x. nl,••f;t � `d a7 -f .xrs. c'+ JOHNNY MATEO, NOTAAYPUBUC 1 4t y �. FEgOUSON'TtNP' CEME COUNTY ... t. d ' - +� C COMMISSION EXP19ES'JUNE2?,201r/ � Initials: j PENNSYIVAAW-Singto Faw y- Faanto Maa'Freddle Mac UNIFORM INSTRUMENT Form u*q tiot Q.1999.20ot Online 0ocnmontk Inc. Page 14 of 14 PAUDEOI. 61:1 01 -21 -2005 lO:17 } 1 i i BK1896 F 36.3 5 j 3 f t z " I - &rjV -1 s j ALT. "AT MRTAx# lot or piece of land situate in Bast Funnaboto Township; duaberlead County, Pennsylvania, bounded and daacrihad as roll'owa,•. to VLt... BSGIlt M at a, point on the eastasa line Of Penn street at the corner of Lots 50 and 52 in the barsinafter mentioned plan; thence "stward3y along said dividing lino Iawaaa Lots 30 and 52 a distimas of thrha hundsad (300).f at to a point at the corner of Lots 49, 50, 51, and 52, on the hereinafter mentioned Ilan; thonee northwardly along the dividing line between Into 50 and 49 on the hereinafter sAOationed Plan a diatanue of seventy and sae - tenth (70.1) feet, more or xWod, to a point at the corner of Leto 41, 49, i 49, and 50 on the hereinafter mentioned Plant thence westwardly along the dividing line botvoen Lots 48 and 50, an the harainaftes mentioned Plan a divtanoe of throe handred (300) feat to a point oe said dividing line on the eastern lisle of HonA Street on the hereinafter mentioned Plan; thoace southwardly along the easto= line on said Henn Street, a distanoe of seventy (70) fast to a point, the place of MGMable. SZXRG Lot Fo. 50 on the Plata of lots known as Meat Enola Acres, Which Plum.is ibcerded is tha orEico of the Raoorder or Due" in and for Cumberiand county, Pennsylvaniu in Plan book 3, Page 22. 2RI►£T 2 AU T9AT CXRTAM WT or piece of land situate is Zest Pennsbora Township, Cumberland Comity, Pennsylvania, bounded and dasoxibed aw 9911 iwb, th wit: I awnMrMo at a Point on the Wootetn line o£ Center street 204.4 goat north of the northwant Cotner of canton 9taaet and a Forty f (40) toot wide 8traet: thence westwardly along tho xtos:tharn line of Lot 51 an the hereinafter mentioned Ilan of lots, three hundred and 6evee- tenths (900.7) feat to a yolat at the corner of Lots 49, 30, ai= �d a�a 5 ._to the harainaxter i00fit3 s d im of Lct�} thoaoe } . i northwardly along the dividing line betwooA Lots 49 said 54 an the { • horoinalter mentioned Plan a distaiica oil .seventy (70) feet to a I point at the dormer of Lots 47, 48, 49 pad SQ'oa the hereinafter � mentioned Plan; thence eestwar4y.algL4 t southern line of Lot 49 a distance of two Hundred ninety - swot& and seventy -five cao- hundredths (:297.75) feet to a point on the weatesb line o£ canter Sprout; thence eoatb'vardly along the western line of cantor street seventy and two - teethe (70.2) Peat to a point, the place of 87l6I'A2i2ii6, P-=HG'Lct go. 49 on the Plan of Lots Mown av hest Bnola acres., i which plan is recorded 3.n the office of the Recorder of Deeds is � And for Cumberland County Panaaylvania, In Ilan Book 3, at Page 22. zNcm and numbered as 215 Cantor Strout, Bnoln, Pennsylvania. 7 SB= 6 TIC' PA=L 14CDt M: 09- 15- 1290-003 f S ' I i (1ertify tliis to he reCOTded in Cuiiib6da'nd County PA Recorder of Deeds I L t S 1- 4 I 4 REDACTED 11 1 LOAN Is Sl&t*0747 ADJUSTABLE RATE RIDER (1 -Year LIBOR triddx - Mate traps) (Assumablo after Inftio! Period) ! THIS ADJUSTABLE RATE RIDER is made this 21sT day of JANUARY, 2005 and isincorporated into and shall be deemed to amend and supplement the Mortgage, I Deed of Trust, or Security Deed the "Security Instrument ") of the same date given by 3 the undersigned.(the "Borrower) to secure e.Borrowel's Adjustable Rate !Vote (the. "Note ") to AIW ARRO MORTGAGE GROUP, INC., A OEIAWARE CORPORATION j I (the "Lender*) of the same date and covering the property described in the Security Instrument and located at: 213 CMMR STREET 1 M10ta, PA 17'1125 TH E NOTE CONTAINS PROYI$IONS ALLOWING. FOR CHANGES IN THE INTEREST RATE.AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNTTHE BORROWER'S INTEREST.RATE CAN CHANGE ATANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. I addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as. follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for, an initial Interest rate of 5.•75o%. The Note. provides for I changes in the interest rate and the monthly. payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES j (A)Change.Datea 'the Interest rate f will pay may change on the isT day of FEBRUARY, 2010 � and mdy change. on that day every' 12th rnonth thereafter. Each date on which my interest rate could change is called a 'Change Date." (B)The Index s, B eginning withthe first Change Date, my interest ratewill be based on an Index. The , in dex Is the one -year London Interbank Offered Rate ('LIBOR') which is the average oflnterbartk offered rates for one -year US. dollar- denominated deposits in the London market, aspublished I n.The Wall Street Journal. The Mostrecent Index frgureavailable as of the date 45 days before each. Change Date is called the "Current index." MULil*STATEAOJUSTABLE RATE RIDER -7 -YEAR LIBOR IndoxtAssuMablo offer InIUni Per" -Sh9lo Fnmgn l Fraddlo Mae UNIFORM INSTRUMENT Form 5131 WO Initials s 02001.2004OnUeeDdmmw.Ic.Ine. Pagel of P5231RDU F313 040.E 01 -21 --2005 10 r 17 i i r i ! I I 8K:1.8:95PG36.37 . I I 1 ' I • 4 ' t i i 3 REDACT EL) LOAR I s IM0747 If the index Is no longer available, the Note Holder will choose a new index which Is 1 based upon comparable information. The Note Holderwill give me notice of this choice. (C)CalculgUort of Changes Before each Change Date, the: Note Holder will calculate my new interest rate by adding rm Axn oas -r. oue7rx. percentage poiht(S) ( z, z5o1 ) to the Current. Index. The Note Holder wilf.then round the resift of this addition to the nearest on'e eighth of one percentage point (0. t 25 %). Subject to the Grnits stated in Section 4(D) below, this rounded amount :rvill be my new Interest rate until the next Change Date. The Note Holderwill then determine'the,amount of the monthly paymentthat would be sufficieritto repaythe unpaid principal that l am expected to owe at the Change date In full on the maturity date at my new Interest rate In substantiaily equal payments, The result of this calculation will be the new amount of my monthly payment. (D)LIMits on interest Rate Changes . The Interestratel am required to pay-at tha.first Change Date wilt not be greater than 10:.750% or less than 2. 2501. . Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than xwa y percentage po ints} ( z. 000a }horn the rate of interest I have been paying for the preceding 1 Z months. My interest rate will never be greater 1o.7sot. (E) Effective Date of Changes My new interest rate Wif become effective on each Change Date. I will pay the - amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again, (F) Notice of Changes The Note Haider witt deliver or mail to me a notice of any changes in my Interest rate and the amount of my monthly payment before the effective date of any change, The notice will include intormation required by law to be given to me and also the title and telephone numberofaperson who will answeranyquestieon I mayhaveregardingthenotice. 13. TRANSFER OFTHE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BOAROWER' SINITIALINTERESTRATE CHANGES UNDERTHETERMS i STATED IN SECTION A. ABOVE UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: Transfer of the Property ot.a Beneficial Interest In Borrower. As used in this Section 10,1nterest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,.those beneficial interests transferred in a bond fordeed, contract fordeed Installmentsalescontractorescrowagreement, the fntent.of which is the transfer of title by. Borrower at a future data to a purchaser. It all or any part of the Property or a 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 MuLT)sTATE ADJUSTABLE RATE RIDER•14EAR UBOq Inds% {Aasu:Mbts rapt Initial Period) - Single Femme - ` Frodd la Moo UNIFORM INSTRUMENT F o rmS1 710!04 Tnitialst W 2WI-200i Onrate Dowicentr, rn- Ptrgo 2 of 4 F817IRLU oaW 01-21 -2005 10 1 I i I i i B�i:l.896 PG.3.63 8 i F 1 , i t REDACTED LOAN . instrument. However, this option shall not be exerci f 747 sed by Lender i 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 Borrowerfails to pay these sums P rior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.. 2. AMR BORROWER'S INITIAL INTEREST RATE CHANGESUNDERTHETERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 18 OF THE SECURITY I INSTRUMENT DESCRIBED IN SECTION 91 ABOVE SHALL THEN CEASE. TO BE INEFF'ECT AANDTHE PROVISIONS OF UNIFORM COVENANT18OFTHESECURITY INSTRUMgNT SHALL BE AMENDED TO READ AS FOLLOWS:. Transfer of the Prop" or a Beneficial leterestin Borrower: As used in thl5 Section IS, 'Interest In the Property' means any legal or beneficial interest in - the Property, Including, but not limited to, those beneficial ihterests transferred in a bond'for deed, contractfor deed' instatmment sales contractor escrow agreement, the intent of which isthe transfer of title by Sorrower ata ftrture date.to a purchaser, if'alt or any part of the Property or any Interest in the Property is sold or transferred (or not a rfaturat 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 ba exercised by Lender it such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender infotmation required by II Lender to evaluate the intended transferee as it a new loan were being made to the transferee;. and (b) Lender reasonably determines that Lender's security will not be, impaired by the loan. assumption and that the risk of a breach of any Covenantor agreement-In this Security. Instrumentis'acceptable to Lender. To.the extent permitted by Applicable Law, Lender may charge a reasonable fee I asaconditionto= eesconsent .to the loanassumption. Lender mayalsorequire i the transfereetosign assumption aggreerrieritthat isacdeptableto Lender and that obligates the transferee to keep all re promises and agreements made in the Note and in this Security Instrument Sorrowerwill continue tobeobllgated under the Note and this Security instrument unless Lender releases Borrower In writing. If Lender exercises the option to require immediate payment in full, 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 I 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 i may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. MULTISTATE ADJUSThIKE RATE RIDER-1-YEAR u©OR Indmt (Assumablo attar Inidal Porlod)- Sinylo Family - Fre"a Mao UNIFORMINSTRUMENTForm513131ab IAitiala: i`J I 0 gwl-ftw Onrno Docarn ftt% Iae Page 3 a14 FSt R 04w ; 01 -21 -2005 10:17 i i 1 i i i I :. .9K::i.:$.96PG3.6 :.,:....:... _. 1 I 1 i 4 REDACTED LOAN 4r, OM0747 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider, d CONNYE LOU CUNNIHGHAM 1 I i I I MULTf3TATE ADJUSTABLE RATE RIDER-1-YEAR LIBOR Indaa (Aosumibla airar Inlllat Poalod) -Smp10 FamVy- Froddla Mae UNIFORM 1NSTRUkAENr Form 61313104 j 020M120040'ntne Dawmer.Y. Inc Page4of4 FSwRLU c4m 01 -21 -2005 10117 t i i l i i I i 3 I I I BK ! 896PG3640 9 L19�HX3 y ` LOAN Ifs 401t0747 j } INITIAL INTEREST SM ADJUSTABLE RATE NOTE (1 Year LIBOR Index - Rate Cape) (Assumable after Initial Period) } i THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY ; MONTHLY PAYMENT. THIS NOTE LIMITS THEAMOUNT MY iNTEREST RATECAN CHANGEATANYONE j TIME AND THE MAXIMUM RATE I MUST PAY. j JANUARY 21, 2005 STATE COLLEGE PENN3YLVAHIA° [Date] lcity) Istate] II 215 CENTER STREET, ENOLR, PA 17025 ' ]Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $10S,600.00 (this amount Is called "Principal "), plus interest, to the order of the Lender. The Lender is A8S AMRO xoRTrA CW GROUP, INC. , A DELAWAR8 CORPORATION. I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lander may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay Interest at a yearly rate of 5.7504. The Interest rate I will pay Oil change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will make a payment every month on the 1ST day of the month beginning on .MARCH 1, 2005. 1 will make these payments every month until 1 have paid all of the principal and interest and any other charges i described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and If the payment consists of both principal and interest, it will be applied to interest before Principal. It on FEBRUARY 1, 2035, 1 still owe amounts under this Note, I will pay those amounts In full on that date, which Is called the "Maturity Date." I will make my monthly payments at i 4242 N. HARLEM AVE. k NORRIDGE, IL 60706 ATTN: CASHIERING or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Before the first fully amarlIzing principal and Interest payment due date stated in subsection (C) below (the "First i P &I Payment Due Date', my monthly payments will be only for the Interest due on the unpaid principal of this Note. Each of my initial monthly payments will be in the amount of U.S. $506.00. This amount may change In accordance with subsection (C) below. (C) Monthly Payment Changes Changes In my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that } I must pay. The First P &1 Payment Due Date Is MARCH 1, 2010, which is the first monthly payment due date after the first Interest Change Date stated in Section 4(A) of this Note. Prior to the First P &I Payment Due Date, my monthly payment may change to reflect changes In the unpaid principal of my loan in accordance with Section 5 of this Note. Before the effective date of any change in my monthly payment, f the Note Holder will deliver or mall to me a notice of the change in accordance with Section 8 of this Note. The notice will include the title and telephone number of a person who will answer any question i may have regarding the notice. i Beginning with the First P&1 Payment Due Date, my monthly payment will change to an amount sufficient to repay the principal and Interest at the rate described in Section 4 of this Note in substantially equal installments by the Maturity Date. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in i accordance with Sections 4 and 5 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates i The Interest rate I will pay may change on the IST day of nwitu IRY, 2010 and may change on i that day every 12th month thereafter. Each date on which my interest rate could change is called an "Interest Change Data." MULTISTATE INITIAL INTEREST ADJUSTABLE RATE NOTE-1-Year LIBOR Inda7r (Asrumabra alter Irdtlai Pw1od) --%n9k FanAy- Freddle Mac UNIFORM INSTRUMENT Form =7 8104 Initials i G 20M Onrme Documem% tm Pagel o14 F5 01 -21 -2005 10 :17 MWACTED LOAM It JIM0747 I (8) The Index Beginning with the first Interest Change Date, my interest rate will be based an an index. The "Index" is the one - year London Interbank Offered Rate ( "LIBOR ") which is the average of interbank offered rates for one-year U.S. dollar - denominated deposits in the London market, as published in The Wall Street Journal. The most recent Index figure avalable as of the data 46 days before each Interest Change Date is caged the "Current Index". If,the Index Is no longer available, the Note Holder will choose a new index which is based upon comparable m i inforation. The Note Holder will give me notice of this choice. I (C) Calculation of Changes Before each interest Change Date, the Note Holder will calculate my new interest rate by adding TWO AND ONE- FOURTH percentage point(S) ( 2.2508 ) 61he Currant index, The Note t. Holler will then round the result of this addition to the nearest one - eighth clans percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new Interest rate until the next Interest Change !rate. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Interest Change Date In full on the Maturity Date at my new interest rate In } substantially equal payments. The result of this calculation will be the new amount of my monthly payment, (D) Limits on Interest Rate Changes i The interest rate I am required to pay at the first Interest Change Date will not be greater than 10.7508 or less than 2.2508. Thereafter, my interest rate will never be increased or decreased on any single interest Change j Date by more than Two percentage point(&) ( 2.0008 ) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 10.7508. (E) Effective Date of Changes My new Interest rate will became effective on each Interest Change Date. i will pay the amount of my new monthly payment beginning on the first monthly payment date after the Interest Change Bate until the amount of my monthly payment changes again. (F) Notice of Changes The Nate Holder will deliver or mail tomes notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. I 5. 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 Imake a Prepayment, I will tellthe Note Holder inwriting that I am doing so. I may not designate a payment as a Prepayment It I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepaymants.without paying a Prepayment charge. The Note Holder will j use my Prepayments to reduce the amountof Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid Interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If t make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees In writing to the changes. If I make a partial Prepayment during the period ending with the due dateof my fastinterest only monthly payment, thepartial Prepaymentwiil reduce the amount of my monthly payment. ff I make a partial prepayment after the first Interest Change Date, my partial Prepayment may reduce the amount of my monthly payments beginning with the next Interest Change Date following the partial Prepayment; however, any reduction due to my partial Prepayment may be offset by an interest rate increase. 8, LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, Is finally interpreted so thatthe interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any ? such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holdermay choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. It a refund i reduces Principal, the reduction will be treated as a partial Prepayment i 7. BORROWER'S FAILURE TO PAY AS REQUIRED i (A) Late Charges for Overdue Payments H the Note Holder has not received the fug amount of any monthly payment by the end aI is calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge wig be 5.0008 cf myoverdue payment of interest during the perlodwhen my payment is interestoniy, and of principal and interest after i that I will pay this late charge promptly but only once on each late payment, { (a) Default tf 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 i If t am in default, the Note Holder may send me a written notice telling me that N J 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 data on which the notice Is malted 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 immedlately in full as described above, the Note Holder will still have the right to do soil 1 am in default at a later time. MULTISTATE INITIAL INTEREST ADJUSTABLE RATE NOTE•! -Year LIBOR Index (Atawnable alter Initial Period)- Single Family - FmOle Mao UNIFORM INSTRUMENT Form 6537 e/o4 Initials t ® 2004 online Documents, Inc. Page 2 of 4 F693 7NVT 0407 01 -21 -2005 10e17 i 7 3 I i r ♦ . i 4 a LOAN #: I� 1 T4T (E) Payment of Note Holder's Costs and Expanses I lithe Note Holder has required me to pay Immediately in full as described above, the Note Holder will have the right j 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. i 8 GIVING OF NOTICES Unless applicable taw requires a deferent 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 Nate Holder a notice of my different address. Any notice that m ust be given to the Note Holder under this Note wig 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. i 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE s 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 thefuil amountowed. Any person who is a guarantor, surety or endorser j 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 Nate. 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. 10. WAIVERS I and any other person who has obligations under this Notewaive 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. 11. 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, aMortgage, 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 , me ke 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: (A) UNTIL MY INITIAL INTEREST RATE CHANTIES UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT 13 DESCRIBED AS FOLLOWS: Transfer of the Property or s Beneficial Interest In Borrower. As used in this Section 18, "interest In the ProparY means any legal orbenellcial interestin the Property, including, but not limited to, those l beneficial Interests transfarred In a .bond for deed, contract for deed, installment sales contract or escrow agreement, the Intentofwhich is the transfer of title by Borrowerat a future date to a purchaser. 1 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 i Applicable Law. if Lender exercises this option, !.ender 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 an Borrower. (B) AFTER MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN SECTION 4 ABOVE, � UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL I INSTEAD BE DESCRIBED AS FOLLOWS: Transforofihe Property or a Beneficial Interestin 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 i beneficial interests transferred in a band for deed, contract for deed, installment sales contract or escrow agreement, the Intent of which is the transfer of title by Borrower at a future date to a purchaser, i If all or any part of the Property or any Interest in the Property is sold or transferred (or N Borrower Is not a natural person and a beneficial interestin 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. Lender also shall not exercise this option it; (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made tothe transferee; and (b) Lenderreasonably determines that lender's securttywill not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lander. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consentto the loan assumption. Lendermay also require the transferee to sign an assumption j agreement that is acceptable to Lander and that obligates the transferee to keep all the promises and i l MULTISTATE INITIAL INTEREST ADJUSTABLE RATE NOTE -1 -You UBOR Index (Assumable otter faldal Parlod)- Single Family -. Freddie We IJMFORM INSTRUMENT Form5W7s1m in3tfalas . 0 2004 OnOna Docunwmft Ire. Page 3 of 4 F � 7NOT 0407 01- 10s17 i i i ' WAN #a 411747 agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated 1 under the Note and this Security Instrument unless Lender releases Borrower in writing, If Lender exercises the option to require Immediate payment In full, Lander shall give Borrower notice of acceleration. The notice shall provide a period of not less than 90 days from the date the notice Is glVdri in accordancewith Section 15 withinwhich Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lander may Invoke ; any remedies permitted by this Security Instrument without further notice or demand on Borrower. r { WITNESS THE HAND(S) AND SEALS) OF THE UNDERSIGNED. ? i i I oONSIN LOU CUNNINGHAM i I r i I i i i i i i PAY TO'THE ORDER OF WITHOUT RECOURSE, i qgN RO MO ITGAGE GROUP. INC. PRT`J ogES NT i I (Sign Oi lginal Only) t MULTISTATE INITIAL INTEREST AGIUSTASLE RATE NOTE -1-Year LIBOR Index (Assumable after Initial Porlod)-Singla FamUy- I Freddie Mac UNIFORM INSTRUMENT Form 663751" i O 2004 Onrum Documents, Ina Page 4 of 4 198637NOT 0407 01 -21 -2004 1Or17 i - i : i r 1 1 i 1 1 I s s �I EXHIBIT C CitiMartgage, fnc PRESORT PO Box 9090 First -Class Mail Temecula, CA 92889.9090 U.S. Postage and Fees Paid WS0 7196 9006 9296 8234 2715 Sand Payments to, clumortgage, Inc PO Batt 889196 Des Mdnes, iA 50368 -9196 i I 20130715.168 S Ill Pul�tt�hlt�l tNi �l t��tlilt .t'I��Idllt�ut�lnit4u��tit I CONNIE L CUNNINGHAM J 215 CENTER ST CBtMa i Send tgaga, Inc ondence to ENOLA, PA 17025 -2606 tgage, 6400 Las Colinas Blvd. I Irving, T% 75063 i I j j I t II ' I f _ f I r I i s CITIPAACT91 0 I y j �. i t i i Date: 07/15/2013 Sent Via. Certified Mail 7196 9006 9296 8234 2715 CONNIE L CUNNINGHAM 215 CENTER ST i ENOLA, PA 17025 -2606 RE: Property Address: 215 CENTER ST 4 ENOLA, PA 17025 REDACTED CitiMortgage Loan #: X0747 I i t t i , ACT 91 NOTICE F 1 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. I The HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help save your home. This Notice explains how the program works I I To see if HEAL P can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF TATS NOTICE. Take _ this Notice with you when you meet with the Counseling Agency. i The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342 - 2397. (Persons with ; impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, CITIPAACT91 Page 2 of 8 7196 9006 9296 8234 2715 * Y 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 Al{ECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCEA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRPSTAMO 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): CONNIE L CUNNINGHAM CONNIE LOU CUNNINGHAM PROPERTY ADDRESS: 215 CENTER ST REDACTED ENOLA, PA 17025 LOAN ACCT. NO.: 4MM747 ORIGINAL LENDER: ABN AMRO MORTGAGE GROUP, INC. j f r CURRENT LENDWSERVICER CitiMortgage, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCM ASSISTANCE WHICH CAN SA yE 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 0 °ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: i • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, i • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND i • 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 i 1 foreclosure on your mortgage for thirty (3 0) days from the date of this Notice (plus three (3) days for mailing). j During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit i counseling agencies listed at the end of this Notice, TATS MEETING MUST OCCUR HTTB77V I THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE? IF YOU DO NOT APPLY FOR j 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 Page 3 of 8 7196 9006 9296 8234 2715 i jj I (30) days after the date of this meeting. The names, addresses, and telephone mrmbers of designated consumer credit counseling agencies for the county in which the property is located are set forth afthe end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of j 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 far 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. i Only consumer credit counseling agencies have applications for the program, and they will assist you in I 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 CIS SOON AS P0SS1WLE IF YOU HAYS 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 ABOYE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " j 1 YOU RAPE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A I LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUW ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE FILL HE STOPPED. i AGENCY ACT7ON -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 I 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. i i i t I i 1 i I i CITIPAACT91 7196 9006 9296 8234 2715 Page of 8 i I I i i NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE 1 FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED ASANATTEMPT TO COLLECT THE DEBT. t (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) j i• HOW TO CURB YOUR MORTGAGEDEFAULT (Bring it itp to date). NATURE OF THEDEFAULT- The MORTGAGE debt held by the above lender on your property located at: j 215 CENTER ST t ENOLA, PA 17025 i IS SERIOUSLYM DEFAULT because: i YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following monihs and the following amounts are now past due: � 05/01/13 through 07101/13 3 @ $724.991month 2 @ $24.89/late charge/month $22244.45 Previous Late Charge(s): $165.62 Delinquency Expense(s): $54.00 I UnappliedFunds: $(, 400•0A1 TOTAL AMOUNT PAST DUE: $2,044.07 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (3 0) DAYS of the date of this notice BY 1 PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,044.07. PLUS ANYMORTGAGE PAYAMJMAND 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: j CittMortgage, Inc. P.O. Box 12218 Tucson, AZ 85732 -2218 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (3 0) DAYS of the date of 1 this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire j 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. i IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will he sold by the Sheriff to pay off the mortgage debt.. If the lender refers your care 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 i incurred, up to $50.00. However, tf 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 I ' I THIR77 (30) DAY period, you will not be required to pay attorney's fees I OTHER LENDER REMEDLBS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then I i CITIPAACT91 7196 9006 9296 8234 2715 Page 5 of 8 J ; J 1 r i past due, plus any Tate or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale, and any other costs connected with the Sherlff s Sale as specified in writing by the Tender and by performing any i 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. ROW TO CONTACT THE LENDER: Name of Lender. CitiMortgage, Inc. j Address: P.O, Box 12218 Tucson, AZ 85732 -2218 I i 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 s Contact Person. MarkAnthony Hartland 1 E -Mail Address. markanthony.b.hartland @eiti.eom 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. i 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 casts are paid prior to or at the sale and that other requirements of the mortgage are satisfied YOU MAY ALSO HAVE THE RIGHT. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO 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 CARE 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. CITIPAACT91 7196 9006 9296 8234 2715 Page 6 of 8 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 (34) days after the receipt of this notice. If you dispute the validity of this debt, or any portion thereof within this thirty (3D) days period we will provide you with written verification thercof, otherwise the debt will be assumed to be valid. Sincerely, CitiMortgage, Inc. P.O. Box 12218 Tucson, AZ 85732 -2218 i i i i i I i I CITIPAACT91 Page 7 of 7196 91306 4296 8234 2715 HMEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report 12st updaud; 061041201310;57 AM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestovm Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 - 232 -9757 Housing Alllance of York1Y Housing Resources Maranatba 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -85S -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 -IS18 717 -780 -3940 800 -342 -2397 i 4 i i i i HC Page8of8 7196 1006 9296 8234 2715 VERIFICATION Monica Colter hereby states that he /she is employed as Vice President — Document Control of CitiMortgage, Inc., the Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Signatu : ,� Printed Name: Monica Colter Title: ice President - Document Control Date: r" e � CitiMortgage, Inc. FILE #: 13 -1447 NAME: CUNNINGHAM, CONNIE LOU A/K/A CUNNINGHAM, CONNIELOU t 1 SOWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Jill Manuel- Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire Id. No. 307968 ' Daniel C. Fanaselle, Esquire Id. No. 312292. E m f t. Richard J. Nalbandian III Esquire - Id. -No. 312653- .. Matthew J. McDonnell, Esquire Id. No. 313549 1310 Industrial Boulevard, Suite 202 Southampton, PA 18966 (215) 942 -2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC., SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CUMBERLAND COUNTY PLAINTIFF NO. � VS. COMPLAINT IN MORTGAGE FORECLOSURE CONNIE LOU CUNNINGHAM AWA CONNIELOU CUNNINGHAM 215 CENTER STREET ENOLA, PA 17025 DEFENDANT NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. i * If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the - - foreclosure complaint. If you do so and a conciliation conference is scheduled you will -have an opportunity to meet - -- with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. Date Respect lly submitted, El/Gregory Javardian, Esquire Id. No. 55669 ill Manuel - Coughlin, Esquire Id. No. 63252 ❑ Jolanta Pekalska, Esquire Id. No. 307968 ❑ Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Richard J. Nalbandian,111, Esquire Id. No. 312653 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff ' Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile #1: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ t MONTHLY INCOME Name of Employers 1. 2. Additional Income Description (not wages): 1. monthly amount $ 2. monthly amount $ Borrower Pay Days: Co- Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto f iel/repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day /Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ❑ No ❑ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No ❑ t Vyes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: Phone AUTHORIZATION I/We authorize the above named to use /refer. this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date r S a Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: ....... _.- ...,___ Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard 2 ° Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -2090 (fax) 215- 942 -8661 Attention: Panjola Alikaj Paniola.alikai@pki11c.com (tel) 215- 942 -2090 SHERIFF'S OFFICE OF CUMBERLAND COUNTY . Ronny R Anderson _ Sheriff 4ktr, Jody S Smith , r— Chief Deputy -; - Richard W Stewart Solicitor P- , , T ti,a - Citimortgage Inc s/b/m ABN Amro Mortgage Group Inc. Case Number vs. 2013-7044 Connie Lou Cunningham SHERIFF'S RETURN OF SERVICE 12/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Connie Lou Cunningham, 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 215 Center Street, East Pennsboro Township, Enola, PA 17025. Residence is vacant and per the Enola Postmaster mail is delivered to address given. SHERIFF COST: $49.95 SO ANSWERS, December 19, 2013 RON R ANDERSON, SHERIFF #13-1447 POWERS, KIRN & JAVARDIAN, LLC rt6r 3 By: Daniel C. Fanaselle c j' FEB Attorney Id#312292 pp 1: 1310 Industrial Boulevard, 2nd Floor, Suite 202 r✓'1=,.9t3 R PE-Ii S"'NL'Aoa Y Southampton, PA 18966 t L� Telephone: 215-942-2090 Attorneys for Plaintiff CITIMORTGAGE, INC. , SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC. CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. Connie Lou Cunningham a/k/a Connielou Cunningham Defendant(s) No. 13-7044 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty(30) days. Daniel C. Fanaselle Attorney Id#312292 • POWERS, KIRN & JAVARDIAN, LLC Attorneys for Plaintiff Dated: January 31, 2014 A ata* Ls44' g...1* ttt1 ? POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE ID. NO. 55669 JILL MANUEL-COUGHLIN, ESQUIRE ID. NO. 63252 JOLANTA PEKALSKA, ESQUIRE ID. NO. 307968 DANIEL C. FANASELLE, ESQUIRE ID. NO. 312292 MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549 1310 INDUSTRIAL BOULEVARD, 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 TELEPHONE: 215-942-2090 I t1_ Ti ',ONO 2014 A? R (7 Am to: 38 CUMBERLAND COUNTY PENNS YLVANIA ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC. PLAINTIFF VS. CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 13-7044 CIVIL MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, by its attorneys, Powers Kirn & Javardian, LLC and moves this Honorable Court to Permit Plaintiff to obtain Alternative Service and seek an Order permitting service to be effectuated upon the Defendant, Connie Lou Cunningham a/k/a Connielou Cunningham, by posting a copy of the Complaint and all subsequent pleadings upon the property located at 215 Center Street, Enola, PA 17025, and by regular and certified mail pursuant to Pennsylvania Rule of Civil Procedure 430 and avers support thereof: Plaintiff filed a Civil Action Complaint against Defendants on November 27, 2013. 2. The Defendant is the owner and mortgagor of the property 215 Center Street, Enola, PA 17025. 3 Plaintiff, CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC., is the Mortgagee on said property. 4. Plaintiff has attempted to effectuate service of the Civil Action Complaint pursuant to Pennsylvania Rule of Civil Procedure 402(a) upon the Defendant, Connie Lou Cunningham a/kla Connielou Cunningham at the property known as 215 Center Street, Enola, PA 17025 and 1349 Winchell Street, Saint Paul, MN 55106, which was returned no service was made . A true and correct copy of the Plaintiff's service return is attached hereto and made apart hereto as Exhibit "A ". 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant including the following: A. A process server contacted Directory Assistance and examined local interne telephone directories, which indicated there is no listing for the Defendant at the mortgaged premises. B. Postmaster returns indicate the defendant's mail is delivered to the property address. C. Investigative database sources report the most current address of the subject is 215 Center Street, Enola, PA 17025. D. The Pennsylvania Department of Transportation - Division of Motor Vehicles reports driver's license is issued to Connie Lou Cunningham of 215 Center Street in Enola, PA and the subjects license is current and not due to expire until July 24, 2015. E. All addresses given have been attempted for service of the Complaint in Mortgage Foreclosure on Defendant. A true and correct copy of the Affidavit of Good Faith to Locate Defendant is attached here to and made apart hereto as Exhibit "B ". 6. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to Defendant(s)' last known address. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, Connie L. Cunningham, by posting a copy of the Civil Action Complaint and all subsequent pleadings on the property known as 215 Center Street, Enola, PA 17025, and by regular and certified mail, return receipt requested. POWERS, KIRN & JAVARDIAN, LLC ❑ Gregory Javardian, Esquire Id. No. 55669 ❑ Jill Manuel - Coughlin, Esquire Id. No. 63252 ❑ Jolanta Pekalska, Esquire Id. No. 307968 0- Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff EXHIBIT "A" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY of OA'. t r :'4 •5 OFFICE OF THE SHERIFF Citimortgage Inc s/b /m ABN Amro Mortgage Group Inc. Case Number vs. Connie Lou Cunningham 2013 -7044 SHERIFF'S RETURN OF SERVICE 12/19/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Connie Lou Cunningham, 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 215 Center Street, East Pennsboro Township, Enola, PA 17025. Residence is vacant and per the Enola Postmaster mail is delivered to address given. SHERIFF COST: $49.95 SO ANSWERS, December 19, 2013 (c) CountySuite ShentI. Teleosof Inc. RONRR ANDERSON, SHERIFF B &R Services for Professionals Inc. 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546 -7400 FAX: (215) 985 -0169 CitiMortgage, Inc ., et al -vs- Connie Lou Cunningham a /k/a Connielou Cunningham NA ,p qu National Association of Professional Process Servers Philadelphia Association of Professional Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 13 -7044 CIVIL AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B &R Control # CS110485 - 1 COUNTY OF PHILADELPHIA: Reference Number 13 -1447 SERVICE INFORMATION On 14 day of February, 2014 we received the Mortgage Foreclosure Complaint/See Below * ** for service upon Connie Lou Cunningham a /k/a Connielou Cunningham at 1349 Winchell Street Saint Paul, MN 55106 * ** Special Instructions*** NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM nServed Date In the manner described below. Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and /or relationship. Manager /Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other Time Accepted By: Description of Person Age Other Height Weight Race Sex NNot Served Date Off/ (07/ (Time o 3 . - -fl y✓1 Not Served Information / Moved X Unknown No Answer II Vacant Other IX( r'Y--g The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correct to the best of their knowledge, information and belief. Process Server /S6eTi Carrielynn M. Veitch NOTARY PUBLIC - MINNESOTA . MY COMMISSION EXPIRES JAN. 31 2015 "AAA" Sworn to and subscribed before me this day of FLe'brA-C- Notary Public Law Firm Phone (215)942 -2090 For Heather Shaw Powers, Kim & Javardian, LLC 1310 Industrial Boulevard 2nd floor Southampton, PA 18966 For Plaintiff ServeBy Date 3/14/2014 Filed Date 2/4/2014 ORIGINAL Civil EXHIBIT "B" Confidential Investigative Services, Inc. Plaintiff: CitiMorigage, Inc., s /b /n AWN AMR0 Mortgage Croup, Inc. Count-r.: Cumberland Vs. Term #: 2013 -7044 Defendant: Connie Lou Cunningham A /K /A Connielou Cunningham Locate: Connie Lou Cunningham A /K /A Connielou Cunningham Address Given: 215 Center Street, Enola, PA. Powers, Kirn, & Javardh n, LLC 1310 Industrial Boulevard Southampton, PA 19107 File #: 13 -1447 AMENDED AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 1) 215 Center St, Enola, PA 17025 2) 1349 Winchell St, Saint Paul, MN 55106 SEARCH OF THE INVESTIGATIVE DATABASE SOURCES Investigative database sources report that the most current address of the subject is 215 Center St, Enola, PA 17025. INQUIRY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation - Division of Motor Vehicles reports driver's license number 15384529 is issued to Connie Lou Cunningham of 215 Center St. in Enola, PA. The subjects license is current and not due to expire until July 24. 2015. SEARCH OF RAMSEY COUNTY MINNESOTA PROPERTY RECORDS Search of Ramsey County Minnesota property records uncovered no recording indicating Connie Lou Cunningham owns 1349 Winchell St. in Saint Paul, MN. INQUIRY OF U.S. POST OFFICE (FOIA) 1) The Enola Post Office reports mail is good as addressed_ SEARCH OF LOCAL TELEPHONE DIRECTORIES 8, PHONE COMPANY OPERATOR CONTACT The telephone company operator reports that a non - published listing is issued to Connie L. Cunningham at 215 Center St. in Enola, PA. The telephone company operator reports no listings issued to the subject in Saint Paul, MN 55106. CONTACTS 1) No neighbors with published listings could be reached to confirm the subject's residency at 215 Center St. in Enola, PA. 2) No neighbors with published listings could be reached to confirm the subject's residency at 1349 Winchell St. in Saint Paul, MN. I ItI'IFY UNDER PE•NAr :r( O PERJURY, THAT THE TORJIOO[N( [S I Rt b. AND CORRECT. TO 'i l I . 131IS I' OF MY KNOWLEDGE, I LNDE•RSTAN n l'[IA•• PALSE STATEMENTS 11ER1AN ARE MADE SL:BJEC TO TNT. Pr:N Ai. 1tttS RELATING TO L�SWORN I, 101c TOADTHORJTIES. 235 South 13th Street Philadelphia, PA 19107 (215) 546 -7400 (809)59_ -7400 Fax (215) 955 -0169 AFFIANT: DIANE LUWW ".kN. CLt SU:SCRIBr.r) T3F:FORF.. ME "l'HIS8 n O tip_ AC_: , "t •1 N( RJO T ARiAL SEAL CA ROBERTSON, Notary Public u ;ry o` Philadephil1. Phila. County �lrmb sn .i r poorTn�ar 10, 014 CIS, Inc. 235 South 13th Street, Philadelphia, PA 19107 Date: January 30, 2014 Station Manager Please provide apartment number or Eno la, PA 17025 physical address information for post office box, City. State, ZIP Code if applicable Request for Change of Address or Boxholder Information Needed for Services of Legal Process rl.eLISE FURNISII TILE NEW ADDRESS OK tit I.: NAM E AND THE STREET ADDRESS (IF A BeralOimE Name: Connie Lou Cunningham Address: 215 Center St. NOTE: Thc name and last known address are required fbr change of address infonnation, The name, if known, and post office box address are required for boxliolder information. (R rae FULLOWLNC: The following information is provided in accordance with 39 Mt 26.5.1q(1)(6)(n). There is no fee far providing boxitolder intannatitm. The tee for providing change of address infomintion is waived in accordance with 39 CFR 205.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44n and b. I. Capacity of i.equn ter is a process server. 2. Statute UT regulation that empowers me to serve process is: Pennsylvania Rules of Civil Procedure 400.1. 3. The mimes of all known parties to the litigation: CitiMeriesee, Inc. vs. Connie Lou Cuuninaham 4. The Court- in which the case has been or will he heard: Cumberland County Court of Common Pleas 5. The docket or other identitOng number Tone has been issued: Not Provided 6. The capacity in which this individual is to be served is a defendant, WARNING THE StliM I SSION (Jr r.WORMATION TO OBTAIN ANT) OS l tI IAN 0 INFORMATION OR BOX i 101..O.12.11. INFORMATION FOR ANY PLRYOSE OIHER THAN Ti- SERVICE 01, I •14Al. IntOCE55 CONFECnoN WITH ACT: •:AT. Q, !,..KOSAC FIVE LifiCiA PIN C01.31) ul•I.LI It CR111121AL PEN, 'AMES JNCLIJIMIC ; A MN F OF T.7 410.00r; OR Oa £5CJNr$ O fi -0 •vorn PAYMLYI OF TIE -'EE 14)I t ADDR.E.5s INFORMATION OF NOT MORE 'I :AN 3 YLARS. OR BOTH ;TITLE I a J. S.C. S; VI ION 1,AP. 'CERTIFY THAT THE ABOvR N FOR MATION LS TRUE AND THAT TI II, A DIM :Sz7I. • kl,TARMATION IS NEEDED ANI) WILL oS SDI Pi 1; FOR SERVICE OF LE0A3. PitOCI., IN CONN ICTIOX wITH ACTUAL (MI PROSR1g.:TIVE LITIGATION. Signaru Diane Cowan Printed Name . • Mail is good as addressed. . Not.knovnt at address given. 235 South 13th Street Address Philadelphia, PA 1910 • City, State. ZIP Code FOR POST OFFICE LSE ONLY NEW ADDRESS OR BOXI1OLDKR'S POSTMARK Moved, left no forwarding address. NAM r AN ' etDDREss No such address. POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE ID. NO. 55669 JILL MANUEL - COUGHLIN, ESQUIRE ID. NO. 63252 JOLANTA PEKALSKA, ESQUIRE ID. NO. 307968 DANIEL C. FANASELLE, ESQUIRE ID. NO.312292 MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549 1310 INDUSTRIAL BOULEVARD, 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 TELEPHONE: 215- 942 -2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC. PLAINTIFF VS. CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINHAM DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 13 -7044 CIVIL CERTIFICATE OF SERVICE The undersigned, counsel for the Plaintiff, hereby certify that a copy of the Motion for Alternative Service was served on the following persons by first class mail, postage prepaid, on the date indicated below. DATE: 6 ( 4 6 0 Connie Lou Cunningham A/K/A Connielou Cunningham 215 Center Street Enola, PA 17025 BY: ❑ Gregory Javardian, Esquire Id. No. 55669 ❑ Jill Manuel- Coughlin, Esquire Id. No. 63252 ❑ Jolanta Pekalska, Esquire Id. No. 307968 Daniel C. Fanaselle, Esquire Id. No. 312292 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Connie Lou Cunningham A/K/A Connielou Cunningham 1349 Winchell Street Saint Paul, MN 55106 POWERS, KIRN & JAVARDIAN, LLC • GREGORY JAVARDIAN, ESQUIRE ID. NO. 55669 JILL MANUEL-COUGHLIN, ESQUIRE ID. NO. 63252 JOLANTA PEKALSKA, ESQUIRE ID. NO. 307968 DANIEL C. FANASELLE, ESQUIRE ID. NO. 312292 MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549 1310 INDUSTRIAL BOULEVARD, 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 TELEPHONE: 215-942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMR() MORTGAGE GROUP, INC. PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. CONNIE LOU . CUNNINGHAM A/KJA • CONNIELOU CUNNINGHAM NO. 13-7044 CIVIL DEFENDANT MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 Plaintiff, by its attorneys, Powers Kim & Javardian, LLC moves this Honorable Court to Permit Plaintiff to obtain Alternative Service and seek an Order permitting service to be effectuated upon the Defendant, Connie Lou Cunningham a/k/a Connielou Cunningham, by posting a copy of the Complaint and all subsequent pleadings upon the property located at 215 Center Street, Enola, PA 17025, and by regular and certified mail pursuant to Pennsylvania Rule of Civil Procedure 430 . Plaintiff filed a Complaint against Defendant on November 27, 2013. Plaintiff attempted to effectuate service of the Complaint pursuant to Pennsylvania Rule of Civil Procedure 402(a) upon the Defendant, Connie Lou Cunningham a/k/a Connielou Cunningham at the property known as 215 Center Street, Enola, PA 17025. The Sheriffs Office has been unable to serve the Complaint on the Defendant. The Return of Service indicates the Defendant was not found. There was no response. Several attempts were made. Pennsylvania Rule of Civil Procedure 430 permits service of process in this action by regular and certified mail to the property address. Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant by posting on the property known as 215 Center Street, Enola, PA 17025. . POWERS, KIRN & JAVARDIAN, LLC BY: o Gregory Javardian, Esquire Id. No. 55669 O Jill Manuel-Coughlin, Esquire Id. No. 63252 O Jolanta Pekalska, Esquire Id. No. 307968 -fi-Daniel C. Fanaselle, Esquire Id. No. 312292 O Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff POWERS, KIRN & JAVARDIAN, LLC GREGORY JAVARDIAN, ESQUIRE ID. NO. 55669 JILL MANUEL-COUGHLIN, ESQUIRE ID. NO. 63252 JOLANTA PEKALSKA, ESQUIRE ID. NO. 307968 DANIEL C. FANASELLE, ESQUIRE ID. NO. 312292 MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549 1310 INDUSTRIAL BOULEVARD, 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 TELEPHONE: 215-942-2090 CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMR() MORTGAGE GROUP, INC. Plaintiff vs. Connie L. Cunningham Defendant COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13-7044 Civil ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Plaintiff, upon Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleadings submitted in connection with this matter, and for good cause shown; IT IS on this ZS' day of , 20 1 , ORDERED that the Motion for Alternative Service of the Complaint in Mortgage Foreclosure and all subsequent pleadings by posting the premises 215 Center Street, Enola, PA 17025, and by regular and certified mail to the Defendant, Connie Lou. Cunningham's, last known address, is hereby GRANTED. BY TILE CURT: y MA! LC-ik /ash #13-1447 POWERS KIRN & ASSOCIATES, LLC BY: HARRY REESE, ESQUIRE ATTORNEY ID # 310501 1310 INDUSTRIAL BOULEVARD, 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 TELEPHONE: 215-942-2090 riLEO-OFFICL UF THE PRO THONG TAR' Mil JUL - I AN ID: 09 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. CONNIE LOU CUNNINGHAM Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 13-7044 Civil PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty (30) days. POWERS, KIRN & ASSOCIATES, LLC Dated: Tar 2014 BY: eese, Esquire Attorney Id # 310501 POWERS KIRN & ASSOCIATES, LLC Attorneys for Plaintiff akkA- c ic# A NO go--7F9a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff vatrraittaett Jody S Smith Chief Deputy , w F._ ' 7 1' Richard W Stewart Solicitor Citimortgage Inc vs. Case Number Connie Lou Cunningham 2013-7044 SHERIFF'S RETURN OF SERVICE 07/03/2014 04:34 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Connie Lou Cunningham, pursuant to Order of Court by"Posting"the premises located at 215 Center Street, East Pennsboro Township, Enola, PA 17025 with a true and correct copy according to law. J E D MARTLE, DEPUTY SHERIFF COST: $50.95 SO ANSWERS, July 07, 2014 RONO R ANDERSON, SHERIFF p#13-1447 POWERS KIRN & ASSOCIATES, LLC By: Daniel Fanaselle, Esquire Attorney Id # 312292 Eight Neshaminy Interplex, Suite 215 Trevose, PA 19053 Telephone: 215-942-2090 Attorneys for Plaintiff CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. Connie L. Cunningham Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 13-7044 Civil AFFIDAVIT OF SERVICE I hereby certify that per the court order dated April 25, 2014 , copies of the reinstated Complaint in Mortgage Foreclosure Urgent Notice and Certification were sent to the Defendants Connie L. Cunningham, by certified and,regular mail, by first class United States Mail, postage paid on August 29, 2014 as evidenced by the attached. This statement is subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ?- a. )-014 BY: Daniel Fanselle, Esquire POWERS, KIRN & ASSOCIATES, LLC. August 29, 2014 Connie L. Cunningham 215 Center Street Enola, PA 17025 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 Phone: (215) 942-2090 Fax: (215) 942-8661 Certified Article Number 9314 8699 0430 0005 8506 59 SENDERS RECORD`: Re: CitiMortgage, Inc., Successor By Merger to ABN AMR() Mortgage Group, Inc. v Connie L. Cunningham No.: 13-7044- Civil Dear Ms. Cunningham: Enclosed please find a copy of the Order granting the Motion for Alternative Service together with a copy of the Complaint in Mortgage Foreclosure with reference to the above mentioned matter. Thank you for your attention to this matter. Very truly yours, 2-11 14`G4rvttiPie-- Co t4 /l Jill Manuel -Coughlin JMC:hs Enclosure NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE A DEBTOR IN AN ACTIVE BANKRUPTCY CASE, THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT A DEBT, BUT RATHER IS FOR INFORMATIONAL PURPOSES ONLY. n ociates, LLC terplex IIi 11 1 1 1 9314 8699 0430 0005 8506 59 RETURN RECEIPT (ELECTRONIC) 1 Connie L. Cunningham 215 Center Street Enola, PA 17025 1, • Plni UOLIES 02 1P $ 007.3`"20 0003194302 MAILED FROM ZIP CODE 1 9053 • ntonnie L. Cunningham 215 Center Street Enola, PA 17025 SENDER: hs REFERENCE: Citi v Cunningham '9314 8699 0430 0005 8506 .59 PS Form 3600 Janua 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery 111111111111111111111111 111 Total Postage & Fees USPS° Receipt for Certified Mail'' No Insurance Coverage Provided Do Not Use for International Mag POSTMARK OR DATE ilin isociates, LLC interplex 3 ""III"IIIIIIIIIII"11"I"I""IL"iili11I1 1""LII"l"IlIllli11111Ii Connie L. Cunningham 215 Center Street Enola, PA 17025 4� l •- �pirrrev noW S 02 1P $ 002.66© 0003194302 't MAILED FROM ZIP CODE 1 9053 POWERS,KIRN&ASSOCIATES,LLC `JILiL MANUEL-COUGHLIN,ESQUIRE Id.No. 63252 JOLANTA PEKALSKA,ESQUIRE Id No. 307968 - TA ,+ HARRY B. REESE,ESQUIRE Id No 310501 DANIEL C.FANASELLE,ESQUIRE Id No.312292 201'11 _ MATTHEW J.MCDONNELL,ESQUIRE Id No. 313549 26 Eight Neshaminy Interplex l Ii"t;e iJ' C CJ U i ' Suite 215 P- , , Trevose, PA 19053 i Llat"F :3 YLVA NIj A 215-942-2090 CITIMORTGAGE, INC. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC CUMBERLAND COUNTY 1000 TECHNOLOGY DRIVE OTALLON, MO 63368 No.: 13-7044 CIVIL vs. CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM 2,15 CENTER STREET ENOLA, PA 17025 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM , Defendant(s) for failure to file an Answer to Plaintiff s 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 $96844 . 22 Interest 11/02/2013 to 10/10/2014 2774 . 29 TOTAL $99618.51 I hereby certify that(1)the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 2 7.1, copy attached. e ,Kirn&Associat s,LLC EJill Manuel-Coughlin,Esquire I .No. 63252 ITanta Pekalska, Esquire, Id.No. 307968 rry B. Reese,Esquire,Id.No. 310501 ❑Daniel C. Fanaselle,Esquire, Id.No. 312292 ❑Matthew J. McDonnell,Esquire Id.No. 313549 Attornr Plaintiff Damages are hereby ass ssed as indicated. DATE: 101 . PROTHONOTARY + #13-1447 POWERS KIRN&ASSOCIATES, LLC By: Daniel Fanaselle, Esquire Attorney Id #312292 Eight Neshaminy Interplex, Suite 215 Trevose, PA 19053 Telephone: 215-942-2090 Attorneys for Plaintiff CITIMORTGAGE, INC. SUCCESSOR BY IN THE COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE CUMBERLAND COUNTY, GROUP, INC. PENNSYLVANIA Plaintiff vs. CIVIL ACTION-LAW Connie L. Cunningham No. 13-7044 Civil Defendant AFFIDAVIT OF SERVICE I hereby certify that per the court order dated April 25,2014 , copies of the reinstated Complaint in Mortgage Foreclosure Urgent Notice and Certification were sent to the Defendants Connie L. Cunningham, by certified and regular mail, by first class United States Mail, postage paid on August 29, 2014 as evidenced by the attached. This statement is subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: BY: =yam •---�'1� i—"/'ti---- Daniel Fanselle, Esquire .l: r- -<> w `_ �—x 13-1447 POWERS KIRN&ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIR I,- ID.NO. 63252 JOLANTA PEKALSKA, ESQUIRE ID.NO. 307968 HARRY B. REESE, ESQUIRE ID.NO. 310501 DANIEL C. FANASELLE, ESQUIRE ID.NO, 3)12292 MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549 EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 TELEPHONE: 215-942-2090 ATTORNEYS FOR PLAINTIFF CITIMORTGAGE, INC. SUCCESSOR BY IN THE COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, CUMBERLAND COUNTY INC. PLAINTIFF NO. 13-7044 CIVIL VS. CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM DEFENDANT CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM 215 CENTER STREET ENOLA, PA 17025 DATE OF NOTICE: SEPTEMBER 2014 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless You act within ten(10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You Should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Z� MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S. Bedford Street Carlisle,PA 17013- Carlisle, PA 17013- Phone: 717-243-9400 Phone: 717-249-3166 Powers, Kirn&Associates, LLC 0 Jill Manuel-Coughlin, Esquire Id.No.63252 13 Jolanta Pekalska, Esquire Id.No. 307968 • Harry B. Reese, Esquire Id.No. 310501 • Daniel C. Fanaselle, Esquire Id.No. 3 122920 (Matthew J. McDonnell, Esquire Id.No. 313549 Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de tin terniino de diez(10)dias de esta notificacion, el tribunal podra,sin necesidad de compararecer usted en corte o escuchar prLICba a1guna,dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notification a un abogado ininiediateniente si usted no tiene abogado,o si no tiene dinero sufliciente para tal servicio, vaya en persona o Ilarne por telpfono a la oficina, cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS,KIRN&ASSOCIATES,LLC JILL MANUEL-COUGHLIN, ESQUIRE Id.No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE,ESQUIRE Id No 310501 DANIEL C.FANASELLE,ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL,ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 CITIMORTGAGE, INC. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC CUMBERLAND COUNTY vs. No.: 13-7044 CIVIL CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM VERIFICATION OF NON-MILITARY SERVICE HARRY B. REESE, ESQUIRE , hereby verifies that he she is attorney for the Plaintiff in the above- captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) Defendant(s), CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM , is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Service members Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM, is over 18 years of age, and resides at 215 CENTER STREET, ENOLA, PA 17025. (c) Plaintiff, CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC, is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of 1000 TECHNOLOGY DRIVE, O'FALLON, MO 63368. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. U - lU P rs, Kirn&As ociates,LLC ❑Jill Manuel-Coughlin, quire Id.No. 63252 nta Pekalska, Esquire, Id. No. 307968 ❑�a arty B. Reese, Esquire, Id.No. 310501 ❑Daniel C. Fanaselle, Esquire, Id.No. 312292 ❑Matthew J. McDonnell, Esquire Id.No. 313549 Attorneys for Plaintiff SCRA 3.0 Status Report Pursuant to Servicemembe s Civil Relief Act Last Name: CUNNINGHAM First Name: CONNIE Middle Name: L Active Duty Status As Of: Oct-10-2014 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 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a 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 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 1 hereby certify this to be a true and correct copy of this docliment which was sent for filing to court on / By- -LA AA PU Powers, Kim&Associates, LLC SCRA3.0 Status Report 3* Pursuant to Servicemenibers Civil Relief Act - rw Last Name: CUNNINGHAM First Name: CONNIESUE Middle Name: L Active Duty Status As Of: Oct-10-2014 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 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a 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 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,Nary, 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. F 001 .�- Mary M.Snavely-Dixon, Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 `Weby certify this to be a true and correct copy this tf. ument which was sent for filing to court ;yDAII 'owers, Kim&Associates, LLC SCRA3.0 Statim Report Pursuant to Scrvicemembers. Civil Relief Act Last Name: CUNNINGHAM First Name: CONNIESUE Middle Name: Active Duty Status As Of: Oct-10-2014 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 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA I NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-U 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 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 I hgroby certify this to be a true and correct copy this doc men,which was sent for filing to court Z �r Powers, Kim 8 Ass`C OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM 215 CENTER STREET ENOLA, PA 17025 CITIMORTGAGE, INC. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC CUMBERLAND COUNTY Plaintiff No.: 13-7044 CIVIL vs. CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM Defendant(s) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania,you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment _Judgment in Replevin _Judgment for Possession by Default _Judgment on Award of Arbitration _Judgment on Verdict _Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL: ATTORNEY: Powers,Kim&Associates, LLC at this telephone number: (215) 942-2090. 1a i /y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 vs. CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM 215 CENTER STREET ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-7044 CIVIL PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 10/11/2014 to Date of Sale @ $16.37 per diem Subtotal (Costs to be added) d a C IA 1v3,'7s l 013,15 $99618.51 $3849.30 $103467.81 Powers, Kim & Associates, LLC D ill Manuel -Coughlin, Esquire Id. No. 63252 ❑Jolanta Pekalska, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 Daniel C. Fanaselle, Esquire, Id. No. 312292 ❑ Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Eight Neshaminy Interplex Suite 215 TrevosePA 19053 (215) 942-2090 CLW 353y& R4F 3W3// CITIMORTGAGE, INC. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMR() MORTGAGE GROUP, INC CUMBERLAND COUNTY vs. No.: 13-7044 CIVIL CONNIE LOU CUNNINGHAM A/KIA CONNIELOU CUNNINGHAM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 215 CENTER STREET, ENOLA, PA 17025: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CONNIE LOU CUNNINGHAM A/K/A 215 CENTER STREET CONNIELOU CUNNINGHAM ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: CONNIE LOU CUNNINGHAM A/K/A 215 CENTER STREET CONNIELOU CUNNINGHAM ENOLA, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CALVARY SPV 1 5000 SUMMIT LAKE DR. STE 400 VALHALLA, NY 10595 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff ABN AMRO MORTGAGE GROUP, INC. 2600 W BIG BEAR RD TROY, MI 48084 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 215 CENTER STREET ENOLA, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Powers, Kim & Associates, LLC ❑Jill Manuel -Coughlin, Esquire Id. No. 63252 ❑Jolanta Pekalska, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 gDaniel C. Fanaselle, Esquire, Id. No. 312292 ❑Matthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Detp,..l a S , 2014 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 CITIMORTGAGE, INC. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC CUMBERLAND COUNTY vs. No.: 13-7044 CIVIL CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM 215 CENTER STREET ENOLA, PA 17025 Your house (real estate) at 215 CENTER STREET, ENOLA, PA 17025, is scheduled to be sold at Sheriffs Sale on JUNE 03, 2015 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $99618.51, obtained by CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kim & Associates, LLC at (215) 942-2090. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN LOT or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Penn Street at the corner of Lots 50 and 52 in the hereinafter mentioned Plan; thence easterwardly along said dividing line between Lots 50 and 52 a distance of three hundred (300) feet a point at the corner of Lots 49, 50, 51, and 52, on the hereinafter mentioned Plan; thence northwardly along the dividing line between Lots 50 and 49 on the hereinafter mentioned Plan a distance of seventy and one-tenth (70.1) feet, more or less, to a point at the corner of Lots 47, 48, 49 and 50 on the hereinafter mentioned Plan, thence westwardly along the dividing line between Lots 48 and 50, on the hereinafter mentioned Plan a distance of three hundred (300) feet to a point on said dividing line on the eastern line of Penn Street on the hereinafter mentioned Plan; thence southwardly along the eastern line of said Penn Street, a distance of seventy (70) feet to a point, the place of BEGINNING. BEING THE SAME PREMISES which PAUL E. SMITH and WENDY J. SMITH , by Deed dated July 15, 1999 and recorded July 16, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 204, Page 11, granted and conveyed unto CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM . BEING KNOWN AS: 215 CENTER STREET, ENOLA, PA 17025 PARCEL #09-15-1290-003 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex Suite 215 Trevose, PA 19053 215-942-2090 CITIMORTGAGE, INC. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO ABN AMRO MORTGAGE GROUP, INC CUMBERLAND COUNTY vs. CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM No.: 13-7044 CIVIL CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: () FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (*) Act 91 complied with Powers, Kim & Associates, LLC ❑Jill Manuel -Coughlin, Esquire Id. No. 63252 ❑Jolanta Pekalska, Esquire, Id. No. 307968 ❑Harry B. Reese, Esquire, Id. No. 310501 .Daniel C. Fanaselle, Esquire, Id. No. 312292 EMatthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff 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 CITIMORTGAGE, INC., SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP INC. Vs. NO 13-7044 Civil Term CIVIL ACTION — LAW CONNIE LOU CUNNINGHAM A/K/A CONNIELOU CUNNINGHAM 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: $99,618.51 L.L.: $.50 Interest FROM 10/11/2014 TO DATE OF SALE @ $16.37 PER DIEM - $3,849.30 Atty's Comm: Atty Paid: $273.15 Plaintiff Paid: Date: 12/8/2014 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: DANIEL C. FANASELLE, ESQUIRE Address: POWERS, KIRN & ASSOCIATES, LLC EIGHT NESHAMINY INTERPLEX SUITE 215 TREVOSE, PA 19053 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 312292